WP COMPANY LLC v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION and 14 other new FOIA lawsuits

We have added 121 documents from 15 FOIA cases filed between May 5, 2024 and May 11, 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. WP COMPANY LLC v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (filed May 9, 2024)
   The Washington Post submitted a FOIA request to the National Highway Safety Administration for records concerning Level 2 Assisted Driving incident reports. The agency acknowledged receipt of the request. After hearing nothing further from the agency, WP Company filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Levin v. U.S. Internal Revenue Service (filed May 8, 2024)
   Michelle Levin, an attorney representing clients with disputes before the IRS, submitted a FOIA request to the IRS for records concerning employee retention credits created under the CARES Act. The agency acknowledged receipt of the request and classified Levin as a commercial requester. After hearing nothing further from the agency, Levin filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. Civil Rights Education and Enforcement Center, Al Otro Lado et al v. U.S. Customs and Border Protection (filed May 8, 2024)
   Civil Rights Education and Enforcement Center and Al Otro Lado submitted a FOIA request to U.S. Customs and Border Protection for records concerning agency directives and policies interpreting or implementing Section 508 of the Rehabilitation Act. The plaintiffs also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREEC and Al Otro Lado filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. CENTER FOR IMMIGRATION STUDIES v. U.S. CUSTOMS AND BORDER PROTECTION (filed May 6, 2024)
   Center for Immigration Studies submitted a FOIA request to U.S. Customs and Border Protection for records concerning the “other” designation for countries involved in nationwide encounters on the agency’s National Encounters Page on its website. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CIS filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. ARMY (filed May 6, 2024)
   Center for Advance Security in America to the Army for records concerning communications pertaining to the development of removal of leg tucks from the ACFT with a list of specific individuals whose records should be searched. The agency acknowledged receipt of the request but after hearing nothing further from the Army, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed May 6, 2024)
   Center for Advance Security in America submitted two FOIA requests to the Department of Homeland Security for records concerning communications pertaining to the development, implementation and use of CBP One Mobile Application, with a list of individuals and organizations to search. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. CHELMOWSKI v. UNITED STATES ENVIRONMENT PROTECTION AGENCY (filed May 8, 2024)
   James Chelmowski continues to litigate his claimed mistreatment by the EPA in response to his FOIA request.
   Issues: Failure to respond within statutory time limit
8. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY (filed May 8, 2024)
   Governmental Accountability and Oversight submitted a FOIA request to the Council on Environmental Quality for records concerning correspondence of three named officials containing keywords relevant to certain major rules issued by the EPA. 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. INFORMED CONSENT ACTION NETWORK v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 8, 2024)
   Informed Consent Action Network submitted a FOIA request to the Department of Health and Human Services for records concerning communications from Xavier Becerra that contain specific named terms. 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, Adequacy – Search, Litigation – Attorney’s fees
10. AMERICANS FOR PROSPERITY FOUNDATION v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed May 9, 2024)
    Americans for Prosperity Foundation submitted FOIA request to the Department of Homeland Security and the Department of Treasury. The request to DHS was for records concerning emails sent to specific named officials at DHS. The agency acknowledged receipt of the request. The request to Treasury asked for communications that included specific key words. The agency acknowledged receipt of that request. After hearing nothing further from the agency, APF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. CAHILL v. U.S. DEPARTMENT OF COMMERCE (filed May 8, 2024)
    Bret Cahill submitted a FOIA request to the Department of Commerce for records concerning the audio recording from his litigation against the Patent and Trademark Office. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cahill filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 9, 2024)
    Judicial Watch submitted a FOIA request to the Department of Health and Human Services for communications of the Assistant Secretary for Preparedness and Response for preparing for the Covid-19 pandemic. 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
13. HERITAGE FOUNDATION et al v. SMALL BUSINESS ADMINISTRATION (filed May 10, 2024)
    Heritage Foundation submitted a FOIA request to the Small Business Administration for records concerning memos of understanding entered into by the Michigan Department of State with the SBA. Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency the Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. PROTECT THE PUBLIC'S TRUST v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed May 10, 2024)
    Protect the Public Trust submitted two FOIA requests to the EPA for records concerning communications within the agency about former EPA employee David Batson’s concerning PPT’s complaint about Batson’s potential ethics problems. The agency acknowledged receipt of the requests. The EPA asked for clarification which PPT provided. After hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. HOANG v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed May 10, 2024)
    True Thi Lam Hoang submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning the agency’s policies and adjudication trends of Vietnamese Form I-526 petitions utilizing lawful money exchangers. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Hoang filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees