Legal and Legislative Challenges to EPA’s FOIA Restrictions

By Libby Dimenstein, Harvard Law Sch., Feb. 26, 2020

In June 2019, EPA limited access to public records through the Freedom of Information Act (FOIA) process. The new rule, which was published without public input, allows EPA political appointees to review documents produced in response to FOIA requests and withhold portions of documents they deem “unresponsive” (not relevant to the request). 

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A number of organizations are challenging EPA’s actions in court. Just days before the rule took effect, two coalitions of environmental groups sued the agency. Center for Biological Diversity v. EPA, No. 19-cv-02198 (D.D.C.); Ecological Rights Foundation v. EPA, No. 19-cv-4242 (N.D. Cal.). An ethics watchdog group also sued EPA with substantially the same claims.

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