Could Better FOIA Response Have Averted the Massey Energy Mine Disaster?

A January 2010 inspection report covering the Massey Energy Upper Big Branch Mine in West Virginia shows a federal safety inspector saw a flawed ventilation system and was told "not to worry about it," reports The Huffington Post. The company was fined $70,000 for an "unwarrantable failure" to follow safety rules. The Charleston Gazette's Ken Ward Jr. first reported about the documents, which weren't released by the Mine Safety and Health Administration (MSHA) until more than a week after the April mine explosion.

The timing leaves journalists wondering if a more transparent MSHA could have averted the mine disaster. The Huffington Post reports how Ellen Smith, the managing editor of the Mine Safety and Health News newsletter, used to praise MSHA for its freedom of information work until the Bush administration used the 9/11 attacks as a reason to clamp down on information. Despite the Obama administration's emphasis on improved transparency, Smith thinks disclosure has gotten worse under Obama.

Read more here.

Register Now for the NFOIC 2010 FOI Summit

Hosted by the NFOIC and the Virginia Coalition for Open Government, the FOI Summit will be held on Friday, May 7, and Saturday, May 8 at the Hyatt Arlington in Arlington, VA.

Click here for more information about the FOI Summit, including the impressive list of speakers and registration instructions.

New Knight Foundation Grant to Fund FOI Advocacy

The John S. and James L. Knight Foundation has approved a new $2 million, three-year grant to the National Freedom of Information Coalition to launch the Knight FOI Fund and support state open government groups.

In light of the declining levels of FOI advocacy due to the economic crisis and the evolution of the news media, the Knight FOI Fund will fund litigation costs, such as filing fees, deposition costs, and initial consultation fees, if attorneys are willing to take cases that otherwise would go unfiled. Additionally, the NFOIC will offer sustainability and project grants for state FOI coalitions, with a call for new grants to be made in the spring of 2010.

Read more information about the Knight FOI Fund and the underlying need for the new funding here and here.

D.C. program to examine impact of Reporters Committee case

The Collaboration on Government Secrecy will hold "Privacy Protection After Twenty Years Under Reporters Committee" from 8:45 a.m. to 4:30 p.m. April 28, 2009, at American University Washington College of Law.

In 1989, in what arguably is the most significant Freedom of Information Act decision ever issued, the Supreme Court in Department of Justice v. Reporters Committee for Freedom of the Press both broadened the concept of personal privacy and narrowed the definition of the “public interest” in disclosure.

This decision brought about nothing less than a sea change in privacy protection by radically altering the balancing process by which federal agencies decide whether to invoke the FOIA’s privacy exemptions -- leading to the withholding of greater amounts of information from the public.

Marking the 20th anniversary of this landmark FOIA decision, this program examines Reporters Committee’s full impact on government openness versus the protection of personal privacy and explores its continued viability with the passage of time.

Highlights of the agenda include:

• A keynote address by Jane Kirtley, Silha Professor of Media Ethics and Law Director at the University of Minnesota
• Panel discussing the origin of the case, the formulation of the government's position and the unexpected breadth of the Supreme Court's decision
• Panel analyzing the Supreme Court's novel "practical obscurity" concept for protecting personal privacy interests.
• Luncheon address by Mary Ellen Callahan, Chief Privacy Officer and Chief Freedom of Information Act Officer for the Department of Homeland Security
• Panel considering the Reporters Committee "core purpose" standard for determining a limited "public interest" that can be balanced in favor of disclosure
• Panel reviewing the Reporters Committee's impact on FOIA administration, FOIA litigation and implementation of the Privacy Act of 1974
  

Register here.