ACLU sues Oklahoma AG/EPA nominee over failure to supply public records News
ACLU sues Oklahoma AG/EPA nominee over failure to supply public records

The American Civil Liberties Union (ACLU) of Oklahoma and the Center for Media and Democracy (CMD) [advocacy websites] filed [text, PDF] a lawsuit on Tuesday against Scott Pruitt, the Oklahoma Attorney General and nominee for head of the Environmental Protection Agency (EPA) [official website], alleging [press release] that he has not complied with Oklahoma’s Open Records Act regarding requests for public documents submitted by CMD. CMD has submitted seven different requests for public documents with the Attorney General’s office since January 2015. The Oklahoma Open Records Act requires “prompt and reasonable” access to the requested public records. The lawsuit claims that Oklahoma has an average response time of 68 days to requests of public records. They claim that the two years that CMD has waited for the requested documents is not prompt or reasonable. CMD and ACLU are requesting a declaration that Pruitt has violated the Open Records Act, all requested documents get immediately released, in camera review of any documents that are claimed to be exempt from public disclosure, and a preliminary injunctive relief to prevent Pruitt from destroying any records related to CMD’s requests. CMD is also requesting reasonable attorney’s fees.

The Senate Committee on Environment and Public Works held a hearing on the nomination of Pruitt for the head of the EPA on January 18. The confirmation vote was delayed [CNBC report] February 1 due to the threat of boycott by Senate Democrats. Democrats have criticized the Pruitt’s nomination due to numerous lawsuits that he has filed against the EPA. Pruitt has defended the lawsuits stating that he had “taken the legal action on behalf of an industry that is critical to his state’s economic vitality, not on the part of energy companies or their shareholders.”