WASHINGTON (Legal Newsline) - A federal judge says a national nonprofit failed to justify expedited processing of ethics records related to a top Interior Department official, but those files have been turned over anyway.
As previously reported, Energy Policy Advocates (EPA) 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, after the DOI denied the request for ethics and recusal memoranda about Klein.
On Sept. 22, Judge James Boasberg instead granted DOI’s cross motion for summary judgment.
“We’d been fighting to obtain the records for months and the agency had already started producing records,” EPA’s attorney Matt Hardin said. “Ironically, the final production arrived the day after Judge Boasberg’s ruling.”
Hardin told Legal Newsline that the next step is to address redactions and withholdings in a related case.
“One of the things we’ve been arguing is that because many, many records were duplicate copies or even quadruplicate copies, the agency was overestimating how many records were at issue in the request,” he said. “Ultimately, that proved to be correct, which is why the production is now over.”
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 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 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 say, relies more on propaganda than sound legal arguments.
“Unfortunately, Interior failed to follow its own regulations in this case,” Hardin added. “We wish the court had been clear that Interior is obligated to follow its own rules in processing FOIA requests.”
Klein’s spot in the department has raised eyebrows, considering her climate change agenda. DOI initially denied EPA’s request for ethics/recusal memoranda about Klein, whose name was withdrawn as a nominee for deputy secretary in March because of her past work against the fossil fuels industry.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 argued it was 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 has said.
“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.”