19-IB01 1/23/2019 FOIA Opinion Letter to Mr. Christopher Coggins re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
The petitioner requested records regarding a site which was the subject of an environmental enforcement action. DNREC denied the request pursuant to pending or potential litigation exemption, and the petitioner alleged that DNREC improperly withheld records under this exemption.
DECIDED: No FOIA violation was found, as the requested records related to the subject matter of pending litigation between the petitioner’s clients and DNREC.