Marner said it may be true that some of the documents sought by Energy & Environment Legal Institute might be classified as unpublished research, manuscripts, preliminary analyses, drafts of scientific papers and plans for future research.

But the judge said the subject matter of the documents has become available to the general public. And that, Marner said, does not allow the university to withhold disclosure under a separate section of the law governing university records.

There was no immediate response from the university.

The ruling is a turnabout for Marner, who had previously ruled that some emails were properly withheld because they contained things like confidential information or attorney work product. He said at the time that the university did not act arbitrarily or capriciously in withholding other documents, including unpublished data, research, drafts and commentary.

But last year the state Court of Appeals told Marner to take another look.