FOE's request seeks records of communications between State - which FOE has yet to hear back from since the April expedition request denial - and a cadre of powerful lobbyists.
The most well-connected of the group is Anita Dunn, a principal at SDKnickberbocker, a senior advisor to Obama's 2012 reelection campaign and former communications director for the Democratic Senatorial Campaign Committee under then-Senator Kerry. Dunn - who had over 100 private meetings with the Obama Admininistration between 2009 and 2012 according to a New York Times investigation - now does public relations on behalf of TransCanada at SDKnickberbocker.
Dunn's husband Robert “Bob” Bauer - President Obama's personal attorney, former White House Counsel for Obama, Counsel for the Democratic National Committee and election law attorney for Obama's 2012 reelection campaign - works at a law firm that does legal work on behalf of another TransCanada-owned pipeline, Alaska's South Central LNG.
DeSmogBlog submitted a FOIA request to the White House for the financial disclosure forms of Dunn and Bauer on July 5.
Furthermore, Dan Sullivan, current Commissioner of Alaska's Department of Natural Resources, and former Alaska Attorney General and former Assistant Secretary of State in the Bush Administration, is a former Perkins attorney.
Under 18 USC § 1001, making a “materially false, fictitious, or fraudulent statement or representation…[to the] executive, legislative, or judicial branch of the Government of the United States“ is a crime punishable by up to five years in jail.
On top of his job at Perkins Coie, Bauer - a well-known architect of bending campaign finance law to allow more corporate money to flood into electoral races - served as general counsel to President Obama’s 2012 reelection campaign. He also serves as general counsel to the Democratic National Committee and did electoral law work for John Kerry's 2004 presidential campaign.
His wife, Anita Dunn is the co-owner of SKDKnickerbocker, former Obama Communications Director, senior advisor for Obama's 2012 re-election campaign and is the former communications director for the Democratic Senatorial Campaign Committee under then-Senator Kerry. She's met with top Obama administration officials more than 100 times since leaving in 2009, according to a recent New York Times investigation.
The two groups dug deep and revealed State's contractor ERM and its subsidiary Oasis Environmental both have ongoing contractual relationships with the Alaska Gas Project - now known as the South Central LNG Project - co-owned by TransCanada, ExxonMobil, ConocoPhillips and BP. Further, ERM's Socioeconomic Advisor Mark Jennings served as a “Consultant to ExxonMobil Development Company for the Alaska Pipeline Project, according to his now-scrubbed LinkedIn profile.
ERM's own documents - FOE-U.S. and CBP further explain - also reveal the multinational firm has business ties with over a dozen companies active in the Alberta tar sands, including Exxon, Shell, Chevron, Conoco Phillips, Total and Syncrude.
On its conflict-of-interest form, ERM said it had no “direct or indirect relationship … with any business entity that could be affected in any way by the proposed work.” Clearly, that's far from the case.
In March, ERM Group - a City of London-based dues-paying member of the American Petroleum Institute (API)with a history of rubber-stamping ecologically hazardous oil and gas infrastructure projects - said KXL's northern half “is unlikely to have a substantial impact on the rate of development” of the tar sands in its SEIS. Thus, it will also have little impact on climate change, according to ERM's SEIS, contracted out by TransCanada on behalf of the State Department.
Local resident Henri-Paul Audette told the Huffington Post that his brother's apartment was next to the railroad tracks, very close to the spot where the train derailed.
“I haven't heard from him since the accident,” he said. “I had thought … that I would see him.”
This is by all accounts, a major tragedy, lives have been lost, loved ones remain missing and a small town has been nearly wiped off the map. There are still a lot of unknowns about this disaster, but that has not stopped supporters of the proposed Keystone XL pipeline from using the horrific events in Lac-Megantic to promote the pipeline.
“After Saturday’s tragedy in Lac-Mégantic, Que., it is time to speed up the approval of new pipeline construction in North America. Pipelines are the safest way of transporting oil and natural gas, and we need more of them, without delay.”
No kidding, Furchgott-Roth wants no more delay in the Keystone XL pipeline, since she has been advocating on behalf of the oil industry in one form or another for more than 25 years, with stints as an economist at the American Petroleum Institute and the oil industry-backed American Enterprise Institute.
Working for oil company front groups is one thing, but using the tragedy still unfolding in Quebec to argue for more oil pipelines is a whole new level of low.
The State Department's decision to hand over control to the oil industry to evaluate its own environmental performance on the proposed Keystone XL tar sands pipeline has led to a colossal oversight.
Neither Secretary of State John Kerry nor President Barack Obama could tell you the exact route that the pipeline would travel through countless neighborhoods, farms, waterways and scenic areas between Alberta's tar sands and oil refineries on the U.S. Gulf Coast.
A letter from the State Department denying an information request to a California man confirms that the exact route of the Keystone XLexport pipeline remains a mystery, as DeSmog recently revealed.
Generic maps exist on both the State Department and TransCanada websites, but maps with precise GIS data remain the proprietary information of TransCanada and its chosen oil industry contractors.
Thomas Bachand, a San Francisco-based photographer, author, and web developer discovered this the hard way. A year and a half after he first filed a Freedom of Information Act (FOIA) request seeking the GIS data for his Keystone Mapping Project, Mr. Bachand received a troubling response from the State Department denying his request.
In the letter, the State Department admits that it doesn't have any idea about the exact pipeline route - and that it never asked for the basic mapping data to evaluate the potential impacts of the pipeline.
Where will KXL intersect rivers or cross ponds that provide drinking water? What prized hunting grounds and fishing holes might be ruined by a spill? How can communities prepare for possible incidents?
“[State] does not have copies of records responsive to your request because the Environmental Impact Statement for the Keystone pipeline project was created by Cardno ENTRIX under a contract financed by TransCanada Keystone Pipeline LP, and not the U.S. government,” reads the State Department's letter denying Bachand's information request.
“Neither Cardno ENTRIX nor TransCanada ever submitted GIS information to the Department of State, nor was either corporation required to do so. The information that you request, if it exists, is therefore neither physically nor constructively under the control of the Department of State and we are therefore unable to comply with your FOIA request.”
As Mr. Bachand pointed out in a July 3 blog post: “Without this digital mapping information, the Keystone XL’s Final Environmental Impact Statement (FEIS) and Supplemental Environmental Impact Statement (SEIS) are incomplete and cannot be evaluated for environmental impacts.”
With many eyes honed in on the Powder River Basincoal export battle in the Northwest, another coal export boom is unfolding on the U.S. Gulf Coast. Although no coal production is actually taking place here, a filthy fuel with even more severe climate impacts than coal is leaving port bound for foreign power plants.
Petcoke “is a byproduct of coking, a process that takes very heavy oil and produces gasoil (a precursor to diesel or vacuum gasoil) and naphtha,” Platts explains. “The coke is used as a fuel for power plant, in a kiln in the production of concrete or, for some specialty grades, in the production of aluminum or other metals.”
One is a class-action lawsuit filed by the Duncan Firm, Thrash Law Firm and Parker Waichman LLP on June 27. The other is a suit filed on June 13 by the U.S. Environmental Protection Agency (EPA) in concert with the Arkansas Attorney General's Office, led by AG Dustin McDaniel.
Collectively, both lawsuits lay out the damning facts of the second biggest tar sands pipeline spill in U.S. history, caused by a 22-foot gash in the pipeline, second only to Enbridge's “dilbit disaster” in Kalamazoo, Michigan. The cases also call for the spill's victims - both people, government bodies and the ecosystem - to receive reparations.
Among other things, both suits clarify that ExxonMobil Pipeline Company dilbit has contaminated Lake Conway, the largest man-made game and fish commission lake*** in the United States, which serves as a tributary of the Arkansas River.
The class-action tort lawsuit slaps ExxonMobil with willful negligence under Arkansas state law, alleging Exxon knew Pegasus - built in the 1940's far before the age of “extreme energy” and designed to carry light crude - would spill at some point. The suit also reveals for the first time that the spill was just the biggest of 13 other spills preceding it, meaning it was not just a spill out of the blue.
The joint EPA/Arkansas AG civil lawsuit cites Exxon for violating the Clean Water Act, Arkansas' Hazardous Waste Management Act and Arkansas' Water and Air Pollution Control Act.
Taken together, both suits keep the heat on ExxonMobil and on Alberta tar sands production at-large as the battle over the proposed northern half of TransCanada's Keystone XL tar sands pipeline heats up. U.S. President Barack Obama's State Department is expected to make a decision on that pipeline's fate in the next few months.
But the real path is still a secret: the actual route of KXL is still cloaked in secrecy. Case in point: the travails of Thomas Bachand, Founder and Director of the Keystone Mapping Project.
“I started out wanting to scout the route for a potential photography project. So I went looking for a map, and discovered there wasn’t one,” Bachand explained in a Nov. 2012 interview with National Public Radio. “I went over to the State Department website, and found some great information, but then I discovered there wasn’t any route information.”
His experience with TransCanada was even worse.
“TransCanada [also gave me] the runaround. Their excuse was that [releasing the information] was a national security risk, which is just a joke.”
Due to lack of transparency on the part of President Barack Obama's State Department and TransCanada, what was once merely an ambitous photo-journalism project has morphed into a full-fledged muckraking effort - and a Freedom of Information Act (FOIA) request battle royale - that's now lasted about a year and a half for Bachand. The State Department still has yet to give him the goods.
The SEIS concluded KXL's “approval or denial” - misleading because its southern half is already 75-percent complete via an Obama March 2012 Executive Order - “is unlikely to have a substantial impact on the rate of development” of the tar sands. Therefore, it will also have little impact on climate change, according to ERM's SEIS.
A DeSmog investigation also reveals that API has spent $22.03 million dollars lobbying at the federal level on Keystone XL and/or tar sands issues since the pipeline was initially proposed in June 2008. Further, some of those oil lobbyists have direct ties to both President Barack Obama and U.S. Secretary of State John Kerry, the two men who have the final say on KXL.
In other words, the EU, China and Latin America get the oil, the foreign-owned oil companies get the profits and North Americans are left cleaning up oil spills and shouldering the pollution burden from extracting and refining the dirty tar sands. It's a complicated issue for sure, so I've tried to break out the main points in an infographic. Please feel free to download and share it. All the information has been fact-checked and verified by energy policy experts.
Democracy is utterly dependent upon an electorate that is accurately informed. In promoting climate change denial (and often denying their responsibility for doing so) industry has done more than endanger the environment. It has undermined democracy.
There is a vast difference between putting forth a point of view, honestly held, and intentionally sowing the seeds of confusion. Free speech does not include the right to deceive. Deception is not a point of view. And the right to disagree does not include a right to intentionally subvert the public awareness.