POWER THE FUTURE v. ENVIRONMENTAL PROTECTION AGENCY and 15 other new FOIA lawsuits, plus case descriptions

We have added 139 documents from 16 FOIA cases filed between July 28, 2024 and August 3, 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. POWER THE FUTURE v. ENVIRONMENTAL PROTECTION AGENCY (filed Jul 31, 2024)
   Power the Future submitted a FOIA request to the EPA for records concerning correspondence of a named official over a period of time. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Power the Future filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
2. McMillin v. United States Department of Justice (filed Jul 31, 2024)
   Tom McMillin submitted a FOIA request to the FBI for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, McMillin filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. NATIONAL STUDENT LEGAL DEFENSE NETWORK et al v. UNITED STATES DEPARTMENT OF EDUCATION (filed Jul 29, 2024)
   —National Student Legal Defense Network and Accountable Tech submitted FOIA requests to the Department of Education for records concerning the Facebook or Meta platform. The agency acknowledged receipt of the request. After hearing nothing further from the agency, NSLDN and Auto Tech filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
4. POWER THE FUTURE v. ENVIRONMENTAL PROTECTION AGENCY (filed Jul 29, 2024)
   Power the Future submitted a FOIA request to the EPA for records concerning calendar invitations of a named senior official over a period of time. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Power the Future filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. FELDESMAN LEIFER LLP v. ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF) WITHIN THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Jul 30, 2024)
   The law firm of Feldesman Leifer submitted a FOIA request to the Administration for Children and Families for records concerning the agency’s interpretation of deficiency related to its Head Start programs. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Felesman Leifer filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. SCHIFF v. INTERNAL REVENUE SERVICE (filed Jul 30, 2024)
   Peter Schiff submitted two FOIA requests to the IRS for records concerning proceedings of a media conference. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Schiff filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. VLSI TECHNOLOGY LLC v. UNITED STATES PATENT AND TRADEMARK OFFICE et al (filed Jul 31, 2024)
   VLSI Technology submitted four FOIA requests to U.S. Patent & Trademark Office for records concerning patent litigation under the CHIPS Act. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, VLSI Technology filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. SAGE v. U.S. DEPARTMENT OF DEFENSE (filed Jul 31, 2024)
   Christopher Sage submitted nine FOIA requests to the Department of the Air Force for records. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sage 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 Jul 31, 2024)
   Center to Advance Security in America submitted a FOIA request to the Department of Homeland Security for records concerning the agency’s development of its Security Action Equity plan, with a list of officials and outside parties listed as keywords. 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 DEFENSE (filed Aug 1, 2024)
    Center to Advance Security in America submitted a FOIA request to the Department of Defense for records concerning a proclamation establishing Easter Sunday 2024 as Transgender Day of Visibility 2024. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CASA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. POWER THE FUTURE v. ENVIRONMENTAL PROTECTION AGENCY (filed Aug 2, 2024)
    Power the Future submitted a FOIA request to the EPA for records concerning emails for a named official that included EOP email domains as well over a period of time. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Power the Future filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. COMMUNITY ONCOLOGY ALLIANCE, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et.al. (filed Aug 2, 2024)
    Community Oncology Alliance submitted two FOIA requests to the Department of Health and Human Services for records. After hearing nothing further from the agency, Community Oncology Alliance filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. The State of Missouri ex rel Bailey v. United States Department of Homeland Security (filed Jul 30, 2024)
    The State of Missouri submitted FOIA requests to the Department of Homeland Security for records concerning allegations that the Biden administration was flying non-citizens from Arizona, California, New Mexico, and Texas to interior states such as Missouri. The agency acknowledged receipt of the request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Missouri filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Edward Jordan Holdings, LLC v. United States Forest Service (filed Jul 30, 2024)
    Edward Jordan Holdings submitted a FOIA request to U.S. Forest Service for records concerning a Special Use Permit for outfitting and guiding issued to Canyon Adventures. The agency acknowledged receipt of the request. The agency redacted the permit under Exemption 4 (commercial and confidential). EJH filed an administrative appeal. After hearing nothing further from the agency, EJH filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. American Civil Liberties Union et al v. Department of Justice et al (filed Jul 29, 2024)
    The ACLU submitted FOIA requests to the Department of Justice and the Department of Homeland Security for records concerning the use of Joint Terror Task Forces and fusion centers to collect information on individuals or organizations engaged in protest. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the ACLU filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
16. Refugee and Immigrant Center for Education and Legal Services v. United States Immigration & Customs Enforcement (filed Aug 2, 2024)
    Refugee and Immigrant Center for Educational and Legal Services submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning Nylssa Krystella Portello Moreno. The agency acknowledged receipt of the request but after hearing nothing further from the agency, RAICES filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing, Adequacy – Search, Litigation – Attorney’s fees