40 CFR § 1515.22

40 CFR · Protection of Environment

§ 1515.22 — How will CEQ process my appeal?

40 CFR § 1515.22

TitleTitle 40: Protection of Environment PartPart 1515: Freedom of Information Act Procedures

SourceeCFR (current through Apr 10, 2026)

This text of 40 C.F.R. § 1515.22 (How will CEQ process my appeal?) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

40 C.F.R. § 1515.22 (2026).

Text

§ 1515.22 How will CEQ process my appeal?

(a)CEQ will review the determinations you have appealed and determine if they are consistent with applicable law and policy. CEQ will conduct this review de novo, which means that CEQ will not presume that its prior determinations were correct. Whenever reasonably possible, CEQ will assign your appeal to a different official than the one who was responsible for processing your original request.

(b)CEQ will respond to your appeal within 20 working days from the date that CEQ received your appeal.

(c)If CEQ determines to uphold a determination that you have appealed, CEQ's response will:

(1)Include a statement that identifies our reasons for affirming the decision, including any FOIA exemption CEQ applied in determining to affirm our determina

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§ 1515.22 How will CEQ process my appeal?

(a) CEQ will review the determinations you have appealed and determine if they are consistent with applicable law and policy. CEQ will conduct this review de novo, which means that CEQ will not presume that its prior determinations were correct. Whenever reasonably possible, CEQ will assign your appeal to a different official than the one who was responsible for processing your original request.

(b) CEQ will respond to your appeal within 20 working days from the date that CEQ received your appeal.

(c) If CEQ determines to uphold a determination that you have appealed, CEQ's response will:

(1) Include a statement that identifies our reasons for affirming the decision, including any FOIA exemption CEQ applied in determining to affirm our determination to withhold a record or a portion of a record; and

(2) Explain how to challenge our determination by filing a lawsuit in Federal court and how to seek dispute resolution services from the National Archives and Records Administration's Office of Government Information Services.

(d) If CEQ determines to reverse or modify a determination that you have appealed, we will reprocess your request in accordance with the reversed or modified determination, using the procedures set forth at § 1515.15.

(e) CEQ ordinarily will not adjudicate an appeal if the appealed request becomes the subject of litigation.