National Sunshine Week: March 16-22, 2008

Each year, "Sunshine Sunday" opens National Sunshine Week. During that time you will see an outpouring of news media coverage of Freedom of Information issues in all walks of life.

Participating daily and weekly newspapers, magazines, online sites, and radio and television broadcasters will feature editorials, op-eds, editorial cartoons, and news and feature stories that drive public discussion about why open government is important to everyone, not just to journalists.

Graphic courtesy University of Florida Ad Dept.

"This is not just an issue for the press. It's an issue for the public," said Andy Alexander, ASNE Freedom of Information chair, who is chief of the Cox Newspapers' Washington bureau. "An alarming amount of public information is being kept secret from citizens and the problem is increasing by the month. Not only do citizens have a right to know, they have a need to know."

The FOI Committee of the American Society of Newspaper Editors has provided key leadership in the Sunshine Week effort, as well as the Radio and Television News Directors Association. Both have received grants from the John S. and James L. Knight Foundation to support it. The American Library Association will also be organizing local Sunshine programs.

Some 54 news media and journalism organizations make up the Steering Committee for Sunshine Week. You can get more information from the official Sunshine Week Web page.

Sunshine for Environmental Journalists

• Model Open-Government Stories from the Environmental Beat
  By insisting on access to public documents, with or without the Freedom of Information Act, environmental reporters can come up with riveting, award-winning stories that speak to life-and-death issues for their readers. How do we know? We see examples almost every day. Some of the reporters who did them say they had fun doing them.

  Here are just some examples of the kinds of stories that can come of asking for public records. There are a lot more.

• Essential Documents Every Environmental Reporter Should Have
  If you want to cover the environmental beat, it is a good idea to remember the basics. Whether you are a prize-winning veteran on the beat or a newcomer, part-timer, free-lancer, or wannabe, the basics are often the same. In addition to patrolling your turf, visiting the site, talking to people, and asking tough questions, having the documents is an essential starting point.

  Sometimes the documents will help you probe a particular story you are already pursuing, and sometimes just getting them and reading them will suggest further questions and help you discover stories you hadn't imagined. To celebrate National Sunshine Week, the WatchDog Project is offering this list of documents — all in the public domain — that every reporter on the environmental beat would be smart to ask for. There are many others. Do you know of a useful document that should be added to the list? Please contact Joseph Davis.

Some of our favorite 2006 Sunshine coverage:

• Records Show 3 NC Mothers of Deformed Babies Exposed Illegally to Pesticides
  Three migrant farm workers who gave birth to deformed babies were apparently exposed to pesticides illegally in North Carolina. The NC Department of Agriculture is still investigating some 369 violations by the allegedly responsible Ag-Mart company, which claims innocence. Kristin Collins of the Raleigh News & Observer based this 3/12/06 exclusive on state and company records to which the newspaper gained access.

• Fed Inspectors Issue New Citations for Mine Where 2 Died
  Inspectors from the U.S. Mine Safety and Health Administration who are investigating the fire that killed two at the Aracoma Alma No. 1 Mine in West Virginia on 1/19/06 have issued more than 100 new citations for often-serious safety violations there. Ken Ward Jr. used open-access government records to get this exclusive for the Charleston Gazette 3/12/06.

• Researchers Shouldn't Hoard Flu Data, Scientist Says
  Research labs should share data on the deadly H5N1 avian flu virus, a Univ. of Maryland scientist says, especially when their work is publicly funded. Open access to data, he said, could help avert the sort of pandemic that could kill millions. Helen Branswell reports for the Canadian Press in the Toronto Star 3/12/06.

• Documents Show Industry Withheld Data on Chromium-6 Health Risks
  The chromium industry withheld data about the hazards of hexavalent chromium to human health as the Occupational Safety and Health Administration was deciding on its recently released rule setting workplace exposure limits, according to an article in a scientific journal by George Washington University researchers.

  For decades, U.S. environmental and occupational health policy has been based on an honor system: industry tests its own products for possible health effects, then reports its findings to regulators who are supposed to protect the public. That's the theory. But while industry is supposed to report all its findings — especially the adverse ones — that may not necessarily happen.

  Story in the SEJ WatchDog TipSheet 3/8/06.

• Toxic Railcar Spills in Canada Surge, But Many Not Investigated
  Toxic spills from railcar accidents have increased in recent years. But an investigation based on requests under Canadian open-records law shows that only a small portion are ever investigated. Kevin McGran reports in the Toronto Star 3/6/06.

• Administration Has Reduced Fines for Mine Safety Violations (free preview/paid archive)
  Since 2001, the Mine Safety and Health Administration has reduced fines for major violations, failed to collect fines due, and declined to turn uncollected fines over to enforcement agencies, government data show. To date in 2006, 24 miners have died in accidents. Ian Urbina and Andrew W. Lehren report in the New York Times 3/2/06.

• New York Sues EPA Over Withholding of Toxics Info
  New York challenged a major expansion of the veil of secrecy the federal government has drawn over company toxic emissions Feb. 14, 2006, when it filed suit against the U.S. EPA. The agency had denied the state's Freedom of Information Act request for data about toxic pollutants being emitted into the state's air.

  EPA's efforts to keep New Yorkers from knowing about what toxic and smog-producing pollutants they may be breathing were based on an uncritical acceptance of company claims that such information constituted trade secrets. FOIA allows an exemption for information held by the federal government which is legitimate "proprietary information." The definition of that term, however, has been a battleground for decades.

  At issue is data filed with EPA by companies under the Clean Air Act, which requires such data to be made public. EPA's 1998 Architectural and Industrial Maintenance (AIM) Coatings rule (40 CFR 59(d)) set limits on the amount of volatile organic compounds (VOCs) that paints and similar coatings could contain or emit. VOCs contribute to smog and have other harmful health effects. The AIM rule also required companies seeking exemptions to VOC limits to file annual reports on the amounts by which they exceeded them — and to pay a fee. This so-called "pay to spray" rule was negotiated with industry.

  In July 2004, New York's Department of Environmental Conservation (DEC), to whom EPA has delegated responsibility for enforcing the Clean Air Act in the state, first asked EPA for information about these exceedances. EPA personnel at first said they had most of the data available for NY DEC, but they never got permission to release it to New York.

  Story in the SEJ WatchDog TipSheet 2/23/06.

• Secret Plans for Nuclear Plant Defense Don't Keep Public Safe — Critics
  Security plans for U.S. commercial nuclear power plants, some close to densely populated areas, assume that attackers would be only half the number that took part in 9/11 and that they would not carry weapons like RPGs, commonly used by terrorists in the Mideast, according to congressional sources and watchdog groups. Companies and the Nuclear Regulatory Commission are not accountable to the public for security because of excessive secrecy, critics say. H. Josef Hebert reports for the Associated Press in the Boston Globe 2/23/06.

SEJ FOI WatchDog's Top Ten FOIA Requests:
The Ones We'd Like To See (Maybe You Would, Too)

10. EPA FOIA Request Log. Every agency keeps a log of all the FOIA requests it receives — and their status or disposition. They have to give you this; requests for these logs are filled all the time. One advantage: the FOI office doesn't have to search for this one — since they keep it. No search fees.

The FOIA log can show you what stories other journalists are working on (or vice versa). It can show you what various associations and lobbies are up to. It can show you a lot of people trying to make money from agency information or action. It's a cornucopia of story leads. Request the log for Headquarters or your favorite Regional Office.

9. EPA Regional Office Front Door Sign-In Logbook. How many times have you visited EPA on a perfectly legitimate errand, and been made to sign in by the security guard as if you were a criminal? Here's some payback. They have to give you the logbook. Other reporters have successfully gotten these.

Perhaps the most important thing the sign-in log can show is what companies, associations, politicians, and lawyers were meeting with some EPA official on a given day. Yes, of course they have business before the agency — but is the meeting proper and legal?

8. Lab Results for Your Drinking Water Plant(s). Public drinking water systems are required to test for a variety of contaminants, to keep records of that testing, and to report results to state regulators. Requirements are complex and vary by size of system. The lab reports are public records, and you can request them under FOIA. Because the amount of data can be overwhelming, you may do well to target your request to narrow areas: problem contaminants, violation incidents, suspect time periods, etc.

No federal FOIA exemptions apply to this information, and you have a right to it if it is in the possession of the federal government. But more likely it is in the hands of a public or private utility regulated by the state, and as a result, your FOI request may need to be filed under state open-records law.

7. Hazardous Air Pollutant Monitoring Results for Your Airshed. EPA, as well as state and local air pollution control agencies, operate a network of technically sophisticated sampling and analysis stations to monitor toxic and hazardous air pollutants. They are usually set up and funded because somebody is worried about how toxic the air is in a specific location. The results may tell a story, but you will probably have to find an independent scientist to interpret them for you. You should be able to get results in electronic form.

6. Digital Geospatial Data from Municipal, State, and Federal Agencies. Your city, county, or state may maintain maps made by aerial or satellite photography that are in digital form. Since the cost of copying these is negligible, you may be able to get copies cheaply under your state open-records law. They may provide the basis for all kinds of stories about local zoning, flood plain development, sprawl, etc.

5. Dam Inspection Reports. Most dams are regulated and inspected by state agencies. These agencies are often underfunded, and may well be way behind in completing inspections upon which people's safety depends. You can use the National Inventory of Dams to find high-hazard dams in your area which have not been inspected recently, and then file a request under state open-records law for the pertinent dam inspection reports.

4. Inundation Maps for High-Hazard Dams. Maps that show flood plains are public records available from several agencies, including the USGS and FEMA's National Flood Insurance Program (not to mention state and county agencies). What vulnerable structures are downstream of high-hazard dams in your area (homes, schools, businesses)? Ask state and local agencies for inundation maps — the maps that show what would be flooded in the event of dam failure. Recently, Bureau of Reclamation maps were denied to federal FOIA requesters.

3. National Response Center Reports. The National Response Center, which is run by the U.S. Coast Guard, gets reports of just about every oil or chemical spill that happens in the U.S. and its waters. There is sometimes a time lag before these are posted online — so if you know of an event, you may want to file a FOIA. Once they are in the online NRC database, you may want to file FOIA requests for the many follow-up reports that are not in the database (but are referenced there). These may show you more about the size, nature, and cleanup of a spill.

2. EPA Database of Potential Post-Katrina Hotspots. After Hurrican Katrina, the U.S. EPA proudly publicized the fact that it was maintaining a database of potential toxic and hazardous hotspots that might be produced by the devastation. Quite a few reporters FOIA'd that database and are still waiting to get the information. Why not join them?

1. Reports of Post-Katrina On-Site Coordinators. After Hurricane Katrina, the U.S. EPA proudly boasted that it had many teams of personnel responding to various stricken areas, doing surveillance for pollution and infrastructure damage. Quite a few reporters filed FOIA requests for the reports of those on-site coordinators, but we are unaware of any who ever received them. Why not add another request to the pile? Then try writing a story about EPA's response to Katrina.

Sunshine Week Was Born in Florida, the Sunshine State

It is no accident that Florida leads most of the 50 US states in having a strong framework for open government. Florida has strong open records and open meetings laws, and a tradition of open government that was build by the hard work of the state's news media and citizen groups.

The "Sunshine Sunday" concept began at the state level in Florida in 2002, when it was launched by the Florida Society of Newspaper Editors. On that day, newspapers across the state ran editorials, op-ed columns, editorial cartoons and news stories highlighting the importance of public access to government.

FSNE estimates that some 300 exemptions to open government laws were defeated in the legislative sessions that followed the three Sunshine Sundays (2002-2004 inclusive), many because of the increased public awareness that resulted. More information about Florida's experience can be found here.

2005 Sunshine Week Stories and More

Markup Slated March 17, 2005, on "Faster FOIA" Bill

Legislation to strengthen the Freedom of Information Act got off to a jackrabbit start in the Senate during "Sunshine Week" as one bill got a hearing (S 394, known as the "Open Government Act"), and another was slated for mark-up in the Judiciary Committee (S 589, the "Faster FOIA" bill). Full story.

Sun Shines On Corruption, Waste, Fraud, Abuse

Here's a collection of some of our favorite 2005 Sunshine Week coverage:

• "Out in the Open: Media Needs To Stand Up for Right To Know," Charleston Sunday Gazette-Mail, March 13, 2005, by Ken Ward Jr. A long column by SEJ 1st Amendment Task Force Chair Ward recounts stories of some high and low points in his FOIA education — and suggests that journalists should be among the first to stand up for public access to information about government.
• "Casino Bid Prompted High-Stakes Lobbying; Probe Scrutinizes Efforts Against Tribe," Washington Post, March 13, 2005, by Susan Schmidt. This ongoing Post investigation uses public documents and other methods to uncover a tangle of corrupt efforts to influence the Interior Department's decision on a Louisiana tribal casino. Drawn into the web are both Interior Secretary Gale Norton and her former deputy J. Steven Griles.
• "Opening Officials' Closed Doors," Baltimore Sun, March 13, 2005, by Timothy B. Wheeler.
• "Poll: 7 in 10 Worried About Gov't Secrecy," Associated Press via Yahoo! News, March 13, 2005, by Robert Tanner. "Americans feel strongly that good government depends on openness with the public, with seven out of 10 people concerned about government secrecy, a new poll says."