Energy & Environment Legal Institute v. Arizona Board of Regents

The Arizona Court of Appeals ruled that a trial court had applied an incorrect standard to its review of a decision by the Arizona Board of Regents to deny requests for records of climate scientists at the University of Arizona. The appellate court said that the Superior Court should have reviewed de novo the Board’s justification for withholding emails addressing “prepublication critical analysis, unpublished data, analysis, research, results, drafts and commentary,” rather than determining whether the Board had abused its discretion or acted arbitrarily or capriciously. The appellate court remanded to the Superior Court, saying that it should weigh the Board’s determination that disclosure would be detrimental to the best interests of the state against the presumption favoring disclosure. The appellate court affirmed the Superior Court’s decision with respect to the Board’s withholding of emails that contained confidential information or attorney work product.