INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al and 14 other new FOIA lawsuits

We have added 116 documents from 15 FOIA cases filed between February 11, 2024 and February 17, 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. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Feb 13, 2024)
   Informed Consent Action Network submitted a FOIA request to Centers for Disease Control for records concerning all versions of Vaccine Adverse Event Reporting System for COVID-19. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, ICAN filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. Barry Goldwater Institute for Public Policy Research v. United States Department of Education (filed Feb 14, 2024)
   The Barry Goldwater Institute for Public Policy Research submitted a FOIA request to the Department of Education for records concerning communications pertaining to fines under the Higher Education Act as that relates to Grand Canyon University. The Goldwater Institute also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request for expedited processing. The agency told the Goldwater Institute that it had located 7,000 responsive records and the cost for processing the request would incur $2,099 in fees. The Goldwater Institute asked the agency if its fee waiver request had been granted. The agency then indicated that it had granted the fee waiver request. However, after hearing nothing further from the agency, the Goldwater Institute filed suit.
   Issues: Adequacy – Search, Expedited processing, Litigation – Attorney’s fees, Failure to respond within statutory time limit
3. Dicus v. O'Malley (filed Feb 16, 2024)
   Kathryn Dicus submitted a FOIA request to the Social Security Administration for records concerning Robert Keith James Gordon, a consultive examiner. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records. Dicus then filed suit.
   Issues: Litigation – Recovery of Costs
4. Glenwood Springs Citizens' Alliance v. U.S. Department of the Interior et al (filed Feb 15, 2024)
   Glenwood Springs Citizens Alliance submitted FOIA requests to the Bureau of Land Management for records concerning the RMI limestone mine. The agency acknowledged receipt of the requests and disclosed information heavily redacted under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). GSCA filed administrative appeals but after hearing nothing further from the agency, GSCA filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. TILLEY v. U.S. DEPARTMENT OF JUSTICE (filed Feb 13, 2024)
   Kevin Tilley submitted a FOIA request to the Department of Justice’s Office of Inspector General for records concerning his suspension as an FBI agent. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (ongoing investigation or proceeding). Tilly contacted the Office of Government Information Services. OGIS told him it could do nothing to help. Tilley then filed suit.
   Issues: Litigation – Attorney’s fees
6. POWER THE FUTURE v. DEPARTMENT OF STATE (filed Feb 13, 2024)
   Power the Future submitted a FOIA request to the Department of State for records concerning name, job title, and salary of policy advisors or senior advisors to John Kerry. Power the Future also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Power the Future filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 13, 2024)
   Judicial Watch submitted a FOIA request to the Department of Homeland Security for records concerning incidents where Secret Service personnel were bitten by the Biden’s dog. 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
8. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. DEPARTMENT OF STATE (filed Feb 13, 2024)
   Government Accountability & Oversight submitted a FOIA request for records concerning email correspondence of three State officials, included one or more of three keywords. GAO also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, GAO filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. NATIONAL TREASURY EMPLOYEES UNION v. U.S. DEPARTMENT OF THE TREASURY (filed Feb 14, 2024)
   National Treasury Employees Union submitted a FOIA request to the Department of Treasury for records concerning electronic records of all unrepresented bargaining unit eligible employees in the Department of Treasury. The agency acknowledged receipt of the request. The agency told NTEU that it had located one responsive Excel spreadsheet. However, the agency decided to withhold the spreadsheet entirely under Exemption 6 (invasion of privacy). NTEU filed an administrative appeal but after hearing nothing further from the agency, NTEU filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 14, 2024)
    America First Legal Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning communications to and from Rachel Levine from October 2021 to the present. AFL also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Public Interest Fee Waiver, Litigation – Attorney’s fees
11. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Feb 15, 2024)
    Public Employees for Environmental Responsibility and Center foe Environmental Health submitted FOIA requests to the EPA for records concerning the agency’s actions involving Inhance. The agency acknowledged receipt of the request. The agency disclosed some records, but dissatisfied with the agency’s response, PEER and CEH filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF EDUCATION (filed Feb 15, 2024)
    America First Legal Foundation submitted three FOIA requests to the Department of Education for records. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
13. AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF JUSTICE et al (filed Feb 16, 2024)
    American Oversight submitted a FOIA request to the Department of Justice for records concerning Form 302s related to the agency’s investigation of Matt Gaetz. The agency acknowledged receipt of the request. The FBI invoked a privacy Glomar response. American Oversight filed an administrative appeal of that decision. The Criminal Division acknowledged receipt of the request but after hearing nothing further from the Criminal Division, American Oversight filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. PROTECT THE PUBLIC'S TRUST v. OFFICE OF MANAGEMENT AND BUDGET (filed Feb 16, 2024)
    Protect the Public’s Trust submitted a FOIA request to OMB for records concerning communications related to Israel, Palestine, Hamas, and Gaza, sent to Sophie Maher, containing a list of keywords. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. TOBIAS v. U.S. DEPARTMENT OF ENERGY (filed Feb 16, 2024)
    Journalist Jimmy Tobias submitted five FOIA requests to the Department of Energy for records concerning a variety of topics. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tobias filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees