Ashley Newton v. Department of Environmental Protection (SPR 20253449)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 26, 2025 SPR25/3449 Anne Berlin Blackman Chief Regional Counsel Department of Environmental Protection Central Regional Office 8 New Bond Street Worcester, MA 01606 Dear Attorney Blackman: On November 20, 2025, this office received your petition on behalf of the Massachusetts Department of Environmental Protection (Department/MassDEP) seeking permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Department furnished a copy of the petition to the requestor, Ashley Newton, of Rudolf Smith. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On November 5, 2025, Ms. Newton requested: [1] All documents and communications generated, conveyed or received by MassDEP since September 1, 2019, concerning the Arboretum Village Estates construction development (the “Site”) in Worcester, MA[;] [2] All Unilateral Administrative Orders (UAOs), Administrative Consent Orders (ACOs, or ACOPs), Notices of Violation and Notices of Noncompliance issued by MassDEP in connection with the Site since January 1, 2005[;] [3] All communications announcing the termination of any enforcement action— for example, any Return to Compliance Letters—issued by MassDEP in connection with the Site since January 1, 2005. Conclusion Subsequent to the opening of this petition, in emails to the Department and this office on November 24, 2025, Ms. Newton narrowed her public records request. In light of the decision to modify the scope of the request, I find it is unnecessary to opine on the Department’s petition at this time. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Anne Blackman, Esq. SPR25/3449 Page 2 November 26, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Ashley Newton Caress Rielly