PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL PARK SERVICE and 15 other new FOIA lawsuits

We have added 127 documents from 16 FOIA cases filed between March 24, 2024 and March 30, 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. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. NATIONAL PARK SERVICE (filed Mar 25, 2024)
   Public Employees for Environmental Responsibility submitted two FOIA requests to the National Park Service for records concerning the agency’s decision that there was no significant impact as the result of gathering or killing eagles in the Valles Caldera National Preserve in New Mexico. PEER also requested a fee waiver. The agency acknowledged receipt of the requests. The agency granted PEER’s requests for a fee waiver. After hearing nothing further from the agency, PEER filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF STATE (filed Mar 25, 2024)
   Center to Advance Security in America submitted two FOIA requests to the Department of State for records related to the Department’s Office of Palestinian Affairs. CASA also requested a fee waiver. 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
3. SLAUGHTER v. UNITED STATES DEPARTMENT OF THE AIR FORCE (filed Mar 26, 2024)
   Dustin Slaughter, a freelance journalist, submitted a FOIA request to the Department of Air Force for records concerning National Air and Space Intelligence Center pertaining to unidentified flying objects. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Slaughter filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF LAND MANAGEMENT (filed Mar 26, 2024)
   —Public Employees for Environmental Responsibility submitted a FOIA request to the Bureau of Land Management for records concerning the agency’s recreational shooting ranges. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF LAND MANAGEMENT (filed Mar 26, 2024)
   Public Employees for Environmental Responsibility submitted a FOIA request to the Bureau of Land Management for records concerning BLM State Director meetings. The agency acknowledged receipt of the request. After hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. NATIONAL SECURITY AGENCY (filed Mar 26, 2024)
   Project on Government Oversight submitted a FOIA request to the National Security Agency for records concerning two NSA Inspector General evaluations completed between April 2021 and September 2021 that were referenced in an NSA OIG semiannual report. The agency acknowledged receipt of the request but after hearing nothing further from the agency, POGO filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Litigation – Attorney’s fees
7. SINGH v. U.S. CUSTOMS AND BORDER PROTECTION (filed Mar 27, 2024)
   Krishna Singh submitted a FOIA request to U.S. Customs and Border Protection for records concerning himself, including why he was denied entry to the U.S. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Singh filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Mar 27, 2024)
   The Office of Public Defender, Middle District of Tennessee submitted two FOIA requests to the Department of Justice for records concerning to assist the office to represent Ricky Allen Fackrell, a federal death row inmate, in his pending motion for habeas corpus. The agency acknowledged receipt of the requests and redacted records under Exemption 6 (invasion of privacy) and Exemption 7 (C) (invasion of privacy concerning law enforcement records). OPD filed an administrative appeal for both requests. The agency upheld the denials and OPD filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. INFORMED CONSENT ACTION NETWORK v. HEALTH RESOURCES AND SERVICES ADMINISTRATION et al (filed Mar 27, 2024)
   Informed Consent Action Network submitted a FOIA request to Health Resources and Services Administration for records demonstrating how requests for benefits submitted to Countermeasures Injury Compensation Program for COVID-19 vaccination are determined. The agency acknowledged receipt of the request. The agency responded by sending responsive links. ICAN filed an administrative appeal. 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
10. DOE v. CENTRAL INTELLIGENCE AGENCY (filed Mar 28, 2024)
    John Doe, an employee of the CIA, submitted a FOIA request to the CIA for records concerning the investigation of his whistleblower complaints. After hearing nothing further from the agency, Doe filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
11. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Mar 28, 2024)
    Protect the Public’s Trust submitted four FOIA requests to FDA for records concerning the agency’s proposed ban of menthol cigarettes. 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 – Vaughn index, Litigation – Attorney’s fees
12. GOVERNMENT ACCOUNTABILITY & OVERSIGHT v. ENVIRONMENTAL PROTECTION AGENCY (filed Mar 29, 2024)
    Government Accountability & Oversight submitted a FOIA request to the EPA for records concerning correspondence sent to or from three named custodians that came from specified domains and contained specified keywords. 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
13. FUNCTIONAL GOVERNMENT INITIATIVE v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (filed Mar 29, 2024)
    Functional Government Initiative submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning correspondence from a list of employees, to or from specified domains, containing specified keywords. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
14. Gyamfi v. United States Defense Counterintelligence and Security Agency (filed Mar 29, 2024)
    Oheneba Gyamfi, a federal contractor and software engineer, submitted a FOIA request to the Department of Defense for records concerning his SF86 and recent background check. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gyamfi filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Recovery of Costs
15. The Legal Aid Society v. United States Immigration and Customs Enforcement (filed Mar 28, 2024)
    The Legal Aid Society submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning communications from the ICE New York City Field Office Director pertaining to transfers policies. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Legal Aid Society filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
16. Lindstrom v. Nevada State Militia (filed Mar 29, 2024)
    Andrew Lindstrom submitted a FOIA request to the National Guard Bureau for his records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lindstrom filed suit.
    Issues: Failure to respond within statutory time limit