Following the Watergate Scandal in 1972, the federal, state, and local governments were looking to instill trust by increasing transparency and accountability through regulation. The Federal Sunshine Act was passed in 1976 to combat the distrust of the government and foster cohesion throughout the country. This Act states that, “every portion of every meeting of an agency shall be open to public observation.” While there are exceptions, most government agency meetings are subject to Sunshine Laws, which vary by state. For example, in Ohio a public body must give notice of the time and place of its meetings, the meeting must be open for the public to attend in person, and the public body must promptly prepare, file, and maintain meeting minutes, making them available to the public.
In April of 2020, due to COVID-19 lockdowns, many Sunshine Laws were indefinitely suspended throughout the country. Courtrooms began to hold virtual hearings and trials over telecommunication platforms like Zoom, Skype, and Teams. The Ohio Office of Attorney General announced, “… with the COVID-19 pandemic persisting, the General Assembly passed House Bill 197 and then H.B. 404, giving public bodies the ability to meet virtually instead of in person, as required by Ohio’s Open Meetings Act (R.C. 121.22).” Public bodies were no longer required to hold in-person meetings, hearings, and trials; rather, many public meetings and hearings became virtual. While numerous states have reinstated their Open Meeting/Sunshine Laws, others have continued to utilize telecommunications and hold most of their meetings, trials, and hearings virtually.
Many individuals across the country began to appreciate the accessibility that was allotted through the increased use of telecommunication platforms. However, this sentiment was not shared equally across all demographics due to lack of reliable internet access. For instance, more than 300,000 households in Ohio (1 million people) lack access to high-speed internet. Additionally, West Virginia is ranked 45th out of the 50 states in the United States for broadband penetrations with 30% of its residents living without broadband access.
Students and employees who did not have broadband access were unable to participate effectively in virtual school and work-related functions. Massive political campaigns like the Black Lives Matter movement and the evolving environmental movement were predominately pushed on social media, making them largely inaccessible to individuals who did not have broadband access. Additionally, information released on virtual platforms notifying the public about important health and safety issues struggle to reach rural communities with limited broadband access, posing a threat to public safety.
As a result of this lack of internet access, the shortcomings of civic engagement in federal, state, and local environmental agencies are more prevalent than ever before. Attorneys, engineers, and public officials have hundreds, if not thousands, of environmental compliance violation cases coming across their desks every year, making it easy for cases to go unattended. Internet access allows interested parties to file an online complaint, track the progress of their complaint, and contact attorneys, engineers, and public officials to ensure their complaint is investigated, a difficult task to accomplish with limited internet. Additionally, environmental compliance violation cases are time-sensitive. Therefore, the longer these environmental compliance violations sit on dockets and wait to be heard by judges, there is increased likelihood that there will be irreversible environmental damage and long-term health complications. Water contamination, exposure to PM2.5 (fine air pollution particles with a diameter less than or equal to 2.5 microns), improper removal of asbestos, and surface water contamination from oil spills are examples of environmental issues that create detrimental effects if not attended to promptly. It has now become increasingly important for people to protect themselves and their communities from dangerous and burdensome environmental hazards. Through knowledge and diligence, individuals can and should become their own best advocate.
A report drafted by the United National Environment Programme in 2019 states, "While environmental laws have become commonplace across the globe, too often they exist mostly on paper because government implementation and enforcement is irregular, incomplete, and ineffective.” Due to the exponential growth in environmental regulations, governmental transparency has become increasingly important. However, there has been a widespread failure of proper implementation of these regulations throughout the country. Federal, state, and local environmental enforcement agencies lack the necessary resources to require sufficient compliance. The Department of Environmental Protection, Environmental Protection Agency, Department of Environmental Conservation, and other such agencies struggle to foster the necessary coordination across government activities, engage in public involvement, have weak institutional capacities, and are severely underfunded. These shortcomings are why it is essential for civil society to continue holding government agencies accountable, a task only possible through enforcement of Sunshine/Open Meeting Laws and equal access to knowledge and information. Improvements to environmental regulations and enforcement begins with civic engagement, often enabled by Sunshine Law compliance.
The United National Environment Programme in 2019 also stated, “While enforcing existing laws is critical, the ultimate goal of environmental rule of law is to change behavior onto a course towards sustainability by creating an expectation of compliance with environmental law coordinated between government, industry, and civil society.” By collectively working towards providing equal access to information throughout the country, regardless of where an individual lives, we can take large strides toward increased coordination between government, industry, and civil society.
By Lena Constable, Fair Shake Legal Intern
