American Oversight Sues Trump Administration Over Unlawful Effort to Shut Down FOIA Requests

On Wednesday, American Oversight filed suit against the U.S. Department of Energy (DOE) for its unlawful attempt to evade its obligations to answer requests under the Freedom of Information Act (FOIA) by requiring requesters to re-confirm their interest in pending FOIA requests — a move by the Trump administration that could result in countless unlawfully closed FOIA requests submitted by media outlets, nonpartisan organizations, and members of the public.

On August 14, DOE announced that those with FOIA requests submitted prior to October 1, 2024, must affirmatively email the agency within 30 days to keep those requests open. Requests that are not “confirmed” risk being closed, regardless of their importance to public interest or how long they have been pending. American Oversight’s lawsuit argues that this unlawful requirement exceeds DOE’s authority under FOIA, violates the Administrative Procedure Act (APA), and undermines Congress’ clear intent that agencies process public records requests in a timely manner.

“FOIA exists as a mechanism for the public to access the truth — not to give agencies new tricks to hide it.The Trump administration doesn’t get to invent new hoops for the public to jump through to obtain lawfully requested government records,” said Chioma Chukwu, Executive Director of American Oversight. “It appears that the Department of Energy is being used by the administration as a trial balloon for dismantling FOIA, and if the court doesn’t step in now, this unlawful policy will spread and gut the public’s right to know across the federal government.”

DOE’s new requirement would directly impact outstanding requests that American Oversight submitted to the agency before October 1, 2024, which have already been languishing due to DOE’s failure to turn over requested records for nearly a year or longer. The burden DOE seeks to shift onto requesters has no basis in law — FOIA requires agencies to respond to valid requests, not condition them on new and arbitrary hurdles.

The danger extends far beyond American Oversight. DOE has only said it will notify those requesters with email addresses on file, potentially leaving many others — including individuals and organizations who submitted requests by mail, fax, or web form — with no direct contact warning that their requests will soon be closed. As a result, untold numbers of properly submitted requests could be closed without requesters ever knowing their right to public records was cut off.

DOE issued its rule without any opportunity for public notice and comment, in violation of the APA. If allowed to stand, the rule would not only erase years’ worth of valid requests but also set a dangerous precedent, inviting other agencies to sidestep their obligations under FOIA. The effect would be to deprive the public of critical information about government operations — precisely what Congress designed FOIA to prevent.

American Oversight is asking the U.S. District Court for the District of Columbia to block DOE from implementing the rule, set aside the agency’s unlawful action, and ensure that DOE fulfills its legal obligation to properly process FOIA requests.