Alaska Industrial Development and Expert Authority v. U.S. Department of the Interior and 21 other new FOIA lawsuits
We have added 196 documents from 22 FOIA cases filed between March 31, 2024 and April 6, 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.
- Alaska Industrial Development and Expert Authority v. U.S. Department of the Interior (filed Apr 1, 2024)
Alaska Industrial Development and Export Authority submitted two FOIA requests to the Department of Interior for records concerning the agency’s reassessment of Alaskan lands. The agency acknowledged receipt of the requests but after hearing nothing further from the agency AIDEA filed suit.
Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit - The War Horse News et al v. United States Department of Defense et al (filed Apr 4, 2024)
War Horse News submitted a FOIA request to the Department of Army for records concerning the state of the Army’s water rights. The Army eventually acknowledged receipt of the request but after hearing nothing further from the Army, War Horse News filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Dadisho v. Federal Bureau of Investigation (filed Apr 3, 2024)
Edmond Dadisho submitted a FOIA request to the FBI for records concerning any investigations from 2016 to the present concerning Dadisho. The agency acknowledged receipt of the request. The agency located 20,800 responsive pages. The agency agreed to process the request for $850 with an estimated completion date of 77 months. The FBI responded with some records, but after hearing nothing further from the agency, Dadisho filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - AL OTRO LADO, INC. v. U.S. CUSTOMS AND BORDER PROTECTION (filed Apr 1, 2024)
Al Otro Lado submitted three FOIA requests to U.S. Customs and Border Protection for records concerning the stockpiling of captured fentanyl by the CBP and the agency’s refusal to post information about fentanyl policies online. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Al Otro Lado filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - CATO INSTITUTE v. U.S. DEPARTMENT OF JUSTICE et al (filed Apr 1, 2024)
Cato Institute submitted a FOIA request to the FBI for records concerning the latest version of the FBI Counterterrorism Policy Guide and Policy Directive 0775DPG. Cato Institute also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied Cato Institute’s request for a fee waiver. After hearing nothing further from the agency, Cato Institute filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - KLEINERT v. BUREAU OF LAND MANAGEMENT (filed Apr 1, 2024)
James Keeinert, a documentary filmmaker, submitted a FOIA request to the Bureau of Land Management for records concerning emails related to five specific topics, including Orion Mine Finance. The agency acknowledged receipt of the request. The agency located a single record. Keeinert filed an administrative appeal challenging the adequacy of the agency’s search. His appeal was upheld because other records had been found. Keeinert filed a second administrative appeal challenging the agency’s withholding of records under Exemption 4 (commercial and confidential). The agency denied that appeal. After hearing nothing further from the agency, Keeinert filed suit.
Issues: Adequacy – Search, Litigation – Attorney’s fees - EDWARDS LIFESCIENCES CORPORATION v. INTERNAL REVENUE SERVICE (filed Apr 2, 2024)
Edwards Lifesciences Corporation submitted a FOIA request to the IRS for records concerning its relationship with the IRS. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Edwards Lifesciences filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search - HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Apr 3, 2024)
Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning the interview with Mark Zwonitzer referenced in the Hur Report. The Heritage foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Heritage Foundation’s request for expedited processing. After hearing nothing further from the agency, Heritage Foundation filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Apr 3, 2024)
Heritage Foundation submitted a FOIA request to the Department of Justice for all non-classified images collected as part of Special Counsel Robert Hur’s investigation of Joe Biden’s retention of classified documents. Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Heritage Foundation’s request for expedited processing. After hearing further from the agency, Heritage Foundation filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Litigation – Attorney’s fees - HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Apr 3, 2024)
Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning all non-classified images collected as part of Special Counsel Robert Hur’s investigation of Joe Biden’s retention of classified documents. Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Heritage Foundation’s request for expedited processing. After hearing nothing further from the agency, Heritage Foundation filed suit.
Issues: Expedited processing, Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Apr 3, 2024)
Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning communications between the Office of Special Counsel and Joe Biden’s personal attorneys referenced on page 180-181 of the Hur Report. Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Heritage Foundation’s request for expedited processing. After hearing nothing further from the agency, Heritage Foundation filed suit.
Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Attorney’s fees - HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Apr 3, 2024)
Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning recordings of the interview conducted by Special Counsel Robert Hur of President Joe Biden during his investigation of Biden’s retention of classified documents. Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Heritage Foundation’s request for expedited processing. After hearing nothing further from the agency, Heritage Foundation filed suit.
Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Attorney’s fees - CABLE NEWS NETWORK, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Apr 4, 2024)
Cable News Network submitted a FOIA request to the Department of Justice for records concerning an audio recording of the Hur interview with Joe Biden as well as any transcripts. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CNN filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICA FIRST LEGAL FOUNDATION v. DEPARTMENT OF DEFENSE (filed Apr 4, 2024)
America First Legal Foundation submitted a FOIA request to the Department of Defense for records showing that the Defense Information Systems Agency had a system to preserve records that were accessed by the President. 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, Litigation – Vaughn index, Litigation – Attorney’s fees - NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 4, 2024)
Chiara Eisner, an investigative reporter for National Public Radio, submitted FOIA requests to the Administration for Children and Families for records concerning recorded calls made with and to the Unaccompanied children Sexual Abuse Hotline, as well as contracts between HHS and companies that transport minor children to their destinations with guardians. HHS acknowledged receipt of the requests but after hearing mothing further from the agency, NPR filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - AMERICAN IMMIGRATION COUNCIL v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Apr 5, 2024)
American Immigration Council submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency’s Family Expedited Removal Management, a border management program announced in 2023. AIC requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AIC filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - US RIGHT TO KNOW v. DEFENSE INTELLIGENCE AGENCY (filed Apr 5, 2024)
US Right to Know submitted a FOIA request to Defense Intelligence Agency for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, USTRK filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Soule v. United States Department of Justice (filed Apr 1, 2024)
Thomas Soule submitted a FOIA request to the Executive Office for U.S. Attorneys concerning records related to a proposal by Haymarket DuPage LLC to open and operate a treatment center in Itasca, IL. The agency acknowledged receipt of the request. The agency told Soule that its search found no responsive records. Soule filed an administrative appeal but after hearing nothing further from the agency, Soule filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Jefferis v. Federal Bureau of Prisons (filed Apr 3, 2024)
Danielle Jefferis, a law professor whose research focuses on theories of punishment and the law and policy governing prison and detention, submitted a FOIA request to the Bureau of Prisons for records concerning the authorization and construction and 1994 opening of ADX Florence. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Jefferis filed suit.
Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees - Center for Biological Diversity et al v. National Marine Fisheries Service (filed Apr 4, 2024)
Center for Biological Diversity, Natural Resources Defense Council, and Animal Welfare Institute submitted a FOIA request to National Marine Fisheries Service for records concerning 11 nations’ comparability applications for importing fish under the Marine Mammal Protection act. The agency acknowledged receipt of the request and made some interim disclosures. CBD filed several administrative appeals but after hearing nothing further from the agency, Center for Biological Diversity filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees - Carzoglio v. Klimek et al (filed Apr 4, 2024)
Angelo Carzoglio submitted a FOIA request to the U.S. Attorney’s Office for the Southern District of New York for records about his case. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Carzoglio filed suit.
Issues: Failure to respond within statutory time limit - MAC Trailer Sales Inc v. United States Department of Labor (filed Apr 4, 2024)
MAC Trailer Sales submitted a FOIA request to the Department of Labor for records concerning an OSHA investigation of an accident in which MAC has been sued involving the rupture of a pneumatic drill. The agency acknowledged receipt of the request. The agency provided some responsive records. However, after hearing nothing further from the agency, MAC Trailer Sales filed suit.
Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
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