FOIA and Environmental Records in the United States

FOIA and Environmental Records in Environmental Law

Environmental laws frequently require permits for polluting activities. They also mandate reports and registration, even when permits are not necessary. The result of the in pouring of paperwork is collection of massive amounts of records. An interested party can target an industry or a particular business and obtain information it can then use to sue, as evidence in an ongoing lawsuit, or to put pressure on the Environmental Protection Agency to enforce. See citizen’s suits.

Since the Freedom of Information Act does not require the requesting party to give reasons for its request, businesses can also use the information to obtain information about competitors. Although trade secrets are protected to an extent, the protection is limited, and most of the information provided to the EPA will not fall into an exemption.

Freedom of Information Act inquiries are enormously helpful to citizen groups and public interest groups. Once the information is analyzed, the groups are informed enough to determine whether a fight is worthwhile. The Freedom of Information Act also provides a way for an interested person or organization to find out through agency records how an agency views different laws. Regulations are often complex, and the regulated community can only read what is published in the Federal Register and interpret the words. However, the agency may issue memos interpreting the regulations, or it may have produced guidance documents for employees. These documents are invaluable to people who are trying to use the rule, and they are available under FOIA.
Based on “Environment and the Law. A Dictionary”.