Streater v. U.S. Department of Transportation and 15 other new FOIA lawsuits, plus case descriptions

We have added 130 documents from 16 FOIA cases filed between May 26, 2024 and June 1, 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. Streater v. U.S. Department of Transportation (filed May 31, 2024)
   Paul Streater, an attorney, submitted a FOIA request to the Department of Transportation for records concerning an automobile crash in Florida involving Streater’s client in which the National Traffic Safety Administration interviewed representatives of General Motors. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Streater filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. Center for Biological Diversity v. United States Air Force (filed May 31, 2024)
   Center for Biological Diversity submitted a FOIA request to the Department of the Air Force for records concerning the use of Luke Air Force Base for training missions that flew over Native Lands. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CBD fled suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Segregability, Litigation – Attorney’s fees
3. DEFENSE OF FREEDOM INSTITUTE FOR POLICY STUDIES, INC. v. DEPARTMENT OF EDUCATION (filed May 28, 2024)
   Defense of Freedom Institute submitted a FOIA request to the Department of Education for records concerning communications with teachers’ unions regarding the CSP proposed rulemaking announced on March 4, 2022. The agency acknowledged receipt of the request. After hearing nothing further from the agency, DFI filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed May 28, 2024)
   Judicial Watch submitted a FOIA request to the FBI for records concerning O.J. Simpson. The agency acknowledged receipt of the request but after hearing nothing further from the FBI, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF STATE (filed May 30, 2024)
   Heritage Foundation submitted a FOIA request to the Department of State for records concerning declassified cables from the U.S. Embassies in Cuba, Haiti, and Venezuela containing the word parole. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed May 31, 2024)
   Protect the Public’s Trust submitted two FOIA requests to the Department of Health and Human Services for records concerning a meeting between the Surgeon General and the Department of Education on various topics. 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
7. SANOFI-AVENTIS U.S. LLC v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed May 31, 2024)
   Sanofi-Aventis submitted a FOIA request to Health Resources and Services Administration for records concerning whether contract pharmacies act as agents of covered entities. The agency acknowledged receipt of the request. The agency withheld 43 pages under Exemption 4 (commercial and confidential). Sanofi-Aventis filed an administrative appeal. After hearing nothing further from the agency, Sanofi-Aventis filed suit.
   Issues: Failure to respond within statutory time limit, Segregability, Litigation – Vaughn index, Litigation – Attorney’s fees
8. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. AIR FORCE (filed May 31, 2024)
   Center to Advance Security in America submitted a FOIA request to U.S. Air Force for records concerning meetings to implement the Transgender Health medical evaluation unit. The agency acknowledged receipt of the request. After hearing nothing from the agency, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed May 31, 2024)
   Center to Advance Security in America submitted a FOIA request to the Department of Homeland Security for records concerning the security screening for Nejwa Ali. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CASA filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed May 31, 2024)
    Center to Advance Security in America submitted three FOIA requests to the Department of Homeland Security for records concerning calendar entries for Clair Trickler McNulty. The agency acknowledged receipt of the requests. After hearing nothing from the agency, CASA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed May 31, 2024)
    Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning the Foreign Agent Registration for John Buretta. Heritage Foundation requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed May 31, 2024)
    Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning the fingerprinting or fingerprint analysis of the classified documents that are subject to the Hur report. The Heritage Foundation also requested expediting processing and a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed May 31, 2024)
    Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning the fingerprinting or fingerprint analysis of the classified documents that are subject to the Hur report. The Heritage Foundation also requested expediting processing and a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Heritage Foundation filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. Targeted Justice, Inc. v Office of the Attorney General (filed May 30, 2024)
    Targeted Justice submitted a FOIA request to the Department of Justice for records concerning waivers to the reasonable suspicion criteria requirement to place an individual on the Terrorist Screening Database. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Targeted Justice filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
15. Targeted Justice, Inc. v Office of the Inspector General (filed May 30, 2024)
    Targeted Justice submitted a FOIA request to the Office of the Inspector General at the Department of Justice for records concerning audit reports of the Terrorist Screening Center. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Targeted Justice filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
16. Burt v. United States Department of Homeland Security, et al. (filed May 30, 2024)
    Gordon Burt submitted a FOIA request to the Department of Homeland Security for records concerning information and statistics related to the National Vetting Center and the processing of Iranian nonimmigrant visa cases. The agency acknowledged receipt of the request. The agency told Burt that his request was transferred to U.S. Customs and Border Protection for response. After hearing nothing further from the agency, Burt filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees