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

Critics argue that the ruling could enable state authorities to charge a high enough amount that discourages citizens from accessing public records.

Robert V. Denney Federal Building and U.S. Courthouse in Nebraska in September 2022. Google Maps/Screenshot via The Epoch Times

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.