Citizens for Responsibility & Ethics v. Federal Election Commission
404 U.S. App. D.C. 275
| D.C. Cir. | 2013Background
- CREW submitted a FOIA request to the FEC seeking multiple records, including officials’ calendars and schedules.
- The FEC acknowledged the request and agreed to produce non-exempt records on a rolling basis but did not provide a scope of production or exemptions in 20 days.
- By May 23 CREW had not received documents or a detailed scope of production; CREW sued in district court.
- The FEC later produced documents in June and notified CREW that a final decision letter would come with appeal rights.
- The district court granted summary judgment for FEC on exhaustion grounds; the D.C. Circuit reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does FOIA exhaustion apply by statute? | CREW: determination within 20 days must be substantive | FEC: determination may be future intent to produce | Exhaustion triggered when an agency makes a substantive determination within 20 days. |
| What constitutes a valid determination under 5 U.S.C. § 552(a)(6)(A)(i)? | Determine scope of documents and exemptions within period | Statement of future production suffices | Determination must specify scope of production and withheld documents with reasons. |
| Does unusual circumstances toll the exhaustion requirement? | The safety valve allows delay while responding | Unusual circumstances justify postponement | Unusual circumstances may extend time to 30 days but do not replace substantive determination. |
| Is CREW's suit moot after partial production, or does it challenge withholding? | Challenge ongoing withholding and timeliness | Production moots timing claims | Case not moot; ongoing challenge to withholding persists. |
Key Cases Cited
- Hidalgo v. FBI, 344 F.3d 1256 (D.C. Cir. 2003) (Exhaustion hinges on timely, substantive determinations)
- Oglesby v. Department of the Army, 920 F.2d 57 (D.C. Cir. 1990) (Decisions on determinations and processing timelines)
- Spannaus v. DOJ, 824 F.2d 52 (D.C. Cir. 1987) (Vaughn indices and agency declarations in FOIA)
- Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976) (Exceptional circumstances safety valve in FOIA)
- Milner v. Department of the Navy, 131 S. Ct. 1259 (Sup. Ct. 2011) (Judicially enforceable FOIA timelines)