Mo. AG says department didn't violate Sunshine Law in E. coli case

Missouri Attorney General Chris Koster says the Department of Natural Resources didn't violate open records law because no one filed a formal request for the testing results, which showed high levels of E. coli in Lake of the Ozarks, the News-Leader reported. Koster said he thinks former DNR Deputy Director Joe Bindbeutel made a "mistake" in delaying the release of the report for four weeks. Although internal DNR e-mails indicate that Bindbeutel requested a copy of the report to take to a meeting with the governor, the governor's office denies that the meeting was about E. coli. Although media requests were made for these reports, the DNR officials didn't view them as official Sunshine request.

Attorney General Chris Koster says the Department of Natural Resources didn't violate the state's open records law in delaying the release of a report showing high levels of E. coli in Lake of the Ozarks.

Koster's office has been investigating allegations that DNR violated the Sunshine Law, which is meant to give citizens and the media access to public documents upon request.

But since no one filed a formal Sunshine Law request for the monthly testing results, Koster's investigator concluded there's no evidence a law was broken.

More here.

See the full PDF of the AG's report here.

View the letter DPS sent the News-Leader requesting seven more business days to review its request for video footage from the governor's office here.

Also, AG Chris Koster: No Sunshine Law violation in E. coli-gate, St. Louis Post-Dispatch.

Delayed data on E. coli at lake was wrong, not illegal, Koster says, Kansas City Star: "A DNR e-mail obtained by The Kansas City Star shows that the agency understood it had received numerous requests for test results. According to the e-mail by a DNR employee: 'In a nutshell, I have had email inquires from four reporters since May 26 and phone calls from those four plus a couple others … for information, interviews or data.'”

Koster has more work to do on E-coli scare at Lake of the Ozarks, Kansas City Star: "Specifically, Koster didn't have all the facts he needed before concluding that the DNR did not violate the Sunshine Law regarding pollution reports about the Lake of the Ozarks. Koster told a Kansas City Star reporter on Thursday that he did not know of a DNR e-mail that detailed requests for the information about E-coli levels in the lake back in late May. He said he would look into the new information, and he should."

Public health issue raises Sunshine Law questions

The Missouri Department of Natural Resources might have violated the Sunshine Law by not informing the public of a report indicating that dangerously high levels of E. coli were present in the Lake of the Ozarks, the Springfield News-Leader reported. The Lake Ozarks Water Alliance and the Lake Sun Leader newspaper had both asked for the routine reports and were denied access.

Attorney General Chris Koster's office is investigating whether the Department of Natural Resources broke the Sunshine Law by withholding a report showing dangerously high levels of E. coli in the Lake of the Ozarks to protect businesses and tourism dollars from a loss of revenue.

"Open government is in the best interest of Missouri, never more so than when concerns over public health are at issue," Koster, a Democrat, said in a statement.

DNR Director Mark Templeton said his agency turned over related documents to Koster's office Friday, but he declined to reveal their contents.

More here.

Newspaper uncovers water sample results via FOIA

FOI at Work!
The Exponent Telegram received copies of the weekly reports on water samples collected by the the city of Clarksburg, W. Va., via FOIA. Although the state doesn't have a standard for the level of total dissolved solids that are allowed in public waterways, the average level being discharged into the West Fork River is 527 parts per million. Pennsylvania has a limit of 500 parts per million. Levels in Clarksburg have reached as high as 852 parts per million.

Although West Virginia has not set a standard for the levels of total dissolved solids allowed in public waterways, the average levels being discharged at Clarksburg’s wastewater plant are higher than those allowed in Pennsylvania, records show.

Plant Superintendent Bill Goodwin said the average level of total dissolved solids being discharged into the West Fork River is 527 parts per million. Pennsylvania allows no more than 500 parts per million.

He said the amount by which Clarksburg exceeds Pennsylvania’s standard is quite small.

More here.

Water, Water Everywhere...Secret Water Pact Makes the Papers

Look for more of this sort of thing as water becomes more precious:

Officials from Alabama, Florida and Georgia signed a confidentiality agreement in January that includes two private utilities and prohibits the parties from disclosing to the public details of the ongoing negotiations over water rights in the region.

A Florida seafood industry group says the secrecy deal, which also includes the federal government, is illegal and is asking the state's open government commission to throw it out.

"It just fuels suspicion on the part of people down here whose livelihoods depend on this," Kevin Begos, executive director of the Franklin County Oyster & Seafood Task Force, said Tuesday. "We just feel that we have no real say in what's going on and we're not getting any solid information about what's being discussed."

The task force obtained a copy of the agreement through an open records request after state and federal officials provided few details on the status of negotiations last week.

Sarah Williams, spokeswoman for the Florida Department of Environmental Protection, said the agreement was intended to allow for open negotiations even as the states face off in a series of related court battles.

"The confidentiality agreement was there to ensure we can have open and fair discussions without compromising ongoing litigation," she said. "When we have more details, when we have a proposal, it will be put forth to the public."

But it seems the secrecy doesn't meet with everyone's approval:

Read more here.