Morning Energy

WINDSOR NOT: EPA’s running behind on its next batch of emails from former EPA administrator Lisa Jackson’s “Richard Windsor” email account and won’t be ready for this Friday’s deadline, according to an email sent by a Justice Department attorney to litigants at the Competitive Enterprise Institute on Tuesday. EPA officials are behind despite working weekends, as the result of staffing issues and last Wednesday’s government shutdown, the email said.

DOJ asked for an extension to next Tuesday, but CEI isn’t consenting just yet, CEI attorney Chris Horner told POLITICO. CEI wants EPA to respond to inquiries it has repeatedly made for clarity on which accounts Jackson had, and which ones are being searched. In the meantime, the agency should be able to provide at least some of the records on Friday, Horner said. He’s not happy with EPA’s broad use of the “deliberative process” exemption — blacking out much of the content of the emails in EPA’s last release, or with the seemingly missing emails from current administrator nominee Gina McCarthy.