A federal judge has ruled against the U.S. Department of Energy, striking down an agency policy that threatened to close pending Freedom of Information Act requests if applicants did not explicitly write in to reconfirm their interest.

Background of the Case

The dispute stems from an August 14, 2025, notice published by the Department of Energy in the Federal Register. Under the policy, anyone with a pending FOIA request submitted to headquarters prior to October 1, 2024, was given 30 days to email the agency with specific tracking numbers to confirm they still wanted the records.

The agency stated that failure to respond within the timeframe would result in no further action and the potential administrative closure of the file. The agency cited a growing backlog as the primary reason for the policy, noting in court records that its incoming FOIA requests had tripled over four years, reaching over 4,000 in fiscal year 2024 and an expected 5,000 or more in fiscal year 2025.

Judge’s Ruling

U.S. District Judge Amy Berman Jackson ruled that the Department of Energy exceeded its legal authority under federal transparency law when it issued a blanket notice requiring requesters to take extra steps to keep older files active. Judge Jackson wrote that nothing in the text of the Freedom of Information Act permits an agency to require requesters to reassert their interest en masse or risk losing their place in line.

While efficient disclosure is a legitimate goal, Judge Jackson noted that the Department of Energy did not have authority under FOIA to compel all individuals and organizations with requests of a certain age to manifest their continuing interest. The court denied the government’s motion to dismiss and granted summary judgment in favor of American Oversight, officially setting aside the Department of Energy’s notice.

Original reporting: Tampa Free Press — read the source article.