Dubois v. Dep't of Agric., Conservation & Forestry, 185 A.3d 743

In 2016 DACF investigated odor complaints about Dubois Livestock and sent a January 2016 letter; drafts of that letter and internal emails (some naming complainants) were the records sought by Dubois and Fedder under FOAA.
DACF initially produced some records, later withheld or redacted portions claiming informant-identity privilege (M.R. Evid. 509) and work-product protection.
Dubois and Fedder sued in Superior Court challenging DACF's partial FOAA denial; the court reviewed contested documents in camera, received DACF affidavits (including from Matthew Randall), and required an exceptions log.
The Superior Court upheld most redactions/withholdings as privileged (informant identity or work product), ordered limited additional production, and denied the request to depose Randall.
Plaintiffs appealed, arguing process (due process / right to confront witnesses) and that the informant-identity privilege did not apply because DACF regulations required disclosure of complainant names.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiffs were denied due process by being denied depositions and by the court relying on DACF affidavits	Dubois/Fedder: denial of deposition and reliance on affidavits deprived them of confrontation and meaningful opportunity to challenge facts	DACF: FOAA proceedings permit court to take testimony and other evidence; parties had notice, could file responsive materials, and raise contrary affidavits	Court: No due process violation; process (in camera review, affidavits, exceptions log, opportunity to submit materials) was adequate; deposition not justified (no good cause)
Whether DACF properly withheld/redacted names under the informant-identity privilege (M.R. Evid. 509)	Dubois/Fedder: regulation required notifying respondents of complainant names, so names are not confidential/public-records under FOAA	DACF: complainants are informants to a law-enforcement investigation; Rule 509 protects their identities from disclosure under FOAA	Court: Held DACF met burden; Rule 509 applies and bars FOAA production of informant identities; regulatory disclosure requirement does not override Rule 509/FOAA privileges

Dubois v. Dep't of Envtl. Prot., 174 A.3d 314 (Me. 2017) (addressing FOAA process and privilege issues in related disputes)
Dubois v. Office of the Attorney General, 185 A.3d 734 (Me. 2018) (companion opinion addressing process challenges and draft-letter disclosure)
Boutilier v. State, 12 A.3d 44 (Me. 2011) (standard of review for disclosure/withholding of informant identity)
MaineToday Media, Inc. v. State, 82 A.3d 104 (Me. 2013) (agency bears burden to show just and proper cause for FOAA denial)
Doyle v. Town of Falmouth, 106 A.3d 1145 (Me. 2014) (FOAA construed liberally; exceptions strictly)
Hughes Bros., Inc. v. Town of Eddington, 130 A.3d 978 (Me. 2016) (standard of review for FOAA compliance)