Liberia IIC: EPA Information Access Ruling Orders Release of Reports

• The Independent Information Commission ruled in favor of The DayLight, ordering the Environmental Protection Agency to release environmental reports and permits.
• This decision concludes a year-long dispute over information access in Liberia's extractive sector, affirming the public's right to know.
• Commissioner Joash T. Hodges emphasized that public institutions cannot deny lawful information requests through silence, delay, or administrative inaction.
• The Commission rejected the EPA's arguments of proprietary information and regulatory complexity, stating they do not override statutory disclosure obligations.
• The EPA was fined L$9,000 and mandated to revise its internal information regulations to align with the Liberia Freedom of Information Act.

The Commission firmly stated that regulatory complexity does not override statutory obligations, nor does administrative inconvenience serve as a legitimate basis for withholding information from public scrutiny.

The Independent Information Commission (IIC) has delivered a significant administrative decision, siding with The DayLight in its protracted dispute against the Environmental Protection Agency (EPA). This ruling effectively concludes a year-long struggle centered on gaining access to crucial information within Liberia's vital extractive sector. The conflict originated last April when The DayLight lodged a formal complaint with the Commission, following the EPA's consistent refusal to furnish environmental reports, audits, and permits pertaining to specific companies, a refusal that had persisted since the previous September.

Commissioner Joash T. Hodges, in his ruling issued last Thursday, unequivocally ordered the Environmental Protection Agency to provide The DayLight Inc. with all records responsive to the complaint. Hodges underscored the fundamental principle that the constitutional and statutory right to information cannot be effectively exercised when public institutions respond to lawful requests with prolonged silence, unexplained delays, or administrative inaction. This decision marks a pivotal moment for transparency in Liberia, particularly concerning the operations of the EPA and its interactions with the public.

During an August hearing, the EPA presented several arguments for its non-disclosure, asserting that some requested documents constituted proprietary information or state secrets. The agency also attributed its failure to provide the information to challenges in implementing its own regulatory framework. Furthermore, the EPA expressed reservations about The DayLight's capacity to handle what it deemed "technical" and "sensitive" information, despite having previously levied fines against companies based on the newspaper's investigative findings.

However, the Independent Information Commission Liberia decisively rejected the EPA's comprehensive withholding of the requested records. The Commission found that the EPA had failed to demonstrate that the documents fell under any statutory exemption. While acknowledging the EPA's specialized regulatory responsibilities and the legitimate need to safeguard information protected by law, the Commission firmly stated that regulatory complexity does not override statutory obligations, nor does administrative inconvenience serve as a legitimate basis for withholding information from public scrutiny. This aspect of the Joash T. Hodges decision reinforces the supremacy of the Liberia Freedom of Information Act over agency-specific regulations or operational difficulties.

The ruling imposes several concrete actions on the EPA. Beyond the immediate order to provide the requested documents, the agency is mandated to report on its compliance with the order within 15 working days. Additionally, the EPA faces a financial penalty, having been ordered to pay a fine of L$9,000, equivalent to US$53, to the government by Tuesday. Crucially, the EPA must also undertake a review of its own information regulation, which was published in March, and eliminate any provisions found to be inconsistent with the overarching principles of the Liberia Freedom of Information Act.

James Harding Giahyue, Director and Managing Editor of The DayLight, hailed the Liberia EPA information access ruling as a victory not only for his publication but also for the broader media landscape and public access to information. He expressed hope that the EPA would respect the decision rendered by a constitutional authority, thereby bringing this chapter to a close. While the EPA did not immediately respond to inquiries for comment, it retains the option to appeal the Joash T. Hodges decision in a civil court located in Montserrado County, setting a significant precedent for environmental reports access Liberia and extractive sector transparency Liberia.

This ruling sets a significant precedent for information access in Liberia, particularly for the extractive sector, affirming that public institutions like the EPA cannot use regulatory complexity or administrative inconvenience to deny lawful requests. Lawyers should advise clients on the strengthened right to information and the implications for challenging information denials, while compliance officers in Liberian public bodies must review their disclosure policies to ensure strict adherence to the Freedom of Information Act and avoid similar penalties.

Source: Original reporting via Liberian Observer