Federal courts could, and should, play a more effective role in curtailing unnecessary government secrecy, argues Meredith Fuchs, general counsel at the National Security Archive, in a splendid new law review article.
“All too often, courts easily accept the argument that the executive needs unquestioning adherence to its judgments and that the court is not competent to assess those judgments in the realm of national security.”
“Yet judges have stemmed executive overreaching in other contexts involving national security claims. Judges have discretionary tools — such as the Vaughn Index, in camera review, and special master — available to help them do the same in the secrecy context,” she wrote.
Her article provides an updated introduction to the secrecy system, a critique of secrecy policy, and a survey of recent judicial actions.
See “Judging Secrets: The Role Courts Should Play in Preventing Unnecessary Secrecy” by Meredith Fuchs, Administrative Law Review, Winter 2006.
DOE is already very well set up to pursue an energy dominance agenda for America. There’s simply no need to waste time conducting a large-scale agency reorganization.
FAS today released permitting policy recommendations to improve talent and technology in the federal permitting process. These recommendations will address the sometimes years-long bottlenecks that prevent implementation of crucial projects, from energy to transportation.
The United States faces urgent challenges related to aging infrastructure, vulnerable energy systems, and economic competitiveness. But the permitting workforce is unprepared to implement changes. Here’s how they can improve.
S.325 would establish a clear, sustained federal governance structure for extreme heat by bringing all responsible agencies together to coordinate planning, preparedness, and response, a key recommendation of FAS’ 2025 Heat Policy Agenda.