Right-to-Know Law • Radiation Protection Act Exception • Public Safety and Security • Confidential Proprietary Information
Smith v. Pa. Dep’t of Envtl. Protection, PICS Case No. 17-0853 (Pa. Commw. May 8, 2017) Pellegrini, S. J. (30 pages).
OOR erred in holding that a “well site” was not an “industrial plant” and court found that investigative reports pertaining to well sites were public records in a RTKL action but OOR correctly held that DEP met its burden of showing that certain records were exempt under the attorney-client privilege and/or work product doctrine, records relating to the location of radioactive material were exempt under public safety and security concerns, other documents were exempt under trade secret and confidential information, the notes and working papers, internal predecisional deliberation and noncriminal investigation exemptions. Affirmed in part and reversed in part.
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