Intercept Media, Inc. v. United States Air Force et al and 13 other new FOIA lawsuits, plus case descriptions

We have added 113 documents from 14 FOIA cases filed between January 21, 2024 and January 27, 2024. 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. Intercept Media, Inc. v. United States Air Force et al (filed Jan 26, 2024)
   Intercept Media submitted FOIA requests to the Department of the Air Force, the Department of State, the Department of Treasury, and the Department of Navy for records concerning the 2022 underwater demolition of, and resulting gas leaks from, the Nord Stream 1 and Nord Stream 2 natural gas pipelines in the Baltic Sea. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, Intercept Media filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. NAZEM v. U.S. CUSTOMS AND BORDER PROTECTION (filed Jan 22, 2024)
   Donyanaz Nazem submitted a FOIA request to U.S. Customs and Border Protection for records concerning her travel history so that she could apply for naturalization. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Nazem filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Jan 23, 2024)
   The Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning Attorney General Merrick Garland’s basis for making statement about Special Counsel David Weiss’ authority in the investigation of Hunter Biden. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request because it failed to adequately describe the records sought. The Heritage Foundation filed an administrative appeal of the denial. The agency acknowledged receipt of the appeal 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
4. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Jan 23, 2024)
   Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning emails from personnel in Immunization Safety Office from January 2020 to the present containing one or more of listed terms. The agency acknowledged receipt of the request. The CDC asked ICAN to limit the number of employees. ICAN did so. The agency located 826 pages and redacted some information. ICAN filed an administrative appeal, but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
5. INFORMED CONSENT ACTION NETWORK v. AGENCY FOR HEALTHCARE RESEARCH AND QUALITY et al (filed Jan 23, 2024)
   Informed Consent Action Network submitted a FOIA request to the Agency for Healthcare Research and Quality for records concerning the destruction of two documents. The agency acknowledged receipt of the request. The agency told ICAN that the destruction of records schedule could be found on the National Archives’ website. ICAN filed an administrative appeal of the decision. 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
6. PROTECT THE PUBLIC'S TRUST v. U.S. FOOD AND DRUG ADMINISTRATION (filed Jan 24, 2024)
   Protect the Public’s Trust submitted two FOIA requests to the FDA for records. The requests related to the Logic Technology Development’s menthol e-cigarette application and its approval /denial process. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Jan 25, 2024)
   National Student Legal Defense Network submitted five FOIA requests to the Department of Education for records concerning a variety of issues. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, NSLDN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. CATO INSTITUTE v. U.S. DEPARTMENT OF DEFENSE et al (filed Jan 25, 2024)
   The Cato Institute submitted a FOIA request to the Department of Defense for records concerning correspondence from the Office of the Secretary of Defense concerning a number of issues. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Cato Institute filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. BLOOMBERG L.P. et al v. U.S. DEPARTMENT OF DEFENSE et al (filed Jan 25, 2024)
   Bloomberg Reporter Jason Leopold submitted a FOIA request to the Department of the Army for records concerning final reports of investigations involving terrorism activities and white supremacy. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jan 25, 2024)
    White Coat Waste Project submitted FOIA requests to the National Institute of Health for various records. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, WCWP filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. AMERICAN CENTER FOR LAW AND JUSTICE v. DEPARTMENT OF STATE (filed Jan 26, 2024)
    American Center for Law and Justice submitted a FOIA request to the Department of State for records concerning the removal of the Houthis from the list of designated terrorist organizations. The agency acknowledged receipt of the request. After hearing nothing further from the agency, ACLJ filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. STAVOLA v. UNITED STATES DEPARTMENT OF COMMERCE et al (filed Jan 24, 2024)
    Thomas Stavola, representing Save Long Island, submitted a FOIA request to the Department of Commerce for records concerning various vessel surveys. The agency acknowledged receipt of the request. The agency told Stavola that the information was either publicly available or would take time to gather. After hearing nothing further from the agency, Stavola filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. Pickering v. Central Intelligence Agency (filed Jan 23, 2024)
    Leslie Pickering submitted a FOIA request to the CIA for records concerning himself. The agency acknowledged receipt of his request. The agency denied his request. Pickering filed an administrative appeal of the denial. After hearing nothing further from the agency, Pickering filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. Washington v. United States Federal Government (filed Jan 22, 2024)
    Bretz Washington filed suit against the U.S. government claiming he was embarrassed by the way he was treated at the federal building in San Francisco. This is not a FOIA case.
    Issues: FOIA not mentioned