Developments in courts, legislatures, the White House and Congress, of special interest to environmental journalists.
WASHINGTON, D.C. (February 24, 2004)
For news hounds, TGIF
The Bush administration's proclivity for Friday-afternoon
announcements of important policy is furthered when on the
afternoon of Friday, February 20, 2004, President Bush
announced that he was circumventing the Senate confirmation
process and appointing controversial judicial nominee
William H. Pryor Jr. to the federal bench. It was the
second such recess appointment to be made late on a Friday,
following last month's appointment of Charles W. Pickering Sr.
(The Washington Post)
http://www.washingtonpost.com/wp-dyn/articles/A491-2004Feb23.html
ALBUQUERQUE, N.M./WASHINGTON, D.C. (Dec. 16, 2002)
Los Alamos environment/safety whistleblower wins appeal
An employee of the Los Alamos Nuclear Laboratory who told news media about environmental, health and safety concerns will get back pay and attorney fees, the U.S. Department of Labor ruled. The worker, assisted by
Citizens Concerned for Nuclear Safety and the Government Accountability Project, got a lower pay raise after raising concerns publicly.
(RCFP)
http://www.rcfp.org/news/2002/1216gutier.html
WASHINGTON, D.C. (Oct. 18, 2002)
EPA responds to 49% of FOIA's within 20 days — 100X faster than Dept. of Energy
The Department of Energy takes longer than any other federal agency to process FOIA requests — a median of 2,009 days, or five and a half years, according to a fiscal year 2001 report by the Department of Justice Office of Information and Privacy. EPA, in comparison, responded to 49% of its requests within the statutory 20 days. EPA received 14,252 FOIA's last year and granted about two-thirds of them in full. The entire federal government received 2.2 million FOIA requests, spent $12.2 million responding, and ended the fiscal year with a backlog of 177,969, a 5% increase over the previous year.
(FAS Project on Government Secrecy,
2001 FOIA report,
EPA 2001 FOIA report)
WASHINGTON, D.C. (Sept. 20, 2002)
OMB stalls EPA release of children's environmental-health report
EPA has been ready to release a report, "America's Children and the Environment: Measures of Children and the Environment," since March 2002. However, the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) has been "reviewing" the report since then — the first time that office has involved itself in shaping a scientific study. Critics say it's a harbinger of things to come in the Bush Administration.
(SEJ Tipsheet and OMB Watch)
http://www.sej.org/pub/index1.htm
and http://www.ombwatch.org/article/articleview/1061/1/150
WASHINGTON, D.C. (Sept. 6, 2002)
FERC moves to limit FOI, require third party nondisclosure
The Federal Energy Regulatory Commission on Thursday moved aggressively to stem the flow of information about proposed energy projects. FERC wants to make records on pipelines, electric transmission networks and power plants exempt from FOIA and in some cases require nondisclosure agreements by landowners, environmentalists and other people who receive the information.
(Greenwire; subsc. required)
http://www.eenews.net/Greenwire.htm
and http://www.ferc.gov/news/pressreleases/sept5critical.pdf
SOUTH CAROLINA (Sept. 2, 2002)
Judges: ban secret settlements
South Carolina's 10 active federal trial judges have unanimously voted to ban secret legal settlements, saying such agreements have made the courts complicit in hiding the truth about hazardous products, inept doctors and sexually abusive priests. Lawyers say the action is likely to influence other state and federal courts.
(The New York Times)
http://www.nytimes.com/2002/09/02/national/02JUDG.html?pagew
WASHINGTON, D.C. (July 26, 2002)
Compromise FOI amendment goes forward
Senators agreed to compromise language in a recent markup of
homeland security legislation that would give some protection to
critical infrastructure information. (RCFP)
http://www.rcfp.org/news/2002/0619hodges.html
SOUTH CAROLINA (June 19, 2002)
Media, energy officials reach agreement on nuclear
documents
Government attorneys permit media access to documents about
long-term plutonium storage at the Savannah River Site in
South Carolina. (RCFP)
http://www.rcfp.org/news/2002/0619hodges.html
NEW JERSEY/NORTH CAROLINA (April 2, 2002)
Two governors restrict media's access to state
officials
Governors in New Jersey and North Carolina issued orders
disallowing government officials from freely speaking on the
record to journalists about the states' budgets.
(RCFP)
http://www.rcfp.org/news/2002/0402govern.html
MONTANA (April 2002)
Agency says environmental groups' suit changes public
records status
The Montana Department of Livestock denied records
pertaining to the hazing of Yellowstone Park bison. The
department said the fact that the two environmental groups had
filed a federal lawsuit against the agency created a different
public records environment. As a result, the agency is
requiring the groups to seek records through the legal
"discovery" process.
(FF)
http://www.freedomforum.org/templates/document.asp?documentID=15912
WASHINGTON, D.C (March 19, 2002)
Panelists disagree on effect of Bush policies on openness
Open-government advocates and a Justice official debated
during FOI Act conference whether heightened scrutiny over
access is prudent policy or an unnecessary "information
lockdown."
(RCFP)
http://www.rcfp.org/news/2002/0319opengo.html
WASHINGTON, D.C. (March 19, 2002)
Leaks spark debate among journalists, legislative
staff
Panelists discussing media disclosure of government
information agree that potentially sensitive information
leaked to the press should be carefully considered before it
is published.
(RCFP)
http://www.rcfp.org/news/2002/0319leaks.html
WASHINGTON, D.C. (March 13, 2002)
National Archives releases huge cache of Reagan
papers
The White House allowed archivists to make more pages from
the Reagan presidency available to the public, but a lawsuit
seeks end of an order exerting rules for the release of
presidential records.
(RCFP)
http://www.rcfp.org/news/2002/0313americ.html
WASHINGTON, D.C. (March 7, 2002)
Court grants request for release of Energy Task Force
papers
A federal judge gave seven agencies until March 25 to start
handing over documents from Vice President Dick Cheney's task
force on energy policy to a public-interest group.
(RCFP)
http://www.rcfp.org/news/2002/0307judici.html
WASHINGTON, D.C. (March 3, 2002)
Judge chastises Energy Department, orders task force
records release
A federal judge asked "what in the world" the Energy
Department's Freedom of Information Office had been doing to
respond to an important request for information on the Energy
Task Force filed a year ago and ordered that records be
released.
(RCFP)
http://www.rcfp.org/news/2002/0303nrdcvd.html
WASHINGTON, D.C. (March 7, 2002)
Leahy seeks probe of federal FOI activity after Ashcroft
memo
A senator with longstanding interest in the federal Freedom
of Information Act has asked for an investigation of agency
FOI responses following a memorandum from the attorney general
that appears to support denials of FOI requests.
(RCFP)
http://www.rcfp.org/news/2002/0307asenat.html
WASHINGTON, D.C. (Feb 7, 2002)
GAO plans lawsuit for records from Cheney's energy task
force
The U.S. comptroller general said the General Accounting
Office will resort to filing a lawsuit — its first ever
against a federal official — because the White House refused
to disclose the names of industry executives advising the task
force.
(RCFP)
http://www.rcfp.org/news/2002/0207comgen.html
SOUTH CAROLINA (Feb. 7, 2002)
Journalists covering Greenpeace face April sentencing date
A photographer and videographer arrested on conspiracy
charges at an air force base in Southern California last July
avoided trial by pleading guilty to a misdemeanor trespassing
charge.
(RCFP)
http://www.rcfp.org/news/2002/0207morgan.html
ILLINOIS (Apr 25, 2001)
Open records law exemption does not cover health statistics
A state appeals court ruling allows a newspaper to continue
its investigation of cancer rates because the public benefit
of knowing the information outweighs the personal privacy
concerns. An Illinois appellate court determined a newspaper
is entitled to statistical data from the state's cancer
registry because releasing the information does not invade the
patient's privacy.
(RCFP)
http://www.rcfp.org/news/2001/0425southe.html
WASHINGTON, D.C. (April 28, 2000)
Rule would block environmental hazard information
The Environmental Protection Agency has proposed rules that
would sharply limit release of details of chemical accident
risks in communities.
(RCFP)
http://www.rcfp.org/news/2000/0428propos.html
NEW YORK (April 21, 1997)
Company can't keep EPA clean-water records secret
A lead smelting plant which ultimately discharges its waste
water into the Wallkill River cannot force the Environmental
Protection Agency to keep secret the company's records filed
with the EPA on its efforts to comply with the Clean Water
Act, a U.S. Court of Appeals in New York (2nd Cir.) ruled in
late March.
(RCFP)
http://www.rcfp.org/news/1997/0421g.html
PENNSYLVANIA (Dec. 18, 1995)
Disclosure of EPA cleanup records does not violate personal
privacy
Names and addresses of persons in Palmerton and Aquashicola
who allowed the EPA to take measures to reduce lead, zinc and
cadmium in the soil are public under the federal Freedom of
Information Act, and their release does not cause an
unwarranted intrusion on personal privacy, a federal District
Court in Philadelphia ruled in mid-November.
(RCFP)
http://www.rcfp.org/news/1995/1218m.html
WASHINGTON, D.C (Nov. 20, 1995)
Energy Department paid private firm to study, rank
reporters
The United States Department of Energy paid nearly $50,000
for a study of the media that included "favorability" ratings
for reporters and their sources, the department admitted after
the study was publicized in a Wall Street Journal article in
early November.
(RCFP)
http://www.rcfp.org/news/1995/1120a.html
WASHINGTON, D.C (Dec. 14, 1993)
Energy Dept. releases formerly secret records
In early December, Energy Secretary Hazel O'Leary revealed
secrets from the cold war that the government had held for up
to 50 years and she vowed to reverse agency policies that kept
the public in the dark on wide-reaching government experiments
with nuclear power.
(RCFP)
http://www.rcfp.org/news/1993/1214c.html
SOURCES:
Federal Energy Regulatory Commission (FERC)
Federation of American Scientists (FAS)
Freedom Forum (FF)
Greenwire
OMB Watch
Reporter's Committee for Freedom of the Press (RCFP)
SEJ's biweekly publication, TipSheet
The New York Times
U.S. Department of Justice
U.S. Environmental Protection Agency
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