Monthly Archives: August 2015

Testing the “working papers” environment

It’s been a busy time for FOIA lately.  There’s the Daily Press’s worthy crusade to bring some transparency to the judicial branch, which has encountered resistance from both the bureaucrats at OES and court clerks.  There’s the deceptively rigid wall against transparency — and fancy water — that is your only legal source for liquor in Virginia.  And there’s the challenge to the policy in some Virginia police departments against giving family members information on the suicide of a loved one, protecting them by keeping them in the dark.  This post highlights another interesting FOIA suit that has gotten less attention so far.

Tomorrow, Tuesday, August 18th, at noon, the Richmond Circuit Court will hear Horner v. Virginia Department of Environmental Quality (case no. CL15002505), which puts at issue one manifestation of the McAuliffe administration’s tendency to assert Va. Code § 2.2-3705.7(2)’s “working papers” exemption for everything under the sun.

Continue reading