DetDeterminationClinton · D Quiet signal

Presidential Determination

Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada

President Clinton issued a one-year exemption under 42 U.S.C. 6961(a) shielding the Air Force's classified operations at Groom Lake, Nevada (Area 51) from environmental disclosure requirements that would reveal classified information to unauthorized persons. The determination applies to federal, state, interstate, and local solid waste and hazardous waste disposal laws in the context of ongoing litigation.

Impact dates

  1. One-year statutory exemption expires

  2. Federal Register publication filed

Key directives

  • Exempt Air Force operating location near Groom Lake, Nevada from environmental disclosure requirements that would reveal classified information
  • Secretary of the Air Force shall publish determination in Federal Register
  • Exemption effective for full one-year statutory period under 42 U.S.C. 6961(a)

Who is ordered

Timeline

Immediate

  • Exemption takes effect upon signing for full one-year statutory period
  • Secretary of the Air Force directed to publish in Federal Register

Near term (90d)

  • Federal Register publication (filed October 4, 2000)

Long term

  • Annual renewal required if exemption to continue beyond September 19, 2001
  • Precedent for continued classified facility environmental exemptions

Risks & tensions

  • Balances environmental transparency against national security classification; tension between RCRA compliance and state secrets privilege
  • Litigation risk: plaintiffs in Kasza and Frost cases alleged health harms from undisclosed waste disposal; exemption limits their access to evidence
  • Annual renewal creates recurring inter-branch tension if environmental enforcement is repeatedly overridden
Presidential Determination: Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada · Executive Orders