Environmental Law

Contact: Spencer Fane Britt & Browne LLP (Missouri, USA)

In an effort to resist the production of documents sought by an environmental group under the Colorado Open Records Act, the Colorado Attorney General filed a petition on September 5, 2013, on behalf of the Colorado Department of Public Health and Environment (“Department”), seeking to protect disclosure under the “deliberative process privilege.” The case presents an intriguing question of exactly how much and what types of information must be made available to the public under the Colorado Open Records Act as it pertains to an environmental cleanup action.

The Cotter Cańon City Uranium Mill in southern Colorado is on the EPA’s National Priority List and is the subject of a federal court-ordered consent decree and remediation action plan. By agreement with the federal government, the Mill is regulated under state law by the Department. 

Read more at: Spencer Fane's Environmental Law Solutions Blog.