Keystone XL Conflict of Interest: Obama Attorney's Law Firm Represents TransCanada
By Steve Horn
A recent DeSmogBlog investigation reveals that Robert Bauer, former White House Counsel and President Obama's personal attorney, works at the corporate law firm Perkins Coie LLP, which does legal work for TransCanada's South Central Liquified Natural Gas (LNG) Project, formerly known as Alaska Gas Pipeline Project.
Furthermore, Dan Sullivan, current Commissioner of Alaska's Department of Natural Resources, and former Alaska Attorney General and former Assistant Secretary of State in the Bush Administration, is also a former Perkins attorney.
These findings come in the immediate aftermath of a recent investigation revealing the contractor hired by Obama's U.S. State Department to do the Supplemental Environmental Impact Statement for the northern half of TransCanada's Keystone XL tar sands export pipeline—Environmental Resources Management, Inc. (ERM Group) —lied on its June 2012 conflict-of interest filing. ERM Group checked the box on the form saying it had no current business ties to TransCanada.
In fact, ERM—a member of the American Petroleum Institute, which has spent more than $22 million lobbying on tar sands and Keystone XL since 2008—does maintain business ties to TransCanada, the investigation revealed. This includes an ongoing consulting relationship with South Central LNG, co-owned by TransCanada, ExxonMobil, BP and ConocoPhillips.
Under 18 U.S.C. § 1001, making a "materially false, fictitious, or fraudulent statement or representation...[to the] executive, legislative or judicial branch of the Government of the U.S." is a crime punishable by up to five years in jail.
On top of his job at Perkins Coie, Bauer—a well-known architect of bending campaign finance law to allow more corporate money to flood into electoral races—served as general counsel to President Obama’s 2012 re-election campaign. He also serves as general counsel to the Democratic National Committee and did electoral law work for John Kerry's 2004 presidential campaign.
His wife, Anita Dunn is the co-owner of SDKnickerbocker, and former Obama Communications Director, was senior advisor for Obama's 2012 re-election campaign and is the former communications director for the Democratic Senatorial Campaign Committee under then-Senator Kerry. She's met with top Obama administration officials more than 100 times since leaving in 2009, according to a recent New York Times investigation.
Dunn currently does public relations work on behalf of TransCanada and freight rail industry lobbying group, American Association of Railroads. The tar sands pipeline boom comes alongside a freight rail boom to carry tar sands crude and fracked oil from North Dakota's Bakken Shale.
“ERM lied on its conflict of interest disclosure form, and State was either asleep at the wheel or chose to look the other way,” Friends Of the Earth's Ross Hammond told The Washington Post in a recent piece commenting on ERM's "Pinocchio moment."
Given the myriad ties that bind, "looking the other way" appears more plausible.
Perkins Coie's Legal Bidding for Democrats, TransCanada Alaska Gas Pipeline Project
Perkins Coie is a global firm with 19 offices worldwide and maintains close ties to the Democratic Party above and beyond Bob Bauer. Bauer's colleague Mark Ellis, for example, does legal work on behalf of the "Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, the Democratic Governors Associations and numerous U.S. senators and representatives and their campaigns," according to his Perkins Coie biography.
The Oil and Gas legal work portion of Perkins' website highlights its legal work in Alaska, "in Alaska, our lawyers have long represented leading oil and gas companies on the North Slope and the Cook Inlet...We are extensively involved in efforts to develop the Point Thomson field and commercialize Alaska's natural gas resources with a pipeline to Lower 48 markets."
The "efforts to...commercialize Alaska's natural gas resources with a pipeline to Lower 48 markets" that Perkins' website refers to is the South Central LNG Project co-owned by TransCanada.
"The project is designed to connect Alaska's North Slope natural gas resources to new markets and deliver a reliable and secure source of clean burning energy for decades to come," explain TransCanada and ExxonMobil on the original Alaska Gas Pipeline Project website. "TransCanada and ExxonMobil have the expertise, experience and financial capability to develop what would be one of the largest privately funded energy projects in the history of North America."
Before providing legal aide to South Central LNG, Perkins helped the Trans-Alaska Pipeline System (TAPS)—co-owned by Koch Industries, ExxonMobil, BP, ConocoPhillips and Chevron and often referred to as the Alyeska Pipeline—get up and running. TAPS takes oil from the Alaska North Slope to the Valdez Marine Terminal, home of the Exxon Valdez spill.
Perkins' legal aide, in fact, made TAPS a reality according to an interview appearing online with Perkins' veteran attorney Guy Martin. Martin was instrumental in opening Perkins' office focusing on Alaska in Washington DC.
"I actually took a little, first-floor townhouse on Capitol Hill, and opened what was really a two-or three-person office. It was the first state office, and we worked pretty much exclusively on the pipeline," said Martin. "The Trans-Alaska Pipeline Act was passed as the direct result of the passing of the Settlement Act."
Perkins Coie attorney L. John Iani—former Region 10 (which includes Alaska) Environmental Protection Agency administrator from 2001-2004 under President George W. Bush—also formerly lobbied for the Alaska Gas Pipeline Project working for TransCanada from 2005-2008, Congressional lobbying disclosure records show. He did so while working for Van Ness Feldman from 2004-2010, a firm that today lobbies on behalf of TransCanada's Keystone XL.
Perkins still does legal work on behalf of TAPS and defended it in the 2010 case Alyeska Pipeline Service Company v. Pipeline and Hazardous Materials Safety Administration.
Alaska Department of Natural Resources Run by Former Perkins Attorney
Alaska Department of Natural Resources (DNR) Commissioner Dan Sullivan formerly worked at Perkins Coie from 1996-2006. His task as head of Alaska's DNR, by law, is to serve as an oil and gas industry watchdog. As such, he will aid in overseeing whether South Central LNG becomes a reality. Sullivan—it's important to remember—was named Attorney General by former Alaska Republican Gov. Sarah Palin of "drill baby, drill" fame in June 2009.
Prior to his appointment as Attorney General, Dan Sullivan served as Assistant Secretary of State during the Bush administration, reporting to Secretary of State Condoleezza Rice. Sullivan's full title was Assistant Secretary for Economic, Energy and Business Affairs.
Wikileaks diplomatic cables reveal that while at the State Department, Sullivan helped negotiate oil and gas deals with Kazakhstan, Azerbaijan, Turkey, Norway, the United Arab Emirates, Pakistan, Turkmenistan and France.
It was also under Bush and during Sullivan's time at the State Department that the original TransCanada Keystone tar sands pipeline was approved in March 2008. Three months later, in June 2008, TransCanada proposed Keystone XL to the State Department.
In March 2012, President Obama issued an Executive Order to expedite the building of Keystone XL's southern half from Cushing, OK to Port Arthur, TX. It is the northern, border-crossing half whose final destiny is now in the hands of President Obama and Secretary of State John Kerry.
"Americans Know a Rat When They Smell One"
Anita Dunn will likely be working overtime in the coming weeks and months using her insider/outsider status to ensure its approval on behalf of the client she shares with her husband's law firm, TransCanada.
"Only in the ethically-challenged world of K Street lobbyists could it be considered OK for a power couple like Dunn & Bauer to exploit their White House connections to promote the interests of a foreign corporation like TransCanada," Hammond told DeSmogBlog in an interview.
"Beltway insiders may yawn at the fact that TransCanada has hired people so close to President Obama and Secretary Kerry to push their dirty and dangerous pipeline, but ordinary Americans know a rat when they smell one."
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By Taison Bell
"Hospital Capacity Crosses Tipping Point in U.S. Coronavirus Hot Spots" – Wall Street Journal
This is a headline I hoped to not see again after the number of coronavirus infections had finally started to decline in the Northeast and Pacific Northwest. However, the pandemic has now shifted to the South and the West – with Arizona, Florida, California and Texas as hot spots.
Hard-Hit States Quickly Learned Value of Masks<p>As a respiratory virus, SARS-CoV-2 is transmitted mainly through droplets that leave the mouth and nose as a person talks, sneezes, coughs or exhales. It thrives in environments where there are lots of people in enclosed spaces – <a href="https://theconversation.com/aerosols-are-a-bigger-coronavirus-threat-than-who-guidelines-suggest-heres-what-you-need-to-know-142233" target="_blank">especially if they are laughing, talking, singing</a> or otherwise coming into close contact. It thrives physically in the same settings where we thrive socially.</p><p>This is why the early hard-hit areas were able to crush the curve by closing businesses and implementing stay-at-home orders. Without significant close human interaction, the coronavirus couldn't spread.</p><p>While other states are now seeing hospitals fill with COVID-19 patients, most of the Northeast is maintaining control of community spread as its economies reopen. The difference reflects, at least in part, each state's behavior expectations and the willingness of residents to keep up safety precautions like wearing masks, avoiding large crowds, maintaining social distance of at least six feet and staying isolated when they are ill or may have been exposed to the virus.</p>
How Rhode Island's Daily COVID-19 Case Numbers Fell<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzQ2MTAwOS9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYyNDE1MDUxMH0.Ce8r6qCwhkJm8D8vUnTl5CblhFPXj_eBIlYqJ5yobqE/img.png?width=980" id="32ce3" class="rm-shortcode" data-rm-shortcode-id="f15da39d4dab6393216510dbed678840" data-rm-shortcode-name="rebelmouse-image" /><p>Northeastern states now <a href="https://www.cnn.com/2020/06/26/politics/maskwearing-coronavirus-analysis/index.html" target="_blank">lead the nation</a> in mask-wearing and adherence to other best practices. An <a href="https://www.mercurynews.com/2020/06/26/which-part-of-the-u-s-leads-the-country-in-mask-wearing/" target="_blank">Axios/Ipsos poll</a> showed that in states with high mask use, virus circulation is at <a href="https://www.inquirer.com/health/coronavirus/covid-19-coronavirus-face-masks-infection-rates-20200624.html" target="_blank">lower levels compared to states with less mask use</a>. Studies on the <a href="https://www.nature.com/articles/s41562-020-0908-8" target="_blank">effects of how quickly coronavirus restrictions have been lifted</a> around the world have found that slow, careful strategies have led to fewer illnesses and deaths during reopening.</p><p>In many parts of the Northeast, the months of illnesses, deaths and the struggle to turn the COVID-19 tide are still <a href="https://www.pewresearch.org/fact-tank/2020/06/23/most-americans-say-they-regularly-wore-a-mask-in-stores-in-the-past-month-fewer-see-others-doing-it/" target="_blank">fresh in people's minds</a>. The progress isn't uniform, however. <a href="https://gothamist.com/news/coronavirus-cases-among-20-somethings-nyc-rise-prompting-de-blasio-issue-new-mask-guidance" target="_blank">New York City's mayor has expressed concern</a> about an uptick in positive cases among people in their 20s.</p>
The Problems of a Political Divide<p>Elsewhere in the country, the current surge in COVID-19 cases <a href="https://www.washingtonpost.com/opinions/the-surges-of-the-coronavirus-across-the-nation-could-force-more-shutdowns/2020/06/12/e6985b94-acd9-11ea-a9d9-a81c1a491c52_story.html" target="_blank">began to pick up after Memorial Day weekend</a>, when people in several states that hadn't seen the same toll from the pandemic let their guard down. <a href="https://theconversation.com/covid-19-messes-with-texas-what-went-wrong-and-what-other-states-can-learn-as-younger-people-get-sick-141563" target="_blank">Video and pictures</a> showed parties, barbecues, crowded beaches and political rallies – all with very little social distancing or mask-wearing – giving more fuel for the coronavirus to spread.</p><p>Despite the overwhelming evidence for what we should be doing, following the advice of public health experts has also, sadly, become politicized. Depending on the news sources people listen to, they might hear warnings from health officials being taken seriously or being dismissed by pundits and politicians.</p><p>A <a href="https://www.axios.com/axios-ipsos-poll-coronavirus-index-15-weeks-e4eb53cc-9bc8-4cac-8285-07e5e5ef6b2b.html" target="_blank">recent national poll</a> shows that Democrats report consistently wearing a mask 68% of the time, while Republicans reported doing the same only 34% of the time. The national conversation has devolved into a false dichotomy: Either you're on the side of prioritizing safety or you're on the side of personal freedom and opening the economy.</p><p>In reality, the two should be partners, as these preventative measures are the best tools we have to reach our common goals of reopening businesses and schools safely. It's the same reason we stop at stoplights and go through metal detectors at the airport – we make a small sacrifice for the greater public good.</p><p>For the foreseeable future, Americans will have to collectively agree to live life a little differently. Until we can all agree on this, the coronavirus will continue to have the upper hand, and our health and wealth will suffer.</p>
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By Zahida Sherman
Cooking has always intimidated me. As a child, I would anxiously peer into the kitchen as my mother prepared Christmas dinner for our family.
Falling in Love With Food All Over Again<p>Slowly, through my most intimate relationships with friends and partners, I began to see the beauty — and rewards — of cooking.</p><p>I got tired of giving in to defeat and always bringing chips or paper products to social gatherings. I started asking my mom to send me her Christmas and Thanksgiving recipes. I even volunteered to host Thanksgiving dinner at my place.</p><p>Each time I heard my loved ones sing the praises of the foods I prepared for them, I felt a tinge more confident that I could carry out our traditions my way.</p><p>In reaching out to other relatives for their favorite recipes, I learned that they had a little help of their own. They didn't rely solely on their ancestral cooking instincts. They turned to Black chefs for guidance.</p><p>These 7 cookbooks by Black chefs have inspired my family and fed us in nutrients, joy, and spiritual sustenance. They're also helping me overcome my personal fears of cooking.</p>
Get CookingWhether you're in recovery from cooking fears like me, or are just looking to expand your culinary confidence with dishes honoring Black heritage, these Black chefs are here to support you on your journey.Turn on some music, give yourself permission to make mistakes, and throw down for yourself or your loved ones. Glorious flavors await you.
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By Tara Lohan
The conclusion to decades of work to remove a dam on the Middle Fork Nooksack River east of Bellingham, Washington began with a bang yesterday as crews breached the dam with a carefully planned detonation. This explosive denouement is also a beginning.
The History<p>The Middle Fork Nooksack drains glacier-fed headwater streams that run off the icy summit of 10,778-foot Mt. Baker. The Middle Fork joins the North Fork and then the mainstem of the Nooksack River, which travels to Bellingham Bay and Puget Sound. The entire Nooksack watershed stretches 830 square miles across Washington and into British Columbia.</p>
A Plan Comes Together<p>The Middle Fork dam is not a pool dam built for water storage. Much of the time, water flows over the top until dam operators drop a floodgate to divert water to new locations. That water travels about 14 miles through tunnel and pipeline to Mirror Lake, then Anderson Creek, and to Lake Whatcom before finally being delivered to residents' taps.</p><p>Before removing the dam, engineers had to move the water intake 700 feet upstream and situate it at an elevation that still enabled city water withdrawals throughout the year, regardless of flow conditions.</p><p>They also needed to make sure that the rushing water didn't sweep up fish and accidentally send them through the water-supply system.</p><p>"The solution required a fairly complex design in the intake structure, including a fish exit pipe out of that structure to put fish back into the river in a way that meets current environmental permit standards," explains LaCroix.</p>
Project layout for the removal of the Middle Fork Nooksack diversion dam and rebuilding of water intake. City of Bellingham<p>Despite the cost and the work, she says, being able to continue to meet their municipal water obligations while opening up habitat for threatened species has been a win-win.</p><p>"I think there's a lot of benefits to having a dam removal versus fish passage — the main one being that you get a free-flowing river that can be a dynamic ecosystem and change over time," she says. "A static fish ladder just can't provide that same level of ecosystem benefit."</p>
Restoration Success<p>Despite local authorities' championing dam removal on the Middle Fork, the project has largely flown under the radar, overshadowed in the Pacific Northwest by heated discussions about a much larger potential project — removing <a href="https://www.seattletimes.com/seattle-news/feds-reject-removal-of-4-snake-river-dams-in-key-report/" target="_blank">four federal hydroelectric dams on the lower Snake River</a>, a major tributary of the Columbia River.</p><p>Proponents of dam removal there see it as the best chance for recovering threatened salmon populations, including Chinook, which could help starving Southern Resident killer whales. Those dams also provide irrigation water, barge navigation and hydropower, so there's been more pushback against removal efforts.</p><p>Previous dam removals around the country, however, have proved successful at aiding fish recovery and river restoration.</p><p>Most notably the 1999 demolition of <a href="https://therevelator.org/edwards-dam-removal/" target="_blank">Edwards Dam on Maine's Kennebec River</a> restored the annual run of alewives, a type of herring essential to the food web. The fish run has gone from zero to 5 million in the two decades since dam removal. Blueback herring, striped bass, sturgeon and shad have also extended their reach. And the resurgence has brought back osprey, bald eagles and other wildlife, too.</p><p>The overwhelming success of river restoration on the Kennebec helped to spur a nationwide dam removal movement that's now seen 1,200 dams come down since 1999. Last year a record <a href="https://www.americanrivers.org/conservation-resource/a-record-26-states-removed-dams-in-2019/" target="_blank">90 dams</a> were removed in 26 states, including <a href="https://therevelator.org/cleveland-forest-dam-removal/" target="_blank">20 dams in California's Cleveland National Forest</a>.</p>
Spider excavators remove on dam on San Juan Creek in California's Cleveland National Forest. Julie Donnell, USFS<p>The results have been seen in the Pacific Northwest, as well, which boasts the largest dam removal thus far in the country. In 2011 and 2014, the demolition of <a href="https://therevelator.org/elwha-dam-removal/" target="_blank">two dams</a> on Elwha River, which runs through Washington's Olympic National Park, opened up 70 miles of habitat that had been blocked for a century. Scientists have started seeing all five species of salmon native to the river coming back, particularly Chinook and coho. Bull trout, they've observed, have increased in size since the dams were removal.</p>
Benefits on the Middle Fork Nooksack<p>McEwan hopes to see a similar outcome on the Middle Fork.</p><p>Like the Elwha the Middle Fork Nooksack is a relatively pristine river with little development, and dam removal is expected to provide a big boost to fish. The additional miles of spawning habitat are important, but so is the temperature of that water.</p><p>The dam removal will open access to cold upstream waters, which are ideal for salmon and getting harder to come by as climate change warms waters and reduces mountain runoff.</p><p>"This is really great for the climate change resiliency for these species," says McEwan.</p><p>Steelhead will get back 45% of their historic habitat in the river, and scientists expect Chinook populations to increase in abundance by 31%.</p><p>That <em>could</em> help Southern Resident killer whales.</p><p>"When you get to the ocean, it's a little bit of a black box in terms of what you can model and say definitively is going to help, but more fish is better for orcas," McEwan says.</p><p>Upstream habitat will see benefits, too.</p><p>Oceangoing fish like salmon enrich their bodies with carbon and nitrogen while at sea. When they return to their natal rivers to spawn and die, the marine-derived nutrients they carry back upriver become important food and fertilizer for both riverine and terrestrial ecosystems — aiding everything from trees to birds to bears.</p><p>"Once the fish start making their way back, it will start changing the whole ecological system," says Delgado.</p><p><span></span>But any ecological benefit from salmon restoration, either in the ocean or the upper watershed, won't be immediate.<br></p><p>"The population of salmon on the Middle Fork is so low that we expect it's going to take quite a while to rebound," she says. "But the big picture is that what's good for salmon is good for the region — our history and our destiny are intricately intertwined."</p><p>After decades of work, that process of restoration has finally begun.</p>
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