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UK’s Environment Agency chief admits regulator buries freedom of information requests

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Friday, May 24, 2024

The head of the Environment Agency has admitted that freedom of information requests have been buried by the regulator because the truth about the environment in England is “embarrassing”.Philip Duffy, the body’s chief executive, told an audience at the UK River Summit in Morden, south London, this week that his officials were “worried about revealing the true state of what is going on” with regards to the state of the environment.The regulator holds information including about pollution, the state of England’s waterways, the meetings its bosses have with water company CEOs, and other data about the state of nature in the country.The Information Commissioner’s Office, which oversees the law on the Freedom of Information Act, has warned the regulator that the public have a right to have their requests answered and that transparency should be taken seriously.An ICO spokesperson said: “People have the legal right to promptly receive information they’re entitled to and we take action when they don’t. We’ve been clear that public sector leaders should take transparency seriously and see the benefits it brings, including scrutiny of processes and approaches that can then benefit from improvement.”Under the act, public bodies legally have to answer information requests, and disclosure of information should be the default – in other words, information should be kept private only when there is a good reason, which is permitted by the act.Duffy said: “I see these letters and these FOI requests and I’ve got great volumes of them, and I see local officers going through quite a contorted processes to not to answer when they know, often, the answer but it’s embarrassing.“They do it because they are frightened. They are worried about revealing the true state of what’s going on, they’re worried about reaction from NGOs and others, and possibly from the government, about the facts of the situation. And they’re often working at a local level but in a very nationally charged political environment, which is very difficult for them.”Duffy suggested nature charities were asking questions in a manner that made it harder for Environment Agency staff to respond: “I think the first step there is to understand how hard that is for many of my staff, when they’re faced with often very expert NGOs who are asking very good questions – the right questions ultimately – but [it’s about] how they lower that tone a bit, and manage it.”Under the FOI Act all requests have to be treated equally, whether they are made by a member of the public, an NGO or a journalist.Last year, the Environment Agency was served with an enforcement notice by the ICO because of evidence seen by the commissioner about its performance in relation to its statutory duties under the FOI Act.An Environment Agency spokesperson said: “Philip is completely committed to the highest standards of transparency, as he repeatedly stressed at the River Summit. He wants to make more EA data readily available, and we are already looking at how this can be achieved. He was referring to the concern that some staff working on water feel due to the current tone of the debate, which is often not constructive. This does not impact the process of releasing the information.”

Speaking at the UK River Summit, Philip Duffy said officials do not want to reveal the true ‘embarrassing’ environmental pictureThe head of the Environment Agency has admitted that freedom of information requests have been buried by the regulator because the truth about the environment in England is “embarrassing”.Philip Duffy, the body’s chief executive, told an audience at the UK River Summit in Morden, south London, this week that his officials were “worried about revealing the true state of what is going on” with regards to the state of the environment. Continue reading...

The head of the Environment Agency has admitted that freedom of information requests have been buried by the regulator because the truth about the environment in England is “embarrassing”.

Philip Duffy, the body’s chief executive, told an audience at the UK River Summit in Morden, south London, this week that his officials were “worried about revealing the true state of what is going on” with regards to the state of the environment.

The regulator holds information including about pollution, the state of England’s waterways, the meetings its bosses have with water company CEOs, and other data about the state of nature in the country.

The Information Commissioner’s Office, which oversees the law on the Freedom of Information Act, has warned the regulator that the public have a right to have their requests answered and that transparency should be taken seriously.

An ICO spokesperson said: “People have the legal right to promptly receive information they’re entitled to and we take action when they don’t. We’ve been clear that public sector leaders should take transparency seriously and see the benefits it brings, including scrutiny of processes and approaches that can then benefit from improvement.”

Under the act, public bodies legally have to answer information requests, and disclosure of information should be the default – in other words, information should be kept private only when there is a good reason, which is permitted by the act.

Duffy said: “I see these letters and these FOI requests and I’ve got great volumes of them, and I see local officers going through quite a contorted processes to not to answer when they know, often, the answer but it’s embarrassing.

“They do it because they are frightened. They are worried about revealing the true state of what’s going on, they’re worried about reaction from NGOs and others, and possibly from the government, about the facts of the situation. And they’re often working at a local level but in a very nationally charged political environment, which is very difficult for them.”

Duffy suggested nature charities were asking questions in a manner that made it harder for Environment Agency staff to respond: “I think the first step there is to understand how hard that is for many of my staff, when they’re faced with often very expert NGOs who are asking very good questions – the right questions ultimately – but [it’s about] how they lower that tone a bit, and manage it.”

Under the FOI Act all requests have to be treated equally, whether they are made by a member of the public, an NGO or a journalist.

Last year, the Environment Agency was served with an enforcement notice by the ICO because of evidence seen by the commissioner about its performance in relation to its statutory duties under the FOI Act.

An Environment Agency spokesperson said: “Philip is completely committed to the highest standards of transparency, as he repeatedly stressed at the River Summit. He wants to make more EA data readily available, and we are already looking at how this can be achieved. He was referring to the concern that some staff working on water feel due to the current tone of the debate, which is often not constructive. This does not impact the process of releasing the information.”

Read the full story here.
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Factbox-Who Is Still Working and Who Has Been Furloughed in the US Government Shutdown?

By Andy SullivanWASHINGTON (Reuters) -Hundreds of thousands of U.S. federal workers have been ordered not to report to work, while others have been...

WASHINGTON (Reuters) -Hundreds of thousands of U.S. federal workers have been ordered not to report to work, while others have been told to stay on the job during the U.S. government shutdown, which started on October 1.Here is an overview of who has been furloughed at major government agencies, based on their shutdown plans.The 2 million active-duty members of the military remain on duty.Roughly 55% of the Defense Department's 740,000 civilian employees have been furloughed, including those involved in training, procurement and administrative support. Civilians working on cybersecurity, medical care, weapons systems maintenance, intelligence and logistics are still working.DEPARTMENT OF HOMELAND SECURITYOnly 5% of the Department of Homeland Security's 271,000 workers have been furloughed, including those involved in research, planning, training, and auditing.Secret Service agents, immigration and border officers, airport security screeners, Coast Guard personnel, and Federal Emergency Management Agency emergency workers remain on the job.About 10% of the Justice Department's 115,000 employees are furloughed, mainly in administrative and policy roles.Prison guards, FBI agents, criminal prosecutors and other front-line law enforcement are required to work.The State Department has furloughed 62% of its 27,000 employees, including those awarding new grants and contracts.All U.S. embassies remain open, and those working on visas and passports will continue to do their jobs. All 74,000 employees of the tax-collecting Internal Revenue Service remain on the job through Tuesday, October 7. It is not clear how many would be furloughed after that.Outside of the IRS, Treasury would continue to distribute Social Security checks and tax refunds and service the nation's $37.5 trillion debt, while it would cease other duties, such as audits and government-wide accounting. Treasury does not specify how many non-IRS employees would be furloughed. DEPARTMENT OF HEALTH AND HUMAN SERVICESRoughly 41% of HHS's 78,000 employees are furloughed. The Centers for Disease Control and Prevention, where 2 out of 3 workers have been furloughed, is continuing its core outbreak response, but is not providing guidance to states and has paused much of its research and surveillance work.The Centers for Medicare & Medicaid Services has furloughed half of its employees and has paused much of its oversight work.The Food and Drug Administration, where 14% of employees are furloughed, continues safety-critical work like product recalls and import screening, but has paused research and is not accepting most new drug and medical device submissions.The National Institutes of Health, which has furloughed 3 out of 4 of its workers, has paused its research activity and is not issuing new grants, but continues patient care. The Commerce Department has furloughed 81% of its 43,000 employees.Employees of the National Oceanographic and Atmospheric Administration will continue weather forecasting, fisheries enforcement and other safety-critical activities, but 9 out of 10 NOAA employees will be furloughed, including those involved in research, grants and contracts and animal/laboratory maintenance.Most employees at the Census Bureau and the Bureau of Economic Analysis have been furloughed, which halts surveys, statistical releases and economic data publication.The 14,000 employees of the U.S. Patent and Trademark Office will remain on the job until funding from reserves and fees runs out.SOCIAL SECURITY ADMINISTRATIONMost Social Security workers are still on the job, with only 12% of the agency's 52,000 employees furloughed. That could change if the shutdown drags on, the agency says.Some workers at field offices and those handling benefit applications and appeals have been furloughed, while those who handle benefit payments are still working.DEPARTMENT OF TRANSPORTATIONRoughly 23% of the Transportation Department's 54,000 workers are furloughed, including those involved in research, policy and regulations.Air traffic controllers, safety inspectors and those overseeing highway and transit funds continue to work.NATIONAL AERONAUTICS AND SPACE ADMINISTRATIONNASA has furloughed 83% of its 18,000 employees, including those involved in research, public affairs, grants and contracts. Those involved with the International Space Station and satellites remain on the job.DEPARTMENT OF AGRICULTURESome 49% of USDA's 86,000 employees have been furloughed, including those handling grants and loans and those producing statistical reports.Food safety inspectors, Forest Service firefighters, workers responding to disease or pest outbreaks, and workers overseeing nutrition programs are still working.ENVIRONMENTAL PROTECTION AGENCYThe EPA has been hit hard by the shutdown, with 89% of the agency's 15,000 workers on furlough, including those involved in permitting, research and civil enforcement.Security guards, criminal investigators, and those involved in emergency response are still working.Roughly 87% of the Department of Education's 2,450 employees have been furloughed, including those involved in regulations, new grants, and civil rights investigations.Workers who distribute student aid and grants to low-income schools are still working.All but 5% of the FTC's workers have been furloughed, including those working on consumer protection investigations and antitrust review. Attorneys and investigators involved in ongoing litigation will keep working.SECURITIES AND EXCHANGE COMMISSIONLikewise, 91% of the SEC's 4,300 employees have been furloughed, including those reviewing corporate filings, oversight of investment advisers, and routine enforcement.Market monitoring teams and those handling urgent fraud matters will continue to work.SMALL BUSINESS ADMINISTRATIONRoughly 24% of SBA's 6,200 employees have been furloughed, including those who approve new loans and work on entrepreneurial development. Workers who handle existing loans and disaster loans continue to work.FEDERAL COMMUNICATIONS COMMISSIONSome 81% of the FCC's 1,300 workers would be furloughed, including those handling consumer protection and complaints, licensing services, equipment authorization and spectrum management. Those involved in spectrum auctions and critical security and technology would remain on the job. DEPARTMENT OF VETERANS AFFAIRSThe VA is largely insulated from a shutdown as most of its budget does not come from annual appropriations. Only 3.2% of the agency's 462,000 workers have been furloughed, including those involved in research, communications, and oversight. Medical workers and benefits administrators remain on the job. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTRoughly 67% of HUD's 6,100 employees are furloughed, including those issuing new grants and those involved in fair-housing investigations.Those handling Federal Housing Administration insurance and ongoing rental-assistance payments continue to work.Roughly 75% of the Labor Department's 13,000 workers are furloughed, including those involved in economic data reports and civil rights enforcement.Those involved in workplace safety, workers' compensation payments and unemployment insurance continue to work.Some 63% of the Energy Department's 15,500 employees are furloughed, including those involved in grant and research work. Those working on nuclear security, cybersecurity, and power safety continue to work.DEPARTMENT OF THE INTERIORThe Interior Department has furloughed 50% of its 58,000 employees, including maintenance and customer service workers at the National Park Service, fish biologists, and those handling new energy or land use permits.Teachers and other workers at the 55 schools run by the Bureau of Indian Education are still on the job. Law enforcement officers at national parks, wildlife refuge rangers, firefighters, and dam and power operators continue working(Reporting by Andy SullivanEditing by Bill Berkrot)Copyright 2025 Thomson Reuters.

Fiery Senate exchange reveals investigation into coal firm allegedly clearing endangered greater glider habitat

Greens senator Sarah Hanson-Young called environment department bureaucrats ‘weak’ - though later withdrew the remarkGet our breaking news email, free app or daily news podcastAustralian government officials are investigating whether a coal mining company is putting threatened greater gliders and koalas at risk by illegally clearing bushland in central Queensland without approval under federal law.The revelation came in a fiery Senate estimates hearing in which the Greens senator Sarah Hanson-Young criticised the Albanese government for not doing more to stop the clearing and described environment department bureaucrats as “weak” – an allegation she later withdrew. Continue reading...

Australian government officials are investigating whether a coal mining company is putting threatened greater gliders and koalas at risk by illegally clearing bushland in central Queensland without approval under federal law.The revelation came in a fiery Senate estimates hearing in which the Greens senator Sarah Hanson-Young criticised the Albanese government for not doing more to stop the clearing and described environment department bureaucrats as “weak” – an allegation she later withdrew.Sign up: AU Breaking News emailOfficials told the hearing there was an “active investigation” into the alleged clearing, which was raised by Queensland Conservation Council in June. Guardian Australia reported in July that the council had obtaining drone footage that appeared to show large areas of cleared bushland at the site of Magnetic South’s Gemini coalmine near Dingo.In a letter to the department and environment minister, Murray Watt, the council alleged Magnetic South had cleared about 200 hectares of greater glider habitat and said it had “urgent concerns” that construction of the mine might have begun without the company first referring its plan for assessment under national environmental law.On Wednesday, officials said the department had inspected the mine site in August and were investigating whether there had been a breach of the law or if there had been a significant impact on threatened species, such as the glider and koala.Hanson-Young asked the officials whether the coal mining company was continuing to work at the site while the investigation was being carried out.A department representative responded “I believe so”, but took the question on notice to confirm the details. They added the company did have authorisation for some activities at the site.Hanson-Young asked if the department had asked the company to stop clearing while the investigation was under way or taken other steps, such as using a ministerial power to call the project in for assessment or seeking an injunction.Officials said they were still considering the clearing allegations and were required to work through the investigation.They said there were no provisions under “compliance enforcement obligations to compel a company to stop” and this was something that was being looked at through the reform process for Australia’s nature laws. They added a court “would not think favourably on an injunction until an investigation has been completed”.Greater glider habitat may be being illegally cleared in central Queensland by a coal mining company. Photograph: Josh BowellIn a heated exchanged, Hanson-Young then raised concerns that a separate investigation of alleged illegal clearing by another coal company – Vitronite – in Queensland was still not complete almost a year since it commenced.Officials said the department was acting on both cases as it was required to under national environment laws.skip past newsletter promotionSign up to Breaking News AustraliaGet the most important news as it breaksPrivacy Notice: Newsletters may contain information about charities, online ads, and content funded by outside parties. If you do not have an account, we will create a guest account for you on theguardian.com to send you this newsletter. You can complete full registration at any time. For more information about how we use your data see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply.after newsletter promotionHanson-Young called the department “weak” for not taking steps to prevent further work at the Vitronite site.“You could have called for an injunction to stop the work on Vitronite,” she said.“I think we’ve just explained why we haven’t,” the department said.“Because you’re weak,” Hanson-Young responded.The senator withdrew the remark after a request from Watt. The department said its officers were doing their jobs and meeting their “obligations under the law as it currently exists”.Guardian Australia has sought comment from Magnetic South. The company has previously said it took its environmental obligations seriously and was committed to ensuring its operations were carried out in line with federal and state laws.“Magnetic South works constructively with regulatory authorities and prides itself on an uncompromising approach to project delivery within the conditions of its EA [state environmental authority] and mining lease,” they said in July.

Nearly 90 percent of EPA furloughed as government shuts down

About 89 percent of the Environmental Protection Agency’s (EPA’s) workforce is being furloughed as the government shuts down, according to contingency plans that were posted online this week. According to the plan, just 1,734 of the EPA’s 15,166 employees are slated to continue working during the shutdown, which began Wednesday. The plan also gives a window...

About 89 percent of the Environmental Protection Agency’s (EPA’s) workforce is being furloughed as the government shuts down, according to contingency plans that were posted online this week. According to the plan, just 1,734 of the EPA’s 15,166 employees are slated to continue working during the shutdown, which began Wednesday. The plan also gives a window into the degree of staffing losses at the EPA in recent months, as the agency had 17,080 employees at the start of the year.  During the furlough period, the agency will no longer carry out most civil inspections related to potential violations of environmental law.  It will also no longer conduct most of its research or issue new permits or grants. Some hazardous waste cleanup will be halted if there is no imminent threat to human health and property. The EPA will still continue emergency and disaster assistance, hazardous waste cleanup where there is an “imminent threat to human life" and criminal investigations. The Trump administration’s plan is similar to the most recent contingency plan issued by the Biden administration in September 2024. Under that plan, 1,734 employees out of 16,851 would have been expected to continue working. Under the Biden-era plan, civil inspections, issuance of new grants and permits, research and some hazardous waste cleanup also would have ceased. Marc Boom, a former EPA senior policy adviser during the Biden administration, said during a press call ahead of the shutdown that if one occurs “nobody will be holding polluters accountable for what they dump into the air we breathe and the water that we drink.” But Boom also said the Trump administration is making the problem worse. “Over the past 9 months, the White House and EPA leadership have already been shutting down the agency from within,” he said. “They've clawed back hundreds of community grants, rolled back protections against forever chemicals and pesticides, relaxed enforcement for polluters … and they've shuttered key programs like the Environmental Justice Office, the Office of Atmospheric Protection and now, they're closing down EPA's scientific backbone, the Office of Research and Development.” The EPA has said that its actions are in support of a deregulatory agenda that seeks to boost the U.S. economy.

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