The U.S. EPA only turned over some documents related to its California waiver decision, but allowed Sen. Barbara Boxer’s aides to take notes on the rest. Excerpts of the unrelinquished material have been released — against the EPA’s wishes — confirming what was suspected: prior to the decision, EPA officials told agency Administrator Stephen Johnson that California had “compelling and extraordinary conditions” justifying a waiver, and that “EPA’s litigation risks are significantly higher than if a waiver is granted.” On the other hand, predicted officials, granting the waiver would lead to a “likely suit by manufacturers” which “EPA is almost certain to win.” Perhaps the agency has a fear of success?

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