This week, we delve into significant developments in transparency and public access. A federal judge in California has extended First Amendment public access rights to military courts, mandating the Navy to provide timely access to nonclassified court-martial records. ProPublica has taken legal action against the Department of Education over unaddressed FOIA requests, highlighting a growing backlog in civil rights investigations. Seven major federal departments missed the deadline for their annual FOIA reports, impacting federal transparency benchmarks. In Indiana, a court ordered the disclosure of execution drug purchasing records, citing violations of state public records law. Lastly, a federal judge rejected the National Highway Traffic Safety Administration's broad use of the deliberative process privilege to withhold records, emphasizing the need for specific justifications. Links to all source material are in the show notes.

📚 Sources:

• https://www.propublica.org/article/navy-court-records-ruling-first-amendment
• https://www.propublica.org/article/education-department-civil-rights-office-foia-lawsuit
• https://www.foiaadvisor.com/foia-blog/2026/3/3/foia-news-where-art-thou-annual-reports
• https://www.rcfp.org/idoc-capital-chronicle-ruling/
• https://www.foiaadvisor.com/foia-blog/2026/2/26/court-opinions-issued-feb-25-2026

This week, two federal agencies reported increasing gaps between incoming FOIA requests and their ability to process them. The National Archives and Records Administration saw a 23% rise in requests, with complex requests taking nearly five years to process. The General Services Administration experienced a 43% increase in requests, leading to a 152% rise in backlog. A federal court ruled on expedited processing in CREW v. U.S. Department of Justice, ordering faster processing but declining to set a specific pace. In Florida, House Bill 437, which mandates quicker responses to public records requests, advanced to the House floor. Meanwhile, Georgia's House Bill 1223 proposes new exemptions for law enforcement recordings, sparking debate over access and definitions. Links to all source material are in the show notes.

📚 Sources:

• https://www.foiaadvisor.com/post/nara-reports-a-sharp-increase-in-foia-requests-in-fy-2025
• https://www.foiaadvisor.com/post/gsa-foia-annual-report-fy-2025-request-volume-surges-backlog-more-than-doubles
• https://www.foiaadvisor.com/post/court-grants-crew-expedited-foia-processing-but-declines-to-order-specific-production-rate
• https://floridapolitics.com/archives/781844-release-the-records-final-house-committee-oks-government-transparency-bill/
• https://www.wrdw.com/2026/02/26/ga-bill-could-curb-public-access-police-body-camera-footage/

This week on FOIA News, we delve into the ongoing policy battles across several states driven by resource pressure and cost recovery. New federal data highlights a stark contrast in FOIA performance between the Department of Education and the SEC, with the latter showing significantly better efficiency in handling requests.

In New Hampshire, legislators have paused a body camera bill to address unresolved issues around access, evidence integrity, and funding, opting for an interim study to ensure comprehensive stakeholder input.

In Nevada, Carson City's proposal to impose new fees on public records requests has sparked legal challenges, with transparency advocates arguing it violates state law. The Nevada Press Association warns of inevitable litigation if the fees are adopted.

Meanwhile, Vermont's Montpelier City Council is considering new strategies to manage the high volume of public records requests, including potential state legislation to authorize charges for staff time. The Vermont Journalism Coalition opposes these measures, emphasizing the importance of timely access to public records for transparency.

📚 Sources:

• https://www.foiaadvisor.com/foia-blog/2026/2/12/foia-news-more-annual-reports
• https://citizenportal.ai/articles/7417898/New-Hampshire/Panel-approves-interim-study-on-police-body-camera-policy?source=bluesky&loc=NH
• https://www.carsonnow.org/02/18/2026/government-transparency-watchdogs-say-carson-city-proposed-fees-will-be-litigated-its-just-a-matter-of-when
• https://thebridgevt.org/2026/02/one-persons-public-records-requests-cost-city-hall-hundreds-of-hours/

This week, significant developments in public records law unfolded across the United States. In California, the Supreme Court ruled that agencies remain accountable for their record-keeping practices even when records no longer exist, emphasizing that declaratory relief is still available to challenge exemption claims. Meanwhile, New Mexico is advancing legislation to tackle a statewide records backlog, proposing a task force to explore software solutions and process improvements. On the federal level, two district court rulings addressed attorney fee liability and litigation delays, highlighting the importance of process discipline and resource constraints in public records cases. These developments underscore the ongoing challenges and evolving legal landscape surrounding public records access and accountability.

📚 Sources:

• https://www.foiaadvisor.com/foia-blog/2026/2/6/court-opinion-issued-feb-5-2026
• https://www.abqjournal.com/news/bill-that-would-create-task-force-to-re-examine-streamline-public-records-requests-moves-to-nm-house/2976254
• https://sanjosespotlight.com/gilroy-case-ruling-strengthens-california-public-records-law/

This week on our podcast, we delve into transparency in public records. In Rhode Island, candidates for attorney general are weighing in on proposed changes to the Access to Public Records Act and a bill to release traffic accident data. Candidates like Kim Ahern and Jason Knight emphasize transparency, while others call for careful study to avoid unintended consequences.

In Michigan, journalist Charlie LeDuff has sued Attorney General Dana Nessel over delays in Freedom of Information Act requests, particularly concerning COVID-19 nursing home records. LeDuff challenges the "grant-and-delay" tactic and seeks timely responses and reasonable costs.

Finally, in Tennessee, the Court of Appeals has ruled that writings from the Covenant School shooter must be released as public records, overturning a lower court decision. The case will return to Chancery Court for redaction oversight, with the potential release of all writings and investigative documents.

📚 Sources:

• https://www.bostonglobe.com/2026/02/02/metro/open-records-overhaul-debate-attorney-general-candidates-ri/?event=event12
• https://san.com/cc/michigan-sued-for-covid-era-nursing-home-files-after-shirking-foia-law/
• https://tennesseestar.com/covenant-school-shooting/michael-patrick-leahy-calls-appeals-court-ruling-in-covenant-case-a-major-victory-for-public-records/khousler/2026/02/05/

This week, we cover two legal cases impacting records management. First, the Michigan Supreme Court is set to review a case involving the city of Grand Rapids and its delayed response to a Freedom of Information Act (FOIA) request. The ACLU argues that the city's 13-month delay in providing records on police drone use effectively denied the request, despite a Michigan Court of Appeals ruling in favor of the city because state law lacks a specific disclosure timeframe.

In another significant development, the D.C. Circuit Court will hear arguments in a case concerning the "clawback" of mistakenly disclosed records by the Bureau of Alcohol, Tobacco & Firearms. This case highlights the tension between privacy interests and public disclosure under FOIA. The court previously vacated a clawback order due to a lack of judicial authority, as FOIA does not include provisions for such remedies. The outcome could have substantial implications for how agencies handle inadvertent disclosures.

📚 Sources:

• https://www.mlive.com/news/grand-rapids/2026/01/grand-rapids-faces-supreme-court-challenge-over-records-request-response-times.html
• https://www.foiaadvisor.com/foia-blog/2026/1/23/foia-news-dc-circuit-to-hold-oral-argument-in-foia-clawback

This week on our podcast, we delve into four significant rulings on disclosure obligations and search requirements. In Georgia, a judge has ordered the Sandy Springs Police Department to release detailed incident reports previously withheld, following a legal battle with Appen Media. In Pennsylvania, a court has mandated the release of body-camera footage from a fatal police shooting, highlighting the importance of transparency. Meanwhile, in Alabama, the Central Alabama Water board has settled a lawsuit over access to legal invoices, amidst changes in their engineering firm agreements. Lastly, a federal court has upheld the Department of Education's search for student loan records, clarifying the extent of their obligations under FOIA requests. Tune in for insights into these pivotal cases shaping public access to information.

📚 Sources:

• https://roughdraftatlanta.com/2026/01/23/sandy-springs-police-records-lawsuit/
• https://birminghamwatch.org/2026/01/17/caw-prequalifies-engineers-settles-public-records-lawsuit/
• https://www.rcfp.org/bodycam-footage-deshawn-leeth/
• https://public.fastcase.com/ppbqSQpNDaJE%2F8PlIk0b8HBSVmcS9TNNu1gWNzT%2FPC8B70SauEw3H1BJoCfaGJMF

In this episode, we delve into recent developments in public records and information access. A federal court scrutinized the Department of Justice's search for archived and deleted emails in a FOIA case, requiring further verification by 2026. The Ninth Circuit finalized a ruling that EEO-1 reports from federal contractors are not protected under FOIA's Exemption 4, impacting workforce composition data disclosure. North Dakota's Attorney General clarified that agencies aren't obligated to recreate missing records, as seen in a school district's compliance with open records laws. In Tennessee, a court rejected broad Exemption 4 claims by the Tennessee Valley Authority regarding a gas pipeline project, emphasizing the need for specific justifications. Meanwhile, Washington state grapples with AI and surveillance data challenges, prompting updates to public records management practices and potential legislative action.

📚 Sources:

• https://www.foiaadvisor.com/foia-blog/2026/1/12/court-opinion-issued-jan-9-2026
• https://www.foiaadvisor.com/foia-blog/2026/1/14/foia-news-litigation-over-eeo-1-reports-continues
• https://www.kvrr.com/2026/01/15/nd-attorney-general-issues-opinion-on-open-records-request-of-williston-school-district/
• https://www.foiaadvisor.com/foia-blog/2026/1/15/court-opinions-issued-jan-12-2026
• https://mrsc.org/stay-informed/mrsc-insight/january-2026/pra-2025