Kentucky has recently experienced challenges implementing its Open Records Act. Officials have already been accused of abusing new homeland security exemptions to the state's open records law to avoid public scrutiny of matters unrelated to terrorism concerns. One decision to withhold information will be reviewed in court this week. In another case, Governor Ernie Fletcher will likely go to court to challenge the state attorney general's decision to make certain records available to the public.

EPA recently announced plans that would essentially dismantle its Toxics Release Inventory (TRI), the nation's premier tool for notifying the public about toxic pollution. The TRI annually provides communities with details about the amount of toxic chemicals released into the surrounding air, land, and water. The information enables concerned groups and individuals to press companies to reduce their pollution, resulting in safer, healthier communities. Despite the program's widely hailed success, however, EPA is proposing to significantly rolling back the program's reporting requirements.

The U.S. Court of Appeals extended a gag order on a library consortium that received a National Security Letter (NSL) while it considers a lower court ruling that the organization has a First Amendment right to fully participate in the discussion surrounding the USA PATRIOT Act. The gag order is preventing the NSL recipient, an unidentified member of the American Library Association, from discussing its experience openly and participating in the broader debate about the controversial legislation.