From: The Hill
““It’s exceptionally difficult to litigate on the ‘basis of responsiveness.’ There is no record,” said Kevin Bell, staff counsel at Public Employees for Environmental Responsibility. “FOIA litigation is always pretty one-sided, there is no discovery … now they are just saying, ‘Oh, it’s not responsive. Oh, we don’t have to tell you.’ Bell equated EPA’s new FOIA rule to a similar regulatory action unveiled earlier this year at the Interior Department, called an “awareness review,” which allows political appointees 72 hours to review documents that mention them by name prior to release.”
