U.S. Chamber Commends EPA for Efforts to Improve Transparency

WASHINGTON, D.C.—The U.S. Chamber of Commerce today sent a letter to the Environmental Protection Agency (EPA) commending it for undertaking efforts to improve transparency by voluntarily posting on its website all “Notices of Intent to Sue” by private parties on a weekly basis. The Chamber has been seeking the posting of these notices through multiple FOIA requests to the EPA.

"The EPA’s long-awaited willingness to release these notices will help ensure that the federal rulemaking process is governed by principles of open government," said Bill Kovacs, senior vice president for Environment, Technology, and Regulatory Affairs. "By placing this information on the Internet, the EPA will for the first time regularly inform the public of citizen suit filings, which ultimately lead to more regulations."

Many "Notices of Intent to Sue" result in private negotiations, behind closed doors without public input, between the litigants and the EPA. The negotiations typically then result in settlement with the court in which the EPA agrees to undertake the actions demanded by the private party. With the publishing of these "Notices of Intent to Sue," the public will be put on notice that the litigation is going to occur, and interested parties can attempt to intervene.

The text of the Chamber’s letter to Acting EPA Administrator Bob Perciasepe is as follows:

We wanted to take this opportunity to thank you for the agency’s willingness to increase transparency, specifically by EPA’s  commitment to post “Notices of Intent to Sue” on your website on a weekly basis. 

This is a commendable action that will help the American people understand how their government functions, and will better allow the public to have a meaningful voice in the rulemaking process.

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.