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 March.
Court opinions
We posted and summarized 21 opinions in February. Of note, in Levin v. NHTSA (D.D.C.) the court rejected the agency’s reliance on the deliberative-process privilege after finding it failed to articulate any specific foreseeable harm from disclosure and instead relied on boilerplate assertions, ordering NHTSA to release records concerning its proposed guidelines on distracted driving. And in Aaronson v. DOJ (D.D.C.), the court rejected the FBI’s Glomar response for a pseudonymous employee because disclosure would not reveal any real individual’s identity; it therefore ordered additional searches for records concerning the FBI’s alleged impersonation of media members
Top news
On February 23, 2026, Judge Aileen Cannon blocked the release of Volume II of Special Counsel Jack Smith’s report on the classified documents investigation involving Donald Trump. The ruling by Judge Cannon—which arose in parallel with ongoing FOIA litigation seeking the report—likely keeps it secret indefinitely.
Early FY 2025 FOIA annual reports released in February showed increased request volumes and growing backlogs at several agencies, including NARA, the Dep’t of Transportation, and the Dep’t of Education.
March calendar
Mar. 1: Deadline for agencies to post FY 2025 annual reports
Mar. 5: FOIA Advisory Committee meeting.
Mar. 10: Hearing in Am. Transparency v. HHS, No. 21-02821 (D.D.C.) re: royalty payments to NIH scientists
Mar. 15-21: Sunshine Week
Mar. 15-17: Second annual Sunshine Fest
Mar. 16: “Freedom of Information Day”; Chief FOIA Officer Report publication deadline
Mar. 18: AFP Foundation Sixth Annual Sunshine Week Symposium
TBA: DOJ’s Sunshine Week award event