Exemption Log Records Request of Annette Smith dated 7/6/99
VT Agency of Natural Resources

I, N. Jonathan Peeress, Associate General Counsel for the Agency of Natural Resources, hereby certify pursuant to 1 V.S.A. §318 that the following records are exempt from inspection for the reasons set forth below.

N. Jon Peress, Esq.

• E-mail dated June 1, 1999 from Gina Campoli to Beth Humstone, copy Steve Sease, Esq. discussing alternatives for studies to be done in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Work Product/Trial Preparation
• E-mail dated June 11, 1999 from Sarah Hoffmann, Esq. to Steve Sease, Greg Brown, copy Jonathan Peress and various other state agency personnel, discussing strategy for anticipated litigation. Exemption: 1 V.S.A. § 317(c)(4)(14)Attorney/ClientPrivilege, WorkProduct/Trial Preparation
• Series of e-mails dated Sept. 21, 1998 and Sept. 22, 1999 from Scott Johnstone to Steve Sease, Esq. and from Steve Sease, Esq. to Scott Johnstone respectively. These messages discuss executive branch strategy in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Executive Privilege, Attorney/Client Privilege
• E-mail dated March 26, 1999 and March 30, 1999 from Steve Sease, Esq. to Scott Johnstone and Jonathan Peress, Esq. regarding cabinet meeting discussion and review strategy in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Executive Privilege, Attorney/Client Privilege, Trial Preparation
• E-mail dated May 7, 1999 from Steve Sease, Esq. to Jonathan Peress, Esq. and various other state agency personnel reviewing trial strategy. Exemption: 1 V.S.A. § 317(c)(4),(14) Work Product/Trial Preparation
• Series of e-mails as follows: From Jonathan Peress, Esq. to Sarah Hoffman, Esq. dated March 30, l 999; return e-mail from Sarah Hoffman, Esq. To Jonathan Peress, Esq. with cc to various agency personnel dated March 30, 1999; forwarded with comment from Jonathan Peress, Esq. to Steve Sease, Esq. April 1, 1999. These communications discuss costs and strategy in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Attorney/Client Privilege, Work Product/Trial Preparation
• E-mail dated Sept. 21, 1998 from Steve Sease, Esq. to Scott Johnstone regarding subcabinet strategy in anticipation of litigation. Exemption: lV.S.A.§317(c)(4),(14)Executive Privilege, Work Product/Trial Preparation, Attorney/Client Privilege
• E-mail dated July 13 from Steve Sease, Esq. to Scott Johnstone with cc to Pete LaFlamme. Contains policy discussion in anticipation of litigation. Exemption: I V.S.A. § 317(c)(4),(14) Executive Privelege, Attorney/Client Privilege, Work Product/Trial Preparation
• E-mail dated April 7, 1999 from Peg Elmer to Steve Sease Esq. discussing alternatives for studies for trial preparation. Exemption: 1 V.S.A. § 317(c)(4),(14) Work Product/Trial Preparation, Attorney/Client Privilege
• Series of e-mails dated April 2, 1999 from Peg Elmer to Steve Sease, Esq. containing an e-mail from Mark Blucher to Dean Pierce with cc to Peg Elmer dated March 31, 1999. These messages discuss costs for studies and strategy relevant to trial preparation. Exemption: 1 V.S.A. § 317(c)(4)(14) Work Product/Trial Preparation, Attorney/Client Privilege
• E-mail from Steve Sease, Esq. to Sarah Hoffmann, Esq. dated June 11, 1999 requesting legal advice and return e-mail dated June 14, 1999 with Ms. Hofmann's response. Exemption: 1 V.S.A. § 317(c)(4),(14) Attorney/Client Privilege, Work Product/Trial Preparation
• E-mail from Jonathan Peress, Esq. to Pete LaFlamme with cc to Steve Sease, Esq. regarding language of property access consent. Exemption: 1 V.S.A. § 317(c)(4) Attorney/Client Privilege
• E-mail from Scott Johnstone to Steve Sease, Esq. and Jonathan Peress, Esq. discussing strategy in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Work Product/Trial Preparation, Attorney/Client Privilege
• E-mail dated March 3O, 1999 from Everett Marshall to Bob Popp discussing potential wildlife concerns in vicinity of proposed pipeline corridor. Exemption 1 V.S.A. §317(c)(14) Trial Preparation
• E-mail dated April 15, 1999 from Everett Marshall to Shawn Good, Forrest Hammond and Mark Furgeson discussing alternative routes and wildlife impacts. Exemption 1 V.S.A. §317(c)(14) Trial Preparation
• Memo dated Feb. 25, 1999 from Steve Sease, Esq. to Hale Ritchie with cc to Scott Johnstone, Pete LaFlamme and Jonathan Peress, Esq. discussing anticipated legal services required by Agency in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Attorney/Client Privilege, Work Product/Trial Preparation
• Memo dated Feb. 22, 1999 from Pete LaFlamme to Jonathan Peress, Esq. involving cost estimates in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Attorney/Client Privilege, Work Product/Trial Preparation
• Memo dated 4/5/99 from Peg Elmer to Aaron Adler, Esq discussing work to be done in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Attorney/Client Privilege, Work Product/Trial Preparation
• Review Timeline prepared in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Work Product/Trial Preparation
• Memo dated Sept. 8, 1998 from Pete LaFlamme to Canute Dalmasse through Tom Willard, forwarded to Secretary by Commissioner with comments, discussing work to be done in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Executive Privelege, Trial Preparation
• Memo dated Aug. 6, 1998 from Christopher Recchia (DEC Deputy Commissioner) to Barbara Ripple (ANR Secretary) with cc to Cannot Dallas, John Kasei, Richard Sedan, Janet Nacelle (Gov. Office) discussing work to be done in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4), (14) Executive Privilege, Work Product/Trial Preparation
• Memo forwarded to Secretary by Commissioner dated July 30, 1998 from Pete Laflame to Wally McLean discussing ANR permitting procedure and §248 process in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4), (14) Executive Privilege, Work Product/Trial Preparation
• Memo forwarded to Secretary by Commissioner dated July 23, 1998 from Roger Thompson to Marilyn Davis regarding issues to be considered in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Executive Privilege, Work Product/Trial Preparation
• Memo forwarded to Secretary by Commissioner dated July 23, 1998 from Randy Bean to Marilyn Davis discussing permitting requirements in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Executive Privelege, Work Product/Trial Preparation
• Memo forwarded to Secretary by Commissioner dated July 27, 1998 from Richard Valentinetti to Canute Dalmasse discussing issues to be considered in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Executive Privelege, Work Product/Trial Preparation
• Memo dated July 10, 1998 from Richard Sedano to Barbara Ripley with cc to Janet Ancel discussing issues to be considered in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Executive Privelege, Work Product/Trial Preparation
• Review Timeline prepared in anticipation of litigation. Exemption: 1 V.S.A. ~ 317(c)(4),(14) Attorney/Client, Trial Preparation
• Memo dated Feb. 15, 1999 from Pete LaFlamme to Hale Ritchie discussing Agency review structure in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Trial Preparation
• Memo dated Feb. 22, 1999 from Pete LaFlamme to Jonathan Peress, Esq. involving cost estimates in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4),(14) Attorney/Client Privilege, Work Product/Trial Preparation
• Memo dated Feb. 3, 1999 from Pete LaFlamme to Tom Willard and Wally Maclean regarding ANR review structure in anticipation of litigation. Exemption: 1 V.S.A. § 317(c)(4), (14) Work Product/Trial Preparation