Guide · Administrative Law

The Freedom of Information Act and State Public Records Laws: A Comprehensive Guide

5 U.S.C. § 552(f)(1)

Type
Guide
Jurisdiction
National
Date
2024-05-08
Topic
Administrative Law

A complete practitioner's treatment of federal and state public records law for requesters, agency counsel, and submitters of business information. Parts I through V cover the mechanics: which entities FOIA reaches, what qualifies as an agency record, how to draft a request that survives, the fee categories and waiver standard, the deadlines and the constructive exhaustion that follows a missed one, and the adequacy of search standard. Parts VI through XII take each of the nine exemptions in turn with the controlling decisions, giving the most attention to Exemption 4 after Food Marketing Institute v. Argus Leader Media and to Exemption 5's deliberative process privilege. Parts XIII and XIV cover the Glomar response, official acknowledgment, the Vaughn index, segregability, and the 2016 foreseeable harm standard. Parts XV through XVII cover the administrative appeal, litigation practice, and attorney fees under the restored catalyst theory. Part XVIII covers reverse FOIA and the submitter's protective practice. Parts XIX and XX cover the Privacy Act, Sunshine Act, FACA, and records statutes, and the state public records and open meetings laws that are often faster and broader. Part XXI is the verification list.

The Freedom of Information Act and State Public Records Laws: A Comprehensive Guide

Administrative Law > Government Transparency | Published 8 May 2024 - Updated 26 February 2026 | UpLaw - uplaw.us

In brief. FOIA gives any person a claim to any agency record, subject to nine exemptions the agency must prove. The practice is about four things: writing a request narrow enough to be enforceable, using the missed deadline, pressing the foreseeable harm standard, and being willing to file a complaint. Everything else is detail — but the detail decides cases.

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