2/8/2019
By Olivia Green and Alma Lowry
On December 28 — in the hectic time between major holidays AND during the federal shutdown — the Department of Interior (DOI) published a notice of its intent to make expansive changes in how it shares information with the public. Rather than the standard 45 to 60 days, the public had only one month to review the proposed changes to these Freedom of Information Act (FOIA) regulations and submit comments. Thanks to the hard work of the Southern Environmental Law Center, the Wilderness Society, Public Employees for Environmental Responsibility, and several other environmental groups that took the lead in drafting comments, ASLF was able to make its voice heard on these troubling regulations, which would limit the transparency of DOI decision-making.
FOIA was enacted to ensure that the public could understand federal agency actions by providing access to their written records. FOIA regulations guide how agencies respond to information requests from the public, including environmental advocates and journalists. DOI’s proposed changes would allow DOI agencies (e.g., Bureau of Land Management, National Park Service, Bureau of Reclamation) to reject record requests they deem “unreasonably burdensome” or those that would require “inspection of a vast quantity of material,” among other major transparency rollbacks. Unfortunately, in the past two years, DOI has characterized even simple requests for a single report as “excessive or voluminous” to justify months-long delays in the release of the information. ASLF was concerned that enshrining an exception for “unduly burdensome” requests in DOI’s FOIA regulations, along with other revisions, would only invite more foot-dragging and secrecy.
The original deadline for comments was January 28, the first day back for furloughed federal employees. No DOI staff was available to answer questions or provide assistance during the shutdown, and the public was left wondering if there would be an extension to comment. Once the government reopened, DOI issued a one day extension, citing technical glitches on the commenting platform.
ASLF joined 145 other organizations from across the country in opposing these major rollbacks in government transparency and the process by which they were made public. ASLF is committed to protecting avenues for public engagement and will continue to advocate for transparent, accountable government agencies. We invite you to join us!