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EXECUTIVE OFFICE OF THE RRE91ID~N¶
                          COUNCIL ON ENVIRONMENTAL QUALITY
                                    WASH INGTON. D.C. 20503


                                             August 9, 2004

William L. Pardee
Assistant Attorney General
Office of the Attorney General
Commonwealth of Massachusetts
200 Portland Street
Boston, Massachusetts 02114

       Re:   Freedom of Information Act Request

Dear Mr. Pardee:

        This is the final response to your July 15, 2003 Freedom of Information Act (FOIA)
request, which was received by the Council on Enviromnmental Quality (CEQ) on July 15, 2003
(by fax). You requested records on behalf of the Commonwealth of Massachusetts and the
States of Connecticut and Maine, specifically:

       All records of, or concerning, communications by or to CEQ in 2002 or 2003 concerning
       either the U.S. Climate Action Report 2002, which was submitted to the United Nations
       in May 2002 (Climate Action Report), or drafts or revisions of the Climate Action
       Report.

        The subject matter of your request concerns the actions and operations of CEQ and
certain other agencies (including the Environmental Protection Agency or EPA) with respect to
the Climate Action Report, excluding documents published on CEQ's or EPA's public websites
or in the Federal Register.

        In our initial response, on August 13, 2003, we released eighty-five (85) documents
totaling one thousand four hundred and ninety-six (1, 496) pages. Those documents concerned
records and communications from 2002. At that time we began an identification and review
process concerning records and communications created in 2003. Your request for a waiver of fees
was granted.

        In our second response, on November 1, 2003, we released an additional one hundred
eighty-six (186) documents, in their entirety, totaling six hundred and eighty-six (686) pages. At
that time we also released twenty-nine (29) documents, totaling one hundred and seven (107)
pages, with redactions for non-responsiveness and for exemption from disclosure pursuant to 5
U.S.C. § 552(b)(5) and 5 U.S.C. § 552(b)(6).

       Our identification and review also returned documents that were created by the
Department of Energy (DOE), the Department of State (DOS), the Department of Justice (DOJ),
the Environmental Protection Agency (EPA), the Department of Agriculture (USDA), the
National Oceanic and Atmospheric Administration (NOAA), the Office of Management and
Budget (OMB), the Office of Science and Technology Policy (OSTP), the White House Office
(WHO), and the Council of Economic Advisors (CEA). Those documents were referred to their
That
originating agencies for review and consultation pursuant to 5 U.S.C. section 552(a)(6)(B).
process is complete and CEQ is now releasing forty-four (44) documents, totaling       one hundred
sixty-two (162) pages, in their entirety. We are also releasing thirty-eight (38) documents
                                                                                               The
reviewed in that process, a total of two hundred twenty-one (221) pages, with redactions.
                                                                                             to 5
redactions cover non responsive material and material exempt from disclosure pursuant
U.S.C. § 552(b)(5). Six (6) complete documents reviewed in that process,      a total of eleven (11)
pages, are exempt from disclosure pursuant to 5 U.S.C. § 552(b)(5).

         CEQ also initiated a review of electronic documents (an Automated Records
Management System or ARMS search). That process is complete and CEQ is now releasing
eleven (I11) documents, totaling twenty-three (23) pages, in their entirety. We are also releasing
                                                                                           The
thirty-four (34) documents, totaling one hundred eighteen (1 18) pages, with redactions.
redactions cover non responsive material and material exempt from disclosure     pursuant to 5
                                                                                                while
U.S.C. § 552(b)(5). One email document (ARMvS 36), totaling four pages, is being released
its attachment, a draft version of the Climate Action Report, is being withheld  pursuant to 5
U.S.C. § 552(b)(5). Mnother email document (ARMS 42), is being released with redactions
pursuant to 5 U.S.C. § 552(b)(5) while its attachment, a draft version of the Climate Action
                                                                                              a total
Report, is being withheld pursuant to 5 U.S.C. § 552(b)(5). Five (5) complete documents,
 of thirty-one (3 1) pages, are exempt from disclosure pursuant to 5 U.S.C.  § 552(b)(5).

         Our final identification and review also returned additional conventional hard copy
                                                                                            in their
 documents. We are now releasing seven (7) documents, totaling twenty-three (23) pages,
 entirety, and three (3) documents, totaling nineteen (19) pages, with redactions. The redactions
 cover non responsive material and material exempt from disclosure pursuant to 5 U.S.C.
                                                                                            §
                                                                                           from
 552(b)(5). Two (2) of the hard copy documents, totaling thirteen (1 3) pages, are exempt
 disclosure pursuant to 5 U.S.C. § 552(b)(5).

         This completes our response to your request. If you are dissatisfied with our action on
                                                                                             Place,
 this request you may appeal it by writing to the CEQ FOIA Appeals Officer, 722 Jackson
 N.W., Washington, D.C. 20503, within 45 days of the date of this   letter. Because of delays with
                                                                                          appeal to
 mail transmittal due to security procedures, we recommend that you also fax any such
 Ted Boling at (202) 456-0753). Thank you for your cooperation throughout this process.


                                                 Sincerely,


                                                 Dinah Bear
                                                 General Counsel
                                                 Freedom of Information Officer

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CAR Request 8.9.04

  • 1. EXECUTIVE OFFICE OF THE RRE91ID~N¶ COUNCIL ON ENVIRONMENTAL QUALITY WASH INGTON. D.C. 20503 August 9, 2004 William L. Pardee Assistant Attorney General Office of the Attorney General Commonwealth of Massachusetts 200 Portland Street Boston, Massachusetts 02114 Re: Freedom of Information Act Request Dear Mr. Pardee: This is the final response to your July 15, 2003 Freedom of Information Act (FOIA) request, which was received by the Council on Enviromnmental Quality (CEQ) on July 15, 2003 (by fax). You requested records on behalf of the Commonwealth of Massachusetts and the States of Connecticut and Maine, specifically: All records of, or concerning, communications by or to CEQ in 2002 or 2003 concerning either the U.S. Climate Action Report 2002, which was submitted to the United Nations in May 2002 (Climate Action Report), or drafts or revisions of the Climate Action Report. The subject matter of your request concerns the actions and operations of CEQ and certain other agencies (including the Environmental Protection Agency or EPA) with respect to the Climate Action Report, excluding documents published on CEQ's or EPA's public websites or in the Federal Register. In our initial response, on August 13, 2003, we released eighty-five (85) documents totaling one thousand four hundred and ninety-six (1, 496) pages. Those documents concerned records and communications from 2002. At that time we began an identification and review process concerning records and communications created in 2003. Your request for a waiver of fees was granted. In our second response, on November 1, 2003, we released an additional one hundred eighty-six (186) documents, in their entirety, totaling six hundred and eighty-six (686) pages. At that time we also released twenty-nine (29) documents, totaling one hundred and seven (107) pages, with redactions for non-responsiveness and for exemption from disclosure pursuant to 5 U.S.C. § 552(b)(5) and 5 U.S.C. § 552(b)(6). Our identification and review also returned documents that were created by the Department of Energy (DOE), the Department of State (DOS), the Department of Justice (DOJ), the Environmental Protection Agency (EPA), the Department of Agriculture (USDA), the National Oceanic and Atmospheric Administration (NOAA), the Office of Management and Budget (OMB), the Office of Science and Technology Policy (OSTP), the White House Office (WHO), and the Council of Economic Advisors (CEA). Those documents were referred to their
  • 2. That originating agencies for review and consultation pursuant to 5 U.S.C. section 552(a)(6)(B). process is complete and CEQ is now releasing forty-four (44) documents, totaling one hundred sixty-two (162) pages, in their entirety. We are also releasing thirty-eight (38) documents The reviewed in that process, a total of two hundred twenty-one (221) pages, with redactions. to 5 redactions cover non responsive material and material exempt from disclosure pursuant U.S.C. § 552(b)(5). Six (6) complete documents reviewed in that process, a total of eleven (11) pages, are exempt from disclosure pursuant to 5 U.S.C. § 552(b)(5). CEQ also initiated a review of electronic documents (an Automated Records Management System or ARMS search). That process is complete and CEQ is now releasing eleven (I11) documents, totaling twenty-three (23) pages, in their entirety. We are also releasing The thirty-four (34) documents, totaling one hundred eighteen (1 18) pages, with redactions. redactions cover non responsive material and material exempt from disclosure pursuant to 5 while U.S.C. § 552(b)(5). One email document (ARMvS 36), totaling four pages, is being released its attachment, a draft version of the Climate Action Report, is being withheld pursuant to 5 U.S.C. § 552(b)(5). Mnother email document (ARMS 42), is being released with redactions pursuant to 5 U.S.C. § 552(b)(5) while its attachment, a draft version of the Climate Action a total Report, is being withheld pursuant to 5 U.S.C. § 552(b)(5). Five (5) complete documents, of thirty-one (3 1) pages, are exempt from disclosure pursuant to 5 U.S.C. § 552(b)(5). Our final identification and review also returned additional conventional hard copy in their documents. We are now releasing seven (7) documents, totaling twenty-three (23) pages, entirety, and three (3) documents, totaling nineteen (19) pages, with redactions. The redactions cover non responsive material and material exempt from disclosure pursuant to 5 U.S.C. § from 552(b)(5). Two (2) of the hard copy documents, totaling thirteen (1 3) pages, are exempt disclosure pursuant to 5 U.S.C. § 552(b)(5). This completes our response to your request. If you are dissatisfied with our action on Place, this request you may appeal it by writing to the CEQ FOIA Appeals Officer, 722 Jackson N.W., Washington, D.C. 20503, within 45 days of the date of this letter. Because of delays with appeal to mail transmittal due to security procedures, we recommend that you also fax any such Ted Boling at (202) 456-0753). Thank you for your cooperation throughout this process. Sincerely, Dinah Bear General Counsel Freedom of Information Officer