The Society of Environmental Journalists joined 28 other journalism groups intervening in a court argument over overuse of the "deliberative process" exemption to the Freedom of Information Act.
The underlying case, U.S. Fish and Wildlife Service v. Sierra Club, concerns science agency advice to the Environmental Protection Agency over possibly harmful effects of utility cooling water. Environmental groups tried to get the documents under FOIA, but the agencies argued that their advice was exempt because it was "predecisional." The groups are arguing that the executive branch overuses the "deliberative" exemption. The other agencies involved are the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.
Environmental groups won their case on appeal, and it is now before the U.S. Supreme Court. A coalition of journalism groups, led by the Reporters Committee for Freedom of the Press, filed an amicus brief Aug. 3 supporting rejection of the "deliberative" exemption in this case -- and release of the information.
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