Thursday, February 26, 2004

EPA Denies FOIA Fee Waiver to State Attorneys General   So you think you have FOIA fee-waiver problems? Seven downwind states are having to appeal EPA's fee-waiver denial as they seek information on possible illegal off-the-record contacts with industry and the White House while EPA was developing its controversial "New Source Review" air pollution rule.   The states, CT, IL, MD, MA, NJ, NY, WI, and DC, asked EPA for records of its communications with electric utilities, energy lobbyists, and Vice President Cheney's Energy Task Force. They are among 14 states currently suing to overturn the NSR rule. In a Jan. 13 letter denying the states' fee-waiver request, EPA said they had not demonstrated that release of the information was in the public interest "because it it likely to contribute significantly to public understanding of the operations or activities of the government," as the Freedom of Information Act requires. EPA also said the states had not shown they would actively disseminate the information. Full Story. 12:27:03 PM

Ford Calls Critical Ads "Unlawful"   Attorneys for Ford Motor Company have sent a "cease and desist" letter to the Bluewater Network for an ad campaign critical of the company's failure to fulfill its promise to increase the fuel efficiency of its SUVs, according to a story in the New York Times.   The print and Internet campaign lampoons Ford Chairman William Clay Ford Jr., depicting him as Pinochio, for failing to live up to the promise made in 2000, which garnered huge amounts of favorable publicity and set a standard followed by other major automakers. A letter from DC law firm Kirkland & Ellis said Bluewater's use of Ford's logo and a telephone call-in campaign were illegal, and suggested the attacks on Mr. Ford were libelous.   -- "Environmental Group Depicts Ford's Chief as Pinocchio," New York Times, Feb. 26, 2004, by Fara Warner. 10:55:34 AM