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Exhibit 2 


Case 3:18-cv-00113-GEC Document 1-3 Filed 11/30/18 Page lot 3 Pageid#: 13 


Southern Environmental Law Center 


Telephone 919-967-1450 601 WEST ROSEMARY STREET, SUITE 220 

CHAPEL HILL, NC 27516-2356 


Facsimile 919-929-9421 


September 5, 2018 


VIA E-MAIL AND U.S. MAIL 


Freedom of Information Officer 
Council on Environmental Quality 
730 Jackson Place, N.W. 

Washington, D.C. 20503 
efoia@ceq.eop.gov 

Re: Freedom of Information Act Request: Proposed NEPA Rulemaking 

FOIA Officer: 

Pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and 40 C.F.R. § 

1515 et seq ., the Southern Environmental Faw Center (“SEFC”) respectfully requests all records 
in the possession of the Council on Environmental Quality (“CEQ”) that in any way relate to 
CEQ’s proposed rulemaking to update CEQ’s implementing regulations for the procedural 
provisions of the National Environmental Policy Act (“NEPA”), including but not limited to all 
records that in any way relate to CEQ’s Advance Notice of Proposed Rulemaking (“ANPRM”) 
titled “Update to the Regulations for Implementing the Procedural Provisions of the National 
Environmental Policy Act,” published in the Federal Register on June 20, 2018. 83 Fed. Reg. 
28591. 


For the purposes of this request, the term “records” includes all written, printed, recorded, 
or electronic materials, communications, correspondence, memoranda, notations, copies, 
diagrams, charts, books, papers, maps, photographs, data, tables, spreadsheets, formulas, 
directives, observations, impressions, contracts, letters, messages, and mail in the possession, 
custody, or control of CEQ. Please provide any electronic records in native file format. Please 
also include all responsive records generated up to the date this request is filled. 

The disclosure of the requested materials would be in the public interest because (1) it is 
likely to contribute significantly to public understanding of CEQ’s activities in relation to its 
review and revision of its NEPA regulations, which could have profound impacts on the 
environmental review process for federal actions, and (2) is not in the commercial interest of 
SELC. 


SEEC is a 501(c)(3) non-profit organization that works to protect the natural resources of 
the Southeast. For more than three decades, SEEC has relied on the procedures set forth in 
NEPA to help protect communities from poorly planned projects that can harm health, waste 
taxpayer money, and impact important natural resources in the Southeast. Now SEEC is actively 
engaging with more than 50 groups around the Southeast to respond to this proposed rulemaking. 


Charlottesville • Chapel Hill • Atlanta • Asheville • Birmingham • Charleston • Nashville • Richmond • Washington, DC 

Case 3:18-cv-00113-GEC Document 1-3 Filed 11/30/18 Page 2 of 3 Pageid#: 14 





In response to the ANPRM, SELC engaged the public and encouraged citizens to submit 
comments. SELC also submitted its own comments on behalf of more than 50 groups across the 
Southeast. More information about SELC’s efforts is available on our website, at 
https://www.southemenvironment.org/news-and-press/news-feed/speak-up-for-the-right-to- 

speak-up . The requested information will aid the public’s ability to respond to changes CEQ 
proposes to make to its NEPA regulations. 

We request that you waive any search and duplication fees and provide the requested 
records without charge, or at a reduced charge, pursuant to 5 U.S.C. § 552(a)(4)(A)(iii). The 
disclosure of the requested materials would be in the public interest because it is likely to 
contribute significantly to public understanding of CEQ’s activities and is not in the commercial 
interest of SELC or our clients. Courts have recognized that Congress intended EOIA’s fee 
waiver to be “liberally constmed in favor of waivers for noncommercial requesters.” McClellan 
Ecological Seepage Situation v. Carlucci, 835 E.2d 1282, 1284 (9th Cir. 1987). 

Should our request for reduced or waived fees be denied, we are prepared to bear the 
reasonable costs necessary to fulfill this request, although we request that you contact us before 
processing this request to discuss fees. We reserve our right to appeal a denial of our request for 
a fee waiver or reduction. 

EOIA directs a responding agency to make a “determination” on any request within 
twenty working days of receipt. 5 U.S.C. § 552(a)(6)(A). Should our request be denied, we ask 
that you inform us of the grounds for denial and the specific administrative appeal rights that are 
available. Please contact me at (919) 967-1450 or khunter@selcnc.org to arrange for inspection, 
copying, and electronic transmission of the requested documents. 


Sincerely, 



Kym Hunter 
Senior Attorney 


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Case 3:18-cv-00113-GEC Document 1-3 Filed 11/30/18 Page 3 of 3 Pageid#: 15