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Lawsuit Seeks to Prevent Destruction of Public Records
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Atlanta, GA (April 1, 2009) Today GreenLaw attorneys sought to protect our right to access public records kept by the government and thus ensure government transparency and openness essential to the fairness and due process of our legal system. GreenLaw filed a lawsuit on behalf of the Fall-Line Alliance for a Clean Environment and Friends of the Chattahoochee that asks the Superior Court of Fulton County to order the Georgia Environmental Protection Division (EPD) to produce previously requested documents and to enjoin the EPD “from destroying emails and other public records in violation of the Georgia Open Records Act.”

“To protect the record and preserve the opportunity Georgians deserve to have full access to public government documents, we have filed a lawsuit against the State of Georgia’s Environmental Protection Division,” said Justine Thompson, Executive Director of GreenLaw. “The public interest requires that information be kept and preserved,” noted Thompson. “Certainly this action was not taken lightly. However, the gravity of this matter is such that we felt compelled to move forward before any actions by EPD compromise the legal procedures and protections provided by our Constitution.”

This suit stems from a standard Georgia Open Records Act (GORA) request by GreenLaw on January 27, 2009 as part of its representation of Friends of the Chattahoochee in the Longleaf case which is challenging EPD’s permitting of a 1200 megawatt coal-fired plant in Early County (Friends of the Chattahoochee, et al. v. Georgia Environmental Protection Division et al.). As stated in this Complaint, an earlier request “had resulted in literally thousands of documents, including many emails, internal notes and memos, draft documents, and other such documents.” The Complaint continues: “The January 27 records request resulted in only one email being produced, in stark contrast to other instances of record production” related to Longleaf. EPD has not responded to a follow-up records request made on March 9 although the Open Records Act requires that an agency respond to any records request within three days.

“We have diligently pursued our legal options because we believe in American justice as much as we love our community in the wiregrass region of Early County,” said Bobby McLendon, president of Friends of the Chattahoochee. “We patiently await the decision of the court and trust that right and common sense will prevail.”
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Fall-Line Alliance for a Clean Environment brings together citizens and community to protect and preserve our air, water and land from pollution so that we may live and grow in the beautiful hills and farmland of Georgia. www.facenvironment.org

Friends of the Chattahoochee seek to protect the Chattahoochee River and the environment. A multi-state, non-profit organization that opposes any new industry that will adversely impact the Chattahoochee River watershed, it monitors existing industry to ensure that all environmental regulations and safeguards are being adhered to. www.friendsofthechattahoochee.org

GreenLaw is dedicated to preventing air and water pollution that endangers human health and degrades Georgia’s natural resources. GreenLaw achieves these goals by providing free high quality legal and technical assistance to environmental organizations and community groups throughout Georgia.

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