FOIA

Defending Our Right to Know

U.S. Right to Know investigates the food and agrichemical industries, and the impacts their products and practices have on human health and the environment. In our research, we gather court documents, study regulatory filings and make frequent Freedom of Information requests to state, federal and international institutions, including regulatory bodies and universities. The documents we have obtained from taxpayer-funded institutions have generated worldwide media coverage and exposed numerous secret industry strategies, payments and collaborations that undermine scientific, academic, political and regulatory institutions. Many of our documents are now posted in the UCSF Chemical and Food Industry libraries.

Litigating for Our Right to Know

When agencies and institutions fail to comply with open records laws, we seek legal remedies to compel release of documents and data. See USRTK’s litigation documents.

U.S. Food and Drug Administration: On Feb. 4, 2021, USRTK filed a lawsuit against the U.S. Food and Drug Administration (FDA) for violating provisions of FOIA.  The lawsuit, filed in U.S. District Court for the Northern District of California, seeks documents and correspondence with or about China’s Wuhan Institute of Virology, the Wuhan Center for Disease Control and Prevention, and the EcoHealth Alliance, which partnered with and funded the Wuhan Institute of Virology, among other subjects.

– U.S. Right to Know v. U.S. Food and Drug Administration (February 4, 2021)
– U.S. Right to Know v. U.S. Department of Education (December 2020)
– U.S. Right to Know v. U.S. Department of State (November 2020)
– U.S. Right to Know v. National Institutes of Health (November 2020)
– U.S. Right to Know v. United States Department of State (July 2019)
– U.S. Right to Know v. University of Vermont and State Agricultural College (April 2019)
– CrossFit & U.S. Right to Know v. Department of Health and Human Services (October 2018)
– U.S. Right to Know v. EPA: glyphosate residue testing (May 2018)
– U.S. Right to Know v. Department of Health and Human Services (February 2018)
– U.S. Right to Know v. University of Florida Board of Trustee (July 2017)
– U.S. Right to Know v. EPA: review of glyphosate (March 2017)
– Gary Ruskin v. The Regents of the University of California (August 2016)

Protecting Open Government Laws

The rights of citizens, researchers and journalists to access public records through state and federal freedom of information laws are in jeopardy. Most recently, the California Assembly took up a bill that would have limited the public’s right to obtain records held by academic institutions. USRTK worked with open government groups and journalistic organizations to successfully oppose the legislation. See our posts, Don’t weaken the California Public Records Act (May 2019); State public record laws help uncover wrongdoing at public universities (April 2019).

News releases about our Freedom of Information litigation

• U.S. Right to Know FOI Litigation on Biohazards Investigation (article) (12.15.20)
• U.S. Right to Know Sues State Department for Documents about Origins of SARS-CoV-2 (11.30.20)
• U.S. Right to Know Sues NIH for Documents about Origins of SARS-CoV-2 (11.5.2020)
• U.S. Right to Know Sues EPA for Glyphosate Residue Documents (5.22.2018)
• U.S. Right to Know Sues CDC for Documents about its Ties to Coca-Cola (2.21.18)
• University of Florida Sued for Failure to Release Public Records on Agrichemical Industry (7.11.17)
• U.S. Right to Know Sues EPA for Release of Glyphosate Documents; Public Citizen Litigation Group is representing U.S. Right to Know in the action. (3.9.2017)
• UC Davis Sued for Failing to Release Public Records on GMOs and Pesticides (8.18.2016)

News coverage about our FOI litigation

• BMJ: US public health agency is sued over failure to release emails from Coca-Cola, by Martha Rosenberg (2.28.18)
• Freedom of the Press Foundation: How corporations suppress disclosure of public records about themselves, by Camille Fassett (2.27.18)
• Alternet: Is Something Fishy Going on Between the University of Florida and the Agrichemical Industry? Consumers Have a Right to Know, by Daniel Ross (2.13.18)
• Sacramento Bee: Watchdog Group Sues to Force UC Davis to Turn Over Public Records, by Diana Lambert (8.19.2016)
• Davis Enterprise: Watchdog Group Sues UCD Over Public Records Request, by Tania Perez (8.21.2016)
• Sacramento News & Review: Watchdog Group Alleges that Five UCD Professors Were Paid to Shill for GMOs by Alastair Bland (9.22.16)
• Politico: UC Davis Sued as Part of Industry Influence Probe, by Jason Huffman (8.19.2016) 

USRTK v. U.S. Food and Drug Administration

On Feb. 4, 2021, USRTK filed a lawsuit against the U.S. Food and Drug Administration (FDA) for violating provisions of FOIA.  The lawsuit, filed in U.S. District Court for the Northern District of California, seeks documents and correspondence with or about China’s Wuhan Institute of Virology, the Wuhan Center for Disease Control and Prevention, and the EcoHealth Alliance, which partnered with and funded the Wuhan Institute of Virology, among other subjects.

• Complaint (2.4.21)

USRTK v. U.S. Department of Education

U.S. Right to Know is suing the U.S. Department of Education for violating provisions of FOIA. The lawsuit, filed in U.S. District Court for the Northern District of California, seeks documents that the Education Department requested from the University of Texas’ Medical Branch at Galveston about its funding agreements and scientific and/or research cooperation with China’s Wuhan Institute of Virology.

• Complaint (12.17.20)
• Article: USRTK’s FOI litigation on biohazards investigation

USRTK v. U.S. Department of State

U.S. Right to Know is suing the U.S. State Department for violating provisions of the Freedom of Information Act (FOIA). This is the second FOIA lawsuit filed by USRTK as part of its efforts to uncover what is known about the origins of novel coronavirus SARS-CoV-2; the risks of biosafety labs; and gain-of-function research, which seeks to augment the infectivity or lethality of potential pandemic pathogens.

• Complaint (11.30.20)
• News release

USRTK v. National Institutes of Health

U.S. Right to Know is suing the National Institutes of Health (NIH) for violating provisions of the Freedom of Information Act. The lawsuit, filed in U.S. District Court in Washington, D.C., seeks correspondence with or about organizations such as the Wuhan Institute of Virology and the Wuhan Center for Disease Control and Prevention, as well as the EcoHealth Alliance, which partnered with and funded the Wuhan Institute of Virology.

• Complaint (11.5.2020)
• News release

USRTK v. United States Department of State

U.S. Right to Know is suing the U.S. State Department for failing to release communications with its employees in Europe regarding glyphosate. Public Citizen Litigation Group is representing us.

• Complaint (7.8.19)
• Public Citizen Litigation Group page

USRTK v. University of Vermont and State Agricultural College

U.S. Right to Know is suing the University of Vermont for refusing to release public documents related to a member of its faculty who has longstanding ties to the International Life Sciences Institute, a group funded by the food and agrichemical industries.

• Complaint (4.8.19)

CrossFit & USRTK v. Department of Health and Human Services

CrossFit and U.S. Right to Know are suing the Department of Health and Human Services (HHS) seeking records about why the Foundation for the National Centers for Disease Control and Prevention (CDC Foundation) and the Foundation for the National Institutes of Health (NIH Foundation) have not disclosed donor information as required by law.

• Complaint (10.4.18)

USRTK v. EPA (glyphosate residue testing)

Public Citizen Litigation Group on behalf of U.S. Right to Know is suing the U.S. Environmental Protection Agency for the release of documents related to the EPA’s interactions with the Food and Drug Administration (FDA) regarding testing food samples for residues of glyphosate.

• Public Citizen Litigation Page
• Complaint (5.22.2018)
• Press release

USRTK v. Department of Health and Human Services

• News release (2.21.18)
• Complaint (2.21.18)

USRTK v. University of Florida Board of Trustees

U.S. Right to Know is seeking to obtain key documents about the agrichemical industry and its ties with the University of Florida.

• Judge’s order denying mandamus relief, dismissing case (3.2.18)
• USRTK memorandum of law (2.26.18)
• University of Florida’s bench brief (2.22.18)
• Judge’s order denying Drew Kershen (board member of the Genetic Literacy Project) motion for summary judgment (1.19.18)
• Drew Kershen (board member of the Genetic Literacy Project) first request for production to US Right to Know (1.17.18)
• Drew Kershen first set of interrogatories to US Right to Know (1.17.18)
• Plaintiff’s opposition to motion for summary judgment by Drew Kershen (board member of Genetic Literacy Project) (1.16.17)
• Order scheduling non-jury trial for Feb. 28, 2018. (12.15.17)
• Plaintiff’s first request for production of documents (12.14.17)
• Motion for summary judgement by Drew Kershen (board member of Genetic Literacy Project) (12.12.17)
• Judge’s order setting status conference (11.17.17)
• University of Florida response to supplemental complaint for write of mandamus (11.13.17)
• Drew Kershen’s response to supplemental complaint for writ of mandamus (11.13.17)
• Judge’s order granting motion for leave to file supplemental complaint (10.16.17)
• Plaintiff’s unopposed motion for leave to file supplemental complaint (10.11.17)
• Letter to University of Florida Interim Vice President and General Counsel Amy M. Hass (9.15.17)
• Drew Kershen’s response to USRTK petition for writ of mandamus (8.28.17)
• Judge’s order granting Drew Kershen’s motion to intervene as party defendant (8.18.17)
• USRTK reply in support of complaint for writ of mandamus (8.14.17)
• Drew Kershen’s motion to intervene as party defendant, individually and as a participant in AgBioChatter (8.2.17)
• University of Florida’s response to plaintiff’s complaint for writ of mandamus and order to show cause (8.2.17)
• Judge’s order to University of Florida Board of Trustees to show cause why complaint for writ of mandamus should not be granted (7.13.17)
• Complaint for writ of mandamus (7.11.17)
• News release (7.11.17)

USRTK v. EPA (review of glyphosate)

Public Citizen Litigation Group on behalf of U.S. Right to Know is suing the U.S. Environmental Protection Agency for the release of documents related to EPA’s assessment of glyphosate.

• Judge’s Order Awarding Fees to US Right to Know (1.22.18)
• Public Citizen Litigation Page
• Complaint (3.9.2017)
• News release

Gary Ruskin v. The Regents of the University of California

U.S. Right to Know is suing UC Davis for failing to release public records about GMOs and pesticides.

• Special interrogatories (10.17.17)
• Request for production of documents (10.17.17)
• UC Davis response (12.1.16)
• Plaintiff’s letter to UC Davis (11.14.16)
• UC Davis response (10.17.16)
• Plaintiff’s letter to UC Davis (10.6.16)
• Plaintiff’s letter to UC Davis (9.23.16)
• UC Davis response (9.16.16)
• USRTK Complaint (8.17.16)
• News release (8.18.16)