Documents / Official release

9507055: 7585721-20060527F-001-007-2023

· 34 pages · text from the file's own layer

This 1995 Clinton Presidential Library file contains Presidential Determination No. 95-45, signed by President Clinton on September 29, 1995, and its supporting papers. The determination exempts the Air Force's operating location near Groom Lake, Nevada, from any hazardous waste law requirement to disclose classified information, following the lawsuits Kasza v. Browner and Frost v. Perry. The file also includes Air Force Secretary Sheila Widnall's unclassified declaration invoking the military and state secrets privilege, along with recommendation memos from Widnall, Deputy Secretary of Defense White and Anthony Lake.

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TOP ClWf 7055
WASHINGTON
September 27, 1995
ACTION
MEMORANDUM FOR THE PRE' DENT
THROUGH: THE EXECUTIVE CLERK
FROM: ANTHONY
SUBJECT:
Purpose
Background
CC:
TOR-REGRETv
CLINTON LIBRARY PHOTOCOPY
To exempt the Air Force from public disclosure requirements
concerning the inspection and inventory of hazardous waste at the
"operating location near Groom Lake, Nevada."
RCRA Exemption for the Operating Location at Groom
Lake
UNCLASSIFIED with
■TOD DECRET^ODDIi^eR^
Attachment
DECLASSIFIED
E.0.12958, As Amended,
the white house White House Guidelines, August 28,1997
Ry P»M<NARA,Date SAi £7
UNCLASSIFIED with
Attachment
Lawsuits have been brought against EPA, the Air Force and other
government officials for failure to enforce the requirements of
the Resource Conservation and Recovery Act (RCRA) at a classified
AF operating location near Groom Dry Lake Bed, Nevada (the
operating location). Plaintiffs allege EPA failed to (1) conduct
a RCRA inspection; (2) compile an inventory of wastes and (3)
publicly disclose the inspection and inventory.
Subsequent to this suit, the EPA, in agreement with the Air
Force, conducted a RCRA inspection and compiled a RCRA inventory.
The Air Force has committed to conducting its activities at the
operating location in accordance with RCRA requirements. EPA
agrees that annual RCRA inspections will be conducted at the
operating location. On this basis, the district court has
granted summary judgment for the Government regarding plaintiffs'
inspection and inventory claims.
The only remaining issue is RCRA's requirement of public
disclosure of the inspection and inventory. The Secretary of the
Air Force presented a classified affidavit to the Court
explaining that public disclosure would compromise sensitive
national security information. She explained that the presence
of certial chemicals or chemical compounds could reveal military
operational capabilities or the nature and scope of classified
operations and could provide critical information on the makeup
Vice Presrcfent
Chief of Staff
PHOTOCOPY
WJC handwriting

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Official release, from the nara collection. The PDF is mirrored here; the original link is above. 34 pages are in the text index: search them above, or from the library's search.