The Interior Department has for about a year allowed political appointees to weigh in on which federal records are released to the public, creating delays that could violate open records law and expose the department to legal action.

“If political officials are becoming involved in the process and as a result of that causes the agency to not comply with its obligations” under the Freedom of Information Act, “that is a serious problem,” said Adam Marshall, an attorney for the Reporters Committee for the Freedom of the Press.

While Interior says the so-called awareness review process merely continues a practice informally exercised during the Obama administration, First Amendment lawyers say the department’s formal application of the policy is unusual.

Interior formalized its policy in May 2018 without a public announcement, and in February expanded its application to records relating to officials who left the department, including former Interior Secretary Ryan Zinke.

The process, which flags for review documents that name political appointees, has become a concern for lawmakers. Before his nomination to be the department’s solicitor was approved Tuesday by the Senate Energy and Natural Resources Committee, acting solicitor Daniel Jorjani was questioned by Democrats who wanted to learn more about his involvement in these reviews.