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Freedom of Information – FOIA
The federal Freedom of Information Act (FOIA) is integral to NWEA’s work protecting human health and the environment. This is particularly true in recent years, when EPA and state regulatory agencies have erased most of the content of their websites. FOIA allows citizens and organizations to request documents that were prepared or in the possession of federal agencies in order to extract factual information, obtain decision documents, and gain insight into agency policies. FOIA, and similar state laws, are an essential part of a functioning democracy.
NWEA has used FOIA to obtain documents such as
• a draft national review of whether cyanide water quality standards protect threatened and endangered species across the country (they don’t).
• an email showing that EPA relied on an environmental group’s lawsuit to conclude that Oregon’s coastal pollution program was protecting against unsafe levels of pesticides (it doesn’t).
Unfortunately, many agencies are very slow to respond to FOIA requests and often fail to conduct complete searches for the documents requested, fail to respond within the time frames allowed by law, and withhold and redact information beyond what is legally allowed. This abuse of FOIA has led to many lawsuits across the country against agencies that resist being transparent to the citizens they serve. NWEA has had to resort to FOIA litigation in multiple instances, to obtain, for example:
• Documents pertaining to the U.S. Environmental Protection Agency’s (EPA) denial of NWEA’s petition to update Washington water quality standards for toxics, in 2019.
• Documents pertaining to EPA’s oversight and involvement in Puget Sound water quality, in 2019.
• Documents pertaining to federal funding of beaver killing operations from the Animal and Plant Health Inspection Service (APHIS), an agency of the U.S. Department of Agriculture, in 2018.
• Documents pertaining to U.S. Fish and Wildlife Service’s review of California water quality standards in 2017.
• Documents pertaining to the National Resource Conservation Service (NRCS) funding of groups promoting water pollution trading, in 2017.
• Documents pertaining to the EPA’s oversight of Oregon’s coastal nonpoint pollution control program, in 2015.
• Documents pertaining to EPA’s Agency Operating Guidances, in 2013.
NWEA to EPA: Are Hyporheic Zones for Cooling Fish or Discharges?
In a letter to the Environmental Protection Agency (EPA) on July 26th, NWEA asked the federal agency to consider why Oregon dischargers are being allowed to use hyporheic zones, which are supposed to be protected as thermal refuges for the protection of salmon, as...
NWEA Highlights Oregon’s Failure to Control Agricultural Pollution
With Oregon staring down a November 15, 2013 date on which two federal agencies must issue a proposed decision on the State’s coastal nonpoint pollution program, NWEA’s more recent letter describes Oregon’s nonpoint program failure to control agricultural pollution....
Federal Court Vacates Oregon’s Water Quality Temperature Standards
Over a year after a federal court ruled in NWEA’s favor on key provisions of Oregon's water quality temperature standards, an agreement between NWEA and EPA has resulted in two court orders – one in January and the second in April – in which the court has vacated the...
| FOIA Complaint Washington Toxic WQS Petition | June 8, 2019 | This FOIA Complaint alleges the U.S. EPA violated the Freedom of Information Act (“FOIA”) in responding... | FOIA, Court, EPA, WA Water Quality Standards, Washington | Download |
| Beaver FOIA Complaint II | October 8, 2018 | Beaver FOIA Complaint. This is an action against the Animal and Plant Health Inspection Service(“APHIS”)... | Court, Beavers, FOIA, Oregon | Download |
| Pruitt WOTUS Rule FOIA Complaint | April 9, 2018 | On February 5, 2018, Plaintiffs submitted a FOIA request to EPA, seeking records related to meetings... | Court, EPA, FOIA, National | Download |
| APHIS Beaver FOIA Complaint | January 30, 2018 | This is an action against the Animal and Plant Health Inspection Service (“APHIS”) for violations... | Court, Beavers, FOIA, Oregon | Download |
| USFWS FOIA Complaint | September 29, 2017 | NWEA challenges the unlawful acts of the U. S. Fish and Wildlife Service acting on behalf of the United... | Court, FOIA, FWS | Download |
| NRCS FOIA TFT Final Report | June 1, 2017 | Conservation Innovation Grants Program – Final Progress Report (June 2011 – December 2014)Submitted... | FOIA, Agriculture, The Freshwater Trust, TMDL, USDA Natural Resources Conservation Service | Download |
| NRCS FOIA Complaint | March 6, 2017 | On July 1, 2014, Advocates submitted a FOIA request to the U.S. Department of Agriculture (“USDA”)... | Court, FOIA, USDA Natural Resources Conservation Service, Water Pollution Trading | Download |
| NRCS FOIA TFT pitch | April 13, 2013 | NRCS internal email sent on April 23, 2013 containing background points from The Freshwater Trust contesting... | FOIA, Agriculture, The Freshwater Trust, TMDL, USDA Natural Resources Conservation Service, Water Pollution Trading | Download |
| NRCS FOIA Willamette Partnership Grant | September 27, 2012 | A USDA National Resource Conservation Services grant to the Willamette Partnership in the amount of $1,589,751... | FOIA, Agriculture, USDA Natural Resources Conservation Service, Water Pollution Trading | Download |