David Bernhardt - Army Corps

Alexander Rony filed this request with the U.S. Army Corps of Engineers of the United States of America.
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Communications

From: Alexander Rony

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request records of communications with David Bernhardt of Brownstein Hyatt Farber and Schreck LLP from 2011 through 2015. Please include letters and meeting summaries as well as emails involving dbernhardt@bhfs.com. This request should be limited to D.C. headquarters staff in the Environmental, Logistics, or Regulatory (Permits) offices who worked on the Rosemont Copper Mine.

I respectfully request that you waive all fees in connection with this request as provided by 5 U.S.C. ยง 552(a)(4)(A)(iii). The Sierra Club is a national environmental nonprofit with no commercial interest in obtaining the requested information. Instead, our organization intends to analyze and disseminate the requested information free of charge so that the public can be better informed and meaningfully participate in the debate over our nation's natural resources.

The subject matter of the requested records is likely to contribute significantly to public understanding of the operations and activities of the government by demonstrating the likely views and conflicts of interest of an individual who has been nominated to be the second-in-command at the department.

The Sierra Club and its supporters have demonstrated interest and expertise in the subject area, specifically the development of policies designed to protect public lands and waters and responsible manage mineral resources. Our supporters have filed millions of public comments to agencies related to these issues.

The Sierra Club also has the ability and intention to disseminate the information it receives through this request. The information may be shared through emails to an audience of hundreds of thousands of people, Facebook and Twitter posts reaching thousands of individuals, articles on our website, and analysis provided to the media.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Alexander Rony
Sierra Club

From: Smith, Mary A CIV USARMY CEHEC (US)

Dear Mr. Rony:

This is to acknowledge receipt of your Freedom of Information Act (FOIA) request
for records of communications with David Bernhardt of Brownstein Hyatt Farber
and Schreck LLP from 2011 through 2015. Your request has been assigned tracking
number FP-17-018052.

Please be advised this office is not a repository for documents. Therefore, we must
determine where the information you have requested would be located and request
a document search be conducted by the relevant records custodians.

Best regards,

Mary Alice Smith
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: Smith, Mary A CIV USARMY CEHEC (US)

Dear Mr. Rony,

Please see the attached in response to your FOIA request.

Best regards,

Mary Alice Smith
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.

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