4. EPA: Jackson commits to transparency in 'fishbowl memo' (Greenwire, 04/24/2009)

Robin Bravender, E&E reporter

U.S. EPA Administrator Lisa Jackson committed to transparency yesterday, promising in a memo to employees that the agency would conduct its business "in a fishbowl."

"The American people will not trust us to protect their health or their environment if they do not trust us to be transparent and inclusive in our decision-making," Jackson wrote. "To earn this trust, we must conduct business with the public openly and fairly."

Jackson became the latest of many EPA administrators to issue a "fishbowl memo," promising to keep agency activities open to the public. Former Administrator William Ruckelshaus began the tradition when he issued a similar document in 1983 in an attempt to rebuild the agency's image and morale after scandals in the Superfund program.

"I wish to reaffirm this commitment and take the opportunity to provide guidelines about how we will ensure transparency in our interactions with all members of the public," Jackson said.

Within those guidelines, Jackson addressed openness issues ranging from keeping her appointments public to making EPA staff accessible to the press.

Jackson pledged to post her schedule publicly on EPA's Web site, and to keep the calendars of other top agency officials open to the public.

In accordance with a March memo issued by Attorney General Eric Holder, Jackson urged EPA officials to exercise their discretion in favor of disclosing documents whenever possible under the Freedom of Information Act, directing offices to exert exemptions only when the agency reasonably foresees that disclosure would harm a protected interest or when the disclosure is legally prohibited.

Jackson also encouraged staff to reach out to the public as broadly as possible when conducting rulemakings and to ensure that the public receives timely notice "of information or views that have influenced EPA's decisions."

Additionally, she urged staff to provide Congress with the information necessary for its oversight and legislative interests and highlighted the importance of making EPA staff accessible to the press, "which forms a vital role in informing the public about EPA's actions," she said.

Sweeping change or symbolic gesture?

Critics of the Bush administration see the policy as a swift turnaround from the tactics of President George W. Bush's EPA.

This memo is one of several examples where the Obama administration has clearly parted ways with the Bush administration, said John Walke, a senior attorney at the Natural Resources Defense Council. "The last administration," he said, "was anti-transparency."

Several House Democrats in 2007 raised questions about whether Stephen Johnson, EPA administrator under Bush, had issued a "fishbowl" memo or another directive reminding agency employees of the importance of transparency and openness (E&ENews PM, Dec. 7, 2007).

Since Ruckelshaus, every EPA administrator issued a fishbowl memo, with the possible exception of Johnson, Michigan Democrats John Dingell and Bart Stupak said in a letter to the Bush appointee.

An EPA spokesperson confirmed today that Johnson did not issue such a memo during his tenure.

"Whether or not he issued one, I don't think it really is anything more than symbolic," said Jeff Holmstead, who served as EPA's air chief during Bush's first term and worked briefly under Johnson after he became administrator in 2005.

"I think it's a nice, symbolic gesture," Holmstead said, but in terms of the way the agency operates, there are certain traditions and customs that are very hard to change.

Holmstead said EPA administrators have long made their schedules available to anyone who was interested, and said that Jackson's staff could still keep some meetings off the calendar. "If there are very sensitive issues, they'll just block the time and won't keep them on her schedule," he said.

Click here to read Jackson's memo.

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