The opinion added that “it is the role of Congress to declare, through the enactment of statutes, what the laws and public policy of this state are.”
The Supreme Court case overturned an order by Lancaster County District Court Judge Ryan Post.
The case began in his courtroom with a lawsuit by online news publication Flatwater Free Press against the Department of Environment and Energy (NDEE). Reporters and editors disputed his NDEE estimate that he would be paid $44,000 for reviewing and copying the emails.
Judge Post ordered the state agency to provide an estimate of the cost of providing a copy without incurring any cost to review the contents. The Supreme Court's decision recognizes the higher costs claimed by NDEE.
The document was part of Flatwater's ongoing coverage of nitrate contamination in Nebraska's groundwater.
During court proceedings, the state justified the fees by arguing that employees must be careful to avoid divulging personal information or trade secrets.
Matt Wynn, editor-in-chief of Flatwater magazine, said in a phone interview that negotiations over the release of the documents were conducted in “bad faith” by state officials.
“We just lost the ability to police those in power,” said editor-in-chief Matt Wynn.
“I think when they give estimates like this, they're giving us numbers to get us out,” Wynn said. “And when I say we, I mean the people, not journalists.”
Editors are considering whether to pay the state for public records.
That opinion was challenged by Nebraska Attorney General Mike Hilgers on appeal to the Supreme Court, which ruled that the publication had the right to pursue the claim.
The attorney general did not comment on the court's opinion.
NDEE did not directly respond to the court's opinion in an email, but said the department has “consistently complied with all requirements of the Nebraska Public Records Act.”
Spokeswoman Carla Felix added, “We stand ready to respond to Flatwater Free Press's public records requests or to cooperate with narrowed requests.”
