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FREEDOM OF INFORMATION, SUNSHINE, ADVISORY COMMITTEES Thomas M. Susman David C. Vladeck The Freedom of Information Act 1 Judicial Review 71 Suits to Enjoin Disclosure (“Reverse-FOIA” Cases) 79 Federal Advisory Committee Act 85 Government in the Sunshine Act 92 Section of Administrative Law and Regulatory Practice American Bar Association This Chapter accompanies the Blackletter statement of law approved in May 2001by the council of the Section of Administrative Law and Regulatory Practice. The views expressed herein, however, should not be ascribed to the Section or the American Bar Association.  American Bar Association Section on Administrative Law Regulatory Practice Statement of Administrative Law Chapter ____ Freedom of Information, Sunshine, Advisory Committees The Freedom of Information Act Overview of FOIA. The Freedom of Information Act (“FOIA”), 5 U.S.C. §?552, was enacted in 1966 as an amendment to the Administrative Procedure Act to provide a statutory basis for public access to government information. The statute establishes a presumption that all records of governmental agencies are accessible to the public unless they are specifically exempted from disclosure by FOIA or another statute. The principles of openness and accountability underlying FOIA, however, are inherent in the democratic ideal: “The basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.” NLRB v. Robbins Tire Rubber Co., 437 U.S. 214, 242 (1978).* FOIA imposes a tripartite scheme of disclosure: Certain information must be published in the Federal Register. Section 552(a)(1) requires agencies to publish descriptions of agency organization; procedures for the public to obtain information; statements of agency function; rules of procedure; descriptions of agency forms; substa