Delaware's agricultural nutrient management strategy, as described in the Nutrient Management Act, is intended to restore water quality by controlling agricultural fertilizer runoff. Nutrient management is vital to the preservation of water quality, as agricultural fertilizers are a leading cause of hypoxia in the Delaware Inland Bays and the "dead zone" in the Chesapeake Bay.

Unfortunately, when the Nutrient Management Act was signed into law in 1999, a provision in the law exempted nutrient management plans from the Freedom of Information Act. This prevention of public disclosure casts a shadow on the ability of the Nutrient Management Act to achieve its stated goals.

We support an transparency in our state's regulatory programs and an amendment to the Nutrient Management Act that would remove the Freedom of Information Act exemption.