Civil Action No. 03-1969 (CKK). March 7, 2005 MEMORANDUM OPINION COLLEEN KOTELLY, District Judge Pro se Plaintiff Rick Rushing brings a citizen suit under the Clean Water Act, 33 U.S.C. § 1365 ("CWA"), and the Clean Air Act, 42 U.S.C. § 7607 ("CAA") (collectively "the Acts"), against Defendant, the Administrator of the Environmental Protection Agency ("EPA" or "the Administrator"), alleging the Administrator has violated nondiscretionary duties of both the Acts. Plaintiff argues that EPA employees
(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both. (b) For purposes
(a) Agencies must ensure that procedures, directives and other issuances; systems planning and development documentation; and other relevant records include recordkeeping requirements for records in all media, including those records created or received on electronic mail systems. Recordkeeping requirements must: (1) Identify and prescribe specific categories of records to be systematically created or received and maintained by agency personnel in the course of their official duties; (2) Specify