24 August 4 - 18 , 2017 VOL . 36 • ISS . 17
Did Interior Appointee Bernhardt Keep Lobbying For Westlands Water District ?
On July 20 , a prominent watchdog group called on the U . S . Attorney for the District of Colombia to investigate whether David Bernhardt , President Trump ’ s controversial nominee for Deputy Secretary of the Department of the Interior , violated the Lobbying Disclosure Act by continuing to lobby despite formally withdrawing his registration in November 2016 .
A complaint by the Campaign for Accountability reveals that emails obtained through a California public records request show that Bernhardt continued to promote the interests of the politically powerful Westlands Water District after terminating his lobbying registration to run Trump ’ s Interior transition team .
Westlands , the largest water district in the nation , is one of the fiercest opponents of Sacramento-San Joaquin River and Klamath-Trinity River salmon and steelhead restoration efforts . Westlands diverts water from these river systems through the federal water export pumping facilities to irrigate toxic , drainage impaired land on the west side of the San Joaquin Valley .
In a statement , Campaign for Accountability Executive Director Daniel Stevens said , “ Mr . Bernhardt appears to have continued with business as usual despite terminating his lobbying registration . Sadly , it appears that Mr . Bernhardt is following a long-standing Trump Administration practice of ignoring ethics rules .
D rawing outrage from public trust advocates , the Governor Jerry
Brown administration on July 22 approved flawed environmental documents that clear the path for the construction of the Delta Tunnels .
The announcement followed recent biological opinions issued by the Trump administration claiming that the project , considered by opponents to be potentially the most environmentally destructive public works project in California history , “ meets ” environmental and wildlife protection standards under federal law .
During a press conference call , the California Department of Water Resources announced the certification of the environmental documents for the California Water Fix under the California Environmental Water Quality Act ( CEQA ).
Cindy Messer , Acting Director of the Department of Water Resources , called the certification a “ milestone ” and a “ benchmark ” in the campaign to build the two massive 35 mile long tunnels under the Sacramento-San Joaquin River Delta .
The project would divert Sacramento River water to agribusiness interests , Southern California water agencies and oil companies conducting fracking and other extreme oil extraction methods . Project proponents claim the project will create both water supply reliability and ecosystem protection .
“ Today , we have reached our next important benchmark in moving California towards a more reliable water supply ,” said Messer . “ With this certification , our state is now closer to modernizing our aging water delivery system in a way that improves reliability and protects the environment .”
Messer noted that DWR , the operator of the State Water Project , screened more than 100 different proposals before “ analyzing these 18 alternatives in depth ” in
The U . S . attorney should immediately investigate Mr . Bernhardt ’ s conduct and determine whether he violated lobbying disclosure laws .”
“ In January , Mr . Bernhardt ’ s firm , Brownstein Hyatt Farber Schreck , LLP , filed a lobbying disclosure report that declared Mr . Bernhardt had terminated his lobbying for Westlands Water District on November 18 , 2016 , Thereafter , he began heading the Trump administration ’ s transition team at the Interior Department . Mr . Bernhardt , however , continued to work with Westlands to advance its legislative agenda ,” continued Stevens .
On November 28 , 2016 , Bernhardt sent an e-mail to Tom Birmingham , Westlands Water District ’ s General Manager , and others with his edits on a proposed “ draft executive order ” for then-President-elect Donald Trump . The Executive Order addressed water issues in California .
In early January , Mr . Bernhardt worked closely with Rep . David Valadao ’ s congressional office to introduce a new bill , H . R . 23 , that would benefit Westlands — and cause dramatic harm to salmon , steelhead and other West Coast fish populations , commercial fishing families , the Winnemem Wintu , Hoopa Valley , Yurok , Karuk and other Tribes , and Delta farming , farmworker and environmental justice communities .
Then in February , Brownstein , Hyatt , Farber , Schreck sent Westlands an invoice regarding federal lobbying expenditures that included $ 582.09 worth of services itemized for Mr . Bernhardt ’ s “ Westlands Trip ” between January 31 and February 2 .
Stevens concluded , “ Mr . Bernhardt appears to view the Lobbying Disclosure Act as a mere nuisance that can be ignored when it ’ s convenient . Lobbying disclosure laws exist to give the public confidence that lobbyists are being monitored and held accountable . Given Mr . Bernhardt ’ s flagrant disregard for transparency , the U . S . Attorney should investigate his actions .”
The Center for Biological Diversity joined the Campaign for Accountability in calling for a delay in Bernhardt ’ s confirmation by the Senate until the allegations can be fully investigated . Currently , the vote on his nomination was scheduled at press time .
“ These disturbing revelations should slam the brakes on this confirmation ,” said Noah Greenwald , the Center ’ s endangered species director . “ Bernhardt ’ s close ties to the very industries he ’ d be charged with regulating at Interior are bad enough . But now that it appears he may have violated federal lobbying law , this appointment should be a sunk ship .”
Greenwald emphasized , “ Perhaps no person better exemplifies the revolving door between special interests and the
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By Dan Bacher
Brown Administration Approves Environmental Documents for Delta Tunnels
the 50,000 page environmental impact report under CEQA . She said the combined public comment period on these environmental analyses lasted nearly a year .
She claimed the project was “ refined “ several times to “ shrink its footprint , minimize impacts to Delta landowners , and consider a shift in the regulatory approach under the US Endangered Species Act and California Endangered Species Act .”
Messer also said DWR today filed a “ validation action ” - a lawsuit - with the Sacramento County Superior Court regarding DWR ’ s authority to , among other things , issue revenue bonds to finance the planning , design , construction , and other capital costs of the California Water Fix .
Delta Tunnels opponents weren ’ t surprised that DWR today issued the Notice of Determination ( NOD ) for the California Water Fix — and said they are “ considering all possible legal and political options ” to fight the project . The NOD is available at : http :// www . restorethedelta . org / wp-content / uploads / ssdcopy [ at ] somachlaw . com _ 20170721 _ 123815 . pdf
“ We are not surprised that the Notice of Determination has been issued ,” said Barbara Barrigan-Parrilla , Executive Director of Restore the Delta ( RTD ). “ The Brown Administration will celebrate this document as a type of victory regarding the advancement of CA WaterFix . But it ’ s not . The EIR and the plan for the tunnels are deeply flawed as the project will not create water supply reliability in a world with increased and prolonged droughts , but perhaps up to 75 years of debt to be paid back by water ratepayers as recently proposed by Goldman Sachs representatives .”
“ We , other environmental organizations , and other parties in the Delta are preparing for litigation . We will expand our fight in the court of public opinion . payers from being “ unfairly burdened by this destructive project .”
On June 29 , fishing and environmental groups filed two lawsuits challenging the Trump administration ’ s biological opinions permitting the construction of the controversial Delta Tunnels .
The Golden Gate Salmon Association ( GGSA ), the Natural Resources Defense Council ( NRDC ), Defenders of Wild-
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Trump administration than Bernhardt . Prior to joining Trump ’ s team , Bernhardt worked at the law firm of Brownstein , Hyatt , Farber and Schreck , where he represented mining , Big Oil and agricultural interests .”
From 2001 and 2009 , Bernhardt held several positions within the Department of the Interior , including serving as Solicitor , Interior ’ s third ranking official and chief legal officer , according to the White House .
Bernhardt has been one of the primary lobbyists for H . R . 23 , the “ Gaining Responsibility on Water ( GROW ) Act of 2017 ,” water legislation authored by Congressman David Valadao that is supported by Westlands and other San Joaquin Valley agribusiness interests . The House of Representatives recently approved the newest version of the bill , but faces major hurdles in the Senate , since both California Senators Harris and Feinstein oppose it .
This bill is strongly opposed by the Hoopa Valley Tribe , fishing groups and conservation organizations , since it guts key provisions of the Central Valley Project Improvement Act of 1992 and the San Joaquin River Restoration Settlement Act , two landmark federal laws that aim to restore salmon , steelhead and other anadromous fisheries on the Sacramento and San Joaquin rivers .
We are considering all possible legal and political options to stop the project ,” she stated .
Adam Scow , California Director of Food & Water Watch , said the certification “ is very troubling , though hardly surprising , for Governor Brown to approve of building massive new tunnels that won ’ t fix any of California ’ s water problems .”
“ This project would waste $ 25 to $ 67 billion , with interest , of taxpayer money and devastate the San Francisco Bay ecosystem . It would unfairly burden Southern Californians with higher water bills at a time when we must repair the aging and crumbling pipes under our homes and streets . What ’ s more , the tunnels would mostly benefit corporate agribusinesses that have over-planted water-intensive crops in the desert ,” said Scow .
Scow urged local water districts , including the Los Angeles Department of Water and Power and the Santa Clara Valley Water District , to prevent their ratelife , and the Bay Institute charged theU . S . Fish and Wildlife Service and National Marine Fisheries Service for violating the Endangered Species ( ESA ) a landmark federal law that projects endangered salmon , steelhead , Delta and longfin smelt and other fish species . The lawsuits said the biological opinions are “ arbitrary , capricious , an abuse of discretion .”
Public trust advocates say the California WaterFix project would not only hasten the extinction of Central Valley steelhead , winter and spring-run Chinook salmon , Delta and longfin smelt , green sturgeon and other fish species , but would also imperil the salmon and steelhead populations on the Trinity and Klamath rivers that have been an integral part of the culture , religion and livelihood of the Yurok , Karuk and Hoopa Valley Tribes for over thousands of years .
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