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Federal Judge Castigates EPA Over FOIA Response

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  • Federal Judge Castigates EPA Over FOIA Response

    A federal judge rebuked the Environmental Protection Agency on Monday for discriminating against a conservative group, saying the agency was either lying or apathetic in its response to a request made under the Freedom of Information Act (FOIA).
    In a blistering 25-page opinion, Judge Royce C. Lamberth of the United States District Court for the District of Columbia said that although the Landmark Legal Foundation -- a conservative public interest law firm -- had not sufficiently proven that the EPA acted in bad faith against it to be awarded punitive damages, the EPA has been "offensively unapologetic" and "continues to demonstrate a lack of respect for the FOIA process."
    "It is obvious to this Court that EPA has, once again, fumbled its way through its legally unambiguous FOIA obligations," Lamberth wrote.
    In 2012, the Landmark Legal Foundation filed a FOIA request with the EPA seeking communications between senior agency officials and outside groups to determine whether the EPA postponed controversial regulations until after the 2012 election.
    However, the EPA performed inadequate searches of senior officials' email accounts -- including then-Administrator Lisa Jackson and deputy administrator Robert Perciasepe -- and initially failed to search Jackson's personal email account and Blackberry, even though she frequently used both to perform government business. Jackson's Blackberry was scrubbed after she resigned from the agency in February 2013.
    http://www.foxnews.com/politics/2015...ntcmp=HPBucket
    Quis Custodiet Ipsos Custodes? Who is watching the watchers?

  • #2
    Nothing new, just one more cover up in a long string of cover ups from the inept administration of Obama the Ignorant.

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    • #3
      True; however, judges are more and willing these days to publicly criticize such actions.

      We can only hope...
      Quis Custodiet Ipsos Custodes? Who is watching the watchers?

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      • #4
        The EPA bureaucrats after listening to this gave the judge the finger went out and had some booze. The judge should have fired some or thrown them in jail, only way to get their attention.
        "If you are right, then you are right even if everyone says you are wrong. If you are wrong then you are wrong even if everyone says you are right." William Penn.

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        • #5
          Top 5 EPA blunders under the Obama administration.



          #5: EPA’s Routine Egregious Censorship

          The Freedom of Information Act allows citizens to petition federal agencies for information. However, not all information is subject to these requests; the statute stipulates a number of exemptions. And of these exemptions, the broadest (and, therefore, most vulnerable to abuse) is known as the “b(5)” exemption, after its statutory provision (5 U.S.C. §552(b)(5)). Indeed, Obama’s EPA has broken new ground in the application of “b(5),” such that the censor’s pen renders entire FOIA productions black. I wish I were kidding—we post the evidence here. It’s a Kafkaesque.

          #4: EPA’s Unequal Treatment of FOIA Requests

          It goes without saying that civil servants should treat all citizens equally. EPA, however, treats right-of-center groups differently than “progressive” groups. According to data compiled by my colleague Chris Horner, there exists a huge disparity between the agency’s granting of fee waivers depending on what you believe, whereby green groups virtually always received one, and conservative groups almost never got one.

          #3: Textgate

          Here’s what we know: EPA Administrator Gina McCarthy conducted business on via text and then destroyed the records of her correspondence, in blatant contravention of federal recordkeeping laws. Real a brief summary here.

          #2: The Fall of EPA Region 8 administrator James Martin

          Ex-EPA Region 8 administrator James Martin is the only casualty of the agency’s risible record on transparency. (After all, this administration claims to be “the most transparent, ever”). Martin conducted business on a private email account, and then got caught lying about it before a federal court. He abruptly resigned (for “personal reasons”) very shortly thereafter. My colleague Chris Horner has uncovered similar usage of private email accounts by EPA administrators for Regions 9 and 2. The behavior was so widespread that the Senate EPW minority staff (in the 113th Congress) wrote a report about it.

          #1: Richard Windsor (of course)

          The one, the only—Richard Windsor, a.k.a. Lisa Jackson. I mean, she corresponded exclusively in an alias. The only thing sketchier than that is what Hilary did.
          "Stand for the flag ~ Kneel for the fallen"

          "A wise man can learn more from a foolish question than a fool can learn from a wise answer." ~ Bruce Lee

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          • #6
            And yet it goes on without curtailment. The system is truly broken beyond repair.
            Quis Custodiet Ipsos Custodes? Who is watching the watchers?

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            • #7
              Originally posted by Trailboss49 View Post
              The EPA bureaucrats after listening to this gave the judge the finger went out and had some booze. The judge should have fired some or thrown them in jail, only way to get their attention.
              They're environmentalists. They drove their Prius' to a wine bar where they ate brie and had a nice Zinfandel made from all organic grapes picked by illegal aliens and discussed what next they could do to save the planet...

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