Dubois v. Department of Environmental Protection

The Supreme Judicial Court vacated in part the judgment of the superior court affirming in part the Department of Environmental Protection’s partial denial of Appellants’ Freedom of Access Act (FOAA) request for public records related to Dubois Livestock, Inc. While the Department provided a substantial set of records to Appellants, it denied access to records that would be privileged against discovery or use as evidence in the course of a court proceeding. The Supreme Judicial Court (1) affirmed the superior court’s judgment as to the records that were withheld pursuant to the work product privilege; but (2) vacated the superior court’s judgment as to the records that were withheld based on the informant identity privilege, holding that there were factual disputes regarding findings necessary to a determination that there was “just and proper cause” for the Department’s withholding of records containing the identities of complainants. View "Dubois v. Department of Environmental Protection" on Justia Law