FOIA Advisor

FOIA News: Commentary Explores Costs and Benefits of FOIA "Net Metering"

FOIA News (2026)Allan BlutsteinComment

FOIA and Data-Driven Journalism

By Bernard Bell, Yale J. on Regs., June 14, 2026

Data-driven journalism uses or creates databases from culling and cleaning up government records and databases to tell important news stories, often ones serving to hold federal, state, or local governments accountable.[1]  But such journalism is costly.  Part of that expense is the cost of obtaining government records, and part is the expense entailed in making the records obtained more useful and accurate.[2]  Meanwhile, journalism is facing a financial crisis, with many news organizations disappearing and the survivors facing financial difficulties.[3] 

Into this conundrum steps Frank D. LaMonte.  LaMonte is legal counsel for CNN and previously headed the University of Florida’s Joseph L. Brechner Center for Freedom of Information.  In his recent law journal article, A “Net Metering” Approach to Energize Journalism Powered by Accessible Government Records, 60 U. RICHMOND L. REV. 639 (2026), he proposes a “net metering” approach to FOIA. Under it, news organizations could receive reimbursement for costs they incur in cleaning up records received under FOIA and putting them into usable form.[4] 

LaMonte’s proposal is inspired by the “net metering” approach for the electricity sector ushered in by the Public Utility Regulatory Powers Act of 1978 (“PURPA”), Pub. L. 95–617, 92 Stat. 3117 (codified at scattered section of 16 U.S.C.).  Under that approach, public utilities compensate operators of “distributed generation,” i.e., small power generators.  Such small power generators can include residential customers who generate power from rooftop solar arrays.  In effect, public utilities must compensate such homeowners and other customers who generate power, at a price at least equal to the utility’s “avoided cost” of obtaining power elsewhere.  For such utility customers, the electric meter could, in effect, “run backwards” – if they provide more power to the utility than they take, they receive a net payout from the utility company.

This post briefly summarizes LaMonte’s article and provides a few observations. The observation largely focus on transparency issues at federal level, namely implementation of the federal Freedom of Information Act.

Read more here.

Court opinions issued June 12, 2026

Court Opinions (2026)Allan BlutsteinComment

Stevens v. DOJ (7th Cir.) (nonprecedential) -- affirming summary judgment for ICE and holding that challenges to the agency's search terms and the presumption of good faith were forfeited because they were raised for the first time on appeal; further, rejecting appellant’s argument that FOIA requires agencies to search the same locations in response to similar requests; and concluding that the requester failed to rebut the presumption that the agency's search declarations were submitted in good faith.

Schiff v. IRS (D.D.C.) -- granting in part and denying in part IRS's motion for reconsideration; reaffirming that the agency forfeited its argument that the request was unreasonably burdensome and that the request reasonably described the records sought; further, rejecting the IRS's attempt to supplement the record with additional declarations, concluding that the agency was not entitled to a "second bite at the apple" after failing to carry its burden at summary judgment; and modifying the remedy only to clarify that the IRS need produce only non-exempt records responsive to the request, leaving the case open for further proceedings

Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.

FOIA News: Op-ed spotlights FOIA's honor system

FOIA News (2026)Allan BlutsteinComment

FOIA’s honor system is failing congressional oversight

By Dennis Buckovetz, Wash. Exam’r, June 12, 2026

n April, David Morens, a senior adviser to Anthony Fauci, was indicted on charges of allegedly destroying government records tied to COVID-19 origins research. According to the indictment, he deleted official communications and used personal email to evade Freedom of Information Act requests — even describing how to make emails “disappear” before searches began.

It is an extreme case. But it exposes a problem that should concern every member of Congress: FOIA operates, in practice, as an honor system.

Read more here.

Jobs, jobs, jobs: Seventh Heaven?

Jobs jobs jobs (2026)Allan BlutsteinComment

Gov’t Info. Specialist, Dep’t of Homeland Sec./HQ, GS 7-9, Wash., DC, closes 6/18/26 (non-public).

Gov’t Info. Specialist, Dep’t of Homeland Sec./HQ, GS 7-9, Wash., DC, closes 6/18/26 (public).

Gov’t Info. Specialist, Dep’t of the Treasury/OFAC, GS 14, Wash., DC, closes 6/18/26 (public).

Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 12, Alexandria, LA, closes 6/22/26 (internal agency).

Gov’t Info. Specialist, Dep’t of Veterans Affairs/VHA, GS 12, Philadelphia, PA, closes 6/22/26 (internal agency).

Gov’t Info. Specialist, Dep’t of Transp./FAA, FG 12-13, closes 7/2/26 (internal agency).

Trial Att’y (FOIA Counsel), Dep’t of Justice/USTP, GS 14-15, Wash., DC, closes 7/14/26 (public).

FOIA News: GAO catches agency off guard

FOIA News (2026)Allan BlutsteinComment

A new report from the Government Accountability Office warns that the National Guard Bureau is struggling to track and answer Freedom of Information Act requests accurately. GAO investigators found that the agency frequently reports incorrect data and misses its 20-day response deadlines due to severe understaffing and poor internal communication. These mistakes make it difficult for Congress and the public to see how bad the backlogs really are. Defense officials have agreed to fix these problems by implementing six specific improvements recommended in the report.

Court opinions issued June 4-5, 2026

Court Opinions (2026)Allan BlutsteinComment

June 5, 2026

Carter v. DOJ (D.D.C.) — finding that FBI performed an adequate search for records concerning electronically submitted complaints and tips, and properly withheld records under Exemptions 6, 7(C), and 7(E) to protect the identities of Special Agents and non-public investigative techniques and databases.

June 4, 2026

Byrne v. NSA (N.D. Cal.) -- ruling that: (1) NSA performed an adequate search for records concerning Vietnam-era covert operations by relying on detailed agency declarations and reasonably tailored search terms; (2) FBI properly withheld responsive records under Exemptions 1 and 3 to protect intelligence sources, methods, and capabilities.

Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.

Court opinions issued June 3, 2026

Court Opinions (2026)Allan BlutsteinComment

Am. Ctr. For Law & Justice v. FBI (D.D.C.) -- in case concerning FBI interactions with social media platforms about 2020 election interference, granting summary judgment for FBI and ruling that: (1) FBI properly withheld records under Exemption 5's deliberative process privilege, including factual material assembled through exercise of judgment and inextricably intertwined with exempt information; (2) FBI established reasonably foreseeable harm through chilling effect on internal deliberations; and (3) FBI properly withheld records under Exemption 7(E) and satisfied foreseeable harm by showing disclosure could enable foreign adversaries to anticipate and evade agency’s investigative methods.

Martin v. DHS (E.D. Va.) -- dismissing FOIA complaint with prejudice where immigration detainee seeking transcript and audiotape from her removal hearing failed to plausibly allege she filed a proper request with defendant before filing suit.

Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.