New York High Court: Communications Between State Agency, EPA Not Privileged

New York High Court: Communications Between State Agency, EPA Not Privileged

ALBANY, N.Y. - New York's highest court on March 22 unanimously ruled that communications between the New York Department of Environmental Conservation (DEC) and the U.S. Environmental Protection Agency are not exempt from production under the state's Freedom of Information Law (FOIL) because the EPA is not considered an agency under the statute, nor is it the equivalent of an outside consultant (In the Matter of the Town of Waterford v. New York State Department of Environmental Conservation(, No. 50, N.Y. App.).

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