Elena Kagan, President Obama's nominee for the U.S. Supreme Court, is currently undergoing her confirmation hearing before the Senate Judiciary Committee. During the hearing, she will be questioned about a wide range of legal and political issues, which may include government transparency. Kagan's arguments in several transparency-related cases as Obama's Solicitor General may offer some insight into her approach to open government. However, because she has argued those cases from the administration's perspective, her personal legal views on transparency are difficult to assess. It is, therefore, hard to predict how she may rule in transparency-related cases if confirmed as a justice.
The U.S. Environmental Protection Agency (EPA) has proposed several changes to its regulation of chemicals that should improve the public's access to crucial information. The improved data collected under the proposed rule will help the agency and the public identify potential chemical risks and take action to manage those risks.
Sen. Frank Lautenberg (D-NJ) has introduced two related chemical facility security bills that would reduce the consequences of a catastrophic accident or terrorist attack at many of the nation's chemical plants and drinking water and wastewater treatment facilities. The legislation addresses many of the issues raised by a coalition of environmental and openness groups, but it fails to provide the accountability and transparency needed to ensure the government's chemical security program would actually make facilities and communities safe.
Despite statements from the Coast Guard and BP supporting media access to sites related to the Gulf of Mexico oil spill, journalists continue to be threatened, intimidated, and denied access as they attempt to cover what many consider to be the worst environmental disaster in the history of the United States. Considering the unprecedented and unknown impacts of the spill, the public is relying heavily on unimpeded journalists to uncover the causes, responses, and consequences of the disaster.
The Department of the Interior's management of oil and natural gas resources suffers from a lack of public access to information, according to government investigators and numerous public interest groups. This lack of openness takes a significant toll on the public's ability to challenge Interior's decisions and impedes accountability. Reforms to the Interior Department's oil and gas management policies announced in recent months have not made transparency a key element, casting doubt on their potential to bring about stronger oversight.