(University of Oregon School of Law, 2024-05-01) Cramer, Benjamin W.
The Freedom of Information Act (FOIA) includes exemptions that allow agency officials to withhold certain documents on a case-by-case basis. Two of those exemptions are relevant for the environmental matters described in this Article: Exemption 3 on types of information that can be withheld per the mandates of other statutes and Exemption 9 on information about wells that are drilled on public land in search of water or fossil fuels. This Article argues that exemptions to FOIA enable secrecy that contradicts that statute’s fundamental spirit of governmental openness, and the informational and public participation ideals of environmental law.
