WASHINGTON (Legal Newsline) – The nonprofit suing the Department of the Interior for records related to one of its top officials – who just happens to be a climate activist – wants the judge hearing its case to speed things along.
Energy Policy Advocates recently filed a motion for a preliminary injunction that would force the Interior Department to quickly hand over materials regarding Elizabeth Klein, who is senior counselor to Secretary Deb Haaland.
DOI has denied EPA’s request for ethics/recusal memoranda about Klein, whose name was withdrawn as a nominee for deputy secretary in March because of her past work against the fossil fuels industry.
EPA sued the DOI over the refusal and is now asking for the injunction.
“Plaintiff’s request concerns ethics records of a senior Department official involved in major decision-making within the Department,” EPA lawyer Matthew Hardin wrote. “The public has a right to know whether or not senior officials are making conflicted decisions, and whether they disclosed conflicts in their ethics vetting process; the public is harmed on a daily basis as more decisions are made without ethical clarity.”
The controversy involves Klein's previous work on climate change litigation brought by state attorneys general. 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 who were placed in state attorney general offices in order to push an agenda that includes litigation.
Those Bloomberg-funded lawyers have assisted in suits against BP, Citgo, Chevron, and more than 20 other fossil fuel companies alleging they are responsible for damage caused by climate change – suits, some defense lawyers say, that rely more on PR campaigns than sound legal arguments.
Critics say Klein's work at the SEEIC could conflict with positions she may take on issues involving states as parties.
EPA’s FOIA request also seeks information as to whether the department granted Klein an ethics waiver.
The motion says EPA is simply seeking records also being pursued by media outlets and members of Congress.
“Both Klein and her employer (the Impact Center) provided legal representation and assistance to at least 17 states and the District of Columbia, including on ‘particular matters’ adverse to the Department,” EPA’s motion says.
“Given the tremendous public interest in the ethics of those appointed to the highest levels of office, the urgency in informing the public of real and potential ethical conflicts, and Plaintiff’s proven ability to widely disseminate information.”