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EnviroLink Forum :: View topic - The EPA and FOIA
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The EPA and FOIA
http://www.envirolink.org/forum/viewtopic.php?f=3&t=24109		 Page 1 of 2
Author:  Milton Banana [ Tue Feb 05, 2013 10:02 pm ]
Post subject:  The EPA and FOIA
I’d like to tell a little story. The case of Landmark Legal Foundation vs. the EPA. Landmark submitted a FOIA with the EPA on August 17th, 2012. They asked for records concerning communications that EPA officials had with outside third parties involving purposed regulations that hadn’t been finalized. The EPA responded and said could you please limit the scope of your FOIA this is an awful lot that you are asking for and we just don’t have that kind of time. Landmark said okay we will agree to limit the scope of our request to senior officials at EPA headquarters.

EPA of course was dragging their feet so Landmark Legal sued them on October 17th, 2012 asserting claims under the Freedom of Information Act. On November 30th, 2012 the EPA responded through an assistant U.S. Attorney of the District of Columbia representing them. Landmark sought expedited processing of their request. Landmark filed a motion for a preliminary injunction on December 12, 2012 to make sure the EPA didn’t destroy any records. The EPA did just that in a previous case and were held in contempt of court.

The government filed its opposition on December 19th, 2012. A hearing in federal court a judge decided no on the injunction, but he also said EPA need to provide documents to Landmark Legal Foundation beginning on January 31, 2013. Before the judge in court the EPA said it would complete its response to Landmark by said date.

Two weeks before this Landmark discussed with the court submitting a Joint Production Briefing Schedule. This is typical in these cases and the courts usually want this done to make things run smoothly. Its basically both sides sit down and work out what will be released on the date and so on and so forth. Landmark had agreed to the production dates. Landmark agreed to production date extensions to February 6th. Landmark agreed if the EPA wanted to claim confidentiality or privalige that EPA would provide a list of those documents. Not a Vaughn Index but something short of that.

Landmark then said we can forget about all of this and employ the KISS Principle. We want all documents specifically under the name of Richard Windsor. Richard Windsor is believed to be former EPA Administrator Lisa Jackson. The Richard Windsor Email account was set up to avoid FOIA requests in my opinion. Landmark was told on February 1st, 2013 that these document would not be included in the document request. Landmark countered with we want all documents relating to secret EPA email accounts. The American people have the right to know what business you are conducting in secret.

The assistant U.S. Attorney replied you’ll get what you have a right to. No more no less and we’ll see you in court. Landmark Legal Foundation said you bet were going to deal with this in court. First Landmark wanted all communications involving outside third parties. The EPA complained and Landmark agreed to just Senior officials. The EPA began stonewalling. Then they wanted one email account. The EPA said no. Then Landmark countered with all secret Email accounts and EPA said no.

Why was this FOIA request submitted? Landmark wanted the public to know who is influencing The EPA on all of this proposed regulation the EPA wants to impose. Is the EPA conducting secret talks with Congress? The White House? Environmental Groups? Alternative Energy lobby? Who is the EPA talking to in secret? The EPA resisted this week. This is not over. I suggest Landmark go for attorneys fees and every other penalty that applicable.

Just to make it clear. A the U.S. Attorney of the District of Columbia and the EPA are dragging their feet in complying with the law. Landmark Legal should put these people under oath and depose them. They have destroyed evidence in the past, and held in contempt, because the law matters not to these people. At the end of the Clinton Administration the EPA was cited for contempt by Judge Royce Lamberth. A large federal government agency is conducting business in secret. They are wilfully refusing to comply with the law, and concealing what they are doing from the American public. All in the name of the environmental cause. No wonder the majority of Americans don’t trust environmentalists.
Author:  Wayne Stollings [ Wed Feb 06, 2013 12:50 am ]
Post subject:  Re: The EPA and FOIA
Speaking of distrust:


http://www.sourcewatch.org/index.php?ti ... Foundation
Author:  Milton Banana [ Wed Feb 06, 2013 1:26 am ]
Post subject:  Re: The EPA and FOIA
Author:  Johhny Electriglide [ Wed Feb 06, 2013 2:01 am ]
Post subject:  Re: The EPA and FOIA
I remember the EPA folding for the Bush Admin by increasing the amount of arsenic allowed in well water by double the original health standard and also letting coal fired power plants release more mercury than before. :x :-&
It is good there is some outfit the kind of opposite of the ACLU (who are all in felony violation of Title8USC1324iv). :x
Federal orgs like the Park Service and the EPA are run often by political appointees who will do as their boss says in secret, whether legal, or good, or not. :-$ Keeping their cushy high pay golden parachute jobs is all they really care about. :x
The EPA has done a lot of good in its history, :mrgreen: and trying to regulate CO2 was a good thing they were denied. Lying, using false named email accounts to do business, and destroying records is not the behavior of honest public servants. [-X
Author:  Milton Banana [ Wed Feb 06, 2013 2:11 am ]
Post subject:  Re: The EPA and FOIA
Author:  Wayne Stollings [ Wed Feb 06, 2013 7:58 am ]
Post subject:  Re: The EPA and FOIA
Author:  Wayne Stollings [ Wed Feb 06, 2013 8:04 am ]
Post subject:  Re: The EPA and FOIA
Author:  Wayne Stollings [ Wed Feb 06, 2013 8:09 am ]
Post subject:  Re: The EPA and FOIA
Author:  Wayne Stollings [ Wed Feb 06, 2013 8:23 am ]
Post subject:  Re: The EPA and FOIA
http://www.rightwingwatch.org/content/l ... foundation

Landmark Legal Foundation (LLF) initiates litigation against major non-profit, governmental, and social institutions.

LLF focuses primarily on education and environmental litigation, in an attempt to dismantle institutions that preserve universal public schooling and that promote and fight for a clean environment.

http://www.nndb.com/org/660/000051507/

Conservative legal group, founded in 1976.

Publicly nominated Rush Limbaugh for the 2007 Nobel Peace Prize (which was ultimately awarded to Al Gore).

http://www.exxonsecrets.org/html/orgfactsheet.php?id=79

Landmark Legal Foundation has received $70,000 from ExxonMobil since 1998.
Author:  Wayne Stollings [ Wed Feb 06, 2013 8:25 am ]
Post subject:  Re: The EPA and FOIA
The opposition of all climate regulation by the US EPA.

http://blogs.law.columbia.edu/climatech ... itigation/

However, DC Circuit internal procedural rules hold that even after a case is consolidated individual litigants still maintain the ability to file separate motions,[4] and petitioners have taken advantage of this. On September 15, 2010, three different coalitions of petitioners filed motions to stay all or part of EPA’s climate regulations. One such motion was filed by Texas, and was analyzed previously by this blog. A second was filed by a coalition of interest groups led by CRR, SLF, the Competitive Enterprise Institute, Landmark Legal Foundation, and the Ohio Coal Association, and also requests a stay of all EPA action. Finally, a group of trade associations led by the National Association of Manufacturers asks only to stay the Timing and Tailoring rules, and the Endangerment Finding as it could be applied to stationary sources. This group does not request a stay of the core of the Endangering Finding or the Tailpipe Rule.
Author:  Wayne Stollings [ Wed Feb 06, 2013 8:26 am ]
Post subject:  Re: The EPA and FOIA
http://dailycaller.com/2012/10/25/conse ... z2K7ZOXMo2

Levin’s law firm, the Landmark Legal Foundation, filed the lawsuit in federal court this week, seeking a court order directing the EPA to preserve and produce all records related to the agency’s regulatory plans after the presidential election.

The suit argues that news stories and political observers have indicated the EPA is “intentionally delaying the issuance of controversial new regulations until after the November election” with the possibility that “a) the Obama Administration is improperly politicizing EPA activities; b) EPA officials are attempting to shield their true policy goals from the public; and/or c) EPA officials themselves are putting partisan interests above the public welfare.”
Author:  Milton Banana [ Wed Feb 06, 2013 9:51 am ]
Post subject:  Re: The EPA and FOIA
Like it or not Landmark Legal has standing in federal court on the issues discussed here. You do understand the concept of "standing" in court? You do understand that a federal court judge is the ultimate arbiter in these cases regardless of Landmarks political leanings so I'm not certain what the point is of your last few posts. The EPA and the government does not want to comply with the law. Pure and simple. Officials at the EPA are trying to hide what they are doing from the view of the public about regulations that will effect everyone. Landmark Legal asked for ultimately one email account. If Landmark asked for my email account it would take 30 seconds for me to give it to them. So their request is completely reasonable. So, in response to a completely reasonable FOIA request the EPA is resisting complying with the law.
Author:  Wayne Stollings [ Wed Feb 06, 2013 1:15 pm ]
Post subject:  Re: The EPA and FOIA
Author:  Wayne Stollings [ Wed Feb 06, 2013 1:30 pm ]
Post subject:  Re: The EPA and FOIA
From the actual document not an interpretation:

http://www.landmarklegal.org/uploads/Co ... _Filed.pdf

10. Accordingly, on August 17, 2012, plaintiff requested records relating to all proposed rules or regulations that have not been finalized by the EPA between January 1, 2012 and August 17, 2012, not including public comments or other records available on the rulemaking docket.

In legal documents accuracy is key and this clearly states they want ALL records relating to ALL proposed rules or regualtions that have not been finalized between 1/12012 and 8/17/2012 and which are not available on the docket. The use of ALL does not limit the request to any group within the agency but would include ALL employees in ALL locations that may discuss or have information on ANY rule or regulation which has not ben finalized. Had they intended to limit the scope to only the certain management positions those positions would have been clearly listed. I know for a fact that I had communitcation with several EPA employees on proposed regulations during this time period which have yet to be finalized. Some were part of the public comment and some were not.

They were also denied the request and the appeal for the response to be expedited.
Author:  Milton Banana [ Wed Feb 06, 2013 3:43 pm ]
Post subject:  Re: The EPA and FOIA
I've already explained in the OP that Landmark agreed to narrow its focus from its first request. And, ultimately asked for one email account. A very reasonable request. I was promised a transparent government. Clearly some here don't have a problem with government skirting, stretching, or breaking law under the cover of secrecy.
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