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National Security Counselors v. CIA, Nos. 11-443, 11-444, 11-445, 2012 WL 4903377 (D.D.C. Oct. 17, 2012) (Howell, J.). Holding: Concluding that plaintiff has standing to pursue certain claims under FOIA and the APA; granting CIA's motion to dismiss on certain claims and denying CIA's motion to dismiss for certain claims. The plaintiff sought "database listings sorted by various criteria." The court finds that when responding to a request for "aggregate data," an agency "need not create a new database or reorganize its method of archiving data," but also notes that "searching that database does not involve the creation of a new record." The court continues that "sorting a pre-existing database of information to make information intelligible does not involve the creation of a new record." "[I]t is just another form of searching that is within the scope of an agency's duties in responding to FOIA requests." However, a request for a "listing or index of a database's contents that does not seek the contents of the database, but instead essentially seeks information about those contents, is a request that requires the creation of a new record, insofar as the agency has not previously created and retained such a listing or index." After analyzing the issue, the court concludes that the plaintiff's claim regarding the existence of a policy and practice concerning database listings is insufficient because it is based on a single request which "could just as easily have been an isolated incident."

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