Keystone Pipeline Permit Decisions, Environmental Assessments, and Communications (2017-2021)

Date: January 12th, 2024

U.S. Department of Energy
Office of FOIA Services
1000 Independence Ave., SW
Washington, DC 20585

Subject: FOIA Request - Keystone Pipeline Permit Decisions, Environmental Assessments, Internal Communications (2017-2021)

Dear Office of FOIA Services,

Pursuant to the Freedom of Information Act (5 U.S. Code § 552), I, Jordan Lassiter, request access to and copies of records from the U.S. Department of Energy related to the Keystone Pipeline permit during President Donald Trump's administration (January 20, 2017, to January 20, 2021). This request specifically targets decision-making processes, environmental assessments, policy implications, internal communications, and interactions with TC Energy or its affiliates.

Specific Areas of Inquiry:

Communication with TC Energy and Affiliates (2017-2021):

Records of communication between the Department of Energy and TC Energy or its affiliates regarding the Keystone Pipeline permit.
Documentation of meetings, correspondences, or negotiations involving TC Energy representatives and Department officials.
High-Level Decision Making Involving Key Personnel (2017-2021):

Communications, including internal emails and memos, involving President Trump, Secretary of Energy Dan Brouillette, and other key officials regarding the Keystone Pipeline permit.
Records of meetings and discussions about the Keystone Pipeline, highlighting the involvement of Secretary Brouillette and other key officials.
Environmental Impact and Concerns (2017-2021):

Environmental impact reports, particularly those expressing significant risks or concerns.
Internal discussions, emails, or memos indicating the overriding of environmental concerns for political or economic considerations.
External Influence and Lobbying (2017-2021):

Records of lobbying efforts by external entities in favor of the Keystone Pipeline.
Evidence of influence on decision-making processes by these entities, including internal correspondence.
Legal Citations and Compliance:

Department of Justice v. Tax Analysts, 492 U.S. 136, 142 (1989)
Environmental Protection Agency v. Mink, 410 U.S. 73 (1973)
Favish v. National Archives and Records Administration, 541 U.S. 157 (2004)
American Civil Liberties Union v. Department of Justice, 655 F.3d 1 (D.C. Cir. 2011)
Fees and Waiver Request:
Enclosed is a Fee Waiver Request Form. I request a waiver of all fees as the information requested is intended for public dissemination and not for commercial use, per 5 U.S.C. § 552(a)(4)(A)(iii).

Response Timeframe and Legal Implications:
A response is expected within the statutory 20-day period as outlined in FOIA. Non-compliance or undue delay may result in legal action to enforce compliance with FOIA regulations.

Record Keeping for Legal Purposes:
Please assign a unique identifier to this FOIA request and reference it in all related correspondence for accurate record-keeping and potential legal proceedings.

Thank you for your attention to this important matter. I await your prompt and comprehensive response.

Sincerely,

Jordan Lassiter

Enclosure: Fee Waiver Request Form

Good afternoon Ms. Fletcher,

Thank you for your update regarding the FOIA request I submitted to the Department of Energy on January 17, 2024. While I appreciate the department's efforts in processing this request, I must address the proposition to consider my request "voluntarily withdrawn" if I do not respond within 5 business days.

This approach conflicts with established FOIA guidelines and judicial precedents that outline agency responsibilities. Notably, the Department of Justice’s Guide to the Freedom of Information Act underscores that an agency is required to process requests promptly according to their receipt and the nature of the request, without imposing additional conditions on the requester.

Moreover, case law supports the principle that agencies must adhere to statutory deadlines and may not unilaterally impose conditions that could obstruct the processing of requests. In **National Security Archive v. Archivist of the United States**, 909 F.2d 541, 546 (D.C. Cir. 1990), the court held that agencies must act in good faith to comply with the timeliness of FOIA processing, reinforcing the obligation to respond irrespective of external communications.

Additionally, in **American Civil Liberties Union v. Department of Justice**, 321 F. Supp. 2d 24 (D.D.C. 2004), the court emphasized that an agency must demonstrate compelling reasons to justify any delay or proposed termination of a FOIA request processing, which extends to ensuring that any administrative closures are not arbitrarily applied against the interest of the requester.

Given these precedents, I confirm that my interest in the responsive documents remains unabated and request that the Department continue to process my FOIA request as mandated by law. Please proceed with the processing and let me know of any potential fees that might be associated with fulfilling this request.

I look forward to your prompt and complete response as required under FOIA.

Thank you for your cooperation.

Sincerely,
Jordan