9600475: 7585721-20060527F-001-010-2023

0475
January 26, 1996
ACTION
MEMORANDUM FOR ANTHONY LAKE
THROUGH: ALAN KRECZKO
V
FROM: JAMES
SUBJECT:
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NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20504
Report to Congress on Presidential Exemption
Concerning the Operating Location Near Groom Lake
BAKER^,
Under RCRA, the President is required to report each January to
the Congress all exemptions granted during the previous year and
the reasons for doing so. This is the first such report during
this Administration. The attached report has been coordinated
with the Departments of Defense and Justice as well as the EPA;
it should be submitted to Congress no later than January 31.
In September the President exempted the Air Force operating
location near Groom Lake, Nevada, from any applicable provisions
of hazardous or solid waste laws that would require disclosure of
classified information. The exemption was granted in the context
of litigation (Browner) over the Government's compliance with the
Resource Conservation and Recovery Act (RCRA).
As to the status of the litigation, we are doing well. On
January 10, the district court determined that the EPA had
completed its statutory duties with regard to the inspection and
inventory of the operating location, rendering the Browner case
moot. The court also ruled that the Government has "complied
with RCRA's public disclosure requirements by virtue of the
Presidential Determination," and has entered final judgment in
the case.
In a companion case, Perry, in which you are a named defendant,
the court is continuing to consider cross motions for summary
judgment. We are optimistic in light of the court's ruling in
Browner. Notwithstanding these successes, we will need to
consider whether to appeal one aspect of the court's ruling:
that in the absence of a Presidential exemption EPA has a
nondiscretionary duty under RCRA to disclose classified
information.