MAYOR AND CITY COUNCIL OF BALTIMORE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, plus case descriptions

We have added 269 documents from 29 FOIA cases filed between December 17, 2023 and December 23, 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. MAYOR AND CITY COUNCIL OF BALTIMORE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Dec 18, 2023)
   The Mayor and City Council of Baltimore submitted a FOIA request to the Bureau of Alcohol, Tobacco, and Firearms for records concerning the firearms used in crimes in Baltimore. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 3 (other statutes), citing the Tiahrt Amendment. Baltimore filed an administrative appeal, which was denied. Baltimore then filed suit.
   Issues: Litigation – Attorney’s fees
2. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF ENERGY (filed Dec 18, 2023)
   Protect the Public’s Trust submitted a FOIA request to the Department of Energy for records concerning communications between a list of identified staff members and a list of outside named individuals or entities. The agency acknowledged receipt of the request. The agency contacted PPT to clarify the request. After hearing nothing further from the agency PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
3. PROTECT THE PUBLIC'S TRUST v. U.S. FOOD AND DRUG ADMINISTRATION (filed Dec 18, 2023)
   Protect the Public’s Trust submitted a FOIA request to the FDA for records concerning communications related to the Reagan-Udall Foundation Report evaluating the FDA’s tobacco program and containing a list of keywords. The agency acknowledged receipt of the request. The agency told PPT that the request was too broad to allow a search. PPT clarified the request. The FDA told PPT that its search requests would incur fees. The FDA then provided a list of potential fees. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
4. FEDERMAN v. FEDERAL BUREAU OF INVESTIGATION (filed Dec 18, 2023)
   Investigative journalist Adam Federman submitted a FOIA request to the FBI for records concerning correspondence or communications pertaining to threats to Dakota Access Pipeline Project. The FBI acknowledged receipt of the request and told Federman that it had located 61,982 pages of potential responsive records. Federman narrowed the request to 3,176 pages. After hearing nothing further from the agency, Federman filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. REY SOTO v. DRUG ENFORCEMENT ADMINISTRATION (filed Dec 18, 2023)
   Carlos Arturo Rey Soto submitted a FOIA request to the DEA for records concerning himself. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Rey Soto filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
6. ORNSTEIN-SCHULER INVESTMENTS LLC v. U.S. INTERNAL REVENUE SERVICE (filed Dec 18, 2023)
   Ornstein-Schuler Investments submitted a FOIA request to the IRS for records concerning the agency’s valuation of property assets in public court cases. The agency acknowledged receipt of the request. The agency told OSI that much of the information belonged to third parties and could be disclosed without authorization. After hearing nothing further from the agency, OSI filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. US RIGHT TO KNOW v. DEFENSE INTELLIGENCE AGENCY (filed Dec 19, 2023)
   U.S. Right to Know submitted a FOIA request to the Defense Intelligence Agency for records. 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
8. OSARIO v. U.S. CUSTOMS AND BORDER PROTECTION (filed Dec 20, 2023)
   Lianet Alvarez Osario submitted a FOIA request U.S, Customs and Border Protection for records concerning the death of her mother while crossing the southern border. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Osario filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. LERMAN v. FEDERAL EMERGENCY MANAGEMENT AGENCY et al (filed Dec 20, 2023)
   Deborah Lerman submitted a FOIA request to the Federal Emergency Management Agency for records concerning the agency’s plans to respond to the COVID-19 pandemic. The agency acknowledged receipt of the request. The agency referred the request to the Department of Homeland security. It also referred 32 pages to the FDA. After hearing nothing further from the agency, Lerman filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF DEFENSE (filed Dec 21, 2023)
    Heritage Foundation submitted a FOIA request to U.S. Southern Command for records sent to or from the following custodians containing the listed keywords. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. DAILY WIRE, LLC v. UNITED STATES DEPARTMENT OF JUSTICE (filed Dec 21, 2023)
    The Daily Wire submitted two FOIA requests to the Department of Justice’s Community Relations Service for records. The first request sought Hannah Levine’s emails. Daily Wire also requested a fee waiver. The agency acknowledged receipt of the request. The second request asked for records that reflected the scale of CRS’s activities. Daily Wire asked for a fee waiver and expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Daily Wire filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. UNITED DEVELOPMENT FUNDING III, L.P et al v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Dec 21, 2023)
    United Development Funding submitted a FOIA request to the SEC for records concerning communications between agency staff and Hayman Capital related to the agency’s Hayman Capital Investigation. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, United Development Fund filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. ENVIRONMENTAL WORKING GROUP v. FOOD SAFETY AND INSPECTION SERVICE et al (filed Dec 22, 2023)
    Environmental Working Group submitted a FOIA request to the Food Safety and Inspection Service for records concerning communications between the agency and Tyson Foods pertaining to claims made about its Brazen Beef brand. The agency acknowledged receipt of the request. The agency withheld records under Exemption 4 (commercial and confidential). EWG filed an administrative appeal of the denial. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EWG filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. O'BRIEN v. DEPARTMENT OF DEFENSE et al (filed Dec 22, 2023)
    Curtis O’Brien submitted a FOIA request to the National Guard Bureau for records about himself. The agency acknowledged receipt of the request. The agency asked O’Brien to identify where and when he served in the National Guard. He did so but after hearing nothing further from the agency, O’Brien filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. SYRIA JUSTICE AND ACCOUNTABILITY CENTRE v. UNITED STATES DEPARTMENT OF DEFENSE et al (filed Dec 22, 2023)
    Syria Justice and Accountability Centre filed FOIA requests to the Department of Defense and the Department of State for records concerning the identities of any person detained, killed, or released by ISIL, a Syrian terrorist organization. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, SJAC filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
16. CALDWELL v. MAYORKAS (filed Dec 22, 2023)
    Thomas Caldwell submitted a FOIA request to the Department of Homeland Security for records concerning his late wife’s employment. His wife committed suicide in December 2022 after complaining to family that her employment was causing her depression, particularly bullying and harassment by two co-workers. Caldwell filed two FOIA requests with DHS but after hearing nothing further, he filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
17. HERITAGE FOUNDATION et al v. CENTRAL INTELLIGENCE AGENCY (filed Dec 22, 2023)
    The Heritage Foundation submitted a FOIA request to the CIA for records concerning letters sent by members of the Senate and the House to ask the CIA to investigate allegations that members of the CIA’s COVID discovery team were given financial incentives to change their assessment of the origin of COVID-19. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
18. RYAN et al v. UNITED STATES DEPARTMENT OF JUSTICE (filed Dec 23, 2023)
    Naoise Connolly Ryan and a number of other named requesters submitted a FOIA request to the Criminal Division of the Department of Justice for records concerning allegations of fraud during DOJ’s investigation of the two crashes of Boeing 737 MAX airplanes that killed hundreds of passengers. The requesters asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request for expedited processing. After hearing nothing further from the agency, the requesters filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
19. Slater v. Federal Bureau of Prisons (filed Dec 17, 2023)
    James Slater submitted three FOIA requests on behalf of next of kin of prisoners who died at Coleman federal prison. The first request asked for records about the named prisoner. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Slated filed an administrative appeal. The agency remanded the case for a search because Exemption 7(A) was no longer applicable. The other two FOIA requests asked for records about each prisoner. The agency acknowledged receipt of the request. After hearing nothing further from the agency concerning any of the three requests, Slater filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
20. Louisiana v. U S Environmental Protection Agency (filed Dec 19, 2023)
    The State of Louisiana submitted a FOIA request to the EPA for records concerning environmental justice in Louisiana. The agency acknowledged receipt of the request. The agency told the State of Louisiana that the request was too broad to conduct adequate search. Louisiana narrowed the request. After hearing nothing further from the agency, Louisiana filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
21. Hairston v. Social Security Administration et al (filed Dec 20, 2023)
    Arthur Hairston submitted a FOIA request to the Social Security Administration for records concerning a complaint he filed with the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hairston filed suit.
    Issues: Failure to respond within statutory time limit
22. Morilha v. U.S. Department of Justice (filed Dec 19, 2023)
    Daniel Morilha submitted a FOIA request to the Department of Justice for records about allegations made against him. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Morilha filed suit.
    Issues: Failure to respond within statutory time limit
23. Lain v. U.S. Department of Homeland Security (filed Dec 21, 2023)
    Kim Lain submitted a FOIA request to the Department of Homeland Security for records concerning the agency’s knowledge of the use of wristbands by human traffickers. The request also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lain filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Fees, Litigation – Attorney’s fees
24. Augustine-Adams v. United States Department of Health and Human Services (filed Dec 20, 2023)
    Kif Augustine-Adams submitted FOIA requests to the Department of Health and Human Services for records concerning the category of discharge assigned to unaccompanied children released from ORR custody and the zip code of the sponsor. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Augustine-Adams filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
25. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES et al v. U S DEPARTMENT OF HEALTH & HUMAN SERVICES et al (filed Dec 18, 2023)
    The Florida Agency for Health Care Administration and the Florida Department of Children and Families submitted a FOIA request to the Department of Health and Human Services for records concerning communications between the agency and Florida Health Justice Project and the National Health Law Program regarding the subject matter of litigation against the state agencies challenging Medicaid redeterminations of recipient eligibility. The state agencies submitted a second FOIA request to the Centers for Medicare and Medicaid Services for similar records. The state agencies also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. HHS responded to the request by locating 276 responsive pages but withholding them all under Exemption 5 (privileges). The state agencies filed an administrative appeal. CMS also responded to the second request, indicating that responsive records would require redaction. After hearing nothing further from the agencies, the state agencies filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
26. Irwin v. National Nuclear Security Administration (filed Dec 18, 2023)
    Lawrence Irwin submitted a FOIA request to the National Nuclear Security Administration for records concerning a complaint filed against him for leaving weapons unattended at an agency firing range. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Irwin filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
27. Johnson v. Department of the Navy (filed Dec 19, 2023)
    Lance Johnson submitted two FOIA requests to the Marine Corps for records of urinalysis testing records for all urinalysis tests administered at Camp Pendleton from December 2021 to March 2022. The agency acknowledged receipt of the requests. The agency disclosed some records but withheld others. Johnson filed administrative appeals of both denials. The agency failed to respond to one appeal but remanded the second for more searching. After hearing nothing further from the agency, Johnson filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
28. HERITAGE FOUNDATION et al v. U.S. CONSUMER PRODUCT SAFETY COMMISSION (filed Dec 20, 2023)
    Heritage Foundation submitted a FOIA request to the U.S. Consumer Product Safety Commission for records concerning the agency’s work regarding natural gas stoves. Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted the Heritage Foundation’s request for expedited processing. However, after hearing nothing further from the agency, the Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
29. New Civil Liberties Alliance et al v. U.S. Securities and Exchange Commission (filed Dec 20, 2023)
    New Civil Liberties Alliance, Investors Choice Advocates Network, Patriot 28, and George Jarkesy submitted a FOIA request to the SEC for records concerning a control deficiency that the agency had learned about. The requesters also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency NCLA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees