FOIA Advisor

FOIA News (2025)

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

FOIA News (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 (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.

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

FOIA News (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.

FOIA News: OIP updates December training schedule

FOIA News (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 (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.

FOIA News: Exemption 4 and Public-Private Partnerships

FOIA News (2025)Allan BlutsteinComment

Public Money, Private Secrets: Rethinking FOIA in the Age of Public-Private Governance

By Morton Katz, Law & Political Econ. Project, Nov. 25, 2025

Public-private partnerships are, as the saying goes, kind of a big deal. By “public-private partnerships,” I mean arrangements where private, usually corporate, actors work with the government to accomplish a common public good. They take two main forms: contracting, where private firms carry out government tasks, and regulation, where the government relies on private disclosures and compliance systems to pursue public interests like safety or fairness.

Read more here.

FOIA News: Culturally sensitive FOIA exemption introduced

FOIA News (2025)Allan BlutsteinComment

Leger Fernández Introduces Bill to Protect Sacred Tribal Sites and Cultural Items and Practices from Public Disclosure

Press Release, Rep. Teresa Leger Fernandez, Nov. 24, 2025

SANTA FE, NM — Congresswoman Teresa Leger Fernández (D-NM) introduced H.R. 6206, the Protect Culturally Sensitive Information Act to make sure Native American Tribes, Alaska Native Entities, and Native Hawaiian Organizations can share sacred and culturally important information with the federal government without fear that it will be made public under the Freedom of Information Act (FOIA). 

The bill also creates a safe, confidential space for consultation so tribes can protect information about sacred and religiously significant sites, burial grounds, cultural items, and traditional practices. It closes long-standing gaps in federal law that put these places and traditions at risk, while still keeping the transparency families expect from their government. Importantly, this legislation does not require tribes to share additional or unnecessary information.

Read more here.

Follow H.R. 6206 here.