19-IB08 2/18/2019 FOIA Opinion Letter to Mr. Richard Abbott re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control

This Office was asked to determine whether DNREC properly applied the pending or potential litigation exemption in response to a request for records.
DECIDED: The records request should not have been denied in its entirety. Insofar as DNREC may have withheld any records which do not pertain to the pending case that were not otherwise exempt, DNREC would be in violation of FOIA.