Anti-fracking group sues NYS Department of Health

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September 18, 2013

An anti-fracking group is suing the Department of Health for access to documents studied as part of the health commissioner’s review on fracking.

The Seneca Lake Pure Waters Association tried to acquire the documents under Freedom of Information requests, but was denied when the DoH said information in the articles was exempt.

Attorney Rachel Treichler is representing the group on a pro-bono basis.

She says that while opinions in the documents may be redacted, the group is entitled to see any scientific data and factual information.

“They’re also supposed to produce a list of the documents that they are claiming are exempt. So, they can’t just give a broad-based claim that ‘oh, everything’s exempt,’ they have to identify what documents they are claiming are exempt.”

Treichler says the next step will be for the court to force the Department of Health to release a list of documents they’re classifying as exempt.