OPINION AND ORDER Plaintiffs Natural Resources Defense Council (“NRDC”) and Environmental Defense Fund (“EDF”) commenced this Freedom of Information Act (“FOIA”) action against the United States Environmental Protection Agency (“EPA”), seeking the disclosure of a computer program known as the “Optimization Model for Reducing Emissions of Greenhouse Gasses from Automobiles” (“OMEGA”). Currently before the Court are the parties’ cross-motions for summary judgment. The sole issue is whether the EPA may withhold a component of the latest version of OMEGA called the “core model” under FOIA Exemption 5, the “deliberative process privilege.” For the reasons that follow, the Court holds that the EPA properly withheld OMEGA’s latest “core model” pursuant to FOIA Exemption 5. Accordingly, defendant’s cross-motion for summary judgment is granted and plaintiffs’ motion for summary judgment is denied. BACKGROUND The OMEGA Model Pursuant to its duty under the Clean Air Act, the EPA establishes federal standards for greenhouse gas (“GHG”) emissions from new motor vehicles. (Charmley Decl. 8; Oge Decl. 5); see 42 U.S.C. §7521(a)(1). Vehicle manufacturers can comply with these standards by choosing to incorporate certain emissions-reducing technologies into the design of their vehicle fleets. (See Charmley Decl. 9). Emissions-reducing technologies can include, for instance, “engine technologies, tires, transmission options, and hybrid and electric vehicle options.” (Lutsey Decl. 18). For any given emissions standard, there are “an almost infinite number of technology combinations” that a vehicle manufacturer could use to comply with the standard. (Lutsey Decl. 9; Oge Decl 7). Different technologies vary in terms of cost and effectiveness. (Id.). The Clean Air Act provides that any emissions standard “shall take effect after such period as…necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.” 5 U.S.C. §7521(a)(2). The EPA developed OMEGA as a modeling tool to assist itself in establishing emissions standards. (Charmley Decl.
8, 9; Wehrum Decl. 6; Oge Decl. 19; Pl. Br., Ex. A). OMEGA operates by evaluating the cost and effectiveness of certain technologies, predicting the various ways that manufacturers could combine technologies to achieve compliance, and estimating the cost of complying with various emissions standards. (Id.). Broadly speaking, OMEGA models consist of five components: the inputs, the pre-processors, the core model (the subject of this FOIA action), the post-processors, and the outputs. (Charmley Decl. 10; Pl. Br., Ex. B). The “inputs” consist of excel spreadsheets containing quantitative data, such as the specific vehicle models on the market, available emission-reduction technologies and corresponding costs, hypothetical emission targets, and fuel costs. (Charmley Decl. 10; Lutsey Decl.
