University of Miami Law Review


The United States Court of Appeals for the District of Columbia Circuit has interpreted the 1974 amended time provisions of The Freedom of Information Act to mean that under exceptional circumstances, where an agency diligently processes requests for information but physically cannot comply with the restricted time limits, a court may grant the agency additional time. The author suggests that the court's holding avoids a political question that a less narrow holding would embrace. If the amendments are to retain their force, Congress may need to clarify the emphasis it intends for agencies to place on the screening of requests as opposed to the performance of their normal regulatory duties.