EPA Denies Docs On Calif. Emissions Law

Agency Cites Executive Privilege On Why State's Greenhouse Gas Regulations Were Rejected

(AP)  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.

"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.

The document dump 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.

Sixteen states were ready to adopt the California rules or were considering doing so had the EPA approved the state's request for a waiver under the state Clean Air Act.

In denying California's request last month, EPA Administrator Stephen L. Johnson told Gov. Arnold Schwarzenegger that the federal government is implementing its own national fuel efficiency standard.

Johnson's decision prompted several congressional investigations and a legal appeal earlier this month by California and 15 other states.

Boxer and Rep. Henry Waxman, D-Calif., have asked the agency for more information about why it denied California's plan.

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.

She called the agency's failure to comply with a legitimate congressional request "an insult to the American people and a dereliction of duty."

Boxer had threatened to subpoena the agency if it did not turn over the documents about the waiver decision. She said she would continue her quest for all the information. Boxer aides said the agency's offer to show her the redacted information privately was not satisfactory.

EPA spokesman Jonathan Shradar said Boxer and her aides were welcome to view and take notes on the entire documents.

"The documents are going to show the decision remained the responsibility of the administrator," Shradar said. "He stands by his decision."

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

In one example, everything but the titles was omitted from 16 pages of a 43-page Power Point presentation provided to the committee, according to a copy of the document e-mailed to The Associated Press.

California needs a federal waiver under the Clean Air Act to implement stringent tailpipe rules under a 2002 state law.

The requirements would force automakers to cut greenhouse gas emissions by 30 percent in new cars and light trucks by 2016, with reductions starting with the 2009 model year. At least 16 other states also want to implement the regulations.

Earlier this month, California and 15 other states sued the EPA in a bid to force the agency to review its decision. The lawsuit was another reason cited by the agency Friday for keeping its decision-making documents private.

"Further disclosure of this type of confidential information could jeopardize the agency's ability to effectively litigate claims related to California's waiver request," the EPA's Bliley wrote.

[brianbwb-2009]

"executive privilege" should not exist in law, as there is no foundation, other than Nixon making up the term to attempt to cover his crimes.

Citing "executive privilege" logically implies that presidential participation was somehow behind the denials, and is yet another reason to begin corruption impeachment hearings.

[p-syrus]

"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.

---------


In other words:"God forbid the american people should actually find out how the Bush Administration makes decisions. That would completely destroy any remaining vestiges of credibility."

[Larry Fafarman]

It has been a month since EPA administrator Johnson sent Calif. Gov. Schwarzenegger a letter announcing denial of the waiver (i.e., a waiver of federal preemption of auto emissions standards) and the EPA still has not published the denial in the Federal Register. The EPA''s decision was already overdue because the public comment period had closed in June.

I am in favor of energy conservation and limiting greenhouse gases, but IMO the California waivers are not the proper way to pursue these goals.

IMO the California waivers should be abolished. Because of the high mobility of motor vehicles and air pollution, motor vehicles sold anywhere in the country must have very stringent emissions standards. One of the main reasons for the California waivers was to use California as a "testing area" for new emissions control technologies and equipment, but now that emissions technologies have matured, that is no longer a valid reason for the waivers.

[watcher269-2009]

Seig Hail!

If this is not Fascism - THEN WHAT IS?

Hail KING Bushit and his Jester Chainy!

Any toilet paper around here - I gotta wipe.

Wake UP America - Who runs this Fu*king Country?

[mcvet]

Will this Nightmare that is called the Bush Administration EVER end? The EPA claiming Executive Privilage??? The EPA for God''s sake!! What kind of people keep supporting this kind of corruption and arrogance? They sure as Helll aren''t American''s that''s for sure. Sieg Heil Bush!!

[formrusmcsgt]

"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."

As absurd as it is disgusting.

[sandy777-2009]

Whenever there is a coverup by the shrub and his cronies....they start screaming executive privilege. I can''t wait until the next president gets in there to cleanup the shrub and his cronies mess. How I wish November was here already.

[Krazcarl]

What is wrong with these jockers they ruin the economy stick us in thier dirty wars steal our organs after we die now poisoning the air is cool don''t these idiots realize they have to breath to don''t they have children. Why doesn''t the lame congress do something??? The old saying power corrupts and absolute power corrupts absolutely IT HAS.

[sandy777-2009]

When the dictator Bush vetoes almost every bill that Congress puts forward....how can Congress do its job for the people? Bush does not care about "WE THE PEOPLE....." blame Bush not Congress.

[dimmu19]

What do you expect when a president puts all his business buddies in charge of everything?

[hungry1968]

How can EVERY single person that works for the federal government, have the ability to invoke "executive privilege"? What happened to "sunshine laws" and "open access to government"?

What happened to "by the people, for the people"?

Our founding fathers would launch a revolution against this president / government if they were here today.

[cbsblogger]

The Democrats in Congress had one obligation; to restore accountability of the Presidency, restore the power of the people, and to the correct the abuses of the Constitution under this President....instead Pelosi rolled over like a lap dog by taking impeachment off the table. The Dems are worthless.

[Krazcarl]

SANDY777....The congress has the grounds on many different levels to start impeachment procedings but half of them had a finger in the pie and sit like bushes lap dogs and say mean things once in a while for the constintuents back home so nothind is or will be done there as sorry as he is they just flew in under the radar and Bush knows this and is not worried. Like J Edgar Hoover he''s got enough trash his job is safe.

[rowdytexan2]

The documents obviously prove that this man went against the advice of his staff and did what Cheney told him to do.

The EPA is not a part of the president''s office, how can they evoke executive privilege???

[creeper00]

Can you say "stonewall"?

I knew you could.

[crazyivan32]

The EPA is right to deny CA''s request for a waiver. This is a classic battle of federal vs. states rights (see the civil war for details). The fault of the EPA is not in denying CA''s request, it''s fault is in not implementing tougher standards on a federal level, which is what has forced CA and the other states to do on their own what the feds are not willing to do. By granting CA''s request, you effectively allow CA, and 15 other states, to dictate national policy for all 50 states. National environmental policy is supposed to be the EPA''s job, but sadly, is one which they are not doing very well. Of course, big money is at the bottom of the EPA''s failure to act.

In this EPA/CA fight, there''s a similarity with Kyoto, where Bush is correct in rejecting the protocol (since it is deeply flawed on many levels), but totally incorrect in not implementing a BETTER program on his own. Of course he would never do this because he is a man of no personal character or morality...but that is a discussion for another post.

[magoo2u1]

At this point the issue isn''t denying the waiver request, it is keeping the reason for the denial secret. California can''t make a change to qualify if they don''t know where the problem exists. This is commonly refered to as TYRANNY on planet EARTH. DO AS I SAY AND DON''T ask questions. The Bush administration is a dictatorship the full breadth and depth of it''s reach. I have quit the Republican party forever.

[rudy654-2009]

Excerpt: "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,"

Why? Why would they be concerned about a chilling effect? If they are doing what they are supposed to, then what are they afraid of? Is the EPA part of the executive branch, or is it a government agency working beneath the three branches of government? This is plain weird.

[rudy654-2009]

Posted by crazyivan32 at 11:39 AM

Wow. You sure said a lot for saying absolutely nothing that applies.

[displeased]

Just another example of our greedy government not supporting our efforts to become more efficient.

[watcher269-2009]

Admit Nothing

Deny Everything

Make Counter Accusations!

Job Done!

Bushit - Standard Operating Procedure!

[rowdytexan2]

In order to impeach, they have to have evidence...how you going to get evidence that''s been destroyed?

It will take years of court battles to get any evidence that''s left.

They need to be busy watching him like a hawk until his eleven months is up. And stalling any legislation that he can veto and make them write it his way.

I do not have much hope that Bush''s court appointees are going to be agressive in making him produce anything.

My only hope is that somebody out there will move on them for war crimes. The fact that he committed an illegal war of agression is right out there.

[inventagod]

Executive privilege?

The Environmental Protection Agency?

What''s wrong with this picture?

Has Marie Antoinette returned from the dead to rule America?

[crazyivan32]

Wow. You sure said a lot for saying absolutely nothing that applies.

Posted by rudy654 at 12:04 PM : Jan 20, 2008

How do you figure? If the EPA was doing their job, none of this mongoose and cobra act between CA and the EPA would be necessary. Federal desires are supposed to trump individual states desires. But for that to work, it requires the feds to do their job. That was my point, and it is certainly relevant to this discussion.

In your next reply, maybe you could try to lose the sarcasm and say something specific and relevant yourself. Or maybe sarcasm is all you''ve got to offer...

[lorinkundert]

The EPA does not have executive privilege, only the President can claim that. The Federal Government is obliged under the Constitution that created it to be accountable to the people.

[bm6005]

No wonder the Emperor Boosh walks as he does. Talk about BALLS!! If this weren''t so scary it''d be laughable. See how far YOU get in a police station citing "Executive Privelege""!!

[sgtrds]

"Executive privilege"? Are the effing insane? That is one of the single most ridiculous legal arguments to come out of this administration and they''ve had LOT''S! HEY! EPA! You work for US, not the White House! We''re your bosses, not them! We are the real executives! Bas*tards!

[toolmangler-2009]

"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"



That (executive privilege) is something only Kings and Dictators make use of. Elected officials ''MUST'' be held accounable to the electorate because ''we'' are their Bosses. This business of "its easier to ask forgiveness than to ask permission" has to stop.

[Larry Fafarman]

Executive privilege, executive shmivilege. Releasing these documents is part of defending the decision to deny the waiver. Without seeing these documents, we can''t judge whether the EPA staff''s reasons for recommending granting the waiver are persuasive or not.

If the EPA wants to protect individuals, then the EPA could simply blot out or bleep out individuals'' names and pictures.

SgtRDS said (02:32 PM : Jan 20, 2008) --
--"HEY! EPA! You work for US, not the White House! We''''re your bosses, not them! We are the real executives! Bas*tards! "--

Right. Many or all of the EPA staffers who made the recommendation to grant the waiver are career civil service employees, not political appointees.

[fiteit1]

The EPA informed Sen. Barbara Boxer, D-Calif., that many of the documents she had requested contained internal deliberations or attorney-client communications.

Attorney-client privilege should only apply in the private sector. The EPA is a government agency and all information flowing through that office is public information. Who ever appointed the director needs to fire him and release the records. If it doesn%u2019t happen during Emperor Bush%u2019s reign then it needs to happen when he%u2019s over thrown.

Any new battles with the emperor needs to be put on hold till Feb 2009 and then let the flood gates open and prosecute them all. This way the emperor won%u2019t get the chance of commuting or dismissing charges of the wrong doer%u2019s.

[lawyertom1]

By withholding documents, EPA demonstrates once again that it is the handmaiden of The Shrub. Clearly politics were involved.

[Krazcarl]

Never trust the EPA had a friend that worked for the EPA he told me when they mesured acid rain it was bogus he said it''s the first part of the rain that the chemicals are in cause they are heavier so are washed out quickly but the test only measred the later part of the rain. Claimed it was a good paying goverment job with a lot of bennies.

[crick1452]

That (executive privilege) is something only Kings and Dictators make use of. Elected officials ''''MUST'''' be held accounable to the electorate because ''''we'''' are their Bosses. This business of "its easier to ask forgiveness than to ask permission" has to stop.
================
Right on, toolmangler.

[mcvet]

Never trust the EPA had a friend that worked for the EPA he told me when they mesured acid rain it was bogus he said it''''s the first part of the rain that the chemicals are in cause they are heavier so are washed out quickly but the test only measred the later part of the rain. Claimed it was a good paying goverment job with a lot of bennies.


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Posted by crzmeat at 05:06 PM : Jan 20, 2008
+ report abuse

Huh?!? You been sippin'' that Kool Aid again? What in the world does your babbling have to do with Executive Privilage? ROFLMAO Sieg Heil Bush!!

[hawksprings]

Ever notice on CBSNews that when we''re having extended cold weather spells like the current one that''s gone on for over a month, there are no Global Warming stories?

Wonder why?

[tommieofford]

While reading all these comments negative of the Bush
administration, remember Americans, you voted him in for a second term. What the hell is so different then his first term. He decieved America then and was
rewarded with this second term. It is nice to hear
Americans finally woke up in his 7th year of the presidency. A tad late, dont''cha think? imbeciles

[co2min]

On a related issue, I hope everybody has, or will watch the special tonight on CBS TV, detailing the consequences of global warming, and how the White House has censored the work of our climate scientists. It''s unbelievable!

[co2min]

On a related issue, I hope everybody has, or will watch the special tonight on CBS TV, detailing the consequences of global warming, and how the White House has censored the work of our climate scientists. It''s unbelievable!

[co2min]

On a related issue, I hope everybody has, or will watch the special tonight on CBS TV, detailing the consequences of global warming, and how the White House has censored the work of our climate scientists. It''s unbelievable!

[mediapreachr]

''Ever notice on CBSNews that when we''''re having extended cold weather spells like the current one that''''s gone on for over a month, there are no Global Warming stories?
Wonder why?
Posted by hawksprings at 07:15 PM : Jan 20, 2008''
Because the whole thing is bogus.The local administrations are running out of funds.Bulk of the money is going either to war or to bail out bad banker decisions.At least some of the bureaucrats are getting smarter and they''re calling it "climate change" now.

[Krazcarl]

Mcvet...Till you understand how folks do business then you know if you can trust them you an *ss was trying to explain they couldn''t be trusted but guess that''s over your dip sh*t head. You are not half as smart as you think you are probably less and all can see it you must be lonely or like videos

[hawksprings]

Hey CO2,
Are the consequences of Global Warming where you live 3 degrees like it is where I live?

When will Global Warming get here? Maybe Algore needs to turn up his heated outdoor pool some more.

[sgtrds]

Global warming is looked upon much the same way evolution is. The vast majority of scientists agree that it''s real and (unlike evolution) is man made. Yet there are still those fools out there who have bought into the myths, but in this case the myths are put out by big oil, big coal and there lapdogs in the White House, Bush and Cheney. They want to deny reality because the truth is being brought to them by people they disagree with politically. Not surprisingly that''s not going to stop them from getting just as scr*ewed up by the effects of global warming just because their political heros are in denial. I wonder what they''ll say when Manhattan goes under water, or Florida or London?

[gunownerdan]

EPA = Environmental Pillaging Agency

George W. Bush says "The air looks clean enough to me..."
And that''s good enough for the useless EPA.

[displeased]

Ever notice on CBSNews that when we''''re having extended cold weather spells like the current one that''''s gone on for over a month, there are no Global Warming stories?
Posted by hawksprings

Is it a cold weather spell or is the weather actually normal for winter?

[tngreen]

I''m always getting e-mails from Barbara Boxer begging for money. Let''s see if she sticks to her guns and demands full disclosure or if she buckles, as I expect. Let the "sheeple" keep paying for the privilege of getting kicked in the teeth--I''ll reserve my money for somebody who REALLY represents the people--Dennis Kucinich.

[DocD--2008]

Looks like it%u2019s time for another one of Bush''s cronies to lose his career.

""Further disclosure of this type of confidential information could jeopardize the agency''s ability to effectively litigate claims related to California''s waiver request," the EPA''s Bliley wrote."

In other words, we did what we want even though it is illegal and wrong......... It seems to be the standard for this administration.

[mcvet]

Hey CO2,
Are the consequences of Global Warming where you live 3 degrees like it is where I live?

When will Global Warming get here? Maybe Algore needs to turn up his heated outdoor pool some more.


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Posted by hawksprings at 09:49 PM : Jan 20, 2008
+ report abuse

It''s always amazed me how the Fascist Mind works. This poor loser, despite the ENORMOUS Number of Scientist who tell us it''s so, uses the cold snap we are going through as a reason to disbelieve Global Warming. Now I would take the time to explain why that is but it has long ago come to me that these freaks do not have the ability to discuss and open their minds up enough to understand an different view than what the "Party" has told them. I''ll give you odds though that within 6 months he will be on here saying that Global Warming is taking place but it''s not the Human''s who are causing it. Why do I say that? Because the Fuhrer and the Party have just recently addopted that line... it just hasn''t trickled down to this fine scientific mind doing the posting here. By the way he got his degree from the Klan University... that was the only place he could go. ROFLMAO Sieg Heil Y''all!! ROFLMAO

[walt1944-2009]

The EPA has invoked "EXECUTIVE PRIVILEGE" (I thought only the Great Emperor Bush II could do that!) in refusing to explain why California should not invoke tough mandatory greenhouse gas regulations.

Naturally, one would not expect the EPA to come "clean" on this, and say that they can''t say anything because the Great Emperor Bush II won''t allow them to say anything under penalty of reprisals from the throne in the Oval Office and also because of the heavy lobbying of BIG OIL companies!

Besides, the Great Emperor Bush II and the Governor of California, "Mr. Terminator", don''t exactly see "eye to eye" on a lot of issues, making the Great Emperor suspicious that Mr. Arnold who professes to be a Republican, is really a Democrat due to the influence of his "Kennedy clan" wife!

Whatever the reason, the citizens of California, especially those in Los Angeles, will be pleased to know that for at least this year, they will continue to put up with the haze and smog that they have come to "love" so well, all thanks to the Great Emperor Bush II and his beloved EPA!

SIG HEIL, BUSH!!!

[Larry Fafarman]

This is very annoying. If the EPA staff''s reasons for recommending granting the waiver were bad ones, what is the harm in releasing them?