Informal Opinion Letter Summary

Memo Decision 10-1

Investigative Records of Grounding of USS Port Royal

The Sierra Club asked whether the Department of Land and Natural Resources (“DLNR”) properly denied their request for “any and all documents including, without limit, journals, reports, photos, videos, communications, and logs, regarding the grounding of the USS Port Royal on February 5, 2009 and any subsequent investigation.”

OIP reviewed DLNR’s list and description of responsive records and found that the records, as described, were either communications with legal counsel or records prepared by DLNR personnel in its investigation carried out in anticipation of litigation with the U.S. Navy. Accordingly, OIP concluded that the records are protected under the work product and attorney-client privileges and thus may be withheld under sections 92F-13(2), (3) and (4) of the UIPA.

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