[Letter to the President from Attorney General Michael B. Mukasey Concerning Assertion of Executive Privilege Over Communications Regarding EPA's Ozone Air Quality Standards and California's Greenhouse Gas Waiver Request, June 19, 2008]   [open pdf - 27KB]

This June 19, 2008 letter from Attorney General Michael Mukasey is addressed to the President. From the letter: "You have asked for my legal advice as to whether you may assert executive privilege with respect to documents subpoenaed by the Committee on Oversight and Government Reform (the 'Committee') of the House of Representatives. The Committee has issued three subpoenas, two directed to the Administrator of the Environmental Protection Agency ('EPA') and one to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget ('OIRA'), a component of the Executive Office of the President ('EOP'). The subpoena to OIRA and one of the subpoenas to EPA seek documents related to EPA's promulgation of a regulation revising national ambient air quality standards ('NAAQS') for ozone on March 12, 2008. The other subpoena directed to EPA seeks documents reflecting communications between EPA and the EOP concerning the agency's decision to deny a petition by California for a waiver from federal pre-emption to enable it to regulate greenhouse gas emissions from motor vehicles."

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