Southern Environmental Law Center v. Tennessee Valley Authority and 16 other new FOIA lawsuits
We have added 107 documents from 17 FOIA cases filed between March 10, 2024 and March 16, 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.
- Southern Environmental Law Center v. Tennessee Valley Authority (filed Mar 14, 2024)
Southern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning the Johnsonville Project in Humphreys County, TN. TVA acknowledged receipt of the request and asked SELC to clarify the scope of the request. SELC clarified the scope of the request. TVA responded by sending a copy of an administrative record filed in the Middle District of Tennessee. SELC believed the records were not responsive. After hearing nothing further from the agency, SELC filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search - Padway v. The Social Security Administration, an Agency of the United States of America, by and through its Commissioner, Martin O'Malley (filed Mar 13, 2024)
Diane Padway submitted a FOIA request to the Social Security Administration for records concerning her social security history. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Padway filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Center for Gender & Refugee Studies et al v. US Customs and Border Protection (filed Mar 14, 2024)
Center for Gender and Refugee Studies and Al Otro Lando, Inc. submitted two FOIA requests to U.S. Customs and Border Protection for records concerning communications about gathering sites within San Diego Sector’s area of responsibility. CGRS also requested expedited processing. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CGRS and Al Otro Lando filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF JUSTICE (filed Mar 11, 2024)
America First Legal Foundation submitted a FOIA request to the Department of Justice for records concerning communications about the Southern Poverty Law Center’s 2022 report on hate and extremism. AFL also requested a fee waiver. The agency acknowledged receipt of the request. The Office of Information Policy asked AFL to narrow the scope of its search. AFL agreed to do so. The Civil Rights Division also asked AFL to narrow the scope of its request, which it did. After hearing nothing further from the agency, AFL filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - MANAGO v. UNITED STATES DEPARTMENT OF THE AIR FORCE (filed Mar 11, 2024)
Mario Manago submitted a FOIA request to the Department of Air Force for records related to the results of any Defense Organizational Climate Surveys for the 305th Aerial Port Squadron from 2015 to 2017. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Manago filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN CIVIL LIBERTIES UNION et al v. FEDERAL BUREAU OF PRISONS (filed Mar 11, 2024)
ACLU submitted a FOIA request to the Bureau of Prisons for records concerning people who were moved to home confinement as part of the CARES Act. The ACLU also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the ACLU filed suit.
Issues: Failure to respond within statutory time limit, Fees, Litigation – Attorney’s fees - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Mar 11, 2024)
Judicial Watch submitted a FOIA request to the Department of Justic for records concerning President Biden’s interview with Robert Hur. 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 - REACH MEDIA, LLC v. U.S. DEPARTMENT OF STATE (filed Mar 12, 2024)
Reach Media, a Persian language television broadcaster, submitted a FOIA request to the Department of State for records concerning the Incident. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Reach Media filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees - HERITAGE FOUNDATION et al. v. DEPARTMENT OF HOMELAND SECURITY (filed Mar 13, 2024)
The Heritage Foundation submitted a FOIA request to U.S. Secret Service for records concerning Kamala Harris and her husband Doug Emhoff regarding travel and housing expenses. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - CATO INSTITUTE v. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 13, 2024)
The Cato Institute submitted a FOIA request to the Department of Health and Human Services for records concerning Medicare spending data. The agency acknowledged receipt of the request and referred the request to the Centers for Medicare and Medicaid Services. 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 - NATIONAL STUDENT LEGAL DEFENSE NETWORK v. DEPARTMENT OF EDUCATION (filed Mar 13, 2024)
National Student Legal Defense Network submitted a FOIA request to the Department of Education for records concerning institutional compliance with the Campus Voter Registration requirements. The agency acknowledged receipt of the request. The agency asked NSLDN to clarify the scope of the request. NSLDN proved clarification. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Mar 14, 2024)
Judicial Watch submitted a FOIA request to U.S. Customs and Border Protection for records concerning the welding open of 114 flood gates in the border wall in Arizona. 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 - JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF ENERGY (filed Mar 14, 2024)
Judicial Watch submitted a FOIA request to the Department of Energy for records concerning the agency’s alleged attempt to retroactively terminate Donald Trump’s security clearance after his indictment for having classified documents. 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 - ERICSSON v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Mar 14, 2024)
Suzanne Ericsson, a Swedish citizen living in Bermuda, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning herself. The agency acknowledged receipt of the request. The agency located 16 pages responsive to her request. The agency disclosed 13 pages entirely but withheld three pages under Exemption 3 (other statutes). Ericsson filed an administrative appeal, which was denied. Ericsson then filed suit.
Issues: Litigation – Attorney’s fees - EMPOWER OVERSIGHT WHISTLEBLOWERS & RESEARCH v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed Mar 15, 2024)
Empower Oversight Whistleblowers & Research submitted a FOIA request to the SEC for records concerning Empower Oversight’s May 9, 2022 referral to the SEC OIG. The agency acknowledged receipt of the request. The agency asked Empower Oversight for clarification of its request. After hearing nothing further from the agency, Empower Oversight filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AMERICAN CENTER FOR LAW AND JUSTICE v. U.S. DEPARTMENT OF STATE (filed Mar 15, 2024)
American Center for Law and Justice submitted a FOIA request to the Department of State for records concerning the agency and UNRWA and any employee of UNRWA involved in acts of support of Hamas in the October 7 attack on Israel. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ACLJ filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index - The New York Times Company v. Health Resources and Services Administration (filed Mar 13, 2024)
The New York Times Company submitted four FOIA requests to the Health Resources & Services Administration for records concerning the 340B program. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the New York Times Company filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
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