"Katrina Only Latest Example of Feds Withholding Environmental Data"

Society of Environmental Journalists

JENKINTOWN, Pa., Sept. 12 — It's been more than a
week since The Times-Picayune newspaper of New Orleans turned in desperation
to the federal Freedom of Information Act (FOIA) to answer a basic question:
Where are dangerous chemicals leaking as a result of Hurricane Katrina?

The paper's lead hurricane reporter, Mark Schleifstein, had been asking
the U.S. Environmental Protection Agency that question for days — without an
answer. So he filed a request under FOIA. Even though the federal statute
provides for "expedited review" when a situation "could reasonably be expected
to pose an imminent threat to the life or physical safety" of the public, he
still has not received a response.The request by Schleifstein, a member of the Society of Environmental
Journalists' board of directors, was followed by similar queries from other
reporters.

A study of SEJ members' experiences with FOIA released today suggests the
journalists face a long, frustrating wait — and still may not get the
information they're seeking.

Government compliance with FOIA appears to be deteriorating in the
aftermath of the Sept. 11, 2001, terrorist attacks, according to the SEJ
report being released today, "A Flawed Tool — Environmental Reporters'
Experiences with the Freedom of Information Act."

Volunteers with SEJ's First Amendment Task Force interviewed 55 SEJ
members, finding that excessive delays in releasing information are common —
with some FOIA requests taking more than a year to fulfill.

Even when documents are turned over, agencies frequently black out huge
amounts of information.

In a new twist, agencies have also started refusing in some cases to
process a reporter's request until they ponder whether the journalist is
entitled to a waiver of search fees — even though such waivers are mandated
by the federal statute.

Perhaps even worse, agencies have started requiring journalists to use the
cumbersome, time-consuming FOIA process to obtain information once freely
disclosed.

Partially because of the problems highlighted, more than half the SEJ
members interviewed said they don't use FOIA. The study team targeted
investigative reporters in SEJ's ranks. Presumably, FOIA use is even less
prevalent among SEJ members generally.

"This report clearly shows that Congress needs to take action to make sure
agencies are complying with the Freedom of Information Act, and should set up
a system to punish those that aren't," said SEJ President Perry Beeman, who
covers environment for The Des Moines Register. "Freedom of information is a
basic American right, one that cannot be watered down by the incompetence,
arrogance or indifference of bureaucrats."

SEJ urges other journalism groups to undertake similar efforts to document
problems with FOIA use.

SEJ members experiencing problems using FOIA should contact the First
Amendment Task Force. (See here.)

EPA officials held a press conference last week to address pollution in
New Orleans floodwaters, and late in the week released some water-quality
testing results. But they still have not fulfilled the reporters' FOIA request
and answer that basic question: Where are dangerous chemicals leaking as a
result of Hurricane Katrina?

[SEJ is the world's oldest and largest organization of individual working
journalists covering environmental affairs. Founded in 1990 and based in
Jenkintown, Pa., its membership is composed of more than 1,450 journalists,
educators and students dedicated to improving the quality, accuracy and
visibility of environmental reporting.
The group's membership guidelines exclude any person paid to lobby or do
public relations on any side of environmental issues.

SEJ's report is here. Links
to the group's letter to EPA and an op-ed by Beeman are
here.