CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and 11 other new FOIA lawsuits

We have added 95 documents from 12 FOIA cases filed between April 28, 2024 and May 4, 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. CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed May 2, 2024)
   Center for Biological Diversity submitted a FOIA request to the Department of Housing and Urban Development for records concerning HUD’s funding of fossil fuel project over renewable energy projects. The agency acknowledged receipt of the request. However, after hearing nothing further from the agency, CBD filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. Behring Capital LLC v. United States Citizenship and Immigration Services (filed Apr 29, 2024)
   Behring Capital, Inc., a company which helps sponsor projects under the EB-5 Immigrant Investor Program, submitted a FOIA request to U.S. Citizenship and Immigration Services for records data about EB5 filings and adjudications. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Behring Capital filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Behring Capital LLC v. United States Citizenship and Immigration Services (filed Apr 29, 2024)
   Behring Capital, Inc., a company that helps sponsor projects under the EB-5 Immigrant Investor Program submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning policies and procedures regarding the adjudication of EB-5 petitions. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Behring Capital filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. Foundation for National Progress d/b/a Mother Jones v. U.S. Citizenship and Immigration Services et al (filed Apr 30, 2024)
   Foundation for National Progress, which publishes Mother Jones, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning data on admissions of citizens fleeing from Ukraine and Afghanistan. USCIS acknowledged receipt of the request and told Mother Jones that the request was too vague to process. Mother Jones filed a clarification and USCIS agreed to start searching for records. After hearing nothing further from the agency, Mother Jones filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Apr 29, 2024)
   Protect the Public’s Trust submitted three FOIA requests to the Department of Housing and Urban Development for records concerning HUD’s Senior Advisor for Climate, Alexis Pelosi. The agency acknowledged receipt of 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. LANIER LAW FIRM v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Apr 30, 2024)
   Lanier Law Firm submitted a FOIA request to the Centers for Medicare and Medicaid Services for records concerning communications between CMS and HHS pertaining to the talcum powder litigation against Johnson and Johnson. CMS acknowledged receipt of the request but told Lanier that its request was too vague to search. Lanier disagreed, instead sending a letter with names of individual employees who might have records. After hearing nothing further from the agency, Lanier Law Firm filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. AMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 30, 2024)
   America’s First Legal Foundation submitted a FOIA request to the National Institute of Health for records concerning emails Dr. Morens sent or received through non-governmental email accounts in connection with his official government duties. AFL also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AFL filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. INFORMED CONSENT ACTION NETWORK v. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY et al (filed May 2, 2024)
   Informed Consent Action Network submitted a FOIA request to Defense Advanced Research Projects Agency for records concerning contracts and agreements between the U.S. Government and Moderna or Modernatx, Inc. relating to COVID-19 vaccines. ICAN also requested expedited processing. DARPA acknowledged receipt of the request and denied ICAN’s request for expedited processing. ICAN filed an administrative appeal of the denial of expedited processing. 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. GUN OWNERS OF AMERICA, INC. et al v. FEDERAL BUREAU INVESTIGATION (filed May 3, 2024)
   Gun Owners of America submitted a FOIA request to the FBI for records concerning the agency’s monitoring of handgun owners. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gun Owners of America filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. LEOPOLD et al v. U.S. SECURITIES AND EXCHANGE COMMISSION (filed May 3, 2024)
    Journalist Jason Leopold submitted a FOIA request to the SEC’s Office of Inspector General for records concerning final investigations and audits for 2023 and 2024. 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, Adequacy – Search, Litigation – Attorney’s fees
11. International Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services et al (filed May 3, 2024)
    International Refugee Assistance Project submitted FOIA requests to U.S. Citizenship and Immigration Services and the Department of State for records concerning the internal guidelines for recognizing informal marriages for refugees. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, IRAP filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
12. Americans for Prosperity Foundation v. U.S. Department of the Interior (filed Apr 30, 2024)
    Americans for Prosperity Foundation submitted two FOIA requests to the Department of Interior for records concerning communications and calendars for a list of agency officials. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, APF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees