FOIA Advisor

Sample administrative FOIA appeals

  • Appeal by Cause of Action challenging the Department of Agriculture’s use of Exemption 5 (attorney-client privilege) to withhold White House communications with the agency.

  • Appeal by Cause of Action concerning the adequacy of the search performed by the Securities and Exchange Commission for records of its FOIA consultations with the White House.

  • Appeal by Public Citizen in response to the Consumer Product Safety Commission’s reliance on Exemptions 3, 4, 5 (deliberative process privilege), 7(A), and 7(E).

Sample Complaints

Below are a selection of FOIA Complaints categorized by the cause of action for the lawsuit.  Additional Complaints may located via the FOIA Project, which maintains a searchable archive of FOIA litigation documents and statistics.     

Failure to respond to request

Bonner v. DOD (S.D.N.Y 2021) (less than 2-week delay)

Ctr. for Biological Diversity v. EPA (D.D.C. 2017) (one-month delay)

Cause of Action v. DOJ (D.D.C. 2017) (two-month delay)

Elec. Privacy Info. Ctr. v. DHS (D.D.C. 2015) (three-month delay)

Natural Res. Def. Council v. NOAA (S.D.N.Y. 2015) (ten-month delay)

America First Legal v. FDA (D.D.C. 2023) (more than one-year delay)

Nat’l Security Archive v. CIA (D.D.C. 2011) (five-year delay) 

Expedited processing

Gov’t Accountability & Oversight v. EPA (D.D.C. 2024)

James Madison Proj. v. ODNI (D.D.C. 2023)

Adequacy of Search

Cozen O’Connor v. Office of Foreign Assets Control (E.D. Pa. 2017)

Judicial Watch v. IRS (D.D.C. 2015)

Withholdings

Exemption 1 and/or Exemption 3

N.Y. Times v. DOD (S.D.N.Y. 2020) (Exemption 1)

Knight First Amendment Inst. at Columbia Univ. v. CIA (D.D.C. 2018) (Exemptions 1 and 3)

Exemption 4

Ctr. for Public Integrity v. SBA (D.D.C. 2020) (Exemption 4)

Knowledge Ecology Int’l v. HHS (D.D.C. 2020) (Exemption 4)

Exemption 5

Envtl. Def. Fund v. EPA (D.D.C. 2019) (Exemption 5, inter- or intra-agency threshold)

Hall & Assoc. v. EPA (D.D.C. 2015) (Exemption 5, deliberative process and attorney-client privileges)

Exemption 6 and/or Exemption 7(C)

Nat’l Pub. Radio v. FEMA (D.D.C. 2017) (Exemption 6)

ProPublica v. FEMA (S.D.N.Y. 2014) (Exemption 6)

Citizens for Ethics & Responsibility in Washington v. DOJ (D.D.C. 2013) (Exemptions 6 and 7(C) Glomar)

Schoenberg v. FBI (C.D. Cal. 2018) (Exemption 7(C)).

Exemptions 7(A), 7(D), and 7(E)

Center for Investigative Reporting v. FBI (N.D. Cal. 2019) (Exemption 7(A))

Montgomery v. IRS (D.D.C. 2017) (Exemption 7(D))

Moharam v. FBI (D.D.C. 2022) (Exemption 7(E) Glomar)

Exemption 8

Williams & Connolly LLP v. Office of the Comptroller of the Currency (D.D.C. 2013) (Exemption 8)

Fee categories and fee waivers

Pfeiffer v. U.S. Dep’t of Energy (D.D.C. 2020) (seeking fee category of educational institution and news media)

Cause of Action v. FTC (D.D.C. 2012) (disputing agency’s denial of public interest fee waiver and news media fee category)