Southern Environmental Law Center v. Tennessee Valley Authority and 25 other new FOIA lawsuits

We have added 225 documents from 26 FOIA cases filed between February 25, 2024 and March 2, 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. Southern Environmental Law Center v. Tennessee Valley Authority (filed Feb 27, 2024)
   Southern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning the Energy Programs Potential Study. The agency acknowledged receipt of the request but after hearing nothing further from the agency in response to the request, SELC filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Feb 26, 2024)
   Journalist Jason Leopold submitted a FOIA request to the Department of Justice for records concerning interview transcripts of the interview of President Joe Biden by Special Counsel Robert Hur pertaining to Biden’s retention of classified information. 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, Litigation – Attorney’s fees
3. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Feb 26, 2024)
   Government Accountability & Oversight submitted a FOIA request to the EPA for records concerning a March 2022 memo prepared by the Administrator to members of Congress related to sustainable energy and environmental coalition. GAO also requested expedited processing. The agency acknowledged receipt of the request and denied GAO’s request for expedited processing. GAO then filed suit challenging the denial of expedited processing.
   Issues: Expedited processing, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Feb 26, 2024)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning the use of a non-government email address by Lisa Monaco. 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
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Feb 26, 2024)
   Judicial Watch submitted a FOIA request to the Department of State for records concerning the meeting of Ambassador David Pressman with other ambassadors to Hungary in October, 2023. 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
6. RIM ROCK AGGREGATES LLC et al v. U.S. INTERNAL REVENUE SERVICE (filed Feb 27, 2024)
   Rim Rock Aggregates LLC and Top Rope Holdings submitted FOIA requests to the IRS for records concerning the audit of each plaintiff. The agency acknowledged receipt of the requests but after hearing nothing further from the agency Rim Rock and Top Rope Holdings filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. LIGHTSTONE NEW YORK REGIONAL CENTER, LLC v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Feb 27, 2024)
   Lightstone New York Regional Center submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s statistics and records related to its processing of I-526 and I-526E Petitions. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lightstone filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. INFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al (filed Feb 27, 2024)
   Informed Consent Action Network submitted a FOIA request to National Institute of Health for records concerning whether natural COVID-19 infections should count statistically. The agency acknowledged receipt of the request. The agency located 234 pages and disclosed 112 pages. The agency referred 122 pages to other components for review. ICAN filed an administrative appeal. 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
9. INFORMED CONSENT ACTION NETWORK v. HEALTH RESOURCES AND SERVICES ADMINISTRATION et al (filed Feb 27, 2024)
   Informed Consent Action Network submitted a FOIA request to Health Resources and Services Administration for records concerning agency personnel involved with the Countermeasures Injury Compensation Program. The agency acknowledged receipt of the request. The agency located one page and withheld it entirely under Exemption 6 (invasion of privacy). ICAN filed an administrative appeal but 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
10. INFORMED CONSENT ACTION NETWORK v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 27, 2024)
    Informed Consent Action Network submitted a FOIA request to Department of Health and Human Services for records concerning organization charts for Operation Warp Speed. The agency acknowledged receipt of the request. After hearing nothing further from the agency about their request, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. PARENTS DEFENDING EDUCATION v. U.S. DEPARTMENT OF EDUCATION (filed Feb 28, 2024)
    Parents Defending Education submitted a FOIA request to the Department of Education for records concerning correspondence between the agency and Governing for Impact, the National Student Legal Defense Network, and the New Venture Fund containing specific listed terms. The agency acknowledged receipt of the request and asked PDE for clarification. PDE provided clarification. The agency said it would provide records on a rolling basis but after hearing nothing further from the agency, PDE filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 28, 2024)
    Judicial Watch submitted FOIA requests to the Department of Homeland Security for records concerning lawsuits filed by the State of Texas challenging the government’s removal of barriers installed by Texas along the southern border. The agency acknowledged receipt of the requests. DHS told Judicial Watch that it was transferring the request to U.S. Customs and Border Protection for response. Judicial Watch filed an administrative appeal of the decision to transfer to CBP. CBP asked Judicial Watch for clarification. Judicial Watch provided clarification but heard nothing further from CBP. U.S. Immigration and Customs Enforcement acknowledged receipt of the request. After hearing nothing further from the agency and its components, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
13. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Feb 28, 2024)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning the release of approximately $6 billion in Iranian assets from Sout Korea to the central bank in Qatar in 2023. The agency acknowledged receipt of the request. 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
14. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Feb 28, 2024)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning cables or communications mentioning Gonzalo Lira, an American citizen who was arrested in Ukraine in 2023 ad died in prison in Ukraine in 2024. The agency acknowledged receipt of the request but after hearing 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
15. SOLOMON v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 29, 2024)
    John Solomon, an investigative journalist, submitted two FOIA requests to the Department of Health and Human Services. The first FOIA request was sent to the FDA for updates and corrections relating to COVID-19 vaccinations. The request asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request but Solomon heard nothing further from the FDA. The second FOIA request was sent to the Centers for Disease Control and also asked for updates and corrections relating to COVID-19 vaccinations. The request also asked for expedited processing and a fee waiver. The CDC acknowledged receipt of the request. However, after Solomon heard nothing further from either agency, he filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Litigation – Vaughn index, Litigation – Attorney’s fees
16. CENTER FOR IMMIGRATION STUDIES v. U.S. DEPARTMENT OF STATE (filed Feb 29, 2024)
    Center for Immigration Studies submitted five FOIA requests to the Department of State for records concerning funding for separate State Department offices. The agency acknowledged receipt of the requests but 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
17. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE (filed Feb 29, 2024)
    Judicial Watch submitted a FOIA request to the Department of State for records concerning 2014 meetings between William Burns and Jeffrey Epstein. 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
18. CHINESE AMERICAN LEGAL DEFENSE ALLIANCE v. FEDERAL BUREAU OF INVESTIGATION et al (filed Feb 29, 2024)
    Chinese American Legal Defense Alliance submitted a FOIA request to the FBI and the National Security Division of the Justice Department for records concerning emails to or from Matthew Olsen, since January 2014 concerning the investigation or prosecution of university professors regarding their ties to China. The agencies acknowledged receipt of the request. The FBI denied the request as too broad. CALDA filed an administrative appeal. The appeal was rejected. The NSD acknowledged receipt of the request but after hearing nothing further from the NSD, CALDA filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
19. PROTECT THE PUBLIC'S TRUST v. U.S. OFFICE OF PERSONNEL MANAGEMENT (filed Mar 1, 2024)
    Protect the Public’s Trust submitted a FOIA request to the Office of Personnel Management for records concerning pre-appointment checklist. 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
20. BLOOMBERG L.P. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Mar 1, 2024)
    Bloomberg News submitted two FOIA requests to the Department of Homeland Security for records concerning employer-level records of results of H1-B lottery petitions. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Bloomberg News filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
21. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF AGRICULTURE (filed Mar 1, 2024)
    America First Legal Foundation submitted three FOIA requests to the Department of Agriculture for records concerning communications between the agency and three specified email domains. 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
22. Defense of Freedom Institute for Policy Studies, Inc. v. US Department of Education (filed Feb 26, 2024)
    Defense of Freedom Institute for Policy Studies submitted two FOIA requests to the Department of Education for records concerning any ethics agreements or waivers for agency officials. DFI also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agency disclosed heavily redacted records. DFI filed an administrative appeal. After hearing nothing further from the agency, DFI filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
23. Leopold et al v. U.S. Department of the Army (filed Feb 27, 2024)
    Bloomberg News Reporter Jason Leopold submitted a FOIA request to the Department of Army for records concerning reports of investigations referencing extremist activities. The agency acknowledged receipt of the request and told Leopold it would take more than 20 days to process the request. After hearing nothing further from the agency, Leopold filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
24. Southern Environmental Law Center v. Tennessee Valley Authority (filed Feb 29, 2024)
    Southern Environmental Law Center submitted three FOIA requests to the Tennessee Valley Authority for records concerning EPA’s cooperation with TVA on the draft environmental impact statement for the Cumberland Fossil Plant Retirement. The agency acknowledged receipt of the requests. The agency acknowledged receipt of the requests but after hearing nothing from the agency, SELC filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
25. Targeted Justice, Inc. v. Federal Bureau of Investigation (filed Mar 1, 2024)
    Targeted Justice, Inc. submitted a FOIA request to the FBI for records concerning the Targeted Screening Database Handling Codes 3 and 4 subcategories. Targeted Justice requested a fee waiver. The FBI acknowledged receipt of the request. The FBI invoked a Glomar response neither denying nor confirming the existence of records. Targeted Justice filed an administrative appeal. The Office of Information Policy upheld the FBI’s denial. Targeted Justice then filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
26. Huntley v. Acting Secretary Julie Su United States Department of Labor (filed Mar 1, 2024)
    Chad Huntley submitted a FOIA request to the Department of Labor for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Huntley filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees