State Agencies Can Charge Fees for Reviewing Public Record Requests: Nebraska Supreme Court

Published on March 18, 2024

The Nebraska Supreme Court ruled on Friday that state agencies have the right to charge for reviewing public records when citizens demand access to them. The ruling came as part of a lawsuit filed by the nonprofit Flatwater Free Press against the Nebraska Department of Environment and Energy (NDEE). Flatwater sought agency emails containing the words “nitrate,” “nutrient,” “fertilizer,” and “nitrogen” as its reporter was investigating the issue of nitrate seeping into drinking water. The initial cost estimate by the agency came to be $2,000. Flatwater modified the request. The agency then provided a new estimate of $44,103.11. Flatwater thought the charge was excessive and, therefore, sued the agency....

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