WASHINGTON (Legal Newsline) - A Colorado congresswoman pressed an embattled climate activist turned government official during a House hearing on Tuesday.
Elizabeth Klein was among a panel of government witnesses on the topic of The Status of Drought Conditions Throughout the Western United States when Representative Lauren Boebert (R-CO) pressed her about the appearance of conflicts of interest at a Water, Oceans, and Wildlife subcommittee hearing.
“The White House pulled your potential nomination to be the deputy secretary because your conflicts of interest were so severe that you faced bipartisan opposition,” Boebert said. “Has the ethics office at the department provided you with a recusal list? Yes or no?”
Klein, a senior counselor to Department of the Interior Secretary Deb Haaland, admitted she has been consulting on an ongoing basis with ethics officials.
Her nomination as deputy secretary of Interior was pulled by the Biden administration in March following pressure from senators in two energy-rich states, Democrat Joe Manchin of West Virginia and Republican Lisa Murkowski of Alaska.
“I am taking my responsibilities and ethics requirements seriously,” Klein said at Tuesday's hearing. “I have an ethics agreement that I operate under.”
The controversy involves Klein's previous work on climate change litigation brought by state attorneys general while she served as deputy director of the Michael Bloomberg-funded State Energy & Environmental Impact Center (SEEIC) at the New York University (NYU) School of Law, which paid the salaries of climate activists operating under the titles of special assistant attorneys general in order to sue Big Oil.
Critics say Klein's work at the SEEIC could conflict with positions she may take on issues involving states as parties.
Under questioning by Boebert, Klein said she’d be happy to provide the subcommittee with a list of who and what matters she is currently recused from.
“Michael Bloomberg funneled private money through SEEIC that you use as deputy director to hire and pay special assistant attorney generals that worked for the state Attorney General offices and sued the Trump administration on energy, climate change, and environmental regulations,” Boebert said. “So, basically SEEIC helped infiltrate state governments with Green New Deal extremists for the sole purpose of suing the federal government on environmental policies you all disagreed with. Yes or no?”
Subcommittee chair Jared Huffman (D-CA) interrupted before Klein answered.
“Ms. Klein you are welcome to answer that question but I do want to advise members that they should keep their questions and remarks limited to the subject matter under consideration in today's hearing and that is under Committee Rule 3(d),” Huffman said.
As previously reported in Legal Newsline, Bloomberg-funded lawyers assisted in lawsuits against BP, Citgo, Chevron, and more than 20 other fossil fuel companies alleging they are responsible for damage caused by climate change – litigation that some defense lawyers allege rely more on media campaigns than sound legal arguments.
“I'm certainly happy to provide information about the work of the Center or the Center can provide you with information about their work,” Klein replied to Boebert. “Again, I take my ethics obligations very seriously at the Department of Interior.”
Boebert closed by admonishing Klein.
“It's unfortunate that you're coming before this committee and not providing adequate information,” Boebert said.
“Mr. Chairman, serving at the highest levels of federal agencies is no place for extremist partisan hacks that are compromised by special interests. I'm grateful that Senator Manchin (D-WV) agreed and kept Ms. Klein from being the Deputy Secretary of Interior. Unfortunately, she still managed to slither her way into a high-level position at the department that doesn't require the scrutiny of the public confirmation process.
"I believe it's incredibly important that Ms. Klein be recused from all matters she directly worked on while in the private sector... that she be recused from all matters being worked on by those she hired and placed in assistant Attorney General's offices and she should be recused for working for any American taxpayers. Period.”