The report notes that rather than directly challenge the legitimacy or value of information disclosure programs, the industry critics primarily focus on administration, advocating a series of “procedural reforms,” such as greater stakeholder involvement and increased opportunities for judicial review. Industry critics also call for limits on the disclosure of certain types of information in the name of protecting business secrets and national security.
The GELPI paper concludes that many of these proposals would weaken right-to-know programs in order to address unwarranted or exaggerated concerns about the possible adverse effects of disclosure. Greater procedural hurdles and more frequent judicial review would delay the disclosure of information, divert agency resources to costly and time-consuming internal reviews, and enhance opportunities for industry to influence decisions about whether and how environmental information should be disclosed.