ANALYSIS: Will Public Information Suits Clean Up Standing Mess?

It’s been nearly five years after the US Supreme Court clarified what’s required to satisfy the injury-in-fact component of Article III standing in suits premised on statutory rights to information, yet substantial confusion remains. Courts are still grappling with how the 2021 decision in TransUnion LLC v. Ramirez applies in suits that, unlike TransUnion itself, involve the denial of information subject to public disclosure laws like FOIA and the Federal Advisory Committee Act.

Earlier this month, the high court passed on an opportunity to shed light on this issue. But recent “informational injury” suits challenging federal executive agency action ...