State Department Sued for Not Disclosing Keystone XL Pipeline Lobbyists’ Communications

Washington, D.C. —

Environmental group Friends of the Earth sued the State Department today to gain access to communications between the department and a broad web of lobbyists promoting the Keystone XL tar sands pipeline.

Alberta, Canada. Tar sands mining operations permanently damages the environment, destroying forests and wetlands, with vast drilling infrastructure, open pit mines, and toxic wastewater ponds up to three miles wide.
(Velcrow Ripper / Flickr.)

Friends of the Earth, represented by Earthjustice, filed a Freedom of Information Act (FOIA) request in October 2011, asking the State Department to release communications between the department and employees of TransCanada, the Canadian oil company seeking to build the Keystone XL pipeline, or between the department and employees of pro-pipeline lobbying firms McKenna Long & Aldridge, Bryan Cave LLP, and DLA Piper.

Two of the lobbyists named on this FOIA request, Gordon Giffin with McKenna, Long & Aldridge and James Blanchard with DLA Piper, were fundraising bundlers for Secretary of State Hillary Clinton’s 2008 presidential bid. DLA Piper was also the largest single corporate source of employee and PAC contributions to Hillary Clinton’s campaign. The campaign connections also extend to President Obama. Jeff Berman, a lobbyist listed on Bryan Cave’s Keystone XL lobbying account, was director of delegate selection in Obama’s primary campaign and was called the “unsung hero” of his victory.

“Despite the administration’s recent rejection of the Keystone XL permit, TransCanada is forging full-speed ahead on a new permit application, and pro-pipeline lobbyists are keeping the pressure on the State Department to approve this controversial and misguided pipeline,” said Damon Moglen, climate and energy project director at Friends of the Earth. "The communications we seek are key to ensuring that the State Department isn’t letting lobbyists’ personal connections to Secretary Clinton or President Obama bias its decision-making."

Friends of the Earth filed a previous lawsuit against the State Department for failure to respond to a December 2010 FOIA request, leading to the release of correspondence between State Department officials and Paul Elliott, TransCanada’s lead Washington, D.C. lobbyist, who was formerly one of Hillary Clinton’s presidential campaign managers. Revelations about other lobbyists with close ties to Secretary of State Hillary Clinton and their potential influence on the review process for the Keystone XL permit led the environmental groups to file this FOIA request for those additional lobbyists’ communications. The State Department has ignored that request.

“Emails released in response to our first Keystone XL FOIA request revealed an inappropriately cozy and accommodating relationship between TransCanada and State Department officials,” said Moglen. “From conflicts of interest, to insider advice, to outright cheerleading from within the department, those FOIA documents revealed a corrupted and broken process. With TransCanada continuing to push for a permit for this controversial project, the public deserves to know the full details of oil lobbyist relationships fueling this project. The State Department must not hide documents from the public that could shed further light on serious problems in the initial review of the Keystone XL pipeline—problems that contributed to the biased and incomplete environmental review of the pipeline the first time around.”

“The billions of oil dollars backing this pipeline should not interfere with government transparency. The public has a right to know how our government is making decisions that have potentially grave consequences for our environment,” said Earthjustice attorney Abby Rubinson.

Read the FOIA complaint.