Cause of Action Institute is a right-leaning government watchdog and public interest litigation group. The institute regularly has sued for public records under the federal Freedom of Information Act (FOIA) and to block federal regulations. Among the agencies it has sued are the U.S. Justice Department and State Department, the Environmental Protection Agency, and the Federal Trade Commission. ^{1 2}

Background

Cause of Action Institute is a conservative-leaning government watchdog group that uses the Freedom of Information Act, litigation, and other legal measures to promote government accountability, transparency, and federal spending oversight, and to expose government overreach, regulatory abuse, and cronyism. ³

The institute’s three principles are that “Americans have the right to know about how Washington spends their money”; “Americans deserve an efficient, effective federal government that works for them, not the politically powerful”; and “Americans have an interest in living free and prosperous lives without the interference of arbitrary and abusive executive power.” ⁴ It contends that the executive branch’s discretionary power in spending tax dollars and in regulations should be limited. ⁵

The organization was founded in 2011 as the Freedom Through Justice Foundation. ⁶

Activities

Cause of Action Institute represents litigants suing for access to government documents, in corruption cases, whistleblower cases, or to challenge regulations that the institute believes overreach executive branch powers. The organization contends that ensuring an accountable and transparent government will protect liberty and opportunity. ⁷

In 2021, the institute lost a lawsuit against the U.S. Office of Management and Budget to obtain the Internet browsing histories of federal government employees. ⁸

In 2020, the institute represented another transparency watchdog group, OpenTheBooks.com, in a lawsuit to force the state of California to release a line-by-line list of payments to vendors, as 49 other states make publicly available. ⁹

The institute has sued the Environmental Protection Agency for public records on software that can collect messages on the encrypted messaging app Signal. It has also sued the State Department and the National Archives and Records Administration over the retention and disclosure of emails sent to and from a private server maintained by former Secretary of State Hillary Clinton (D). ¹⁰

Further, the organization has brought transparency-focused lawsuits against the Federal Trade Commission and the Department of Justice, ^{11 12} and sued the National Marine Fisheries Service to block environmental regulations. ¹³

Leadership

James Valvo is the executive director of Cause of Action Institute. He has worked with the institute since 2013. Valvo was a member of the 2016-18 FOIA Advisory Committee at the National Archives. He previously was the director of policy for Americans for Prosperity and Americans for Prosperity Foundation. Valvo graduated from American University’s Washington College of Law. ¹⁴

Lee A. Steven is the assistant vice president of Cause of Action Institute. Previously, Steven practiced law with the international arbitration group of White & Case LLP in Washington, D.C. He graduated from the University of Virginia School of Law. ¹⁵

Kevin Schmidt is director of investigations at Cause of Action Institute. He is a co-founder and contributor to FOIA Advisor, a forum that helps the public learn more about the federal Freedom of Information Act. He joined Cause of Action in 2012 and was previously the director of research for the public relations firm CounterPoint Strategies. ¹⁶

Cynthia Fleming Crawford is the senior counsel for the Cause of Action Institute. She previously practiced law in business litigation and is a graduate of the Georgetown University Law Center. ¹⁷

Mike Pepson is a special counsel at Cause of Action Institute. He has been involved in civil and criminal litigation. He graduated from Columbia Law School. ¹⁸

1. Cardi, Julia. “Cause of Action Institute Joins Colorado TABOR Case as Legal Counsel.” Colorado Law Week. July 23, 2018. Accessed October 29, 2021. https://www.lawweekcolorado.com/article/cause-of-action-institute-joins-colorado-tabor-case-as-legal-counsel/
2. Malo, Sebastien. “Fishermen lose challenge to rule requiring at-sea monitors.” Reuters. June 15, 2021. Accessed October 29, 2021. https://www.reuters.com/legal/litigation/fishermen-lose-challenge-rule-requiring-at-sea-monitors-2021-06-16/
3.  “Cause of Action Institute.” Cause IQ. Accessed October 29, 2021. https://www.causeiq.com/organizations/cause-of-action,452805977/
4. “What We Are About.” Cause of Action Institute. Accessed October 29, 2021. https://causeofaction.org/about/
5. “Cause of Action Institute.” LinkedIn. Accessed October 29, 2021. https://www.linkedin.com/company/cause-of-action/about/
6. “Cause of Action Institute.” Alter. Accessed October 29, 2021. https://alter.com/trademarks/cause-of-action-85478133
7. “What We Are About.” Cause of Action Institute. Accessed October 29, 2021. https://causeofaction.org/about/
8. Adler, Jonathan. “Government Officials’ Internet Browsing Histories Are Not Agency Records under FOIA.” Reason. August 21, 2021. Accessed October 29, 2021. https://reason.com/volokh/2021/08/21/government-officials-internet-browsing-histories-are-not-agency-records-under-foia/
9. Andrzejewski, Adam. “How California’s Lack Of Transparency Could Flip The U.S. Senate.” Forbes. August 31, 2021. Accessed October 29, 2021. https://www.forbes.com/sites/adamandrzejewski/2021/08/31/how-californias-lack-of-transparency-could-flip-the-us-senate/?sh=4aa827c63aec
10. Cardi, Julia. “Cause of Action Institute Joins Colorado TABOR Case as Legal Counsel.” Colorado Law Week. July 23, 2018. Accessed October 29, 2021. https://www.lawweekcolorado.com/article/cause-of-action-institute-joins-colorado-tabor-case-as-legal-counsel/
11. Press Release. “Cause of Action Institute Files Motion to Dismiss FTC’s Baseless Data Security Charges Against D-Link Systems Inc.” February 1, 2017. Accessed October 29, 2021. https://www.prnewswire.com/news-releases/cause-of-action-institute-files-motion-to-dismiss-ftcs-baseless-data-security-charges-against-d-link-systems-inc-300400293.html
12. “Cause of Action Institute v. DOJ.” Pacer Monitor. Accessed October 29, 2021. https://www.pacermonitor.com/public/case/34989501/Cause_of_Action_Institute_v_DOJ
13. Malo, Sebastien. “Fishermen lose challenge to rule requiring at-sea monitors.” Reuters. June 15, 2021. Accessed October 29, 2021. https://www.reuters.com/legal/litigation/fishermen-lose-challenge-rule-requiring-at-sea-monitors-2021-06-16/
14. “Attorneys and Staff.” Cause of Action Institute. Accessed October 29, 2021. https://causeofaction.org/about/attorneys-and-staff/
15. “Attorneys and Staff.” Cause of Action Institute. Accessed October 29, 2021. https://causeofaction.org/about/attorneys-and-staff/
16. “Attorneys and Staff.” Cause of Action Institute. Accessed October 29, 2021. https://causeofaction.org/about/attorneys-and-staff/
17. “Attorneys and Staff.” Cause of Action Institute. Accessed October 29, 2021. https://causeofaction.org/about/attorneys-and-staff/
18. “Attorneys and Staff.” Cause of Action Institute. Accessed October 29, 2021. https://causeofaction.org/about/attorneys-and-staff/