Below is a summary of the notable FOIA court decisions and news from last month, as well as a look ahead to FOIA events in November.
Court opinions
We posted and summarized 15 opinions in October—a sharp decline from 29 last month. The most significant ruling was the D.C. Circuit’s decision in Campaign for Accountability v. DOJ (Oct. 17), which held that opinions of the DOJ’s Office of Legal Counsel are not subject to FOIA’s “reading-room” disclosure requirements. The court reasoned that such opinions are neither “final opinions made in the adjudication of cases” nor “statements of policy or interpretations adopted by the agency,” but rather are best understood as confidential legal advice provided to executive branch agencies. A concurring opinion argued that plaintiff-appellee lacked standing because it failed to show that disclosure of the OLC opinions would likely redress any concrete informational injury.
Top news
A lapse in appropriations on October 1, 2025, effectively suspended many FOIA operations and litigation.
EPA plans to rescind expedited processing regulation for “environmental justice,” per E&E News.
November calendar (these events may be affected by the partial government shutdown)
Nov. 5: DOJ/OIP Virtual Introduction to the Freedom of Information Act
Nov. 12: DOJ/OIP Virtual Litigation Seminar