ARTICLE
27 December 2017

The Members Of EPA's Superfund Task Force Had Really Good Memories

FH
Foley Hoag LLP

Contributor

Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
In July, EPA released the recommendations of the Superfund Task Force. Public Employees for Environmental Responsibility filed a FOIA request, looking for documents related to the operation of the Task Force.
United States Environment

In July, EPA released the recommendations of the Superfund Task Force.  Public Employees for Environmental Responsibility filed a FOIA request, looking for documents related to the operation of the Task Force.  This week, the AP reported on EPA's defense of the inevitable law suit that PEER filed when EPA did not turn over any documents.  

It turns out that, according to Johnny Walker, the DOJ attorney representing EPA in the litigation, there is a simple explanation for EPA's failure to produce any documents – there aren't any.  According to the AP, Walker has told PEER that the Task Force kept no minutes and no materials were presented to the Task Force.  The Task Force also retained no work product other than the final report.

That's one way to minimize the impact of those pesky FOIA requests.  On the other hand, I suspect that it would be fun to depose those who managed the Task Force about how good their memories must have been to keep track of all of the recommendations as they were being developed.

Personally, I am keeping an open mind to the possibility that, like Athena, the Task Force report was born full-grown from the forehead of Scott Pruitt.

To view Foley Hoag's Law and the Environment Blog please click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More