CDPHE - Study

Hello,

The Colorado Department of Public Health and Environment (Department) is in
receipt of your request for records below. You have specifically requested
the health-risk assessment referenced in the Department’s press release of
September 15, 2016. As further described below, the requested record is
being withheld by the Department as it is still in draft form and is
therefore covered by the deliberative process privilege.

Documents that are draft and records of communications that occurred to
explore options and reach a final decision are exempt from open records
under the deliberative process privilege set forth in § 24-72-204
(3)(a)(XIII), C.R.S.

Staff needs to engage in frank conversation to ensure decisions are
informed and documents are accurate. Disclosure of deliberative process
privileged documents stifles honest and frank discussion. In addition,
providing drafts has the possibility of providing inaccurate information to
the requestor.

This concludes the Department’s good faith response to your request for
records. Thank you,

*Monica Wilkerson*
*Records and Legal Services Liaison *

4300 Cherry Creek Drive S., Denver, CO 80246
P 303.692.2034 | F 303.692.7702 | Monica.Wilkerson@state.co.us

---------- Forwarded message ---------
From: CDPHE News <cdphe.officeofcommunications@state.co.us>
Date: Wed, Oct 31, 2018 at 9:31 AM

---------- Forwarded message ----------
From: <requests@muckrock.com>
Date: Wed, Oct 31, 2018 at 9:27 AM
Subject: Colorado Public Records Law Request: CDPHE - Study
To: cdphe.officeofcommunications@state.co.us

Department of Public Health and Environment

CPR Office

4300 Cherry Creek South Drive
<https://maps.google.com/?q=4300+Cherry+Creek+South+Drive+Denver,+CO+80246&entry=gmail&source=g>

Denver, CO 80246
<https://maps.google.com/?q=4300+Cherry+Creek+South+Drive+Denver,+CO+80246&entry=gmail&source=g>

October 31, 2018

To Whom It May Concern:

Pursuant to the Colorado Public Records Law, I hereby request the following
records:

- The CDPHE's health-risk assessment, announced in September 2016.

According to a government press release on 9/15/16: "The Air Quality
Control Commission today received a report from the three-year North Front
Range Oil and Gas Air Pollutant Emission and Dispersion Study conducted by
Colorado State University. Data from the study – and a similar Garfield
County study completed in June 2016 – will be used in a health-risk
assessment to be completed by summer 2018."

https://www.colorado.gov/pacific/cdphe/news/oil-and-gas-data

We are hereby requesting this health-risk assessment. In email
correspondence dated 10/15/18 CDPHE Communications Director Mark Salley
officially acknowledged that the CDPHE has this health-risk assessment in
its possession, and it is a document that is subject to the Colorado Open
Records Act.

This study is being requested not for commercial purposes and not by a
commercial entity. Capital & Main is a non-profit journalism organization
based in part in Colorado. The release of this study is critical for the
public's understanding of major environmental issues in front of the state
right now.

If you have questions, I can be reached at 720-854-4875 or by email at
dsirota@capitalandmain.com

The requested documents will be made available to the general public, and
this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform
me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or
CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 3 business
days, as the statute requires.

Sincerely,

David Sirota

Reporter

Capital & Main

(720) 854-4875

Filed via MuckRock.com

E-mail (Preferred): requests@muckrock.com

Upload documents directly:
https://www.muckrock.com/accounts/agency_login/department-public-health-and-environment-4151/cdphe-study-62375/?uuid-login=1e6c9256-56b3-46ac-97e5-dd7387859bc2&email=cdphe.officeofcommunications%40state.co.us#agency-reply

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For mailed responses, please address (see note):

MuckRock News

DEPT MR 62375

411A Highland Ave
<https://maps.google.com/?q=411A+Highland+Ave+Somerville,+MA+02144&entry=gmail&source=g>

Somerville, MA 02144
<https://maps.google.com/?q=411A+Highland+Ave+Somerville,+MA+02144&entry=gmail&source=g>
-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.