43 C.F.R. § 2.58
How long do you have to file an appeal?
(a) Appeals covered by § 2.57(a)(1) through (5) of this subpart must be received by the FOIA Appeals Officer no later than 90 workdays from the date of the final response.
(b) Appeals covered by § 2.57(a)(6) of this subpart must be received by the FOIA Appeals Officer no later than 90 workdays from the date of the letter denying the fee waiver.
(c) Appeals covered by § 2.57(a)(7) of this subpart may be filed any time after the time limit for responding to the request has passed.
(d) Appeals covered by § 2.57(a)(8) of this subpart should be filed as soon as possible.
(e) Appeals arriving or delivered after 5 p.m. Eastern Time, Monday through Friday, will be deemed received on the next workday.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2025 · leading case: Kenny v. Porrino (D.N.J. 2021).
Kenny v. Porrino (D.N.J. 2021). “57; 43 C.F.R. § 2.58 (describing the timing for filing an appeal of the Service's decision to withhold records or deny a records request).”
Aland v. U.S Dep't of the Interior (N.D. Ill. 2025). “See 43 C.F.R. § 2.58 (a) (detailing the time limit for filing FOIA appeals challenging, among other things, bureaus’ determinations that they do not possess or cannot locate responsive records).”
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