News & Analysis as of August 31, 2025

Freedom of Information Act › Environmental Protection Agency (EPA)

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The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version. less -

U.S. Greenhouse Gas Inventory/Environmental Defense Fund Freedom of Information Act Request: U.S. Environmental Protection Agency...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/13/2025

The Environmental Defense Fund (“EDF”) announced in a May 8th news release that the United States Environmental Protection Agency (“EPA”) released the latest U.S. Greenhouse Gas Inventory (“GGI”)....more

Industrial Company Files Action Challenging EPA Disclosure of Confidential Business Information Submitted to EPA During...

Farella Braun + Martel LLP on 4/15/2025

On April 2, 2025, Inhance Technologies LLC initiated an action in the U.S. District Court for the District of Columbia—Inhance Technologies LLC v. Zeldin, Case No. 1:25-cv-00980-JEB—challenging EPA’s refusal to withhold...more

EPA Issues Solicitation for Clean Air Act Section 112 Presidential Exemptions

Latham & Watkins LLP on 3/31/2025

EPA’s electronic mailbox is open for requests from stationary sources until March 31. In March 2025, the United States Environmental Protection Agency (EPA) announced that it has set up an electronic mailbox to allow...more

Ten Strategies to Use When eNGOs FOIA EPA to Prepare for Citizen Suits

Beveridge & Diamond PC on 2/24/2025

Environmental non-governmental organizations (eNGOs) looking to develop citizen suits typically first mine publicly available compliance information companies must submit to state and federal environmental agencies. eNGOs...more

Food and Beverage Litigation and Regulatory Update - October 2024

Shook, Hardy & Bacon L.L.P. on 10/4/2024

BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims....more

U.S. District Court in DC Breaks New Ground for TSCA Transparency

Wiley Rein LLP on 9/20/2024

The U.S. District Court for the District of Columbia recently found, in what it described as a “question of first impression,” that Section 5(b)(3) of the Toxic Substances Control Act (TSCA), a provision requiring public...more

Process Improvement to Release Data Evaluation Records

Bergeson & Campbell, P.C. on 11/20/2023

On November 14, 2023, the Pesticide Registration Improvement Act (PRIA) Coalition hosted a webinar for the U.S. Environmental Protection Agency (EPA) to provide an overview of the process improvement to release Data...more

Confidential Business Information/Toxic Substance Control Act: Environmental Defense Fund Opening D.C. Circuit Court of Appeals...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/14/2023

The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more

EPA Updates FOIA Regs to Promote Transparency and Affordability of Information Concerning Environmental Justice Issues

Goldberg Segalla on 9/14/2023

On September 7, 2023, the U.S. Environmental Protection Agency announced that it was updating its Freedom of Information Act (FOIA) regulations through its Phase II FOIA final rule. This “modernization,” is part of EPA’s...more

EPA Announces Reversal of Policy Regarding Availability of Pesticide Incident Information

Wiley Rein LLP on 7/31/2023

On Thursday, July 27, 2023, the U.S. Environmental Protection Agency (EPA) announced an important change in policy for making alleged adverse incident reports on pesticides available to the public. EPA informed registrants...more

Liquid Animal Waste Management Systems/Nutrient Management Plans: Legislation Introduced Transferring Agency Authority for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/30/2023

House Bill (“HB”) 1706 and 1707 have been introduced which address issues associated with liquid waste management systems permitting and nutrient management plans. Both bills are sponsored by Representative Vaught and...more

EPA Proposes Expedited Release of Environmental Justice Data

ArentFox Schiff on 11/29/2022

The Freedom of Information Act (FOIA) was passed to help citizens stay informed about government activities. While improving the availability of information under FOIA has been a long-term goal for the executive branch,...more

Industry Awaits as the TSCA PFAS Reporting Rule Looms

Pillsbury Winthrop Shaw Pittman LLP on 10/4/2022

EPA has proposed a special one-time reporting rule that will require businesses to go on record with the agency memorializing their contributions to PFAS in the marketplace. The final PFAS reporting rule is expected to be...more

How to Respond to an EPA or PADEP PFAS Information Request

Fox Rothschild LLP on 7/15/2022

As part of its “PFAS Strategic Roadmap,” EPA has stated that it intends to designate PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Responses, Compensation, and Liability Act (CERCLA). EPA took...more

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

King & Spalding on 6/7/2022

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

Pillsbury - Gravel2Gavel Construction & Real... on 3/25/2021

The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Supreme Court Issues Opinion Expanding the Scope of FOIA Exemption

Snell & Wilmer on 3/16/2021

A common tactic by competitors is to seek adversaries’ (or even supply-chain partners’) data that is maintained by the United States, an individual state, or even municipal governmental agencies. These efforts are meant to...more

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

WilmerHale on 3/15/2021

On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

Supreme Court Protects Drafts Under Deliberative Process Privilege

Stinson LLP on 3/9/2021

Last week, in Justice Amy Coney Barrett’s first signed opinion, the U.S. Supreme Court expanded the deliberative process privilege under exception 5 of the Freedom of Information Act (FOIA), limiting litigants’ ability to...more

The Supreme Court – March 4, 2021

Dorsey & Whitney LLP on 3/5/2021

Today, the Supreme Court of the United States issued the following two decisions: United States Fish and Wildlife Serv. v. Sierra Club, Inc., No. 19-547: The Sierra Club submitted Freedom of Information Act (“FOIA”)...more

Supreme Court Sides with Agency on Deliberative Process Privilege

Troutman Pepper Locke on 3/5/2021

Today, in U.S. Fish and Wildlife Service et al. v. Sierra Club Inc., Case No. 19-547, the United States Supreme Court struck down a Ninth Circuit Court of Appeals’ ruling that the federal government was required to turn over...more

Supreme Court Decides United States Fish and Wildlife Service et al. v. Sierra Club, Inc.

Faegre Drinker Biddle & Reath LLP on 3/5/2021

On March 4, 2021, the U.S. Supreme Court decided United States Fish and Wildlife Service et al. v. Sierra Club, Inc., holding that the deliberative process privilege exemption in the Freedom of Information Act (FOIA) protects...more

Confidentiality of Water Quality Management Plans in Texas

Jackson Walker on 6/24/2020

The Texas State Soil & Water Conservation Board (Soil Board) is responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural nonpoint source pollution in the state of Texas, as...more

COVID-19: EPA, Other Federal Agencies Continue Processing FOIA Requests—For Now

Morgan Lewis on 3/23/2020

In response to heightened Freedom of Information Act (FOIA) activity since 2012, federal agencies have increased their FOIA staff by 21%. This staffing increase has contributed to a nearly 70% surge in federal government...more

U.S. Chemical Safety Board’s Proposed Accidental Release Reporting Rule

Pillsbury Winthrop Shaw Pittman LLP on 2/10/2020

TAKEAWAYS - The proposed rule requires reports of any accidental releases “resulting in a fatality, serious injury or substantial property damage.” - Under the proposed rule, a report to the National Response Center (NRC)...more

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Freedom of Information Act › Environmental Protection Agency (EPA)

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