McMillian v. United States (In Re Apco Liquidating Trust)

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Plaintiff John G. McMillian, Liquidating Trustee for the Apeo Liquidation Trust and Apeo Missing Stockholder Trust (“Liquidating Trustee”), petitions to enforce a subpoena he issued to Shaw Environmental, Inc. (“Shaw”) in connection with a dispute in the United States Bankruptcy Court for the District of Delaware. The Environmental Protection Agency (“EPA”) opposes the petition and resists production of certain documents on the basis of the deliberative process privilege. Although the deliberative process privilege applies to some of the…