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Saturday, January 19, 2008

EPA to Congress: "FU"

Frankly, I've never heard of a government agency invoking "executive privilege" before. The President, yes. An agency like the EPA, no. Maybe I just haven't been listening, but I have a feeling this is breaking new ground:

Invoking executive privilege, the Environmental Protection Agency on Friday refused to provide lawmakers with a full explanation of why it rejected California's greenhouse gas regulations.

The EPA informed Sen. Barbara Boxer, D-Calif., that many of the documents she had requested contained internal deliberations or attorney-client communications that would not be shared now with Congress.

"EPA is concerned about the chilling effect that would occur if agency employees believed their frank and honest opinions and analysis expressed as part of assessing California's waiver request were to be disclosed in a broad setting," EPA's associate administrator Christopher P. Bliley wrote.

More than a week after a deadline set by Boxer, the agency gave her environmental committee a box of documents with numerous pages left almost entirely blank and others with key information redacted, Boxer said.

The documents provided Friday by the EPA omitted key details, including a presentation that Senate aides said predicted EPA would lose a lawsuit if it went to court for denying California's waiver.

The refusal to provide a full explanation is the latest twist in a congressional investigation into why the agency denied California permission to impose what would have been the country's toughest greenhouse gas standards on cars, trucks and sports utility vehicles.


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