This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, to
compel production of records in response to two FOIA requests to a component of HHS,
the National Institutes of Health (“NIH”) and specifically NIH’s National Institute for
Environmental Health Studies (“NIEHS”).
HHS has improperly denied the requests by failing to provide an initial determination,
produce responsive records or otherwise perform in accordance with its obligations
under FOIA, as applied by this Court in Citizens for Responsibility & Ethics in
Washington v. FEC, 711 F.3d 180 (D.C. Cir. 2013).