In a lawsuit filed last month, an environmental group asked a judge to require West Virginia Attorney General Patrick Morrisey's office to hand over documents related to litigation against the U.S. Environmental Protection Agency.
Attorney William DePaulo filed the suit on behalf of the Keeper of the Mountains Foundation after Morrisey's office allegedly didn't timely respond to a request filed by the organization to obtain documents containing written requests from the state Department of Environmental Protection for legal representation before cases were filed by Morrisey against the EPA.
DePaulo said Friday that Morrisey's office handed over some of the documents requested since the filing of the lawsuit.
"They have handed over some of the documents or at least responded and they have produced some documents," DePaulo said.
He added that he would wait to see how the attorney general's office responds to the remaining requests before deciding whether to continue with the lawsuit.
On Oct. 7, DePaulo sent a FOIA request to Morrisey requesting copies of records pertaining to requests made by the governor, the DEP or any other state officer, board, commissioner or governmental body requesting legal representation relating to the Clean Power Plan that Morrisey's office has taken legal action over.
Morrisey's office received the request Oct. 13, according to a certified mail receipt attached to the complaint.
DePaulso said he made the same request to the DEP and they responded that no such documents exist in its office.
The lawsuit filed Oct. 22 is at least the third legal action taken against Morrisey's office over FOIA requests.
Last year, a Maryland marketing company accused Morrisey's office of witholding requested public records.
AEGON Direct Marketing Services Inc., based in Baltimore, filed a lawsuit saying Morrisey's office denied its request for documents related to itself and five other companies. The companies were sued by former Attorney General Darrell McGraw over allegations of violations of the state Consumer Protection Act.
A hearing is set for later this month in front of Kanawha Circuit Judge Jennifer Bailey.
In another FOIA case, the Charleston Gazette filed suit against Morrisey's office after he refused to release emails and other documents that could have shed light on his role in his office's lawsuit against drug giant Cardinal Health, a company his wife lobbies for.
King ruled, though, that Morrisey did not have to turn over the information, as seven of eight documents requested weren't public.
"The Attorney General's Office has been a strong advocate of FOIA and has gone well beyond the law's requirements to advance open, transparent government," Morrisey's office said in a statement attributed to spokesman Curtis Johnson late Friday. "We prevailed on every count in the only major lawsuit filed against the office by the Charleston Gazette and will continue to respond to FOIA requests while ensuring best practices in state government."
Earlier this year, the American Civil Liberties Union of West Virginia asked a Kanawha circuit judge to force the state Parole Board to provide information about an inmate denied parole.
The ACLU says it filed a FOIA request with the parole board and that neither the board nor the state Attorney General's office, which represents the board, responded to the request.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.