WP COMPANY LLC. v. DEPARTMENT OF THE INTERIOR and 11 other new FOIA lawsuits, plus case descriptions

We have added 93 documents from 12 FOIA cases filed between January 7, 2024 and January 13, 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. WP COMPANY LLC. v. DEPARTMENT OF THE INTERIOR (filed Jan 8, 2024)
   The Washington Post submitted a FOIA request to the Department of Interior for records concerning hazardous condition reports about the Park Police’s radio communication system. The agency acknowledged receipt of the request. Three years later, the Park Police denied the request entirely under Exemption 7 (law enforcement records). The Washington Post filed an administrative appeal. The Park Police acknowledged receipt of the request but after hearing nothing further from the agency, the Washington Post filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. BATTLE BORN INVESTMENTS COMPANY, LLC v. U.S. DEPARTMENT OF JUSTICE (filed Jan 8, 2024)
   Battle Born Investments submitted a FOIA request to the Department of Justice for records concerning the identity of the individual who signed a Consent and Agreement to Forfeiture with the U.S. Attorney’s Office for the Northern District of California concerning a cryptocurrency wallet referred to as IHQ3. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Battle Born Investments filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed Jan 8, 2024)
   Judicial Watch submitted a FOIA request to the Department of Defense for records concerning a 2017 meeting between CIA analysts Eric Ciaramella and Sean Misko to try to get rid of then President Trump. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. JUDGE ROTENBERG EDUCATIONAL CENTER, INC. v. U.S. FOOD AND DRUG ADMINISTRATION et al (filed Jan 9, 2024)
   The Judge Rotenberg Educational Center submitted a FOIA request to the FDA for records concerning the agency’s continued attempts to ban JRC’s use of a specific electrical stimulation device. Based on prior FOIA litigation, JRC continued to believe that the FDA was targeting its use of the ESD. The agency acknowledged receipt of the request and after hearing nothing further from the agency, JRC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF STATE (filed Jan 10, 2024)
   Protect the Public’s Trust submitted three FOIA requests to the Department of State for records concerning communications and data from John Kerry regarding the Agriculture Innovation Mission for Climate. The agency acknowledged 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
6. AMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF COMMERCE et al (filed Jan 10, 2024)
   Americans for Prosperity Foundation submitted two FOIA requests to the National Institute for Standards and Technology for records concerning the government’s authority to require artificial intelligence developers with information on an ongoing basis under Executive Order 14110. AFPF also requested a fee waiver. The agency acknowledged receipt of the request. AFPF clarified the requests. After hearing nothing further from the agency, AFPF filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. WP COMPANY LLC. v. FEDERAL BUREAU OF INVESTIGATION (filed Jan 10, 2024)
   The Washington Post submitted a FOIA request to the FBI for records concerning the six-year-old investigation into the shooting death Bijan Ghaisar by two Park Officers on the George Washington Parkway. The FBI acknowledged receipt of the request but after hearing nothing further from the agency, the Washington Post filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jan 11, 2024)
   White Coat Waste Project submitted FOIA requests to the National Institute of Health for records concerning the use of animals for testing purposes. 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
9. IMMIGRATION REFORM LAW INSTITUTE v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jan 11, 2024)
   Immigration Reform Law Institute submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning emails that mention the 287(g)-program sent to a group of named employees. IMLI also requested a fee waiver and inclusion in the preferential fee treatment category. The agency acknowledged receipt of the request but after hearing nothing further from the4 agency, IMLI filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. SCHMITZ v. DEPARTMENT OF DEFENSE (filed Jan 11, 2024)
    Joseph Schmitz submitted a FOIA request to the Department of Defense for records concerning emails from Sally Donnelly, a former senior advisor to former Defense Secretary James Mattis, concerning a variety of people and issues. The agency acknowledged receipt of the request. The agency disclosed 86 heavily redacted pages. Later, the agency released 126 heavily redacted pages, citing Exemption 6 (invasion of privacy). Schmitz then filed suit, claiming the agency had a policy or practice of routinely redacting personal information for lower-level employees.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. CENTER FOR IMMIGRATION STUDIES v. U.S. CUSTOMS AND BORDER PROTECTION (filed Jan 11, 2024)
    Center for Immigration Studies submitted a FOIOA request to U.S. Customs and Border Protection for records concerning the number of aliens encountered by CBP at the southern border who were referred by DHS to DOJ for prosecution for improper entry. The agency acknowledged receipt of the request and denied the request. CIS filed an administrative appeal of the denial. After hearing nothing further from the agency, CIS filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Jan 11, 2024)
    The Center for Immigration Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the number of aliens encountered by ICE at the southern border who were ordered removed under the expedited removal process. The agency acknowledged receipt of the request but after hearing nothing from the agency, CIS filed suit.
    Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index