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MERRILLVILLE, Ind. (AP) — The Indiana Department of Environmental Management is refusing a newspaper’s request that it release calendar items showing when meetings were held to discuss the BP Whiting oil refinery’s air permit. IDEM at first denied a request from the Post-Tribune of Merrillville for copies of calendars that show when IDEM employees met internally or with Gov. Mitch Daniels’ office, the U.S. Environmental Protection Agency and BP regarding the permit, saying the calendars were exempt from public access because they were attorney-client or “deliberative” communications. But when the Post-Tribune objected in a letter, saying a notice of a meeting didn’t fit the exemption, IDEM changed its justification for denial without addressing the newspaper’s objections. “Pursuant to Indiana Code ... an agency may withhold diaries, journals, or other personal notes serving as a functional equivalent of a diary or journal,” Robert Keene, IDEM’s assistant commissioner, said in a letter. “In addition to the legal justifications cited in previous correspondence, your request is denied because calendar entries serve as the functional equivalent of a diary or journal.” To support his case, Keene quoted two opinions of the Indiana public access counselor in similar cases. But Steve Key, general counsel with the Hoosier State Press Association, disagreed with the agency’s reasoning. “This is a case where ... someone wants to try to stretch a calendar into a diary or a journal, but I don’t believe that is what the intent was” in the law, he said. Post-Tribune Executive Editor Paulette Haddix said the newspaper intends to file a complaint with the public access counselor to settle the matter. The Indiana Department of Environmental Management approved a construction permit in May for BP to begin a $3.8 billion expansion at the refinery, the nation’s fourth-largest, about 20 miles southeast of downtown Chicago. Environmental groups are challenging the IDEM permit, saying state regulators improperly granted it. The Post-Tribune also reported Sunday that IDEM has been updating Daniel’s office on media coverage of IDEM up to four times a week, labeling stories as positive, negative and neutral. The Post-Tribune obtained the e-mail updates under a public information request. The Post-Tribune asked the governor’s office whether it gets similar updates from other state agencies; whether the updates were sent at the request of the governor’s office; whether the governor’s office requested news articles to be categorized; and what the purpose of the reports is. The governor’s office refused to respond to any of the questions, the newspaper said. A telephone message seeking comment was left Monday by The Associated Press for Jane Jankowski, Daniels’ spokeswoman. Posted 12/9/2008 |
