An audit by journalist groups found that public access to Comprehensive Emergency Response Plans (CERP), as required by law, was inconsistent and unreliable around the country. Only 44 percent of the requests for the CERP were granted in full, whereas 20 percent were partially released and 36 percent were completely denied.

CERPs are required under the Emergency Planning and Community Right-to-Know Act of 1986, which was passed in response to the world's most devastating chemical plant disaster in Bhopal, India. According to the March 11 report, CERPs "must identify facilities and transportation routes of hazardous substances, describe emergency procedures, outline notification procedures, describe areas potentially affecting, outline evacuation plans, list available resources and designate emergency response coordinators." To ensure that citizens are properly informed about what to do in cases of emergencies, the law mandates that the plans be publicly available.

Participants requested the 404 CERPs from the more than 3,000 Local Emergency Planning Committees (LEPC) in place around the country. Of the requests made, 177 requests (44 percent) were granted, 82 requests (20 percent) were partially granted, and 145 (36 percent) were denied in full. Officials gave various reasons for denying access to CERPs, many of which were illegitimate or misinterpretations. A director of one LEPC incorrectly stated that the USA PATRIOT Act barred public access to the information. Several reporters were told that state laws now prevented access to the emergency response plans, even though federal law supersedes state law. The threat of terrorism was one of the most often cited reasons for denying access to the plans.

The experiences of those granted access or partial access included other problems. Some reporters were followed by local police or subjected to criminal background checks. One reporter noted, "Someone was running my name through NCIC, a national database that contains criminal histories and is available only to law enforcement. Besides my name, they [had] my home address and plate number."

The audit underscores the lack of government transparency concerning important health and safety information. The law required public involvement in developing CERPs and public access to the document so that the process could be used to inform and prepare the public. Emergency planning is not as useful when the public, who must also be prepared to act in response to emergencies, is not informed as to the appropriate actions or procedures.

The audit was organized to coincide with Sunshine Week, an effort by the media, civic groups, libraries, universities, legislators and others to highlight the importance of open government. Members of the American Society of Newspaper Editors-Sunshine Week, the Coalition of Journalists for Open Government, the National Freedom of Information Coalition, and the Society of Environmental Journalists participated in the audit.