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March 3, 2015

EPA Scolded, but It Doesn’t Ensure Accountability

The EPA’s practice of trashing Freedom of Information Act inquiries, specifically from conservatives, was scolded by Judge Royce C. Lamberth on Monday, but the likelihood the ruling will change the agency’s behavior is smaller than the threat of polar ice caps disappearing. The Washington Times reports, “Lamberth said he couldn’t prove that officials intentionally destroyed documents, but he described as ‘absurdity’ the way the Environmental Protection Agency handled a Freedom of Information Act request from the Landmark Legal Foundation and then the court case stemming from it – including late last week admitting that it misled the court about how it went about searching for documents. In a scorching 25-page opinion, the judge accused the agency of insulting him by first claiming it had conducted a full search for records, then years later retracted that claim in a footnote to another document without giving any explanation for how it erred.” In his ruling, Lamberth wrote, “This court would implore the executive branch to take greater responsibility in ensuring that all EPA FOIA requests – regardless of the political affiliation of the requester – are treated with equal respect and conscientiousness.” That’s great, but since when did legal threats stop this administration’s agenda? Unfortunately, though we’re glad to see the courts provide some tough talk against the EPA, words aren’t enough. More…

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