Court Decisions

Friends of the River v. U.S. Army Corps of Eng’rs, No. 16-2327, 2025 WL 2267528 (D.D.C. Aug. 8, 2025) (Faruqui, Mag. J.)

Re: Requests for records concerning operation and management of dams on Yuba River and their effect on several fish species protected by Endangered Species Act

Disposition:  Granting in part and denying in part plaintiff’s motion for attorney fees; awarding plaintiff $491,676.60...

Brook v. Holzerland, No. 24-40640, 25-40014, 2025 WL 2254514 (5th Cir. Aug. 7, 2025) (per curiam)

Re: Requests for records concerning requester

Disposition:  Affirming district court’s dismissal of requester’s FOIA claim

• Litigation Considerations, Statute of Limitations:  The Court of Appeals for the Fifth Circuit holds that “FOIA suits are governed by a six-year statute of limitations.”  “For [one...

Korf v. U.S. Dep’t of State, No. 25-20830, 2025 WL 2256143 (S.D. Fla. Aug. 7, 2025) (Elfenbein, Mag. J.)

Re: Request for records concerning plaintiff, as well as nationalization of PrivatBank in Ukraine

Disposition:  Denying defendant’s motion to stay; denying plaintiff’s motion to strike defendant’s reply

• Litigation Considerations, “Open America” Stays of Proceedings:  “Because Defendant has neither...

Driggs v. CIA, No. 23-1124, 2025 WL 2242761 (E.D. Va. Aug. 6, 2025) (Novak, J.)

Re: Request for records concerning Americans allegedly held as prisoners of war (“POWs”) following Korean and Vietnam Wars

Disposition:  Dismissing certain plaintiffs from suit; denying remaining plaintiffs’ motions for summary judgment and in camera inspection; granting defendant’s motion for summary judgment

• Litigation...

Rute v. DOJ, No. 22-168, 2025 WL 2210727 (E.D. Tex. Aug. 4, 2025) (Mazzant, J.)

Re: Request for records concerning certain public integrity investigations

Disposition:  Granting in part and denying in part defendants’ motion for summary judgment; granting in part and denying in part plaintiff’s motion for summary judgment

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  The court...

Power the Future v. White House Council on Env’t Quality, No. 24-1942, 2025 WL 2206947 (D.D.C. Aug. 4, 2025) (Contreras, J.)

Re: Request for certain emails sent to or from or cc’ing Chief of Staff of the Council on Environmental Quality from June 30, 2021 through May 31, 2024

Disposition:  Granting defendant’s motion for summary judgment

• Procedural Requirements, Proper FOIA Requests:  “The Court...

Citizens for Resp. & Ethics in Wash. v. DOJ, No. 24-02416, 2025 WL 2206945 (D.D.C. Aug. 4, 2025) (Ali, J.)

Re: Request for records concerning allegations of prosecutorial misconduct by former Assistant United States Attorney

Disposition:  Denying defendant’s motion for summary judgment, granting plaintiff’s cross-motion for summary judgment

• Exemption 6; Exemption 7(C):  The court holds that “DOJ’s Gl...

Hettena v. CIA, No. 24-5119, 2025 WL 2172528 (D.C. Cir. July 31, 2025) (Garcia, J.)

Re: Request for records concerning CIA Inspector General’s November 2005 report following investigation of death of Iraqi national while in CIA custody

Disposition:  Vacating district court’s grant of government’s motion for summary judgment; remanding case

• Exemption 1:  “[The Court of Appeals for the District of...

Wright v. HHS, No. 22-1378, 2025 WL 2171090 (D.D.C. July 31, 2025) (Contreras, J.)

Re: Request for records concerning COVID-19 vaccine safety studies

Disposition:  Granting defendant’s motion to extend stay; denying plaintiff’s motion

• Litigation Considerations, “Open America” Stays of Proceedings:  “The Court will . . . grant HHS’s motion to extend stay.”  “HHS argues that the FDA is entitled to...

Soto-Elliott v. Nebraska, No. 24-290, 2025 WL 2171851 (D. Neb. July 31, 2025) (Bazis, J.)

Re: Plaintiff’s allegation that defendant “denied her numerous ‘verbal phone and email FOIA requests’”

Disposition:  Dismissing plaintiff’s case

• Procedural Requirements, Entities Subject to the FOIA:  The court holds that “FOIA . . . only applies to federal agencies and, thus, has no application to any of the...