Because Freedom Can't Protect Itself

Idaho Conservation League v. Idaho Dept. of Agriculture – In a case about protecting the right of all Idahoans to have access to decisions affecting public health, the ACLU of Idaho represented the Idaho Conservation League after its request to inspect several feedlot nutrient management plans was denied by the Department of Agriculture.  On August 28, 2006, the Idaho Supreme Court agreed with the ACLU and held that “nutrient management plans” for dealing with livestock waste that cattle feedlots are required to submit to the State Department of Agriculture continue to be subject to public inspection under the Idaho Public Records Act despite a 2004 enactment by the Idaho legislature directing that the plans be returned to the feedlot operators once they have been approved by the Department.  

Justice Linda Copple Trout wrote for the majority that “These documents are clearly public records that are not expressly exempted by statute, regardless of whether ISDA (the Idaho State Department of Agriculture) retains possession of them.”  The majority also ruled that attorney fees in the appeal should be awarded to the Idaho Conservation League because the Department’s position that it no longer had a duty to make the nutrient management plans available under the Public Records Act after returning them to the feedlots was frivolous. 

The ACLU’s team of cooperating attorneys handling the case consisted of Dean J. (Joe) Miller, who took the lead in the District Court, Emil R. Berg, who took the lead in the Supreme Court, and W. Anthony (Tony) Park.