FOIA Advisor

Court opinion issued Nov. 19, 2024

Court Opinions (2024)Ryan MulveyComment

Gov’t Accountability & Oversight v. SEC (D.D.C.) — denying requester’s motion for fees after concluding that the requester was not eligible; rejecting the requester’s reliance on the “catalyst theory,” and instead determining that the agency persuasively explained how it had already started processing by the time the lawsuit was filed; concluding further that any “delay was not due to a lack of cooperation, but rather was the result of an email fluke that caused GAO’s FOIA requests to be marked as spam,” and that the agency’s decision to reprocess and release previously withheld portions of records was not compelled by any aspect of the litigation process.

Summaries of all published opinions issued in 2024 are available here. Earlier opinions are available here.