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      FEC Record: Litigation
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      Appeals Court permits informational injury claim to proceed (CLC, et. al. v. FEC, 21-5081)

FEC Record: LitigationAppeals Court permits informational injury claim to proceed (*CLC, et. al. v. FEC*, 21-5081)May 10, 2022 On April 19, 2022, the United States Court of Appeals for the District of Columbia (appeals court) reversed a 2021 district court decision that dismissed a suit brought by Campaign Legal Center (CLC) and Catherine Hinckley Kelley (plaintiffs) against the Commission. Background On August 2, 2019, plaintiffs filed suit seeking injunctive and declaratory relief for the Commission’s dismissal of their administrative complaint against Correct the Record (CTR) and Hillary for America. In their complaint, they alleged informational injury as well as a violation of the Administrative Procedure Act (APA). The district court found they lacked standing and dismissed the APA claim because it challenged the Commission’s legal reasoning, rather than the "facial validity" of the regulations. Analysis The appeals court stated that contrary to the findings of the district court, the information sought by plaintiffs had not been previously disclosed on filings from CTR or Hillary for America. CTR disclosed its aggregated expenditures but did not indicate which were coordinated with the Clinton campaign. Because of this, there is no way to know what portion of the lump sum disclosures provide the information the plaintiffs sought. The appeals court noted that denying standing in circumstances of this sort would permit those who seek to circumvent full disclosure to block requests for information covered by FECA. The court concluded that plaintiffs have established an informational injury and have standing to challenge the Commission’s dismissal of their administrative complaint. Accordingly, the appeals court reversed the district court’s decision and remanded the case for further proceedings. Resources CLC v. FEC (21-5081) litigation page
 Author
          Christopher BergCommunications Specialist


Read next: District court dismisses End Citizens United PAC v. FEC (21-1665)
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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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