FOIA Advisor

FOIA News: A tale of two agencies

FOIA News (2026)Allan BlutsteinComment

On January 26, 2026, we reported that we had found online 14 annual agency FOIA reports for fiscal year 2025, and we posted ten more reports on February 3, 2026.. The following two new reports from the Department of Education and the SEC indicate that FY 2025 was the “worst of times” for the former agency and—by comparison—better times (but not necessarily “the best”) for the latter.

U.S. Dep’t of Education:

  • 5266 requests received, up from 4560 in FY 2025; 3916 requests processed, up from 3119 in FY 2024.

  • Backlogged requests increased from 2485 to 4570; or 83 percent. Of the 3916 requests that the agency counted as “processed,” 1508 were withdrawn by requesters.

  • Backlogged appeals increased from 21 to 29.

  • For all processed perfected requests, an average response time of about 171 days for “simple” requests, and an average of about 128 days for “complex” requests.

  • Of 375 requests for expedited processing, eight granted.

  • Of 1385 requests for a fee waiver, 998 granted.

  • $13 total mount of fee collected for processing requests.

Securities & Exchange Comm’n:

  • 13254 requests received, up from 10,811 in FY 2024; 12,249 requests processed, up from 10,985 in FY 2024

  • Backlogged requests increased slightly from 475 to 494; zero backlogged appeals in the past two years.

  • For all processed perfected requests, an average response time of about 6 days for “simple” requests, and an average of about 47 days for “complex” requests.

  • Of 670 requests for expedited processing, none granted.

  • Of 701 requests for a fee waiver, three granted.

  • Zero fees collected for processing requests.

Court opinions issued Feb. 9 & 10, 2026

Court Opinions (2026)Ryan MulveyComment

Feb. 10, 2026

Foster v. Drug Enf’t Admin. (D.D.C.) — denying the government’s motion for summary judgment, rejecting its use of Exemptions 6, 7(C), and 7(E), and, after conducting in camera review, ordering disclosure of “security-camera footage from over fifteen years ago that depicts the parking lot of a pain clinic”; concluding, as an initial matter, that the video footage met the Exemption 7 threshold as it was “obtained and used by the FBI in connection with its criminal investigation into the illegal distribution of prescription drugs”; yet also concluding there was no privacy interest at stake because the footage was “of low resolution”—“[n]o faces are discernible . . . no license plates are visible, and no individual can reasonably be identified”; with regard to Exemption 7(E), concluding the “video was [not] captured by [the agency’s] surveillance devices,” and therefore could shed no light on how the FBI “conducts surveillance, selects targets, or allocates investigative resources,” and the government otherwise had failed to persuasively describe how disclosure would risk circumvention of the law.

Feb. 9, 2026

Zavala v. Immigration & Customs Enf’t (W.D. Pa.) — denying a requester’s motion for attorney’s fees; concluding the requester, who had sought copies of portions of his A-file and related records, was not “eligible” for fee recovery since he did not “substantially prevail”; explaining the “Court never ordered relief to Plaintiff,” who ultimately filed a notice of voluntary dismissal, and the requester’s alternative “catalyst theory” argument failed because he could not demonstrate “causation”; noting the government’s processing delays were “neither unexplained nor unusually long,” especially in light of a “uncontroverted backlog,” and were instead more likely the result of “administrative delays . . . as well as the necessity of inter-agency searches and responses”; noting further how the government has started processing “prior to the lawsuit being filed.”

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

FOIA News: Reporters who FOIA the FDA

FOIA News (2026)Allan BlutsteinComment

How Journalists Use FOIA as an Investigative Tool

By John A. Jenkins, Law St. Media, Feb. 11, 2026

* * *

The media requests to the FDA (through December, the most recent month available) span a wide range of subjects – from adverse-event case files and manufacturing inspections to senior officials’ calendars, ethics disclosures, and communications with politically active outside groups.

But the requests also share a common purpose: reconstructing how decisions were made, who influenced them, and whether warning signs were missed or ignored.

The filings reflect how journalists increasingly are turning to FOIA not merely to obtain isolated documents, but to map decision-making ecosystems:  Who raised concerns internally?  When did leadership become aware?  Which outside actors had access?  And how did those dynamics shape regulatory outcomes?  

At the FDA, the most concentrated and consequential set of requests centered on drug safety surveillance and internal deliberations surrounding GLP-1 medications.  

Read more here.

FOIA News: Upcoming FOIA Advisory Committee meetings

FOIA News (2026)Allan BlutsteinComment

The federal Freedom of Information Act Advisory Committee for the 2024-2026 term will convene monthly from March to July, according to the Office of Government Information Services’ website. The full Committee last met on September 11, 2025.

FOIA News: FOIA bootcamp at Yale

FOIA News (2026)Allan BlutsteinComment

Annual FOIA Bootcamp Held by MFIA Clinic on Feb. 24

Yale Law School, Feb. 9, 2026

Yale Law School’s Media Freedom and Information Access (MFIA) clinic will host FOIA Bootcamp on Feb. 24, 2026, 6:15–8:00 p.m., in Sterling Law Building Room 129, to explain the ins and outs of filing effective Freedom of Information Act (FOIA) requests. For over a decade, this event has brought together investigative journalists and media law experts to help journalists, activists, students, academics, and others navigate FOIA and access vital public records. 

Investigative reporter Joshua Eaton and former Assistant U.S. Attorney Sarah Normand will share their insights on using FOIA as a tool for investigative work and government accountability. The discussion will cover when to file a request, how to draft it effectively, dealing with FOIA officers, and making the system work.

Read more here.

FOIA News: NexGen FOIA Tech Showcase 3.0

FOIA News (2026)Allan BlutsteinComment

Federal Agencies Turn to AI to Fix FOIA Backlogs

By Jillian Hamilton, ClearanceJobs, Feb. 9, 2026

Ever tried to submit a FOIA request about the status of your security clearance investigation and then heard nothing but crickets for weeks or even months? If you have, you are not alone. Whether you are a member of the public trying to get answers or a government employee buried under a growing queue of requests, the frustration is real. The FOIA system does important work, but just about everyone involved would agree it is overdue for a refresh.

That is exactly the problem federal agencies are trying to tackle with the upcoming NexGen FOIA Tech Showcase 3.0. Recently announced on SAM.gov, the virtual event scheduled for May 12 through May 14, 2026 brings together federal FOIA professionals and technology experts to look at how modern tools, including artificial intelligence, could finally bring FOIA processing into the present day.

The event is being organized by the Chief FOIA Officers Council’s Technology Committee in partnership with the Office of Government Information Services at National Archives and Records Administration and the Office of Information Policy at the U.S. Department of Justice. It follows earlier showcases held in 2022 and 2024, both of which focused on helping agencies address persistent FOIA backlogs, case management challenges, and growing public expectations around speed and accessibility.

Read more here.

FOIA News: DOL's EEO-1 reports closer to disclosure

FOIA News (2026)Allan BlutsteinComment

Ninth Circuit’s FOIA Ruling Moves Toward Implementation in EEO‑1 Disclosure Case

By Guy Brenner & Mallory Knudsen Hart, Proskauer Rose LLP, Feb. 9, 2026

On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Department of Labor jointly asked the United States District Court for the Northern District of California to lift the temporary stay that has halted disclosure of certain federal contractors’ EEO-1 Type 2 reports.  Accordingly, the legal case appears to be effectively over and disclosure is imminent. The parties’ request seeks to lift the stay as of February 9, 2026, so that the Department of Labor (“DOL”) can begin releases on a set timetable.

Contractors who submitted challenges to the disclosure of their EEO-1 data should be prepared that their data will be disclosed to the Center for Investigative Reporting as early as February 9, 2026.  Further, if past practice is any indication, the information will also be posted on the DOL’s website and available to the public.

Read more here.

See joint stipulation here.

FOIA News: America First Legal Foundation files notice of appeal to D.C. Circuit in GAO FOIA fight

FOIA News (2026)Ryan MulveyComment

This past Friday, February 6th, America First Legal Foundation (“AFLF”) filed a Notice of Appeal to the D.C. Circuit in America First Legal Foundation v. U.S. Government Accountability Office, a Freedom of Information Act (“FOIA”) case that challenges GAO’s status as an “agency.” As we noted last month, Judge Sparkle Sooknanan—unsurprisingly—dismissed AFLF’s case, holding that GAO was a legislative-branch agency and, thus, excluded from the FOIA’s definition of “agency” because it is part of “Congress.”

AFLF has not yet noticed an appeal in what might be described as a companion case, America First Legal Foundation v. Roberts, which challenges whether the Judicial Conference and the Administrative Office of the U.S. Courts are “agencies” for purposes of the FOIA. Judge Trevor McFadden granted the government’s motion to dismiss in that case on December 18, 2025.

Court opinions issued Feb. 5 & 6, 2026

Court Opinions (2026)Ryan MulveyComment

Feb. 6, 2026

Finkelstein v. Nat’l Insts. of Health (D.D.C.) — granting the requester’s motion for attorney fees and costs and awarding the full amount requested, $36,973.65; concluding the requester was “eligible” for a fee award and “substantially prevailed” under the “catalyst theory” because the agency (1) “repeatedly refused to provide an estimated date of completion,” (2) “categorically denied [in its Answer] that ‘Plaintiff is entitled to . . . any relief whatsoever,’” (3) left unresolved “discrepancies in the [evidentiary] record as to how and when” it “conducted its search,” and (4) “amended and re-released material . . . initially withheld from disclosure” after the requester “challenged some . . . redactions”; concluding also that the requester was “entitled to fees” because the requester is an “investigative journalist” and sought records that would serve the public interest, did not otherwise have a private or “purely commercial” interest in disclosure, and the government did not have a reasonable basis for its withholdings; rejecting the agency’s challenge to the reasonableness of the requester’s sought-after fee amount.

Feb. 5, 2026

Informed Consent Action Network v. Food & Drug Admin. (D.D.C.) — granting the government’s Open America motion to “stay proceedings for eighteen months due to significant records demands imposed on Defendants by a district court in Texas”; rejecting the requester’s argument, “[a]t the outset,” that the FOIA denies courts the authority to authorize judicial stays; noting, with respect to the existence of “exception circumstances,” that the agencies remain “subject to increasing production rates . . . ranging from a total of 90,000 to 180,000 pages per month” in other litigation, and these orders have significantly impacted available resources for processing other requests; noting also the agencies’ efforts to “triage the substantial demands” of this other ongoing litigation; concluding the government has otherwise demonstrate “due diligence” in complying with the FOIA, whether considered in general or with respect to the specific request at issue.

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