During the month of January 2020 federal district courts saw a total of 63 new Freedom of Information Act (FOIA) lawsuits filed under 5 U.S.C. 552. To place this number in perspective, 63 new filings compares with a monthly average of 73 filings during the last 12 months. This month’s total brought overall FOIA filings on an annual basis for these last 12 months to 877.
The figure below provides a more detailed view of monthly trends during the past five years. The height of each bar reflects the number of filings in that month. To see the actual filing count mouse over any bar. The superimposed line over the bars is the moving 12-month average. It is computed by adding up the 12 months ending at a given month, and then dividing that total by 12 to obtain the monthly average over this period. Mousing over any bar also shows the calculated result for this moving average for that given month.
read more…
We have added 89 documents from 12 FOIA cases filed between February 2, 2020 and February 8, 2020. 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.
- Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency (filed Feb 3, 2020)
The Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning the content of speeches given by former EPA Administrator Scott Pruitt to groups outside the federal government, including the prepared text of speeches as well as notes taken during his remarks. NRDC also requested a fee waiver read more…
We have added 16 decisions of a procedural or substantive nature filed between February 2, 2020 and February 8, 2020. These are associated with 14 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.
Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.
- CAC 2:2018cv08917 — ACLU of Southern California v. United States Department of Homeland Security
- February 4, 2020: ORDER DISMISSING CASE WITH PREJUDICE by Judge John A. Kronstadt. The Stipulation to Dismiss Case [27] is approved and so ordered. Accordingly, all dates and deadlines are vacated. Case Terminated. Made JS-6. (cw)
We have added 108 documents from 18 FOIA cases filed between January 26, 2020 and February 1, 2020. 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.
- The New York Times Company v. Federal Bureau of Prisons (filed Jan 30, 2020)
The New York Times Company submitted two FOIA requests to the Bureau of Prisons for records concerning the housing of Jeffrey Epstein, including video recordings of his suicide and first suicide attempt. Its two FOIA requests were consolidated and denied on the basis of Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(E) (investigative methods or techniques), and Exemption 7(F) (harm to any person) read more…
We have added 12 decisions of a procedural or substantive nature filed between January 26, 2020 and February 1, 2020. These are associated with 12 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.
Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.
- CAC 2:2019cv09081 — Danny Fabricant v. Department of Justice
- January 27, 2020: MINUTES OF IN CHAMBERS – ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 2/14/2020 why this action should not be dismissed for la ck of prosecution. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed if a written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Not Reported. (gk)
SHANE v. U.S. DEPARTMENT OF HOMELAND SECURITY and 9 other new FOIA lawsuits, plus case descriptions
We have added 45 documents from 7 FOIA cases filed between January 19, 2020 and January 25, 2020. 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.
- SHANE v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jan 22, 2020)
Peter Shane, a law professor at Ohio State University, submitted a request to the Department of Homeland Security for records concerning memoranda pertaining to how the Secretary of Homeland Security exercises their authority to designate other officers of the agency to serve as Acting Secretary. Shane also requested a fee waiver read more…
We have added 9 decisions of a procedural or substantive nature filed between January 19, 2020 and January 25, 2020. These are associated with 8 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.
Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.
- DC 1:2017cv01796 — SMITH v. MNUCHIN et al
- January 23, 2020: MEMORANDUM AND OPINION re 19 Defendants' motion for summary judgment and 23 Plaintiff's cross-motion for summary judgment. Signed by Judge Tanya S. Chutkan on 1/23/2020. (lcsd)
- January 23, 2020: MEMORANDUM AND OPINION re [26] Plaintiff's Memorandum re [25] Order on Motion for Summary Judgment, which the court treats as a motion for disqualification. Signed by Judge Tanya S. Chutkan on 1/23/2020. (lcsd)
We have added 92 documents from 15 FOIA cases filed between January 12, 2020 and January 18, 2020. 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.
- NBCUniversal Media, LLC et al v. U.S. Department of Homeland Security Immigration and Customs Enforcement (filed Jan 13, 2020)
NBC reporter Hannah Rappleye submitted two FOIA requests to the Department of Homeland Security for records concerning detainees who died in the custody of U.S. Immigration and Customs Enforcement during 2018 and 2019. In response to her 2018 request, ICE told Rappleye that a list of detainees who died in ICE custody was available on the agency’s website read more…
We have added 16 decisions of a procedural or substantive nature filed between January 12, 2020 and January 18, 2020. These are associated with 15 FOIA cases pending in federal district court. Note that because there can be delays between the date a decision is made and when it shows up on PACER, this listing includes only decisions that appeared on PACER during this period.
Click on the date to view the full text of the decision. Click on a case title below to view other details for that case, including links to the docket report and complaint.
- CAE 2:2019cv00340 — CA Planned Parenthood Education Fund v. U.S. Dept of HHS
- January 13, 2020: RELATED CASE ORDER signed by District Judge Troy L. Nunley on 01/08/20 RELATING cases 2:19-cv-0340 TLN CKD and 2:19-cv-1848 KJM KJN. (Benson, A.)
There has been a dramatic rise in pending FOIA cases. At the end of FY 2016, the number of pending FOIA lawsuits totaled 702, but by the end of FY 2019, that number more than doubled to 1,448. See Figure 1. In addition, cases that have been pending for two or more years are nearly two-and-a-half times greater, rising from 138 at the end of FY 2016 to 330 at the end of FY 2019.
Figure 1. Pending FOIA Lawsuits Climb As Cases Take Longer to Resolve
(Click for larger image)
As Figure 1 makes clear, the pending caseload has continued to balloon because closures have lagged far behind new filings. In addition, although the number of FOIA lawsuits has increased since President Trump assumed office, new filings plateaued this past year. Levels in FY 2019 were about the same as in FY 2018: ten fewer suits were filed (849 vs 859) in FY 2019, while the number of agencies sued increased slightly by twelve (1144 vs 1132) over levels in FY 2018. Yet the total pending caseload has continued to rise. See Table 1.
Recent Tweets
7 days 
30 days 
over 30 days
