Supreme Court Says States May Disclose Petition Signatories

On June 24, the U.S. Supreme Court ruled 8-1 that states may publicly disclose referendum petition signatures. The case, Doe v. Reed, centers on the public's right to know who signed petitions related to Referendum 71, a 2009 attempt to overturn Washington State’s expanded domestic partner law, which gives gay and lesbian couples the same rights as married couples.

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House Passes DISCLOSE Act, Senate Struggle Begins

On June 24, the House passed the DISCLOSE Act by a close, largely party-line vote of 219-206. Supporters praise the bill as a success for transparency, while critics argue that it is an attack on the First Amendment and creates unfair exemptions for groups such as the National Rifle Association. The companion bill in the Senate, S. 3295, must now overcome many obstacles.

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Lack of Transparency Afflicts Oil Spill Response

Adding insult to injury, the worst oil spill in U.S. history has been plagued by a lack of transparency that is hindering the response to the disaster and may impact responses to future spills. Reports of restrictions on media access to the spill site, the delayed disclosure of information on dispersants, and frustrations with BP's overall lack of transparency have confounded efforts to hold the company and government agencies accountable.

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House Moves to Increase Oversight of Intelligence Community

On May 28, the House approved an amendment to the defense authorization bill that requires the Office of the Director of National Intelligence (DNI) to cooperate with audits and investigations conducted by the Government Accountability Office (GAO). The measure was passed despite threats by the White House to veto what the Obama administration perceived to be an expansion of GAO authority.

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Wrangling over DISCLOSE Act Slows Bill Down, but Deal May Be Near in House

Some members of Congress have started to explore exempting certain nonprofits from the DISCLOSE Act, the bill developed by Democrats to respond to the Citizens United v. Federal Election Commission decision from the U.S. Supreme Court. While some nonprofits are concerned about donor disclosure requirements in the bill, other groups are concerned that exemptions or changes to the bill would render the legislation ineffective. These organizations worry that without strong disclosure requirements, the bill would allow political ads sponsored by anonymous sources to flood the airwaves at election time.

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White House Issues Guidance on E-rulemaking and Paperwork Practices

On May 28, the Office of Information and Regulatory Affairs (OIRA) issued two memoranda to federal agencies that impact key features of the regulatory process. The memos direct agencies to change practices related to electronic rulemaking dockets and to paperwork clearances that agencies request when collecting information from the public.

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As EPA Takes Action, Trade Secrets Continue Threatening Health and Safety

Unified Agenda The U.S. Environmental Protection Agency (EPA) has taken a significant step toward making more chemical health and safety information available to the public even as trade secrets claims continue to conceal such information elsewhere. A new EPA policy will reject most industry claims that chemical identities included in health and safety studies are trade secrets. Meanwhile, the oil and gas industry continues to use trade secrets privileges to thwart attempts to disclose chemical information related to the BP oil spill and controversial natural gas drilling operations.

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