This week on FOIA News, we delve into the ongoing policy battles across several states driven by resource pressure and cost recovery. New federal data highlights a stark contrast in FOIA performance between the Department of Education and the SEC, with the latter showing significantly better efficiency in handling requests.

In New Hampshire, legislators have paused a body camera bill to address unresolved issues around access, evidence integrity, and funding, opting for an interim study to ensure comprehensive stakeholder input.

In Nevada, Carson City's proposal to impose new fees on public records requests has sparked legal challenges, with transparency advocates arguing it violates state law. The Nevada Press Association warns of inevitable litigation if the fees are adopted.

Meanwhile, Vermont's Montpelier City Council is considering new strategies to manage the high volume of public records requests, including potential state legislation to authorize charges for staff time. The Vermont Journalism Coalition opposes these measures, emphasizing the importance of timely access to public records for transparency.

📚 Sources:

• https://www.foiaadvisor.com/foia-blog/2026/2/12/foia-news-more-annual-reports
• https://citizenportal.ai/articles/7417898/New-Hampshire/Panel-approves-interim-study-on-police-body-camera-policy?source=bluesky&loc=NH
• https://www.carsonnow.org/02/18/2026/government-transparency-watchdogs-say-carson-city-proposed-fees-will-be-litigated-its-just-a-matter-of-when
• https://thebridgevt.org/2026/02/one-persons-public-records-requests-cost-city-hall-hundreds-of-hours/

This week, significant developments in public records law unfolded across the United States. In California, the Supreme Court ruled that agencies remain accountable for their record-keeping practices even when records no longer exist, emphasizing that declaratory relief is still available to challenge exemption claims. Meanwhile, New Mexico is advancing legislation to tackle a statewide records backlog, proposing a task force to explore software solutions and process improvements. On the federal level, two district court rulings addressed attorney fee liability and litigation delays, highlighting the importance of process discipline and resource constraints in public records cases. These developments underscore the ongoing challenges and evolving legal landscape surrounding public records access and accountability.

📚 Sources:

• https://www.foiaadvisor.com/foia-blog/2026/2/6/court-opinion-issued-feb-5-2026
• https://www.abqjournal.com/news/bill-that-would-create-task-force-to-re-examine-streamline-public-records-requests-moves-to-nm-house/2976254
• https://sanjosespotlight.com/gilroy-case-ruling-strengthens-california-public-records-law/

This week on our podcast, we delve into transparency in public records. In Rhode Island, candidates for attorney general are weighing in on proposed changes to the Access to Public Records Act and a bill to release traffic accident data. Candidates like Kim Ahern and Jason Knight emphasize transparency, while others call for careful study to avoid unintended consequences.

In Michigan, journalist Charlie LeDuff has sued Attorney General Dana Nessel over delays in Freedom of Information Act requests, particularly concerning COVID-19 nursing home records. LeDuff challenges the "grant-and-delay" tactic and seeks timely responses and reasonable costs.

Finally, in Tennessee, the Court of Appeals has ruled that writings from the Covenant School shooter must be released as public records, overturning a lower court decision. The case will return to Chancery Court for redaction oversight, with the potential release of all writings and investigative documents.

📚 Sources:

• https://www.bostonglobe.com/2026/02/02/metro/open-records-overhaul-debate-attorney-general-candidates-ri/?event=event12
• https://san.com/cc/michigan-sued-for-covid-era-nursing-home-files-after-shirking-foia-law/
• https://tennesseestar.com/covenant-school-shooting/michael-patrick-leahy-calls-appeals-court-ruling-in-covenant-case-a-major-victory-for-public-records/khousler/2026/02/05/