RESOURCES

“We’ve been fighting a corporate bully for years that has been emitting unhealthy and extremely objectionable emissions into the air in our community. Chris and Doug helped us to organize and present an appeal case to our county regulatory body against decisions protecting this goliath. In part due to their knowledge and guidance, we are now finally gaining some traction against this money grubbing, corporate entity that has been defiling the quality of life and the clean air in our neighborhood.”

George Eldridge

GET MUD OUT OF YOUR FAVORITE STREAM!

Have a construction site turning your favorite creek brown? Seeing muddy water pouring off a development every time it rains?

One of the most effective tools available to Tennessee citizens is a Water Quality Control Act citizen complaint, commonly called a "118(a) complaint."

The good news: you do not need to be a lawyer, scientist, or engineer to file one.

What you do need is information:

• Where is the pollution occurring?
• When did you observe it?
• Who owns the property, if known?
• Do you have photographs or video?
• Are erosion-control measures in place?
• Are the required permit signs posted?

One thing we like about the 118(a) process is that it puts TDEC on a timeline to respond. One thing we do not like is that environmental violations can disappear quickly. A site that is dumping mud into a stream today may be cleaned up before an inspector arrives.

For that reason, our recommendation is simple:

Document everything.

Take photographs. Take videos. Record dates and times. Save screenshots. If possible, capture GPS coordinates. The more information you provide, the easier it is for regulators to investigate.

We also recommend filing complaints with your local government in addition to TDEC. Depending on where you live, that may include county codes officials, city engineering departments, stormwater staff, or other local regulators.

In many cases, notifying multiple agencies results in a faster response than relying on a single complaint alone.

Finding the Property Owner

Most counties maintain online Geographic Information System (GIS) maps that identify property ownership. In Knoxville and Knox County, for example, KGIS can usually identify the property owner with a few clicks. Screenshots from GIS systems can help remove uncertainty about who controls a site.

Sample Forms

KELP Law Sample 118(a) Complaint
MAKING

Tennessee Clean Water Network Sample Complaint
https://www.tcwn.org/complaint/

Do not let the forms intimidate you.

A good complaint does not have to be fancy. Clear facts, a location, photographs, and a description of what you observed are usually far more important than legal jargon.

HELP KELP!

Having trouble getting an agency to respond? Need help investigating a development or environmental issue?

KELP Law regularly assists citizens, community groups, journalists, and nonprofit organizations with environmental investigations, public records requests, and government accountability matters.

Website: kelplaw.com

Email: kelpknox@gmail.com

Phone: (865) 696-2374

DIG INFORMATION OUT OF YOUR FAVORITE STATE AGENCY WITH TORA!

Its full name is the Tennessee Open Records Act (TORA).

We call it TORA because it sounds cooler.

TORA is one of the most powerful tools available to Tennessee citizens. It allows you to inspect and obtain records from state and local government agencies so you can find out what your government is actually doing.

Fast Pro-Tip:

If you request onsite inspection of records, agencies generally must allow you to inspect public records without charging copying fees. If you immediately demand copies of everything, there may be a cost. Often the better strategy is to inspect the records first, then decide what you actually want copied.

Most people think open records requests are complicated. They are not.

You do not need a lawyer. You do not need special forms. You do not need magic words.

You simply need to identify the records you want and send the request to the appropriate agency.

Many agencies now have online public-records portals that make the process easy.

For example:

TDEC Public Records Portal

https://www.tn.gov/environment/contacts/public-records-request.html

TORA is not limited to state agencies.

You can use it against counties, cities, school boards, utility districts, planning commissions, and many other governmental entities throughout Tennessee.

Keep Records of Your Requests

Save your emails.

Save your submission confirmations.

Save agency responses.

Create a paper trail.

If a dispute later develops, those dates may become important.

Don't Be Intimidated

This process was designed for ordinary citizens.

People often make it sound far more complicated than it is. A simple request is frequently all that is needed to obtain useful information.

Start with one or two requests and learn the process.

You will quickly become more comfortable with it.

What Should You Ask For?

Cast a broad net.

Consider requesting:

• Emails
• Letters
• Reports
• Maps
• Photographs
• Inspection records
• Permits
• Contracts
• Meeting materials
• Electronic records
• Databases and spreadsheets
• Text messages relating to public business

Tennessee law defines public records broadly and includes many forms of information maintained by government agencies.

Additional Resources

Tennessee Public Records Request Form

https://tcog.info/resources/tennessee-public-records-request-form/

National Freedom of Information Coalition Tennessee Resources

https://www.nfoic.org/tennessee-sample-foia-request/

Tennessee Open Records Act

https://law.justia.com/codes/tennessee/title-10/chapter-7/part-5/section-10-7-503/

FREEDOM OF INFORMATION ACT (FOIA)

The Freedom of Information Act (FOIA) allows members of the public to request records from federal government agencies. Whether you are researching an environmental issue, investigating government actions, conducting journalism, or simply seeking information, FOIA can be a powerful tool.

FOIA Cheat Sheet

A practical guide explaining the basics of FOIA, common agency obligations, deadlines, exemptions, and tips for making effective requests.

https://drive.google.com/file/d/1c-WXHCzcnzDJuh5L5b9g0GrlhhU5ZrPO/view?usp=sharing

FOIA-O-Matic

A fill-in-the-blank FOIA request generator designed to help you create a federal FOIA request quickly and easily.

https://drive.google.com/file/d/1Wn9GGmrTgI7ShJVNiL3Rtqt-cQkCUOU3/view?usp=sharing

Note: Many federal agencies now accept FOIA requests through online portals, and some have experienced FOIA personnel who can process requests efficiently. Others may be less familiar with FOIA requirements or may be slow to respond. While agency practices vary considerably, the Freedom of Information Act applies equally to all federal agencies subject to the statute.

ODDS and ENDS