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De Omnibus Dubitandum - Lux Veritas

Wednesday, February 5, 2014

EPA, Freedom of Information, and Good Faith

by Sam Kazman on January 31, 2014

Yes, the recent ruling in Competitive Enterprise Institute v. Environmental Protection Agency (D.D.C. No. 12-1617) is good news for the EPA, but the lawsuit still produced some pretty valuable results for both CEI and the public at large.
This case involved then-Administrator Lisa Jackson’s use of her “Richard Windsor” email alias. As the court noted, the fact that administrator Jackson and other EPA officials used alternative email addresses “raised questions about the agency’s compliance with federal record-keeping laws as well as the completeness of its responses to certain FOIA requests.” In the court’s words, this was a matter of “appropriate… concern,” and not just for us…… The court ruling has some entertaining references to CEI’s so-called “conspiracy theory.” We didn’t use that phrase in our pleadings, but we did argue that EPA’s filings and declarations shouldn’t get the usually automatic presumption of good faith……In short, we believe the court erred in how it applied the good faith presumption, because we weren’t exactly suing Snow White here…… The ruling on the partial and full withholdings wasn’t all that kind to us, but we’ll survive. And, thankfully, so will the documents we received…..(Ms. Browner, according to The New York Times, was a key partner in the “we put nothing in writing, ever” strategy used by top White House and California environmental officials several years ago. Not that we’re calling it a conspiracy, mind you.)....To Read More......
My Take - Well, we know it wasn't a conspiracy.  How do we know that?  Because there's no such thing as a conspiracy.  I know...I know....I may look like a conspiracy, it may sound like a conspiracy....but we know there's just no such thing as a conspiracy.  At least that's what I'm being told all the time.  My views regarding conspiracies are somewhat contaminated by having read a lot of history books, but why would I believe my own observations when we have the media and government officials informing us ..... there are no conspiracies..... about anything, and anyone who believes otherwise is paranoid!

Okay, but I do have a thought.  Just because someone is paranoid doesn't mean someone isn't against them? 
 

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