Freedom of Information Act (FOIA) suits filed by nonprofit and advocacy organizations seeking access to federal government records have more than doubled since President Trump assumed office. This rapid explosion in FOIA litigation is shown in Figure 1.
Figure 1. Rapid Rise in FOIA Suits Filed Annually by Nonprofit Organizations, October 2001 – July 2018
This sudden burst in FOIA activity is a marked departure from the slower rise that had prevailed during much of the previous two presidential administrations. For example, during the first year of the Bush administration, nonprofit organizations filed 47 cases challenging federal agencies’ FOIA practices. Ten years later the annual number of suits filed by this sector surpassed 100 individual cases. By June 2015, nonprofits annual total topped 150. And in January 2016 nonprofit organizations’ annual FOIA filings topped 200 and peaked in April and May of 2016 at 236 before slackening off. read more…
We have added 99 documents from 13 FOIA cases filed between October 7, 2018 and October 13, 2018. 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.
- NAACP Legal Defense & Educational Fund, Inc. v. U.S. Department Of Justice (filed Oct 12, 2018)
The NAACP Legal Defense and Educational Fund submitted FOIA requests to the Department of Justice for records concerning the agency’s decision to ask for a citizenship question on the 2020 Census form in order to enforce the Voting Rights Act. LDF also requested a fee waiver and expedited processing read more…
We have added 99 documents from 13 FOIA cases filed between October 7, 2018 and October 13, 2018. 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.
- NAACP Legal Defense & Educational Fund, Inc. v. U.S. Department Of Justice (filed Oct 12, 2018)
The NAACP Legal Defense and Educational Fund submitted FOIA requests to the Department of Justice for records concerning the agency’s decision to ask for a citizenship question on the 2020 Census form in order to enforce the Voting Rights Act. LDF also requested a fee waiver and expedited processing read more…
We have added 4 decisions of a procedural or substantive nature filed between October 7, 2018 and October 13, 2018. These are associated with 4 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.
- AK 3:2018cv00028 — James v. United States Department of Defense et al
- October 10, 2018: ORDER granting in part and denying in part [12] Motion for Summary Judgment; granting in part and denying in part [17] Motion for Summary Judgment. Defendant shall provide Plaintiff with the names and current location of those persons whose identifying information was redacted; Defendant is not required to provide any additional documents to Plaintiff. Signed by Judge John W. Sedwick on 10/10/18. (GMM, CHAMBERS STAFF)
We have added 91 documents from 14 FOIA cases filed between September 30, 2018 and October 6, 2018. 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.
- Lawrence P. Kalbers v. U.S. Department of Justice (filed Oct 1, 2018)
Lawrence Kalbers, a professor of accounting ethics at Loyola Marymount University, submitted a FOIA request to the Department of Justice for records concerning the plea agreement in U.S. v. Volkswagen. The agency denied Kalbers’ request, claiming Exemption 7(A) (ongoing investigation or proceeding). Kalbers filed an administrative appeal, but after hearing nothing further from the agency, Kalber filed suit read more…
We have added 8 decisions of a procedural or substantive nature filed between September 30, 2018 and October 6, 2018. 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 1:2012cv00534 — DORSEY v. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS
- October 2, 2018: MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 10/1/18. (ms)
We have added 66 documents from 12 FOIA cases filed between September 23, 2018 and September 29, 2018. 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.
- PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY (filed Sep 25, 2018)
Public Employees for Environmental Responsibility submitted a FOIA request to the EPA for a draft health assessment regarding the possible carcinogenic or other health harms from day-to-day exposure to formaldehyde vapor. The EPA acknowledged receipt of the request and asked PEER to clarify the records it was seeking read more…
We have added 29 decisions of a procedural or substantive nature filed between September 23, 2018 and September 29, 2018. These are associated with 28 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.
- CAS 3:2015cv00447 — Trucept, Inc. v. United States Internal Revenue Service
- September 27, 2018: ORDER Granting Defendant's Motion For Summary Judgment and Denying Plaintiff's Motion For Summary Judgment [38] , [39] Signed by Judge Barry Ted Moskowitz on 9/27/2018. (sjm)
- September 27, 2018: CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of United States Internal Revenue Service against Trucept, Inc. Signed by Judge Barry Ted Moskowitz on 9/27/2018.(sjm) (sjt).
The New York Times Company et al v. Federal Communications Commission and 17 other new FOIA lawsuits
We have added 84 documents from 17 FOIA cases filed between September 16, 2018 and September 22, 2018. 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 et al v. Federal Communications Commission (filed Sep 20, 2018)
New York Times reporters Nicholas Confessore and Gabriel Dance submitted FOIA requests to the Federal Communications Commission for records concerning IP addresses, time stamps, and comments for public comments submitted pertaining to the agency’s rulemaking procedure to repeal the net neutrality rules put in place during the Obama administration to explore allegations that a number of comments were generated by Russian bots read more…
We have added 15 decisions of a procedural or substantive nature filed between September 16, 2018 and September 22, 2018. 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.
- CAN 3:2018cv05621 — Diaz v. San Diego Police Department et al
- September 17, 2018: Order sealing 1 Complaint and 2 Application to Proceed in Forma Pauperis, and ORDER TO SHOW CAUSE why Application to Proceed in Forma Pauperis should not be denied. Response due by October 9, 2018. Signed by Chief Magistrate Judge Joseph C. Spero on September 17, 2018. (jcslc2S, COURT STAFF) (Filed on 9/17/2018) (Additional attachment(s) added on 9/17/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF).
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