How to Pursue FOIA Litigation When a Federal Agency Fails to Respond
July 14, 2025
The Freedom of Information Act (FOIA) is a powerful law that allows anyone—journalists, researchers, businesses, or everyday citizens—to request access to government records from federal agencies.
But what happens when you send a FOIA request and the agency simply doesn’t respond? Unfortunately, this is a common problem. When a federal agency fails to respond to your FOIA request, it can leave you stuck, unable to secure the information you need. That’s where FOIA litigation comes in.
Understanding how to handle a federal agency’s silence can help you protect your rights and obtain the information you’re entitled to.
I’m Michael Kuzma, a Buffalo, New York, attorney with extensive experience in government transparency and public records law. I’ve helped many clients work through the intricacies of the Freedom of Information Act, making sure agencies meet their legal obligations to provide the information they’re required to disclose.
With a strong background in FOIA litigation and federal court procedures, I’m committed to holding government agencies accountable and fighting for your right to access important documents. Here, I’ll explain what you can do if your FOIA request is ignored, what the process of FOIA litigation looks like, and how an experienced attorney like me can help.
What to Do When a Federal Agency Doesn’t Respond to Your FOIA Request
Federal agencies are legally required to respond to FOIA requests within 20 business days. This response either provides the documents you asked for, explains why they can’t release some or all of the sought-after information, or acknowledges that the request is being processed.
If 20 business days have passed and you still haven’t heard back, the law treats this as a “constructive denial,” which means the agency is effectively refusing to comply. You have the right to take further action, but it’s important to be patient and strategic:
Wait at least 30 days: Sometimes agencies have internal delays, so waiting about a month after the deadline can avoid unnecessary litigation.
Check your request: Make sure your request was clear and specific. Vague or overly broad requests may be delayed or denied.
Follow up with the agency: Sometimes a polite follow-up call or email may prompt a response.
Consider filing an appeal: Many agencies have an internal FOIA appeals process that can be a faster way to get results.
If these efforts don’t lead to a response, pursuing FOIA litigation is often the most effective way to compel the agency to fulfill its legal obligation. Consulting an experienced attorney can help you work through this process and increase your chances of success..
What Is FOIA Litigation and Why Might You Need It?
FOIA litigation is a lawsuit filed in federal court to compel an agency to respond to your FOIA request or release the requested documents. It is an important legal tool when administrative efforts fail.
This process allows requesters to seek judicial review and obtain a binding court order requiring the agency to comply with the FOIA’s disclosure requirements. Litigation may also help challenge improper use of exemptions or unreasonable delays, confirming greater government transparency and accountability.
You might consider FOIA litigation if:
The agency never responded to your request.
The agency’s response was incomplete or unreasonable.
The agency wrongly denied your request by invoking one or more FOIA exemptions.
Litigation can be intimidating, but with the right legal help, it can be an effective way to hold government agencies accountable and access the information you need. A skilled attorney will be able to guide you through the intricate legal process, protect your rights, and increase your chances of a successful outcome.
A Step-by-Step Overview of How FOIA Litigation Works
If you decide to move forward with FOIA litigation, here’s what the process usually involves:
Confirm non-response: Document that the agency failed to respond within 20 business days. Keep copies of your original request and any follow-up correspondence.
Consult an attorney: An attorney experienced in FOIA cases will review your request and determine the most effective strategy.
File a complaint in federal court: The complaint will ask the court to order the agency to produce the documents.
Agency’s response and motions: The agency may file motions to dismiss or argue that some documents are protected by one or more FOIA exemptions.
Discovery and court arguments: Your attorney can challenge the agency’s claims, sometimes asking the court to review withheld documents in secret (in camera review).
Possible settlement or court order: Many cases settle with the agency agreeing to release documents, but the court can also order disclosure.
Throughout this process, having an experienced attorney by your side is crucial to overcoming the legal challenges and advocating effectively on your behalf. With the right guidance, FOIA litigation can lead to the successful release of important government information.
What You Should Know About FOIA Exemptions
Not all government records must be disclosed. FOIA has nine exemptions protecting sensitive information, such as:
National security secrets
Personal privacy details
Law enforcement investigations
Internal government communications
During FOIA litigation, agencies often rely on these exemptions to withhold information. However, exemptions are narrowly interpreted, and agencies must prove that withholding is justified. Your attorney will help evaluate whether the agency’s exemptions are legitimate or an improper excuse to hide information.
How an Attorney Can Help You with FOIA Litigation
Attempting FOIA litigation alone can be overwhelming. Here’s how an experienced attorney can assist: They bring in-depth knowledge of federal transparency laws and court procedures to build a strong case for you.
Their experience helps streamline the process, increasing the likelihood of obtaining the documents you need in a timely manner. Here’s how an attorney can assist:
Drafting clear FOIA requests: Crafting requests that reduce the risk of delay or denial.
Tracking deadlines and agency responses: Keeping your case moving forward.
Filing and managing litigation: Handling the detailed paperwork and court procedures.
Challenging agency exemptions: Arguing why your right to know outweighs claimed exemptions.
Negotiating settlements: Achieving faster, less costly resolution when possible.
Most importantly, an attorney can guide you through the process with confidence and make sure your rights are protected. With professional legal support, you can avoid common pitfalls and increase your chances of a successful outcome. Don’t hesitate to seek professional help to hold federal agencies accountable and secure the information you’re entitled to.
What You Should Have Ready to Take Legal Action
Before pursuing FOIA litigation, having the following documents and information will help your attorney assess your case and prepare your claim:
Copies of your original FOIA request(s)
Any agency correspondence or acknowledgment letters
A timeline showing when the request was made and when the agency failed to respond
Records of any follow-up communications you sent
Details about why you need the requested information (if relevant)
Gathering these materials beforehand will make sure your attorney can build a strong, well-supported case to effectively advocate for your rights.
Pursuing FOIA Litigation
If your FOIA request has been ignored, here’s a simple checklist to keep you on track:
Wait 20 business days plus an additional 10 days for agency response
Confirm your FOIA request was clear and properly directed
Follow up with the agency to confirm receipt and status
Consider filing an internal FOIA appeal (if applicable)
Gather all documentation related to your request
Consult with a FOIA litigation attorney to review your options
File a federal lawsuit to compel disclosure if necessary
Following this checklist can help you take timely and effective steps toward obtaining the information you’re entitled to under the law.
Don’t Let Agency Silence Stop You: Contact Me Today
When a federal agency fails to respond to your FOIA request, it can feel like a dead end. Working with a knowledgeable attorney can make all the difference. I serve clients who are frustrated by FOIA delays or denials. Remember, FOIA is your right—don’t let it go unused. Reach out to me, Attorney Michael Kuzma, to discuss your case and explore options for obtaining the information you need.