EPA Asserts Executive Privilege In CA Emissions Case

Brad Eleven writes "The AP reports that the United States Environmental Protection Agency (EPA) has invoked executive privilege to justify withholding information in its response to a lawsuit. The state of California is challenging the agency's decision to block their attempt to curb the emissions from new cars and trucks. In response, the EPA has delivered documents requested by the Freedom of Information Act for the discovery phase of the lawsuit — but the documents are heavily redacted. That is, the agency has revealed that it did spend many hours meeting to discuss the issue, but refuses to divulge the details or the outcomes of the meetings. Among the examples cited, 16 pages of a 43-page Powerpoint presentation are completely blank except for the page titles. An EPA spokesperson used language similar to other recent claims of executive privilege, citing '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.'"

Comments

Re:Exxon Protection Agency

[TheMiddleRoad]

Not even close to the truth. Here's a quote from http://www.washingtonmonthly.com/features/2001/0207.schaeffer.html "The Bush administration faced a dilemma: How do you mount a stealth attack on environmental protection without making the most obvious mistakes of the Reagan-Gorsuch era? The first step was to appoint as EPA administrator Christine Whitman, who provides a moderate face, but already had a reputation for gutting anti-pollution enforcement programs while she was governor of New Jersey. Another was to leave the enforcement program rudderless: 18 months into his term, Bush has not yet filled the top EPA enforcement job (his first nominee, Donald Schregardus, withdrew amid criticism of his record running Ohio's program). Leaving the job unfilled not only deprives the staff of leadership, but also robs the administration's critics of an actual person to blame for poor performance. Bush political appointees in the White House and EPA quickly took up the many other ways of thwarting enforcement without drawing attention. Here are a few of their tricks:" And it goes on and on and on. Bush eviscerated the EPA.

Re:Oh, spare me.

[KORfan]

The environment is a federal issue, not a state issue. States should not be able to arbitrarily set limitations on what their citizens can do.

I think you need to check that Tenth Amendment. If it's not listed in the Constitution, powers are "reserved to the States respectively".

Re:Executive Branch?

[Daniel Dvorkin]

Yes, the EPA is part of the executive branch. You didn't think they were legislative or judicial, did you?

The problem is not with whether or not the EPA has the right to use the executive branch's power of executive privilege; the problem is whether or not anyone, up to and including the President, has the right to claim "executive privilege" to avoid compliance with the law. The answer is, of course, that they don't. There's no such thing as "executive privilege" in the Constitution. It's completely made up. Unfortunately, the courts have been accepting that such a thing exists for decades, so now the precedent for this made-up power is set in stone.

Re:Executive privilege doesn't exist

[Rudolf]

It comes from the part that makes the president commander in chief of the military, just like all executive rights.

Hrm.

Here's the text of Article II that speaks about the President's rights/powers. From the National Archives at http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html

Stuff about how the President is elected omitted.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Please point out the part that grants Executive Privilege, keeping in mind the 10th amendment (The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.)

Re:Oh, spare me.

[freedom_surfer]

Its because of California's previously 'unreasonable' emissions standards that you can breath in most of the cities in the Union now. Oh how I long for days when I drove up to LA and my eyes burned...yeah, those were the days...