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Judge Rejects Request to Block Publication of Entergy Documents in Arkansas

A federal judge denied Entergy Arkansas's attempt to obtain a temporary restraining order that would have barred the Arkansas Democrat-Gazette from using FOIA-obtained documents.

In Entergy Arkansas LLC v. Arkansas Democrat-Gazette Inc., Judge Lee Rudofsky declined to issue a temporary restraining order that Entergy Arkansas had requested to stop the newspaper from using documents obtained through a Freedom of Information Act request. The records, some marked confidential, were provided to Jessica Kivell after she filed the FOIA request with the Public Service Commission and were subsequently shared with the paper.

Entergy argued that publishing the material would reveal trade secrets and cause irreparable damage, seeking immediate injunction. The judge, citing general First Amendment protections and the Florida Star precedent, found no basis to halt the speech. The case is tied to a large renewable-energy deal in which Google will pay $526 million, plus additional funds for transmission upgrades, to build a 600-megawatt solar field and 350-megawatt battery facility serving its West Memphis data center.

Legal representation for the newspaper is provided by John T. Adams of James & Carter PLLC. The motion for the TRO remains sealed, leaving details of Entergy's arguments undisclosed.

Why it matters

The ruling affirms press freedom to publish government-released information, even when companies claim trade-secret protection.

In this story

temporary restraining orderFOIAtrade secretsfirst amendmentsolar projectbattery storagedata centerArkansaslegal precedent
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