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Federal Energy Regulatory Commission

Legal Resources FOIA & CEII FOIA Freedom of Information Act Guide

Judicial Review
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If you still believe that the Commission has not handled your FOIA request in accordance with the law, you have the right to challenge the agency's action in a lawsuit filed in Federal Court, through the litigation process known as "judicial review."

Before doing so, you should first file an administrative appeal and wait to receive a response. The final administrative response letter will advise you of your right to seek judicial review and will specify where you can do so.

If the Commission fails to respond to either your initial request or your appeal within the time limits outlined you may file suit as soon as the time limits have expired. You have six years to file suit.

Lastly, please understand that attorneys and employees of the Commission are prohibited from giving legal advice to members of the public on any matters, including Freedom of Information Act litigation.

You may file your suit in a Federal District Court in any of the following places:

  1. Where you reside;
  2. Where you have your principal place of business (if any);
  3. In the District of Columbia; or
  4. Where the records are located, if they are not located in Washington D.C.