Guides

How to Request Federal Agency Records About a Proposed Energy Project

WECPROTECT News

The documents an agency publishes about a proposed energy project are only part of the record. Behind every draft review sit emails, consultant reports, wildlife survey data, and meeting notes that never appear on the project web page. The Freedom of Information Act, usually called FOIA, gives any person the right to ask for them.

You do not need a lawyer, a reason, or any special standing to file a request. You need a clear description of what you want and some patience.

What FOIA Covers and What It Does Not

FOIA applies to records held by federal executive branch agencies. For energy projects, that often means the Bureau of Land Management, the U.S. Fish and Wildlife Service, the Forest Service, the Army Corps of Engineers, or the Federal Energy Regulatory Commission.

It does not apply to state agencies, county commissions, or private developers. Every state has its own public records law for state and local bodies, so a project with both federal and state permits may call for two separate requests under two different laws.

FOIA also covers only records that already exist. An agency does not have to answer questions, write explanations, or create a new analysis for you.

Check What Is Already Public First

Before you file, look through what the agency has already posted. Project pages, public comment dockets, and agency online reading rooms often hold more than people expect.

This step saves weeks. It also sharpens your request, because you can point to a document that is public and ask for the underlying data or correspondence that is not.

Records Worth Asking For

Broad requests such as "all records about the project" tend to move slowly and come back with fee estimates. Specific requests tied to a record type, a date range, and a named office move faster.

Consider asking for items like these:

Pick the two or three categories that matter most to your concerns. You can always file a second request later.

How to Write a Request That Gets Results

Each agency has its own FOIA office, and most accept requests through an online portal or by email. FOIA.gov lists the contact details for every federal agency and lets you submit to many of them directly.

State plainly that you are making a request under the Freedom of Information Act. Describe the records by project name, any permit or docket number, the office that handles the project, and the dates you want covered.

Ask for the records in electronic format, which is usually cheaper and quicker. Include your contact details and say that you are willing to discuss narrowing the request if that would speed things up.

Fees and Fee Waivers

Agencies can charge for search time and copying, though many small requests cost little or nothing. You can set a limit in your request by stating the maximum you are willing to pay and asking to be contacted before that amount is exceeded.

FOIA also allows a fee waiver when releasing the records is in the public interest and is not mainly for the commercial benefit of the requester. A community group that plans to share what it learns with neighbors, local media, or the public has a reasonable basis to ask.

Explain the waiver request in a short paragraph. Say who you are, how the records will help the public understand what the agency is doing, and how you plan to share them.

Timelines and Exemptions

The law gives agencies 20 working days to respond to a request, with an extension available in unusual circumstances. In practice, complex requests often take much longer, and the first reply may only be an acknowledgment with a tracking number.

This matters when a public comment deadline is approaching. File as early as you can, and if records arrive late, say so in your comment and note that your request was still pending.

Agencies may also withhold or black out material under nine exemptions written into the law. The ones that come up most often in energy permitting involve confidential business information from the developer, internal deliberations that came before a decision, and personal privacy.

Some sensitive wildlife information, such as the exact location of nests or dens of protected species, may be withheld as well. That protection exists for good reason, and a summary or a redacted map is often still useful.

What to Do if You Are Denied or Ignored

A denial is not the end of the road. The response letter must tell you which exemptions the agency relied on and how to file an administrative appeal, including the deadline.

An appeal is a letter, not a lawsuit. Explain why you believe the records should be released, or why the search was too narrow, and ask a senior official to review the decision.

If you hear nothing at all, contact the agency's FOIA Public Liaison and ask for a status update using your tracking number. The Office of Government Information Services, part of the National Archives, also offers free mediation between requesters and agencies.

Putting the Records to Work

Records are only useful if people read them. Split the pages among volunteers, keep a simple log of what each document says, and flag anything that conflicts with the published environmental review.

Quote the documents directly in public comments and cite them by date and author. A comment that points to the agency's own biologist raising a concern carries far more weight than a general objection, and it becomes part of the record the agency must answer.

Share what you find with neighbors and partner groups too. Good siting decisions depend on full information, and a records request is one of the most practical ways a community can make sure that information sees daylight.