WASHINGTON (Legal Newsline) - The Biden Administration has quietly tapped a University of Minnesota (UMN) law professor with controversial ties to the Office of Minnesota Attorney General Keith Ellison for a key litigation role at the Department of Energy.
Alexandra Klass, who taught in the fields of energy and environmental law at UMN, was recently appointed to serve as Deputy General Counsel for Litigation, Regulation, and Enforcement at the DOE.
Klass, a longtime climate activist, played an important role in helping Ellison's office initiate a lawsuit against traditional fossil fuel energy companies for alleged climate harm in 2020.
Emails written by Klass drew the attention of a government watchdog group after a FOIA request revealed that she was involved in pushing the AG's office to file suit against Big Oil.
According to communications obtained by Energy Policy Advocates, Klass placed a legal memorandum on UMN Law School letterhead, claiming that she and several graduate students authored the document. However, the memo was ghost co-written and funded by environmental activists and donors affiliated with the Rockefeller Family Fund, based in New York.
Critics allege that Klass used UMN letterhead for the memo to make it seem like the origins of the lawsuit were locally rooted in Minnesota. In actuality, records show the suit was part of a nationally orchestrated campaign funded by wealthy climate activists in New York.
“What you can tell from the email trail is that there was a very contorted and contrived method of putting together this so-called ‘academic background’ to these issues. And, of course, they're hiding the funding for it, and it makes it suspicious that they would do that. Why would they do that unless they knew that this would be potentially scrutinized?" Doug Seaton, founder and president of Upper Midwest Law Center, previously told Legal Newsline. "They didn't realize we would be able to see ultimately the whole trail of communications leading to this.”
The idea of initiating a series of suits against traditional energy companies was spearheaded by Lee Wasserman, director of Rockefeller Family Fund, according to comprehensive findings issued by Government Accountability Office & Oversight.
Records show that Klass's involvement in the case dates back to at least 2018, when climate activist Michael Noble - head of the Minnesota-based organization Fresh Energy - reached out to the professor to enlist her help in developing the memo.
Ellison ultimately filed the suit recommended by Klass, but his office waited to do so until it was able to hire two "Special Assistants Attorney General," funded by Michael Bloomberg, to handle the case. Emails show Klass knew about this arrangement.
In an apparent violation of the university's ethical code, Klass and her affiliates went to great lengths to ensure the Rockefeller Family Fund and its affiliates would not have their names attached to the memo.
Communications also show that Klass requested external funding for the students who assisted with the memo but wanted to conceal the true source of the funds.
In a Dec. 30, 2018 email responding to Klass’ request, Noble replied, "Yes we have funding and we can write a simple contract."
About a week later, Noble sent a separate email to Fresh Energy's Chief Operations and Finance Officer Ellen Palmer, stating, "[Klass] strongly agrees that there shouldn't be Fresh Energy funding law students direct."
Klass did not respond to a previous request for comment by Legal Newsline when asked to respond to critics' accusations that she violated university rules.
The appointment of Klass follows that of another academic and climate activist, Ann Carlson, a former professor at UCLA School of Law. Carlson was chosen by the Biden administration to serve as Chief Counsel in the National Highway Transportation and Safety Administration. In that role, Carlson is overseeing the development of new "climate standards for cars and trucks."
Court filings show Carlson was also involved in litigation efforts prompted by Rockefeller associates. As previously reported by Legal Newsline, Carlson was involved in environmental protection work through the Emmett Center, where she assisted with climate suits filed throughout the country against energy companies.
The questionable origins of the case, including the use of the two SAAGs to carry out the litigation, have been highly controversial in Minnesota. At a recent debate among current GOP contenders for Attorney General in Minnesota, all three candidates said they would immediately fire the two existing SAAGs brought on by Ellison.
In addition, the state’s legislature is currently considering pending legislation that would effectively bar the Minnesota Attorney General’s Office from using outside attorneys, including the SAAGs.
In spite of the continued controversy, Klass was brought into the Biden administration with a start date of April 25. Notably, no announcement regarding the appointment was made by the administration, and no Senate examination or confirmation process was carried out.
Matt Hardin, board member of Environmental Policy Advocates, said that the selections of Klass and Carlson prove the Biden administration is doubling down on its climate agenda in spite of record-high gas prices.
"The appointment of Professor Klass on the heels of bringing in climate plaintiffs' consultant Ann Carlson from UCLA, provides yet further evidence that the Biden administration’s claims that it is doing everything it can to bring down the price of gas are simply unbelievable," Hardin said. "It is bringing activists committed to Biden's campaign pledge to end fossil fuels into the administration, where they will go as far as they can take that agenda during this four-year term."