As I noted in a previous post, many attorneys make confidentiality claims because they can. But that does not mean these claims hold water, especially in the present instance.

I’m not an attorney, but have worked with some on these matters. I believe that federal regulations do not allow confidentiality claims about greenhouse emissions, under our Code of Federal Regulations, specifically 40 CFR Section 2.301 on Confidentiality of Business Information.

If I’m right (and I’ve been right on this issue before), it should not take too much legal muscle to knock down these claims. Lisa Jackson, call in Carol Browner. Browner  should be able to straighten this out pretty fast.

Here are relevant excerpts from 40 CFR Section 2.301:

information which is emission data, a standard or limitation, or is collected pursuant to section 211(b)(2)(A) of the Act is not eligible for confidential treatment

2)(i) Emission data means, with reference to any source of emission
of any substance into the air–
(A) Information necessary to determine the identity, amount,
frequency, concentration, or other characteristics (to the extent
related to air quality) of any emission which has been emitted by the
source (or of any pollutant resulting from any emission by the source),
or any combination of the foregoing;
(B) Information necessary to determine the identity, amount,
frequency, concentration, or other characteristics (to the extent
related to air quality) of the emissions which, under an applicable
standard or limitation, the source was authorized to emit (including, to
the extent necessary for such purposes, a description of the manner or
rate of operation of the source); and
(C) A general description of the location and/or nature of the
source to the extent necessary to identify the source and to distinguish
it from other sources (including, to the extent necessary for such
purposes, a description of the device, installation, or operation
constituting the source).


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