Keystone Pipeline Permit Decisions, Environmental Assessments, and Internal Communications (2017-2021)
| Tracking # |
FA-24-0037 |
| Submitted | Jan. 12, 2024 |
| Due | Feb. 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.
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