Minnesota Pollution Control Agency Restricts Public Access to Records Following A Call from Koch Refining Co.

Strategic Insights -

The Minnesota Pollution Control Agency (MPCA) has restricted public access to key records, including a $6.9 million pollution penalty on Koch Refining Co., after a Koch attorney cited a statute designed to protect whistleblowers. This move has sparked a review of the state's open-records law, potentially limiting access to previously public files across state agencies. The restrictions have raised concerns among environmentalists and others, who were denied access to routine matter files.

Key Takeaways:

  • A Koch Refining Co. attorney's call to the MPCA led to the restriction of key investigative files, including a $6.9 million pollution penalty.
  • The MPCA is reviewing the state's open-records law, potentially limiting access to previously public files across state agencies.
  • Environmentalists and others were denied access to routine matter files, sparking concerns about the MPCA's openness.
  • The state's Data Practices Act, which is supposed to protect whistleblowers, is being used to shield a company from public scrutiny.
  • MPCA Commissioner Peder Larson expressed discomfort with the situation, stating the law was "written inappropriately."
  • The MPCA is refraining from releasing files related to investigations or potential wrongdoing, citing a need to review the law.
  • Deputy MPCA Commissioner Lisa Thorvig emphasized that the agency is not protecting Koch, but is complying with the statute to protect whistleblowers.
  • The agency is seeking a legal definition of what constitutes a whistleblower, which could have far-reaching implications.

Statistics:

  • The $6.9 million pollution penalty on Koch Refining Co. is one of the key files restricted by the MPCA.
  • The MPCA has received complaints about the restriction of public information, with potential implications for nearly every state agency.
  • The agency has homeless to review many files to remove the names of whistleblowers, a potentially time-consuming task.
  • The state's Data Practices Act was amended in 1996 to include the provision protecting whistleblowers.

Sources:

  • "MPCA reviewing public records policy," by Lee Anderson, St. Paul Pioneer Press. (No date mentioned)
  • "Koch lawyer says agency must protect employee names, records," by Lee Anderson, St. Paul Pioneer Press (No date mentioned)
  • "MPCA State inquiry into pollution at Koch's refinery dragged on for years," by Lee Anderson, St. Paul Pioneer Press (No date mentioned)