FOIA Advisor

FOIA News: Group seeks expedited recission of EPA’s FOIA expedition rule

FOIA News (2015-2025)Allan BlutsteinComment

‘Environmental justice’ EPA rule drives unequal FOIA treatment, conservative legal group says

By Kaelen Deese, Wash. Exam’r, Dec. 11, 2025

A prominent conservative legal firm with close ties to the Trump administration took aim on Wednesday at a little-noticed Environmental Protection Agency rule from the Biden administration that it says created an improper, preferential fast-track for certain public records requests under the banner of “environmental justice.”

America First Legal, the firm founded by President Donald Trump senior adviser Stephen Miller, filed a major Freedom of Information Act request and a companion petition for rulemaking challenging the EPA’s 2022 decision to let requesters claim a so-called “environmental justice–related need” as a basis for expedited processing. The group says that carveout opened a political pathway to faster access to federal records, contradicting FOIA’s requirement that agencies handle requests in a content-neutral manner.

Read more here.

P.S. In October, FOIA Advisor cited reporting from E&E News that EPA planned to rescind its environmental justice FOIA rule.

FOIA News: This and that

FOIA News (2015-2025)Allan BlutsteinComment

  • A federal retiree was forced to file a FOIA request to find out the Thrift Savings Plan’s holdings in its International Stock Index Investment (“I”) Fund, per a guest essay in the the New York Times.

  • The FBI has recently posted files about Pete Rose, Wallis Simpson, and Kenneth Starr.

  • Government Attic has recently posed files about atomic bomb tests in the Marshall Islands, U.S. Army drug testing programs using humans, and biological warfare.

  • Multiple advocacy groups sued the Department of Justice on Dec. 9th for failing to respond to requests for Office Legal Counsel records concerning the U.S. military’s lethal strikes on vessels in the Caribbean.

Court opinions issued Dec. 3-4, 2025

Court Opinions (2025)Allan BlutsteinComment

Dec. 4, 2025

Informed Consent Action Network v. NIH (D.D.C.) -- denying plaintiff’s motion for attorneys’ fees in connection with requests submitted in 2021 for internal communications about an early COVID-19 antibody study; reasoning that the plaintiff failed to show its lawsuits caused NIH to release the records, as the agency had already begun processing the requests and delays were attributable to pandemic-related backlogs rather than litigation pressure.

Dec. 3, 2025

Musgrave v. DOJ (D.D.C.) -- determining that plaintiff’s 2020 request for “[a]ll emails in the FBI email system(s) or personal email folders on personal computers . . . used by the Washington Field Office and San Francisco Field Office mentioning @DevinCow” would require an unreasonably burdensome search and was therefore an improper request; rejecting plaintiff’s post-litigation attempt to narrow the search to “active” email accounts as of 2021.

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

FOIA News: Brothers arrested for tampering with gov't databases, including FOIA info

FOIA News (2015-2025)Allan BlutsteinComment

Virginia brothers arrested for allegedly tampering with government databases

By Sam Sabin, Axios, Dec. 3, 2025

The Justice Department arrested Virginia-based twin brothers who formerly worked at a federal contractor on Wednesday for their alleged roles in deleting government databases.

Why it matters: The arrests are connected to one of the most bizarre insider threat cases the U.S. government has experienced in years.

Driving the news: Federal law enforcement arrested Muneeb and Sohaib Akhter, 34, for their alleged roles in compromising or deleting dozens of government databases in February.

  • The arrests follow a Bloomberg investigation published in May detailing how the brothers allegedly compromised data across several agencies, including the Internal Revenue Service and the General Services Administration.

The intrigue: The brothers pled guilty in 2015 to federal charges tied to data breaches at the U.S. State Department and a cosmetics company.

  • They both served years-long prison sentences before getting jobs as engineers for Opexus, a federal contractor that helps process U.S. government records.

  • Opexus did not immediately respond to a request for comment.

Read more here.

Court opinions issued Dec. 2, 2025

Court Opinions (2025)Allan BlutsteinComment

Ctr. for Immigration Studies v. USCIS (D.D.C.) -- ruling that plaintiff was ineligible for attorney’s fees because it failed to show its lawsuit caused USCIS to produce requested records, which included demographic data on Special Immigrant Juvenile Status applicants; reasoning that agency’s spreadsheet production appeared to result from routine processing rather than a litigation-induced “sudden acceleration,” and that plaintiff did not demonstrate that its lawsuit prompted USCIS’s later voluntary decision to provide a key explaining the spreadsheet’s status codes.

Long v. ICE (D.D.C.) -- following four rounds of summary judgment, granting ICE’s motion for summary judgment in part and denying it in part and holding that while some continued withholdings under FOIA Exemption 7(E) were justified, ICE again failed to show that certain other withheld materials from two databases posed a risk of circumvention of the law and therefore must be released.

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

FOIA News: OIP updates December training schedule

FOIA News (2015-2025)Allan BlutsteinComment

OIP Announces New FOIA Trainings Dates for Fiscal Year 2026 (Updated)

By DOJ/OIP, FOIA Post, Dec. 2, 2025

Today, the Office of Information Policy (OIP) announces new dates for FOIA trainings that were originally scheduled during the government shutdown.  As part of its responsibility to encourage agency compliance with the FOIA, OIP offers numerous training opportunities throughout the year for agency FOIA professionals and individuals with FOIA responsibilities.

These courses are designed to offer training opportunities for personnel from all stages of the FOIA workforce, from new hires to the experienced FOIA professionals or FOIA managers.  OIP will continue to offer virtual training sessions that will be taught in real-time by OIP instructors.  We will announce more training opportunities for the spring and summer at a later date.  As Fiscal Year 2026 quickly approaches, we are excited to announce our upcoming virtual training courses. You can find these courses listed on OIP’s Training page.

Read more here.

FOIA News: CFO Council meeting on 12/15; OIP's new Director to make his debut

FOIA News (2015-2025)Allan BlutsteinComment

Chief FOIA Officers Council to Meet on December 15

NARA/OGIS, FOIA Ombuds, Dec. 1, 2025

The Chief FOIA Officers Council will meet at 10 a.m. ET on Monday, December 15. The meeting is virtual and open to Chief FOIA Officers, FOIA professionals, and the public. We invite you to either watch the livestream of the meeting on the U.S. National Archives YouTube Channel or register to attend the meeting virtually. If you wish to offer oral comments during the meeting’s public comment period you must register to attend.

The Council is co-chaired by Office of Government Information Services (OGIS) Director Alina M. Semo and Office of Information Policy (OIP) Director Sean Glendening. Plan to hear updates from OGIS and OIP as well as from the Council’s Technology Committee and Committee on Cross-Agency Collaboration and Innovation (COCACI). 

At the end of the meeting, interested persons will be able to appear and present oral and written statements to the Council during the public comments period. 

See original blog post here.