Energy & Environment Legal Institute v. Attorney General of Vermont

In a case brought under Vermont’s Public Records Law by Energy & Environment Legal Institute seeking communications of the Vermont attorney general regarding potential climate change-related investigations, a Vermont state court ruled that former Attorney General William Sorrell could be deposed on the extent to which he had documents and correspondence on a private email account that related to the plaintiff’s records request. The court said the plaintiff had presented an exhibit that showed Sorrell conducted public business on a private account to at least some extent. The court said paper work kept “in a desk drawer at home rather than at the government office” would not be exempt from public access, “no matter whether that happened unintentionally, negligently, or deliberately”—and indicated that the electronic format of documents would not alter the treatment of documents.