FOIA Suits Rise Because Agencies Don't Respond Even As Requesters Wait Longer To File Suit
TRAC, Dec. 15, 2019
In the last few years, the number of FOIA lawsuits has risen dramatically, much faster than the rise in FOIA requests. Anecdotal reports suggest that delays in receiving responses to FOIA requests may be increasing and a reason for rising litigation. TRAC's FOIA Project, with the help of a talented summer legal intern, explored the possible impact that delays in receiving responses could be having.
The study found that the number of suits challenging agencies substantive responses had not materially changed in the last four years. Their numbers remained relatively small. Instead, most litigation occurred when agencies failed to respond to FOIA requesters. Suits filed when agencies failed to respond to FOIA requesters have skyrocketed. In more than four out of every five suits the agency had failed to respond.
Read more here.