Q. I submitted a FOIA request back in 2001 and more than 75% of the records were "blacked out." I then filed an administrative appeal, which was denied [also in 2001]. How do I go about requesting judicial review?
A. You may not file a lawsuit based upon the agency's adverse determination in 2001, because the statute of limitations is six years. See 28 U.S.C. Sec. 2401(a). You may, however, submit a duplicate request at any time, re-appeal any withholdings, and then file a lawsuit within six years. See Spannaus v. U.S Dep't of Justice, 824 F.2d 52, 61 (D.C. Cir. 1987) (commenting that appellant, who had missed the deadline to file a lawsuit, could "simply refile his FOIA request tomorrow and restart the process").