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OMB Watch Logo
September 6, 2005 Vol. 6, No. 18:   


Published: 09/06/2005

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"Labor, Environment and Open Government Advocates Win! Attorney General Will Not Adopt OPRA Rules Blocking Access to Hazards Info," NJ WEC Press Release, August 30, 2005

Proposed restrictions on access to government records to be withdrawn, Newsday, August 30, 2005

Citizens Protest New Jersey's Proposed Homeland Security Secrecy, OMB Watcher, June 27, 2005




New Jersey Attorney General's Office Scraps Proposed Secrecy Rule

New Jersey's Office of the Attorney General has announced the state will abandon plans to establish controversial restrictions to its Open Public Records Act (OPRA). The restrictions, proposed in a state rule change, would have required requesters to prove a "need-to-know" before the state would release information about chemical hazards. The added burden on the public could have severely limited access to toxic-chemical inventories and other records widely used to monitor public health and safety, workplace conditions, and environmental quality.

The decision is welcome news to open government advocates who voiced strong opposition to the proposed restrictions since they were announced eight months ago. Earlier this summer, workers and environmentalists protested against the proposal, picketing the office of New Jersey Attorney General Peter Harvey. Protestors maintain that the proposed rules would have amounted to an "information lockout" and assert that safety, not secrecy should be the focus of state efforts.

According to New Jersey’s Acting Governor Richard J. Codey, input from public interest groups and media attention around the issue played a major role in the attorney general's decision to reconsider the secrecy rules. Specifically, an August 18 letter from Codey to the New Jersey Work Environment Council (WEC) read, "It is my understanding that based on substantive input received at the July 22 hearing and in written form during the two open public comment periods, the Department of Law and Public Safety has decided not to adopt the rule as proposed."

Rick Engler, executive director of WEC, comments that, "New Jersey open government advocates have convinced the attorney general's office that their proposed rule was far too sweeping and would have endangered worker and community health, as well as jeopardized federal funding for state safety enforcement." WEC is coalition of 70 labor, environmental, and community organizations that advocates for safe, secure jobs and a healthy, sustainable environment.