The Oklahoma County Court on Thursday found Trump's U.S. Environmental Protection Agency (EPA) nominee Scott Pruitt in violation of the state's Open Records Act. The Center for Media and Democracy (CMD) filed a lawsuit against Pruitt for improperly withholding public records and the court ordered his office to release thousands of emails in a matter of days.
In her ruling, Judge Aletia Haynes Timmons slammed the Attorney General's office for its "abject failure" to abide by the Oklahoma Open Records Act.
The judge gave Pruitt's office until Tuesday, Feb. 21, to turn over more than 2,500 emails it withheld from CMD's January 2015 records request and just 10 days to turn over an undetermined number of documents responsive to CMD's five additional open records requests outstanding between November 2015 and August 2016.
Thursday's expedited hearing was granted after CMD, represented by Robert Nelon of Hall Estill and the ACLU of Oklahoma, filed a lawsuit that has driven unprecedented attention to Pruitt's failure to disclose his deep ties to fossil industry corporations. On Friday, Pruitt is expected to face a full Senate vote on his nomination to run the EPA.
On Feb. 10, Pruitt's office finally responded to the oldest of CMD's nine outstanding Open Records Act requests but provided just 411 of the more than 3,000 emails they had located, withholding thousands of emails relevant to the request and still failing to respond to CMD's eight other outstanding requests. On Feb. 14 CMD filed a status report with the judge detailing the scope of missing documents, including 27 emails that were previously turned over to The New York Times in 2014.
"Scott Pruitt broke the law and went to great lengths to avoid the questions many Americans have about his true motivations," said Nick Surgey, CMD's director of research. "Despite Pruitt's efforts to repeatedly obfuscate and withhold public documents, we're all wiser to his ways and the interests he really serves. The work doesn't stop here to make sure communities across the country have the information they need to hold him accountable to the health and safety of our families."
Ahead of Thursday's hearing, Senators Carper, Whitehouse, Merkley, Booker, Markey and Duckworth—all members of the EPW committee—weighed in on the case, urging the Oklahoma court to require the Office of the Oklahoma Attorney General to release documents relevant to CMD's open record requests as a matter of "federal importance." In a letter to the Oklahoma Court, the Senators stated:
"We are providing this information to the Court today because we have concluded [the] pending Open Records Act requests may be the only means by which the Senate and the general public can obtain in a timely manner critical information about Mr. Pruitt's ability to lead the EPA."
"We need to understand whether ... Mr. Pruitt engaged with the industries that he will be responsible for regulating if he is confirmed as administrator in ways that would compromise his ability to carry out his duties with the complete impartiality required."
Pruitt's continued lack of transparency extends from a difficult nomination process in which research from CMD demonstrated Pruitt's repeated pattern of obfuscating ties to deep-pocketed, corporate interests.
At his hearing before the Senate Environment and Public Works (EPW) Committee, Pruitt faced a series of questions about his private meetings with major fossil fuel companies while chair of the Republican Attorneys General Association and fundraising for the Rule of Law Defense Fund. Sen. Sheldon Whitehouse concluded his questioning telling Pruitt his testimony "just doesn't add up." Despite failing to respond to any records requests for the past two years, Pruitt told U.S. Senators last week to file more open records requests with his office to answer 19 outstanding questions from his confirmation hearing.
After Democratic Senators twice boycotted the EPW Committee vote due to concerns over Pruitt's conflicts of interests and failure to fulfill open records requests, Republicans resorted to suspending Committee rules to advance his nomination.
America's national parks are already under threat, but will our beloved public lands survive Donald Trump's incoming presidency?
The president-elect plans to open up federal lands for more energy development and, according to Reuters, energy companies and industry lobbyists are already expecting a flurry of new federal drilling and mining leases with the incoming administration.
"This opportunity is unique, maybe once in a lifetime," Jack Gerard, president of the Washington DC-based American Petroleum Institute lobby group, told the news service in regards to increased access to federal leases.
Vast quantities of oil, natural gas, coal and uranium are tucked away in government-owned national parks and forests, wildlife refuges and tribal territories from the Arctic to the Gulf of Mexico.
As Reuters noted, under the Obama administration, oil output on federal land made up about a fifth of the national total in 2015, down from more than a third in 2010. Onshore drilling leases also fell about 15 percent.
However, Trump campaigned on a promise to "unleash America's $50 trillion in untapped shale, oil, and natural gas reserves, plus hundreds of years in clean coal reserves." He has accused Obama of "denying millions of Americans access to the energy wealth sitting under our feet" by restricting leasing and banning new coal extraction.
The U.S. government owns roughly 640 million acres of land, and the U.S. Department of the Interior (DOI) manages most of it. In December, Trump nominated U.S. Rep. Ryan Zinke of Montana, a climate change skeptic and coal mining advocate as head of the department.
As it happens, The Wilderness Society calculated that 90 percent of the lands held by the Bureau of Land Management, a bureau of the DOI, is already open to oil and gas development. Most of these lands are in the West and Alaska.
The Wilderness Society
At the same time, with crude oil prices above $50 a barrel, a drilling boom is in sight. As Bloomberg reported, U.S. shale producers are starting to hire back workers after sharp cutbacks in recent years and have added rigs to the shale patch in North America.
Even though Trump has previously said that he wants to keep public lands "great" and is "not looking to sell off land," that doesn't mean the leasing of public lands and waters for energy production is off the table.
Trump's own Energy Independence website states, "Rather than continuing the current path to undermine and block America's fossil fuel producers, the Trump Administration will encourage the production of these resources by opening onshore and offshore leasing on federal lands and waters." He also plans to end the "war on coal" and intends to scrap emissions regulations issued by the Obama Administration, such as the Clean Power Plan.
Trump's advisors are also seeking to privatize Native American reservations, which sit on an estimated 20 percent of the nation's oil and gas, along with large amounts of coal reserves. These resources are worth nearly $1.5 trillion.
In an effort to safeguard the environment, President Obama recently designated about 1.6 million acres in Utah and Nevada as national monuments. He also banned new drilling in federal waters in parts of the Atlantic and Arctic Oceans.
Republican lawmakers, however, have vowed to undo the measures. For now, it looks like the Right's "Drill, Baby, Drill" ethos is back on.
Scott Pruitt—Donald Trump's controversial pick to head the U.S. Environmental Protection Agency (EPA)—is under fire for his supposed ties to a nonprofit controlled by billionaire oil tycoons, Charles and David Koch.
Scott Pruitt, Donald Trump's nominee to head the EPA, has been known to parrot oil and gas industry talking points.Flickr
POLITICO has received a copy of a letter sent to Pruitt that was signed by six Democratic senators on the Environment and Public Works Committee. The letter raises questions about the Oklahoma attorney general's director status at a nonprofit called the Rule of Law Defense Fund that accepted $175,000 from Freedom Partners, the political arm of the Koch brothers' network.
Freedom Partners has been described as a "dark money umbrella group," likened to a secret bank that disburses contributions from wealthy conservatives.
The senators are requesting names of donors, meeting information, internal emails and other details related to Pruitt's leading role at the Defense Fund, according to POLITICO.
The letter was signed by Sens. Sheldon Whitehouse of Rhode Island, Jeff Merkley of Oregon, Cory Booker of New Jersey, Ed Markey of Massachusetts, Ben Cardin of Maryland and Bernie Sanders (I-Vt.), who caucuses with Democrats.
As POLITICO noted, the Defense Fund is allowed to keep donors secret since it is organized under a special section of the tax code. However, in 2014, it received $175,000 from Freedom Partners.
The letter calls that contribution into question and said that Pruitt's work with the Defense Fund is "troubling," since he may be too close to the very fossil fuel companies he is supposed to regulate as Trump's EPA chief.
The Defense Fund is an offshoot of the Republican Attorneys General Association, itself a group that has deep ties to the fossil fuel industry. A December 2014 New York Times exposé revealed an "unprecedented, secretive alliance" and coordination between Big Oil and the association.
Trump's appointment of Pruitt was met with unprecedented criticism by environmental and health organizations nationwide, being described as a "puppet" of the fossil fuel industry. In 2014, Pruitt was caught sending letters on state government letterheads to President Obama and federal agency heads asserting that the EPA was overestimating the air pollution from drilling for natural gas in Oklahoma. Turns out, the letter was written by lawyers for one of the state's largest oil and gas companies, Devon Energy.
According to POLITICO, the six senators are highlighting Pruitt's links to fossil fuel interests as part of a larger effort to turn moderate senators against his confirmation.
"The confirmation process, starting with your responses to committee questions before your hearing, is an opportunity for you to dispel the notion that the advocacy you have undertaken on environmental issues as Attorney General of Oklahoma has been directed by and for the benefit of the energy industry," the letter states.
As Oklahoma's top legal officer, Pruitt has waged numerous legal wars against the EPA and President Obama's environmental regulations, including the president's signature Clean Power Plan. Trump said Pruitt is "highly respected" and will counter the EPA's "anti-energy agenda that has destroyed millions of jobs."
Renewable energy has reached an important milestone. The World Economic Forum (WEF) has determined that in many parts of the world, solar energy is now the same price or even cheaper than fossil fuels for the first time.
In a handbook released this month, the WEF observed how the price of renewable technologies, particularly solar, has declined to unprecedented lows.
While the average global LCOE [levelized cost of electricity] for coal and natural gas is around $100 per megawatt-hour, the price for solar has plummeted from $600 a decade ago to $300 only five years later, and now close to or below $100 for utility-scale photovoltaic. For wind, the LCOE is around $50.
According to the WEF, more than 30 countries have already reached grid parity—even without subsidies. ("Grid parity" is the point when an alternative energy source, say solar, can generate power at a LCOE that's equal or even less than the price of traditional grid power.)
"It is relevant to note that the mentioned evolution, market share gain and continued potential for renewable energy do not hinge on a subsidy advantage," the report added. "In fact, according to [International Energy Agency], fossil-fuel consumption has received $493 billion in subsidies in 2014, more than four times the value of subsidies to renewable energy."
The WEF highlighted how the unsubsidized LCOE for utility-scale solar photovoltaic—which was not competitive even five years ago—has declined at a 20 percent compounded annual rate, "making it not only viable but also more attractive than coal in a wide range of countries."
Countries that have already reached grid parity include Chile, Mexico, Brazil and Australia with many more countries also on the same track. The WEF projects that two thirds of the world will reach grid parity in the next couple of years, and by 2020, solar photovoltaic energy is projected to have a lower LCOE than coal or natural gas-fired generation throughout the world.
"Renewable energy has reached a tipping point," Michael Drexler, who leads infrastructure and development investing at the WEF, told Quartz. "It is not only a commercially viable option, but an outright compelling investment opportunity with long-term, stable, inflation-protected returns."
The report follows a recent analysis from the IEA which revealed that total clean power capacity increased by 153 gigawatts, overtaking coal for the first time. To illustrate, about 500,000 solar panels installed were installed around the world every day.
