tA
                  THENARTHETDCIN                                              NATURAL RESOURCES DEFENSE COUNCIL

                                                          April 27, 2001

                Ellen M. Athas
                Deputy General Counsel
                Council on Environmental Quality
                722 Jackson Place, N.W.
                Washington, DC 20503


                                 Re: F01A Request re arding carbon dioxide and the Kyoto Protocol

                Dear Ms. Athas:

                        Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, we
                hereby request all agency records created, sent, or received from January 20, 2001 to the
                date of this letter concerning the subje ts enumerated below. This request is made on
                behalf of the Natural Resources Defen e Council (NRDC).

                Carbon dioxide

                   I.      All records-relating to the inciusion or exclusion of carbon dioxide in any
                          plan, policy, recommendati n, legislative proposal, or other action concerning
                          emissions into the air from electric power generating plants;
                   2.     All records relating to any analysis of the cost or other impacts of limiting
                          carbon dioxide emnissio~s fr m power plants;
                          All records relating to whet er carbon dioxide is a pollutant uinder the Clean
                          Air Act;
                   4.     All records relating to whet er carbon dioxide emissions from power plants
                          should be regulated under ariy existing legal authoritv':
                   5.     All records relating to whet er mandatory or non-mandatory limits on carbon
                          dioxide emissions from poA er plants should be addressed in any new
                          legislation; or
                   6.     All records relating to whetl er carbon dioxide emissions from power plants
                          should be subject to any oth r program or regime.

                TheKyoto Protocol

                   7.     All records relating to any p ssibie change to United States policy as it existed
                          prior to January 20, 2001. reg'arding the Kyoto Protocol to the United Nations
                          Framnework Convention on Cliniate Change;



www.nrdic.org       1200 New York Avenue, NW, Suite 400                    NEW YORK   *   LOS ANGELES   SAN FRANCISCO
                    Washington, DC 20005
                    TEL 202 289-6868 FAX 202 289-1060

                    I1%%Pscnwe   Recycled
                                        Paper
-                                            ~~~~~~~~~~~~~~~~~~2

        8. All records relating to any Discussion of United States policy regarding the
           Kyoto Protocol or climate hange in connection with preparations for, or the
           conduct of:
           a. the meeting of 0-8 env ronment ministers in Trieste in March 2001;
           b. the meeting of hemispheric environmental ministers in Ott awa in March
               2001 in preparation for the Summit of the Americas;
           c. the meeting of the U.N. Commission on Sustainable Development in New
               York in April 2001 (including the high-level consultation on climate
               change negotiations on April 21, 2001);
           d. the resumed sixth meeting of the Conference of the Parties scheduled to be
              held in Bonn in July 20 1, or the seventh meeting of the Conference of the
              Parties scheduled for Mrrakech in the fall of 2001;
           e. any other hi-lateral or-rulti-Jaterail meeting after January 20, 2001, with
              dne or more representat yes of another government, including the Summit
              of the Americas which Iook place in April 200 1, the presidential summit
              scheduled with leaders of the European Union in June 2001, and the G-8
              heads of state meeting i aGenoa in July 2001.

         As used throughout this letter, ti e terms "record" and "records" mean all writings
 (handwritten, typed, electronic or otherwise produced, reproduced or stored) in the
 agency's possession, including, but are not limited to, any correspondence, minutes of
meetings, memoranda, notes, e-mails, c lendar or daily entries, agendas, notices, and
telefaxes. "Record" and "records" should also be understood to include, but not be limited
to, any such writings received by any ei ployee of this agency from, or sent by any such
employee to, anyone who is not an em loyee of this agency (including the presidential
transition team). The term "employeeof this agency" includes any consultant retained by
the agency since January 20, 200 1, who has consulted with the agency on the subjects
listed above.

        If you regard one or more of thb requested records to be exempt from required
disclosure under FOJA, we request that you disclose them nevertheless as such disclosure
would serve the public interest of educ ting citizens.

        Should you decide to invoke a FOTA exemption in order to withhold one or more
records, please include in your response letter sufficient information for us to appeal such
withholding. To comport with legal re irements this information must include, inter
a/ia, basic factual material about each withheld item, including the originator, date,
length, general subject matter, and location of each item, and a detailed explanation of the
basis for withholding, including an ide tification of the applicable exemption and an
explanation of how the exemption fits te withheld material.

         In accordance with 5 U.S.C. § 552(a)(4)(A)(iii), we respectfully request that you
waive all fees in connection with this r quest. NRDC is a national, non-profit,
environmental organization. We make information available to thousands of citizens by
means of our numerous and varied pub ications, educational programs, seminars, media
initiatives, and public interest litigation NRDC has nb commercial interest in obtaining
thi inoratin;we instead intend to make the information available to the public
through the methods specified above.

        We appreciate your help in obtaining this information. As provided in FOLA, we
expect a reply within ten working days. If you find that this request is unclear in any
way, or that the number of records resp nsive to this request is relatively large or difficult
to copy, please do not hesitate to call Je f Fiedler at 202-289-6868 to see if we can clarify
the request or otherwise expedite and si plify your efforts to comply with it. Please send
the requested records to Jeff Fiedler, .N DC, 1200 New York Ave., NW, Suite 400,
Washington, DC, 20005.

                                       Si icerely,




                                       Climate Policy Specialist

NRDC Kyoto FOIA Request 4.27.01

  • 1.
    tA THENARTHETDCIN NATURAL RESOURCES DEFENSE COUNCIL April 27, 2001 Ellen M. Athas Deputy General Counsel Council on Environmental Quality 722 Jackson Place, N.W. Washington, DC 20503 Re: F01A Request re arding carbon dioxide and the Kyoto Protocol Dear Ms. Athas: Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, we hereby request all agency records created, sent, or received from January 20, 2001 to the date of this letter concerning the subje ts enumerated below. This request is made on behalf of the Natural Resources Defen e Council (NRDC). Carbon dioxide I. All records-relating to the inciusion or exclusion of carbon dioxide in any plan, policy, recommendati n, legislative proposal, or other action concerning emissions into the air from electric power generating plants; 2. All records relating to any analysis of the cost or other impacts of limiting carbon dioxide emnissio~s fr m power plants; All records relating to whet er carbon dioxide is a pollutant uinder the Clean Air Act; 4. All records relating to whet er carbon dioxide emissions from power plants should be regulated under ariy existing legal authoritv': 5. All records relating to whet er mandatory or non-mandatory limits on carbon dioxide emissions from poA er plants should be addressed in any new legislation; or 6. All records relating to whetl er carbon dioxide emissions from power plants should be subject to any oth r program or regime. TheKyoto Protocol 7. All records relating to any p ssibie change to United States policy as it existed prior to January 20, 2001. reg'arding the Kyoto Protocol to the United Nations Framnework Convention on Cliniate Change; www.nrdic.org 1200 New York Avenue, NW, Suite 400 NEW YORK * LOS ANGELES SAN FRANCISCO Washington, DC 20005 TEL 202 289-6868 FAX 202 289-1060 I1%%Pscnwe Recycled Paper
  • 2.
    - ~~~~~~~~~~~~~~~~~~2 8. All records relating to any Discussion of United States policy regarding the Kyoto Protocol or climate hange in connection with preparations for, or the conduct of: a. the meeting of 0-8 env ronment ministers in Trieste in March 2001; b. the meeting of hemispheric environmental ministers in Ott awa in March 2001 in preparation for the Summit of the Americas; c. the meeting of the U.N. Commission on Sustainable Development in New York in April 2001 (including the high-level consultation on climate change negotiations on April 21, 2001); d. the resumed sixth meeting of the Conference of the Parties scheduled to be held in Bonn in July 20 1, or the seventh meeting of the Conference of the Parties scheduled for Mrrakech in the fall of 2001; e. any other hi-lateral or-rulti-Jaterail meeting after January 20, 2001, with dne or more representat yes of another government, including the Summit of the Americas which Iook place in April 200 1, the presidential summit scheduled with leaders of the European Union in June 2001, and the G-8 heads of state meeting i aGenoa in July 2001. As used throughout this letter, ti e terms "record" and "records" mean all writings (handwritten, typed, electronic or otherwise produced, reproduced or stored) in the agency's possession, including, but are not limited to, any correspondence, minutes of meetings, memoranda, notes, e-mails, c lendar or daily entries, agendas, notices, and telefaxes. "Record" and "records" should also be understood to include, but not be limited to, any such writings received by any ei ployee of this agency from, or sent by any such employee to, anyone who is not an em loyee of this agency (including the presidential transition team). The term "employeeof this agency" includes any consultant retained by the agency since January 20, 200 1, who has consulted with the agency on the subjects listed above. If you regard one or more of thb requested records to be exempt from required disclosure under FOJA, we request that you disclose them nevertheless as such disclosure would serve the public interest of educ ting citizens. Should you decide to invoke a FOTA exemption in order to withhold one or more records, please include in your response letter sufficient information for us to appeal such withholding. To comport with legal re irements this information must include, inter a/ia, basic factual material about each withheld item, including the originator, date, length, general subject matter, and location of each item, and a detailed explanation of the basis for withholding, including an ide tification of the applicable exemption and an explanation of how the exemption fits te withheld material. In accordance with 5 U.S.C. § 552(a)(4)(A)(iii), we respectfully request that you waive all fees in connection with this r quest. NRDC is a national, non-profit, environmental organization. We make information available to thousands of citizens by means of our numerous and varied pub ications, educational programs, seminars, media initiatives, and public interest litigation NRDC has nb commercial interest in obtaining
  • 3.
    thi inoratin;we insteadintend to make the information available to the public through the methods specified above. We appreciate your help in obtaining this information. As provided in FOLA, we expect a reply within ten working days. If you find that this request is unclear in any way, or that the number of records resp nsive to this request is relatively large or difficult to copy, please do not hesitate to call Je f Fiedler at 202-289-6868 to see if we can clarify the request or otherwise expedite and si plify your efforts to comply with it. Please send the requested records to Jeff Fiedler, .N DC, 1200 New York Ave., NW, Suite 400, Washington, DC, 20005. Si icerely, Climate Policy Specialist