When FOIAing for environmental information, there are two things especially important to narrow down: topics and agencies. One way to think of this is: what issue do you want to tackle, and which organization is most likely to be dealing with it?
This guide will explore how to use public databases to your advantage when filing environmental FOIA requests. We will explore this goal through the lens of two environmental burdens in Chicago: air pollution and high concentrations of lead in the water.
Lean on your sources
Within the City of Chicago, air pollution is a pressing issue. Your reporting can lead you to agencies, groups or organizations that have publicly accessible documents.
The City of Chicago recognizes that its South and West sides are disproportionately burdened by air pollution due to high rates of industry and truck traffic in those areas. Communities that bear this environmental burden in Chicago are labeled as environmental justice communities. One way to investigate these communities is to look at the Chicago Environmental Justice Network reports and each of their founding members’ programs.
The CEJN and its member organizations tend to focus on transformative action through policy and community-based campaigns on environmental issues in Chicago. Their work offers insights into how data from the City of Chicago can be used to advocate for disproportionately burdened communities. One thing we can learn from these reports is that pollution doesn’t impact all areas of the city equally.
City of Chicago Air Quality and Health Index, 2020
Another is the Environmental Defense Fund (EDF), a science-driven nonprofit with a focus on climate solutions. They have legal experts who work to develop environmental legislation to combat problems observed in places such as Chicago’s South and West sides.
A great way to find groups like these is to check out local community social media pages. Groups like Little Village Environmental Organization (LVEJO) and Neighbors For Environmental Justice (N4EJ) are relatively active across social media platforms such as Facebook, Instagram and TikTok. Additionally, attending community town halls is a great way to educate yourself about the ongoing issues in specific areas. They are also a great way to get to know a few of the names and faces of the people who are working to resolve them or are most impacted by them.
Many environmental investigations can be done using public data - the “Can you avoid FOIA?” section of this index illustrates a few places to retrieve data from. For more, check out MuckRock’s guide, “Air Quality Access: Three requests to help you scrutinize local environmental standards.”
Ask the experts
Karin Lydersen is a Chicago-based reporter who specializes in covering energy and the environment, and also leads the Medill Chicago Investigative Program at Northwestern University.
Lyderson highly recommends looking at the Environmental Protection Agency’s (EPA) public data sources, such as the Toxics Release Inventory Program, when beginning an investigation on air pollution. The TRI program tracks data relating to toxic chemical releases and pollution by industrial and federal facilities.
“On the Illinois EPA website, you can look up Clean Air Act violations for any given facility,” says Lydersen. “If you think there’s something that you’re not seeing there, you know, you could FOIA for more documents related to that violation number.”
FOIAing for additional information may always be worth it. Whether that’s for a report or study that has not been updated since 2023 or public complaint forms, acquiring additional information via FOIA can help a publicly available dataset tell a better story.
From academic studies to government announcements
Water quality can also be explored through FOIAs. Lead service lines (LSLs) are underground service pipes that deliver water to people’s homes, and with enough wear and tear, can be a significant contributor to lead contamination in people’s drinking water. (NOTE: ) Though these toxic water pipes were banned in 1986, data obtained via FOIA revealed estimates that Chicago still had twice as many running as any other U.S. city.
Public data from the Chicago Data Portal was a driving factor in revealing Chicago’s unsafe lead levels. However, since then, environmental organizations have used FOIA to explore the issue further. For example, in 2024, the Environmental Defense Fund ranked the top 10 cities in the U.S. with the most LSLs. The EDF used data received via FOIA (submitted by the Natural Resources Defense Council) in combination with New York City’s Open Data portal to estimate and map out LSLs around the U.S.
Investigations such as these have led to action. On January 1st, 2022, the Illinois Lead Service Line Replacement and Notification Act took effect. In 2023, Mayor Brandon Johnson announced a goal to replace 40,000 toxic pipes by 2027 via The Chicago 2023 Mayoral Transition Report. Such action creates further opportunities for FOIA. For example, what are the latest service line material inventory reports, or who is taking advantage of the IEPA’s Lead Service Line Inventory Grant Opportunity?
In addition, Lead Safe Chicago and a few of the other studies referenced above are great resources to begin to understand what other reports and documents are created. These reports provide statistics about lead poisoning and lead levels in Illinois, as well as supply a solid framework about how one can request health data from state agencies, while also avoiding HIPAA violations.
Nongovernmental sources
Lucia Priselac, Founder of The Uproot Project, an organization that works to bring journalists of color to the forefront of environmental journalism, recommends a few more general resources to look at when embarking on a water-focused investigation in Illinois, such as the National Geographic World Water Map and the Institute for Journalism and Natural Resources.
Priselac also emphasizes the importance of networking when beginning an environmental investigation.
“Most journalists are really open to having discussions or kind of helping guide you to the resources that they found really helpful,” Priselac says. “And I feel like that is the most valuable resource you can have.”
In sum, if you don’t know, ask an expert. The Uproot Project Database is a great place to find journalists with expertise in various climate-related topics who are willing to help.
Now that you have a few places to begin your research, it’s important to know which agencies to look at, and at what level.
Federal agencies
Obviously, federal agencies are a good place to go looking for records to FOIA. MuckRock keeps track of how quickly various agencies respond on our Requests tool.
What can you expect when filing a FOIA to the EPA? Well, according to MuckRock data, you can expect an average response within 414 days, 43% slower than other agencies in their jurisdiction. But the success rate of filing a FOIA on MuckRock sits at 39.7%, meaning they fulfill more requests than other agencies in their jurisdiction, and they also offer lower fees on average.
The U.S. Army Corps of Engineers, on the other hand, tends to respond within 127 days following a FOIA request, on average. While this is 56% faster than other agencies in their jurisdiction, the success rate is lower. They fulfill 5% fewer requests than other agencies in their jurisdiction. In addition, the Army Corps of Engineers’ average fee rate is $304. This is lower than other fee rates for agencies in their jurisdiction, but they require a fee more often.
Sometimes, as is the case with the two agencies listed above, federal agencies have bodies that operate at the state level. State agencies are bound to state FOIA laws, which often means they have quicker response times. It’s always worth looking at whether or not the state agency is the appropriate body to FOIA, rather than their federal counterparts.
State agencies
The Illinois Environmental Protection Agency (IEPA) works to enforce the governor’s environmental policy frameworks within the state of Illinois. The IEPA also works in conjunction with over 50 different federal and state environmental agencies and departments, meaning it can be a good source for records of those agencies’ activities. As opposed to the federal EPA, the IEPA has an average response rate of just 22 days, and (as Illinois law dictates) has a required response time of 5 days, rather than 20. They also have a 54.5% success rate on MuckRock.
Oftentimes, environmental issues (especially those related to air pollution and lead contamination) are directly correlated to public health issues. For example, particulate matter (microscopic particles that, when airborne, can be inhaled and enter the bloodstream) has been linked to many serious health issues in Illinois, such as respiratory issues, heart disease and cancer. The Illinois Department of Public Health (IDPH) is the main organization to look at when tackling issues of public health as they relate to environmental injustice in Illinois. While the IDPH has its own guide on how to submit a FOIA with them, they also have a public data portal that may provide the information necessary without FOIA being involved in the first place.
Can you avoid FOIA?
Luckily for you, much of the information you might be looking for may already be available to the public. That said, it’s always best practice to check if you can find the data you want or need before you FOIA.
Below are some commonly used resources and databases to look at to determine whether or not you really need FOIA.
Chicago Data Portal
According to Taylor Moore, an independent journalist who helped break The Guardian’s investigation of the high levels of lead in Chicago’s water, the data analyzed for their investigation was sourced from the Chicago Data Portal.
Created in 2012, the CDP is an open data source updated daily by the City of Chicago. It’s home to a large number of datasets that are free to download. You can filter by category (they even have one specifically for FOIA!), or you can use the search bar to see if they’ve got what you’re looking for.
Though navigating an open data portal may not be the most intuitive thing in the world, the CDP has created a series of video tutorials that demonstrate the various ways you can explore and use the data.
EPA’s Enforcement and Compliance History Online
The U.S. EPA’s ECHO site gives you access to search local facilities and their adherence to environmental regulations at the state and federal levels. With ECHO, you can look at specific facilities, identify sources of pollution, analyze data and trends, and much more. While this site may give you the answers you need to avoid FOIA, it also might help you FOIA better.
“Based on what you find, the information can help you tailor FOIA requests to avoid claiming the requests are too burdensome,” suggested Michael Hawthorne via email, an Environment and Public Health Reporter at the Chicago Tribune.
Speaking of avoiding things that are unduly burdensome, EPA’s ECHO also provides video tutorials and a quick start guide to learn how to best navigate the site.
Illinois Open Data Portal
The Illinois Open Data portal is run by the Illinois Department of Public Health. It has been recently updated and grants access to public datasets related to and concerning Illinois health issues. This could be useful when investigating the relationship between public health issues and air pollution.
Above are just a few of the vast number of publicly available data sources that can help your environmental investigations. They are among the most helpful tools for an environmental journalist, whether they simply scratch an informational itch, or provide a foundation on which one can begin to start filing FOIAs like a pro.
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