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2019 Op. Del. Att'y Gen. 1 (2019)

handle is hein.sag/sagde0066 and id is 1 raw text is: 






                                                             CIVIL DIVISION (302) 577-8400
                                                                FAX: (302) 577-6630
                                DEPARTMENT OF JUSTICE      CRIMINAL DIVISION (302) 577-8500
                                   NEW CASTLE COUNTY            FAX: (302) 577-2496
    KATHLEEN JENNINGS           820 NORTH FRENCH STREET     FRAUD DIVISION (302) 577-8600
      ATTORNEY GENERAL         WILMINGTON, DELAWARE 19801       FAX: (302) 577-6499

      OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE

                        Attorney General Opinion No. 19-IB30

                                    June 20, 2019


VIA EMAIL

Kenneth T. Kristl, Esquire
Widener University, Delaware Law School
Environmental & Natural Resources Law Clinic
ktkristl widener edu


       RE:   FOIA Petition Rearding the Delaware Department of Airiculture


Dear Mr. Kristl:

       We write in response to your correspondence submitted on behalf of your client, Maria
Payan, alleging that the Delaware Department of Agriculture (DDA) violated Delaware's
Freedom of Information Act, 29 Del. C. §§ 1000 1-10007 (FOIA) in connection with your request
for records. We treat your correspondence as a Petition for a determination pursuant to 29 Del. C.
§ 10005 regarding whether a violation of FOIA has occurred or is about to occur. As discussed
below, we find that DDA failed to include the reasons for redacting portions of the provided
records in its response as required by FOIA. Because DDA has since provided those reasons, no
additional actions are recommended. We respectfully caution DDA to state its reasons for any
redactions in its future responses.


                                  BACKGROUND

       On April 10, 2019, your client sent a FOIA request to DDA for copies of the notice of
intent, animal waste management plan, and permit records for 21 Concentrated Animal Feeding
Operations (CAFOs) that were identified in a public notification for permit coverage issued by
DNREC and DDA on April 10, 2019. 1 Ms. Payan initially objected to the treatment of her request


1     Petition.

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