Obama’s Big Keystone XL Scandal


DeSmogBlog investigation reveals that Robert Bauer, former White House Counsel and President Barack Obama’s personal attorney, works at the corporate law firm Perkins Coie LLP, which does legal work for TransCanada’s South Central 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 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 (SEIS) 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 (API), which has spent over $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 USC § 1001, making a “materially false, fictitious, or fraudulent statement or representation…[to the] executive, legislative, or judicial branch of the Government of the United States” 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 reelection 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, former Obama Communications Director, 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 (AAR). 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,” FOE’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 AK 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.

map on the original Alaska Gas Pipeline Project website depicts the route:

“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 (EPA) 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.

AK DNR 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 KazakhstanAzerbaijanTurkeyNorway, the United Arab EmiratesPakistanTurkmenistan 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 Bob Bauer’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.”

Steve Horn is a Madison, WI-based freelance investigative journalist and Research Fellow at DeSmogBlog, where this piece originally appeared.

Steve Horn is a Madison, WI-based freelance investigative journalist and Research Fellow at DeSmogBlog, where this piece first appeared.

October 06, 2015
Vijay Prashad
Afghanistan, the Terrible War: Money for Nothing
Mike Whitney
How Putin will Win in Syria
Paul Street
Yes, There is an Imperialist Ruling Class
Paul Craig Roberts
American Vice
Kathy Kelly
Bombing Hospitals: 22 People Killed by US Airstrike on Doctors Without Borders Hospital in Kunduz, Afghanistan
Ron Jacobs
Patti Smith and the Beauty of Memory
David Macaray
Coal Executive Finally Brought Up on Criminal Charges
Norman Pollack
Cold War Rhetoric: The Kept Intelligentsia
Cecil Brown
The Firing This Time: School Shootings and James Baldwin’s Final Message
Roger Annis
The Canadian Election and the Global Climate Crisis
W. T. Whitney
Why is the US Government Persecuting IFCO/Pastors for Peace Humanitarian Organization?
Jesse Jackson
Alabama’s New Jim Crow Far From Subtle
Joe Ramsey
After Umpqua: Does America Have a Gun Problem….or a Dying Capitalist Empire Problem?
Murray Dobbin
Rise Up, Precariat! Cheap Labour is Over
October 05, 2015
Michael Hudson
Parasites in the Body Economic: the Disasters of Neoliberalism
Patrick Cockburn
Why We Should Welcome Russia’s Entry Into Syrian War
Kristine Mattis
GMO Propaganda and the Sociology of Science
Heidi Morrison
Well-Intentioned Islamophobia
Ralph Nader
Monsanto and Its Promoters vs. Freedom of Information
Arturo Desimone
Retro-Colonialism: the Exportation of Austerity as War By Other Means
Robert M. Nelson
Noted Argentine Chemist Warns of Climate Disaster
Matt Peppe
Misrepresentation of the Colombian Conflict
Barbara Dorris
Pope Sympathizes More with Bishops, Less with Victims
Clancy Sigal
I’m Not a Scientologist, But I Wish TV Shrinks Would Just Shut Up
Chris Zinda
Get Outta’ Dodge: the State of the Constitution Down in Dixie
Eileen Applebaum
Family and Medical Leave Insurance, Not Tax Credits, Will Help Families
Pierre-Damien Mvuyekure
“Boxing on Paper” for the Nation of Islam, Black Nationalism, and the Black Athlete: a Review of “The Complete Muhammad Ali” by Ishmael Reed
Lawrence Ware
Michael Vick and the Hypocrisy of NFL Fans
Gary Corseri - Charles Orloski
Poets’ Talk: Pope Francis, Masilo, Marc Beaudin, et. al.
Weekend Edition
October 2-4, 2015
Henry Giroux
Murder, USA: Why Politicians Have Blood on Their Hands
Mike Whitney
Putin’s Lightning War in Syria
Jennifer Loewenstein
Heading Toward a Collision: Syria, Saudi Arabia and Regional Proxy Wars
John Pilger
Wikileaks vs. the Empire: the Revolutionary Act of Telling the Truth
Gary Leupp
A Useful Prep-Sheet on Syria for Media Propagandists
Jeffrey St. Clair
Pesticides, Neoliberalism and the Politics of Acceptable Death
Lawrence Ware – Paul Buhle
Insurrectional Black Power: CLR James on Race and Class
Joshua Frank
The Need to Oppose All Foreign Intervention in Syria
Oliver Tickell
Jeremy Corbyn’s Heroic Refusal to be a Nuclear Mass Murderer
Helen Yaffe
Che’s Economist: Remembering Jorge Risquet
Mark Hand
‘Rape Rooms’: How West Virginia Women Paid Off Coal Company Debts
Michael Welton
Junior Partner of Empire: Why Canada’s Foreign Policy Isn’t What You Think
Yves Engler
War Crimes in the Dark: Inside Canada’s Special Forces
Arno J. Mayer
Israel: the Wages of Hubris and Violence
W. T. Whitney
Cuban Government Describes Devastating Effects of U. S. Economic Blockade
Brian Cloughley
The US-NATO Alliance Destroyed Libya, Where Next?