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Freedom of Information Act › Administrative Procedure Act

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Morgan Lewis

State & Federal Public Records Laws: An Often-Overlooked Discovery Tool

Morgan Lewis on

Information and document requests under the Freedom of Information Act and analogous state public records laws can be powerful and relatively inexpensive tools in a party’s litigation toolbox and are not only reserved for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules DOGE Can Access Social Security Data and Avoid FOIA - for Now

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 6, 2025, the Supreme Court of the United States released two decisions on its emergency docket with serious implications for federal agencies, companies that do business with the government, and the data of millions...more

Bradley Arant Boult Cummings LLP

Understanding the FOIA Process: Submitting, Appealing, and Litigating Requests for Government Records

Bradley Arant Boult Cummings LLP on

The Freedom of Information Act (FOIA), enacted in 1966, grants the public the right to access records from any federal agency, promoting transparency and accountability in government. Whether you’re a business owner,...more

Farella Braun + Martel LLP

Industrial Company Files Action Challenging EPA Disclosure of Confidential Business Information Submitted to EPA During...

Farella Braun + Martel LLP on

On April 2, 2025, Inhance Technologies LLC initiated an action in the U.S. District Court for the District of Columbia—Inhance Technologies LLC v. Zeldin, Case No. 1:25-cv-00980-JEB—challenging EPA’s refusal to withhold...more

Bracewell LLP

The Trump Administration’s Day-One Executive Actions: Impacts on Energy and Environmental Policy and More

Bracewell LLP on

On January 20, 2025, President Trump re-assumed the presidency with a flurry of executive orders and memoranda, many of which directly impacted energy and environmental issues. These orders included a production-minded...more

Wiley Rein LLP

U.S. District Court in DC Breaks New Ground for TSCA Transparency

Wiley Rein LLP on

The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public...more

Troutman Pepper Locke

Juul Labs, Inc. v. FDA: A FOIA Twist on the Challenge to FDA's Marketing Denial Order

Troutman Pepper Locke on

Recent Freedom of Information Act (FOIA) litigation raises an interesting question: When federal agency action requires analyses under a holistic, multi-factor statutory standard, may the agency withhold from disclosure as...more

Troutman Pepper Locke

Hidden FDA Report Raises Questions About Its Approach to Public Records and Premarket Tobacco Review

Troutman Pepper Locke on

FDA’s approach to a premarket tobacco product application (PMTA) raises new questions about whether its marketing denial order was arbitrary and capricious and whether the deliberative-process exemption justifies its...more

Pillsbury - Gravel2Gavel Construction & Real...

A Recap of the Supreme Court’s 2019 Summer Slate

Pillsbury - Gravel2Gavel Construction & Real... on

As usual, the last month of the Supreme Court’s term generated significant rulings on all manner of cases, possibly presaging the new directions the Court will be taking in administrative and regulatory law....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Releases Revisions to Electronic Recordkeeping Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On January 25, 2019, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its revisions to its electronic recordkeeping rules. As expected, OSHA eliminated the requirement for employers...more

Conn Maciel Carey LLP

The Freedom of Information Act Amended: Process and Pitfalls

Conn Maciel Carey LLP on

On June 30, 2016, President Obama signed into law the FOIA Improvement Act of 2016, Pub. L. No. 114-185, which made significant changes to the Freedom of Information Act, 5 U.S.C. § 552, et seq. (“FOIA”). FOIA can be a great...more

Haight Brown & Bonesteel LLP

A Court Must Expressly Retain Jurisdiction to Enforce the Terms of a Settlement Agreement

Haight Brown & Bonesteel LLP on

In Mirsad Hajro and James R. Mayock v. United States Citizenship and Immigration Services, et al. (collectively, “USCIS”), 2016 S.O.S. 11-17948, The Ninth US Circuit Court of Appeals held that it had jurisdiction to review...more

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