November 29, 2020

Volume X, Number 334


Texas Among States Alleging EPA Noncompliance with Freedom of Information Act (FOIA) Regarding Records of Negotiation/Settlement with Nongovernmental Organizations (NGOs)

On July 16, 2013, the Texas Attorney General, along with eleven other states, filed a complaintagainst the United States Environmental Protection Agency ("EPA") to compel compliance with the Freedom of Information Act ("FOIA"). See Pruitt v. EPA, Docket No. 5:13-cv-0726 (W.D. Okla. 2013). Earlier this year, the States had filed FOIA requests relating to EPA’s negotiations with nongovernmental organizations ("NGOs") under the Clean Air Act Regional Haze program, given concerns that EPA’s policy of settling lawsuits via consent decree was effectively excluding the States from the intended cooperative implementation process. In May 2013, EPA denied the FOIA request as overly broad. The States now seek an order requiring EPA to process the States’ FOIA request, conduct a thorough search for responsive records, disclose the requested records, and waive the processing fee. Additional information on this action can be found on the Oklahoma Office of the Attorney General's website.

© 2020 Beveridge & Diamond PC National Law Review, Volume III, Number 212



About this Author

Nicole B. Weinstein Insurance Recovery & Environmental Litigation Attorney Beveridge & Diamond New York, NY

Nicole B. Weinstein helps clients minimize and eliminate liability for contaminated sites in litigation, and to recover insurance proceeds across industries.

Nicole's practice focuses on insurance recovery and environmental litigation. She excels at identifying avenues of defense and coverage, and in distilling complicated issues into understandable terms.

Nicole has been interested in environmental matters for as long as she can remember, and has always enjoyed thinking through complex challenges. She planned to become an environmental lawyer as a student, and after...

Laura L. LaValle Clean Air Act Attorney Beveridge & Diamond Austin, TX
Office Managing Principal

Laura's practice has focused on Clean Air Act matters for over 20 years.

Laura's air quality experience includes advising and representing entities on a broad range of permitting, compliance, and policy issues. She has represented chemical manufacturing operations, electric utilities, petroleum refineries, oil and gas pipelines and terminal facilities, alternative/renewable energy operations including solar energy projects, landfills and waste combustors, steel manufacturing facilities, mining operations, and other facility types regarding federal and state permitting and compliance...