Sabin Center for Climate Change Law
The environmental impact review laws-the National Environmental Policy Act (NEPA)1 and its state counterparts 2-are premised on the idea of full and open disclosure. The notion underlying these laws is that if the government and the public are fully informed of the impacts of and alternatives to proposed actions, they will make wise decisions about whether and how to proceed. 3 The Freedom of Information Act4 and its state counterparts 5 even more explicitly seek to open up governmental deliberations to the public. Considered together, these two types of laws would lead one to believe that secrecy has little place in the assessment of environmental impacts.6
Michael B. Gerrard,
The Dynamics of Secrecy in the Environmental Impact Statement Process,
N.Y.U. Envtl. L.J.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/708