Keystone Pipeline Permit Decisions, Environmental Assessments, and Internal Communications (2017-2021)
| Tracking # |
FP-24-008332 / FA-24-0037 Lassiter FP-24-008332/FA-24-0037 FP-24-008332/FA-24-0037 FOIA FA-24-0037 FA-24-0037 |
| Submitted | Jan. 12, 2024 |
| Est. Completion | None |
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Communications
From: Jordan Lassiter
Date: January 12th ,2024
Via Email and Certified Mail:
Headquarters, U.S. Army Corps of Engineers
441 G Street NW
Washington, DC 20314-1000
Subject: FOIA Request - Keystone Pipeline Permit Decisions, Environmental Assessments, and Internal Communications (2017-2021)
Dear U.S. Army Corps of Engineers,
I am submitting this request under the Freedom of Information Act (5 U.S. Code § 552) for access to and copies of records from the U.S. Army Corps of Engineers pertaining to the Keystone Pipeline permit. This request specifically targets decision-making processes, environmental assessments, policy implications, internal communications, and interactions with TC Energy or its affiliates during President Donald Trump's administration (January 20, 2017, to January 20, 2021).
Specific Areas of Inquiry:
Permit Processing and Decision Making (2017-2021):
Documentation detailing the processing, review, and decisions regarding the Keystone Pipeline permit.
Communications involving Corps officials and senior administration figures, particularly focusing on the involvement of Secretary of Energy Dan Brouillette.
Environmental Assessments and Impact Reports (2017-2021):
Environmental impact studies and assessments conducted or reviewed by the Corps regarding the Keystone Pipeline.
Internal discussions, memos, or reports addressing environmental concerns or risks.
Internal Communications (2017-2021):
Internal emails, memos, and communications within the Corps regarding the Keystone Pipeline project.
Discussions and correspondence that provide insight into the internal perspectives and debates about the project.
Communications with TC Energy and Affiliates (2017-2021):
Records of communications between the Corps and TC Energy or its affiliates.
Documentation of any meetings or negotiations involving TC Energy representatives.
External Influence and Lobbying (2017-2021):
Records detailing lobbying efforts or attempts to influence the Corps regarding the Keystone Pipeline permit.
Evidence of external entities' influence on the Corps' decision-making processes.
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, requesting a waiver of all fees as this information is intended for public dissemination, 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 mandated by FOIA. Non-compliance or undue delay may result in legal action to enforce FOIA compliance.
Record Keeping for Legal Purposes:
Please assign a unique identifier to this FOIA request and reference it in all related correspondence.
Your prompt and thorough attention to this request is greatly appreciated. I look forward to your comprehensive response.
Sincerely,
Jordan Lassiter
Enclosure: Fee Waiver Request Form
From: U.S. Army Corps of Engineers
Dear Mr. Lassiter,
Thank you for your FOIA request dated January 16, 2024. We will be back in touch with a formal acknowledgement, and will provide you with a FOIA tracking number at that time.
Best regards,
Mary Alice Smith
Paralegal Specialist
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
703-428-8160 (office)
703-428-7221 (fax)
Mary.A.Smith@usace.army.mil
THIS IS A PRIVILEGED COMMUNICATION -ATTORNEY-CLIENT/ATTORNEY WORK-PRODUCT. DO NOT RELEASE UNDER FOIA.
NOTICE: This email and any attachments constitute non-public information and may contain legally privileged and confidential information intended solely for the use of the addressee(s). If you are not the intended recipient, any reading, dissemination, distribution, copying or other use of this email, including attachments, is prohibited and may be unlawful. If you have received this message in error, please delete it, including all copies and backups, and notify me immediately by telephone at (703) 428‑8160 or by email at Mary.A.Smith@usace.army.mil. Thank you.
From: U.S. Army Corps of Engineers
Dear Mr. Lassiter,
Your Freedom of Information Act (FOIA) request dated January 16, 2023 (copy included here for your convenience) was received in this office by email on January 16, 2023.
The request is appropriately processed by our Omaha District and is referred to them with this email. Should you wish to contact the processing office, the contact information is:
CENWO-OC
1616 Capitol Avenue
Omaha, NE 68102-4901
foia-nwo@usace.army.mil<mailto:foia-nwo@usace.army.mil?subject=FOIA>
Phone: 402-995-2603
Fax: 402-995-2614
Best regards,
Mary Alice Smith
Paralegal Specialist
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
703-428-8160 (office)
703-428-7221 (fax)
Mary.A.Smith@usace.army.mil<mailto:Mary.A.Smith@usace.army.mil>
THIS IS A PRIVILEGED COMMUNICATION -ATTORNEY-CLIENT/ATTORNEY WORK-PRODUCT. DO NOT RELEASE UNDER FOIA.
NOTICE: This email and any attachments constitute non-public information and may contain legally privileged and confidential information intended solely for the use of the addressee(s). If you are not the intended recipient, any reading, dissemination, distribution, copying or other use of this email, including attachments, is prohibited and may be unlawful. If you have received this message in error, please delete it, including all copies and backups, and notify me immediately by telephone at (703) 428‑8160 or by email at Mary.A.Smith@usace.army.mil<mailto:Mary.A.Smith@usace.army.mil>. Thank you.
From: U.S. Army Corps of Engineers
Mr. Lassiter,
This will acknowledge receipt of your FOIA request dated January 16, 2024 by the US Army Corps of Engineers, Omaha District (Agency). The agency tracking number is FA-24-0037. Under the FOIA, your request is in the “educational/news media” fee category. This category grants the requester the first 100 duplicated pages, along with search and review time, free of charge. Thereafter you would be responsible for duplication costs associated with the processing of your request (duplication costs include time spent converting electronic files to non-editable format). However, the fee waiver that you filed has been accepted and as such you will not be charged any fees for the processing of your request.
Due to the current coronavirus pandemic, the Omaha District is experiencing delays in our ability to process FOIA requests. Because our office currently has a backlog of requests, your request will be placed on a calendar/tracking system behind others received before it, and each is processed in the order it was received. Should you have any questions please feel free to contact me.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
U.S. Army Corps of Engineers, Omaha District
(402) 995-2603
nicole.m.day@usace.army.mil<mailto:nicole.m.day@usace.army.mil>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Army Corps of Engineers
Mr. Lassiter,
There are 28 requests ahead of yours in the queue. Request No. FA-24-0037 will be processed in the order in which it was received.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
U.S. Army Corps of Engineers, Omaha District
(402) 995-2603
nicole.m.day@usace.army.mil<mailto:nicole.m.day@usace.army.mil>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Army Corps of Engineers
To Whom it May Concern:
I believe Mr. Lassiter filed FOIA request FA-24-0037.
Due to the volume of information that was requested regarding the Keystone Pipeline project and the timeline of the project (2017-2021) there are some additional complications above the Omaha District’s current backlog of FOIA requests. Some of the responsive information is from retired employees and has been archived. In order to provide that information in a format that you will be able to open, the U.S. Army Corps of Engineers Cyber Forensics unit will need to convert the files. The ticket has been filed, but it is awaiting an Action Officer who can discuss the timeframe for their response with me.
The remaining responsive files have been searched for and the legal review process is commencing.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
U.S. Army Corps of Engineers, Omaha District
(402) 995-2603
nicole.m.day@usace.army.mil<mailto:nicole.m.day@usace.army.mil>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Army Corps of Engineers
Good Morning,
The request for a large volume of information on the Keystone XL Pipeline process is in the legal review phase. In the future, when you inquire about the request please reference the requesters last name.
Thank you,
Nicole Day
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Army Corps of Engineers
To Whom it May Concern:
The Review for information requested under FOIA FA-24-0037 filed by Jordan Lassiter on behalf of Muckrock News is ongoing.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
U.S. Army Corps of Engineers, Omaha District
(402) 995-2603
nicole.m.day@usace.army.mil<mailto:nicole.m.day@usace.army.mil>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FOIA FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Army Corps of Engineers
To Whom it May Concern,
The legal review is approximately 75% complete.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
U.S. Army Corps of Engineers, Omaha District
(402) 995-2603
nicole.m.day@usace.army.mil<mailto:nicole.m.day@usace.army.mil>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FOIA FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #FOIA FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Army Corps of Engineers
To Whom It May Concern:
For future status updates please refer to request Lassiter FP-24-008332/FA-24-0037. Failure to do so will result in a non-response.
I am unable to provide an estimated completion date at this time for the following reasons:
1. The volume of the records requested; and
2. The need to consult with another Office to determine the ability to release or withhold sensitive records included within the responsive materials.
If you wish to encourage the process, you may consider narrowing the request or providing clarification on what information within the large volume of records requested that are of the most importance to you. In order to assist you in doing so, a copy of the original request, filed by Jordan Lassiter is attached.
Please note that the request for a fee waiver is considered null as the request falls under the “educational/news media” fee category which provides search and review time free of charge.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
U.S. Army Corps of Engineers, Omaha District
(402) 995-2603
nicole.m.day@usace.army.mil<mailto:nicole.m.day@usace.army.mil>
-
attachment-1
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 16, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #Lassiter FP-24-008332/FA-24-0037.
Thanks for your help, and let me know if further clarification is needed.
From: U.S. Army Corps of Engineers
To Whom it May Concern:
Your request is being processed. For more information please schedule a phone conversation with me to discuss prioritizing interim releases, provide clarification, or perhaps even narrow your requests.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
U.S. Army Corps of Engineers, Omaha District
(402) 995-2603
nicole.m.day@usace.army.mil<mailto:nicole.m.day@usace.army.mil>
From: U.S. Army Corps of Engineers
Good afternoon,
The U.S. Army Corps of Engineers, Omaha District (Agency) has prepared a 1st Interim release of documents in response to your Freedom of Information Act Request filed dated January 16, 2024. This first set of documents contains the majority of the responsive information. A second set that requires more complicated document processing will be forthcoming. Due to the volume of the information being sent today, the files are being sent via an electronic file transfer site. You will receive separate correspondence from the DoD SAFE with instructions and a passcode when the files are ready to download. Please contact me directly to resolve any issues downloading the files.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
U.S. Army Corps of Engineers, Omaha District
(402) 995-2603
nicole.m.day@usace.army.mil<mailto:nicole.m.day@usace.army.mil>
From: U.S. Army Corps of Engineers
*** DO NOT FORWARD ***
This is an automated message sent to you by the DoD SAFE service.
DAY.NICOLE.MOORE <nicole.m.day@usace.army.mil> has dropped off 5 files for you.
IF YOU TRUST THE SENDER and are expecting to receive a file from them, you may choose to retrieve the drop-off by clicking the following link (or copying and pasting it into your web browser):
https://safe.apps.mil/pickup.php?claimID=55gcHKNijpcYRZmn&recipCode=ryhr5Y
You will be required to enter the claim passcode, which is:
kzPQeYv74DiaKppF
You have 7 days to retrieve the drop-off; after that the link above will expire. If you wish to contact the sender, just reply to this email.
The sender has left you a note:
FA-24-0037 / FP-24-008332 - 1st Interim Release
Full information about the drop-off:
Claim ID: 55gcHKNijpcYRZmn
Recipient Code: ryhr5Y
Claim Passcode: kzPQeYv74DiaKppF
Drop-off Submitted: 2025-03-03 23:16:32 UTC
Drop-off Completed: 2025-03-03 23:18:45 UTC
-- Sender --
Name: DAY.NICOLE.MOORE
Organization: USARMY
Email Address: nicole.m.day@usace.army.mil
-- Files --
Name: Keystone XL - Release I.zip
Description: Releasing Docs I
Size: 552205875
SHA-256 Checksum: FDCFA3F16DDB6522FD1F04239D7D62EBC30599774E7A3DCE95410C035FCEC30D
Content Type: application/x-zip-compressed
Name: +Keystone XL Working Documents.zip
Description: Releasing Docs II
Size: 2176852503
SHA-256 Checksum: 35755DA613CC1A66BE0A224175153710697AE4F3C146BB5E7E244A8206569DA0
Content Type: application/x-zip-compressed
Name: Keystone XL Administrative Record - Part I.zip
Description: Releasing Docs III
Size: 42213025
SHA-256 Checksum: 181B5C80AA3849FC5D7A5AF7BF701FF22D0DA3CB99A9F34CAA4AD83A96CB3ED5
Content Type: application/x-zip-compressed
Name: Lassiter 1st Interim Release_03032025.pdf
Description: Release Letter
Size: 251308
SHA-256 Checksum: 4F64A7C9582E384AD0E3794527BB748C83DACC2119DED3D86923940B16AA2DCD
Content Type: application/pdf
Name: Lassiter Index 1st Interim Release.xlsx
Description: Release Index
Size: 101252
SHA-256 Checksum: F36443D84CC0DE21B031C6B15F1A0A1A9389EA314076E74F1EC7512D21C2DA0B
Content Type: application/vnd.openxmlformats-officedocument.spreadsheetml.sheet
NOTICE: This e-mail message is intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately.
Thank you.
