Earth Island Institute v. United States Forest Service and 13 other new FOIA lawsuits, plus case descriptions

We have added 81 documents from 14 FOIA cases filed between November 5, 2023 and November 11, 2023. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. Earth Island Institute v. United States Forest Service (filed Nov 8, 2023)
   Earth Island Institute submitted a FOIA request to U.S. Forest Service for records concerning the agency’s Giant Sequioa Response Actions in Nelder Grove. The agency acknowledged receipt of the request. The agency disclosed 245 pages in its first response. It disclosed another 528 pages in a second response and told EII that it still needed to process 4,000 responsive pages and would do so every several weeks at a rate of 500-1000 page. After hearing nothing further from the agency, EII filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. WP COMPANY, LLC v. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY (filed Nov 7, 2023)
   Washington Post national security reporter Alex Horton submitted a FOIA request to the Defense Counterintelligence and Security Agency for records relating of mentioning the background investigation for the security clearance for Airman First Class Jack Teixiera. The Post asked for expediting processing and a fee waiver. The agency acknowledged receipt of the request. The agency told the Post that it was withholding all records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Post filed an administrative appeal of the denial. The agency acknowledged receipt of the Post’s administrative appeal but after hearing nothing further from the agency, the Post filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. CAPITAL AREA IMMIGRANTS' RIGHTS COALITION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Nov 8, 2023)
   Capital Area Immigrants’ Rights Coalition submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning Rodriquez Guerra’s detention and ICE’s efforts to remove him from the United States. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CAIR filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. WHITE v. U.S. CUSTOMS AND BORDER PROTECTION (filed Nov 8, 2023)
   Kenneth White submitted a FOIA request to U.S. Customs and Border Protection for records concerning training materials for the Admissibility Review Office at CBP. The agency acknowledged receipt of the request. After hearing nothing further from the agency, White filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. O'CONNOR v. U.S. DEPARTMENT OF JUSTICE et al (filed Nov 8, 2023)
   Matt O’Connor submitted a FOIA request to the FBI for records concerning William A. Hanhardt, who had served as Chief Detective for the Chicago Police before being pleading guilty to racketeering conspiracy. He died in 2016. The agency acknowledged receipt of the request and told O’Connor that it had 54,165 pages of potentially responsive records, processing of which would take at least 84 months. The agency suggested to O’Connor that he narrow the request to the first 950 responsive pages, which would take 29 months to process. After hearing nothing further from the agency, O’Connor filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. DEMETRIADI et al v. DEPARTMENT OF HOMELAND SECURITY et al (filed Nov 8, 2023)
   Odysseus Demetriadi submitted FOIA requests to the Department of Homeland Security for records concerning secondary stops, RAW and border crossings involving Demetriadi. The agency acknowledged receipt of the request. Tatiana Braun also requested the reasons for why her Global Entry was revoked. The agency acknowledged receipt of that request. The agency disclosed records to both but withheld records as well. After hearing nothing further from the agency, Demetriadi and Braun filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al (filed Nov 8, 2023)
   Informed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning emails sent or received by Anthony Fauci after January1, 2011 that include “Johnson & Johnson,” “J&J,” or “Jansen” as well as payment terms. ICAN also requested expedited processing. The agency acknowledged receipt of the request and denied ICAN’s request for expedited processing. NIH asked ICAN to narrow its search terms, which it did. After hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. Associated Energy Group, LLC v. Department of Defense et al (filed Nov 8, 2023)
   Associated Energy Group submitted a FOIA request to the Department of Defense for records concerning a contract with United Capital Investment Group to build a pipeline in Djibouti. AEG agreed to pay fees up to $1,000. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AEG filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. ZABAVSKY v. DEPARTMENT OF JUSTICE (filed Nov 9, 2023)
   Andrew Zabavsky submitted a FOIA request to the Department of Justice for records concerning prosecutions brought against him for obstruction of justice. The agency acknowledged receipt of the request. After hearing nothing further, Zabavsky’s attorneys filed an administrative appeal. After hearing nothing further, Zabavsky filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. LEGAL SERVICES OF NEW JERSEY v. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Nov 9, 2023)
    Legal Services of New Jersey submitted two FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the detention and transfer of non-citizens in New Jersey. LSNJ also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agency denied the requests for expedited processing and a fee waiver and instead classified LSNJ as a commercial requester. After the agency failed to respond properly, LSNJ filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
11. Insider Inc. et al v. United States Small Business Administration (filed Nov 9, 2023)
    Insider, Inc. submitted two FOIA requests to the U.S. Small Business Administration for records concerning applications by named companies for various SBA programs. The agency acknowledged receipt of the requests. The agency referred Insider, Inc. to responsive Excel spreadsheets available on its website. It also withheld certain info0rmation about drug-free workplace policies under Exemption 4 (commercial and confidential). Insider, Inc. filed administrative appeals of both requests. After hearing nothing further from the agency, Insider, Inc. filed suit.
    Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees
12. Carlborg v. Department of Navy et al (filed Nov 10, 2023)
    Robert Carlborg submitted FOIA requests to the Department of Navy for records concerning a variety of topics. Seven of his requests were sent to the Marine Corp while other requests were sent to the Board for Correction of Naval Records. The agency acknowledged receipt of the requests but after it failed to respond to his satisfaction, Carlborg filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – In camera review, Litigation – Attorney’s fees
13. America First Policy Institute v. U.S. Department of Veterans Affairs (filed Nov 10, 2023)
    America First Policy Institute submitted three FOIA requests to the Department of Veterans Affairs for records concerning a variety of issues. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AFPI filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. US Right to Know v. Defense Intelligence Agency (filed Nov 10, 2023)
    US Right to Know submitted a FOIA request to Defense Intelligence Agency for records concerning the origin of the COVID-19 pandemic in Wuhan, China. USRTK also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, USRTK filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees