Tuesday, August 7, 2012

Department of Environmental Protection v. Legere – The Commonwealth Court affirms the OOR's order requiring the DEP to provide information under RTKL.

On July 31st, the Pennsylvania Commonwealth Court affirmed the Office of Open Record’s (OOR’s) order that the Department of Environmental Protection (DEP) must provide information under the Right to Know Law (RTKL) even if the records are not in the format requested.  In 2011, the DEP denied several RTKL requests from Legere because the files were not maintained in a way which made the information readily available.  The OOR ruled in favor of Legre and the DEP petitioned the Commonwealth Court to review five issues in the OOR’s ruling.  The Commonwealth Court affirmed the OOR’s ruling on all five issues.
Written by Joseph Negaard, Research Assistant
Penn State Law, Agricultural Law Center
August 7, 2012

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