Sen. Boxer has sent a letter to Attorney General Mukasey asking that he “intervene immediately” regarding a memo EPA Administrator Johnson sent out last week regarding CO2 regulation. She claims that Johnson issued the memo “without legal authority under the Clean Air Act.” Boxer goes onto say,  

Swift and decisive action on your part to ensure that Administrator Johnson immediately withdraws this unauthorized document will not only prevent a gross waste of taxpayer money defending an illegal decision, but it will also make clear that the waning days of the Bush Administration should not be used to issue “midnight rules” that undermine the law and threaten the health of our people and our planet.

Whether the Attorney General steps in regarding the memorandum remains to be seen.