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DeSmogBlog

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.

President Obama with lawyer Robert Bauer, far right.

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.

Obama attorney Bob Bauer and wife Anita Dunn

"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."

Visit EcoWatch’s PIPELINES and KEYSTONE XL pages for more related news on this topic.

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Greenpeace

By Connor Gibson

Greenpeace activists from Canada, the U.S. and France placed a giant banner reading "Tar Sands: Climate Crime" blocking the giant tar sands mining operation at the Shell Albian Sands outside of Fort McMurray, Alberta, Canada onTuesday, September 15, 2009.

The U.S. government doesn’t know exactly where TransCanada wants to lay pipe for the northern section of its Keystone XL tar sands pipeline, according to the results of a 14-month Freedom Of Information Act (FOIA) request to the U.S. State Department. In its final answer to a FOIA request by Thomas Bachand of the Keystone Mapping Project, the State Department admitted:

Neither Cardno ENTRIX nor TransCanada ever submitted GIS information to the Department of State, nor was either corporation required to do so. The information that you request, if it exists, is therefore neither physically nor constructively under the control of the Department of State and we are therefore unable to comply with your FOIA request.

Yes, you read that right. The U.S. State Department published its draft Supplemental Environmental Impact Statement (SEIS)—supposedly an official account of the potential hazards of TransCanada’s proposed pipeline on U.S. waterways, wildlife and other major considerations like global climate change—without knowing exactly where TransCanada wants to dig. 

Ongoing Conflicts of Interest in State Department Environmental Assessments

The State Department is already facing legitimate criticism for contracting companies with ties to TransCanada and other oil companies for its environmental impact estimates, which the U.S. Environmental Protection Agency has slammed for being “insufficient.” State looked no further than oil industry contractors to run the draft SEIS—companies like Cardno ENTRIX, which calls TransCanada a “major client,” and ERM Resources, a dues paying member of the American Petroleum Institute which is being investigated by the State Department’s Inspector General for trying to hide its prior consulting for fossil fuel giants like ExxonMobil, BP and Shell. In fact, TransCanada chose ERM Resources to do the Keystone XL SEIS review for the State Department, and one of ERM’s people working on the review was formerly employed by TransCanada. 

TransCanada has stacked the deck, wagering American waterways and private property against the promise to profit from continued extraction of dirty tar sands petroleum.

Tar Sands Pipelines Spill

The potential is too high for Keystone XL to leak just like TransCanada’s existing Keystone I pipeline has repeatedly done, or rupture like ExxonMobil’s Pegasus tar sands pipeline in Mayflower, AK, earlier this year, or Enbridge’s tar sands pipeline spill in the Kalamazoo River in Michigan. The southern leg of Keystone XL is already under construction, and the if the cracks, dents and other faults in the "new" pipe are any indication, pollution from oil spills looks inevitable. Beyond being a disaster waiting to happen, Keystone XL guarantees the continued disaster that is tar sands mining, a process that has already poisoned entire regions—and peoples’ communities—in northern Alberta, Canada.

With President Obama's recently unveiled Climate Action Plan, it would be a limp gesture to approve the Keystone XL pipeline. You'd think with the State Department having its environmental analysis run by oil industry consultants, they'd listen to the oil industry's own guarantees that Keystone XL would increase demand for tar sands mining. That's bad news for our climate—something the State Department cannot ignore if they do a reasonable review of the "unprecedented" amount of public comments on its draft SEIS on Keystone XL.

What remains to be seen is if the State Department will be reasonable in the last leg of its review, or if it will continue letting TransCanada and Big Oil control the process to the bitter end.

Visit EcoWatch’s KEYSTONE XL page for more related news on this topic.

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SHARE YOUR THOUGHTS BELOW: How would the U.S. State Department be able to demonstrate its transparent independence in conducting a new environmental review given this information? Or could it?

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