In an October 23, 2019, letter to Representative Katie Porter (D-CA), the Environmental Protection Agency (EPA) defended its decision to issue a final rule updating its Freedom of Information Act (FOIA) regulations without first posting a public notice or seeking public comment. The letter does not provide specific legal justification for this decisions but notes that the EPA believes the actions it took were a direct response to comply with FOIA statutory requirements. The letter also notes that at least one change was discretionary and that prior to rule being issued the agency briefed some members of Congress and took input from them.
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