Appendix B: Making a Freedom of Information Act Request

• Author: Elizabeth D. Mullin
• Pages: 71-72

71

APPENDIX B:

Making a Freedom of

Information Act Request

For eective commenting, you may need to get background information

from the government. You should rst search online, a s a lot of infor-

mation is readily available through a simple search, or your buddy may

be able to send you a link. If that fails, you can make a Freedom of Informa-

tion Act request.

Both the federa l and state governments have laws governing access to

agency records. Under the Freedom of Information Act (FOIA), federal

agencies must make records available to you, unless the records are speci-

cally exempt from disclosure.1 e website, www.foia.gov, provides excellent

information on the federal law, and the National Freedom of Information

Coalition, nfoic.org, has links to freedom of information laws for each state.

Both websites have details on how to make a request. Requests should be sent

to the specic agency you think will have the information you are interested

in, and you will need to follow the procedures designated by that agency.

Articulating what you want is the hardest part. How do you get the good

stu and not the junk? Keep in mind that both federal a nd state freedom of

information laws apply to agency record s. e government does not have to

create a document for you or answer questions. e a gency will just provide

existing documents or links to online materia ls that you ask for or relate to

the subject of your request. A narrow request may give you access to material

more quickly and get you what you really want. On the other hand, with a

broad request, you might nd some great information that you did not know

to ask for. It is a balancing act.

If your request is too broad, such as asking for “all documents that relate

to fracking,” the agency will probably ask you to narrow your request. e

more you can nd out from agency sta (not just the information ocer)

about what kinds of records the agency has, the more likely you are to know

how to ask for what you want to get. Remember that “the government” is in

1 Freedom of Information Act, 5 U.S.C. §552(a), (b).