Pa. DEP Can Withhold Chesapeake Tank Fire Docs, Court Says

Law360, Philadelphia (April 9, 2013, 5:43 PM EDT) -- The Pennsylvania Commonwealth Court on Tuesday shot down an attorney’s Right to Know Law attempt to access the Department of Environmental Protection's records investigating a February 2011 fire at a Chesapeake Appalachia LLC natural gas drilling site.

A three-judge panel sided with the DEP in determining that the department had successfully shown that the records were exempt from disclosure under multiple legal provisions.

“We conclude that the records withheld by DEP in response to requester’s RTKL request have been properly shown by a preponderance of the...
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