[env-trinity] Senate confirms David Bernhardt, controversial Trump pick, for No. 2 post at Interior

[Tom Stokely]

Senate confirms David Bernhardt, controversial Trump pick, for No. 2 post
at Interior
<http://www.latimes.com/local/lanow/la-me-bernhardt-vote-20170724-story.html>



Senate confirms David Bernhardt, controversial Trump pick, for No. 2 post
a...
By Bettina Boxall
The Senate Monday confirmed David Bernhardt as deputy secretary of the
Interior Department despite concerns that...
<http://www.latimes.com/local/lanow/la-me-bernhardt-vote-20170724-story.html>

Senate confirms David Bernhardt, controversial Trump pick, for No. 2 post
at Interior
Bettina Boxall
<http://www.latimes.com/la-bio-bettina-boxall-staff.html#nt=byline>Contact
Reporter
<bettina.boxall at latimes.com?subject=Regarding:%20%22Senate%20confirms%20David%20Bernhardt,%20controversial%20Trump%20pick,%20for%20No.%202%20post%20at%20Interior%22>
The Senate
<http://www.latimes.com/topic/politics-government/government/u.s.-senate-ORGOV0000134-topic.html>
 on Monday confirmed David Bernhardt, who has a history of lobbying for
oil, mining and western water interests, as deputy secretary of the
Interior Department.
Both of California’s Democratic senators, Dianne Feinstein and Kamala Harris
<http://www.latimes.com/topic/politics-government/government/kamala-harris-PEPLT00008198-topic.html>,
voted against his appointment — which was approved, 53 to 43, with little
discussion.
As the No. 2 official, Bernhardt will oversee an Interior Department that
has dealings with clients who have paid his law firm millions of dollars in
legal and lobbying fees, including two major players in California water:
Westlands Water District, the nation’s largest irrigation district, and
Cadiz Inc., a company that wants to pump Mojave Desert groundwater and sell
it to Southern California cities.
Bernhardt terminated his federal registration as a Westlands lobbyist late
last year, after then President-elect Trump nominated him for the deputy
secretary position. But Bernhardt has continued to work for the water
district, according to documents obtained through California Public Records
Act
<http://www.latimes.com/topic/crime-law-justice/laws-legislation/california-public-records-act-EVGAP00047-topic.html>
 requests.
Westslands emails released by Patricia Schifferle of the environmental
group Pacific Advocates show that since November, he has drafted letters
for the water district, as well as reviewed a draft executive order and the
text of federal water legislation that Westlands supports.
Bernhardt’s firm, Brownstein Hyatt Farber Schreck, also billed Westlands
for a trip he took from Washington to Sacramento last winter.
In a May 1 letter to Interior’s ethics officer, Bernhardt wrote that if
confirmed he would “withdraw” from his law firm partnership. He said he
would recuse himself from client-related matters before the department for
one year — “unless I am first authorized to” participate in them.
And at a Senate committee hearing in May, Bernhardt testified: “If I get a
whiff of something coming my way that involves a client or a former client
for my firm, I’m going to make that item run straight to the ethics office.
And when it gets there, they’ll make whatever decision they’re going to
make.”
But given Brownstein Hyatt’s extensive list of clients involved in natural
resource matters overseen by Interior, environmentalists argue it is likely
Bernhardt will get administration waivers to participate in decisions
affecting former clients.
Westlands repeatedly has attacked endangered species protections,
administered by the Interior department, that restrict water deliveries.
Bernhardt’s firm has represented Westlands in four lawsuits against the
agency, and he personally argued one appeals case challenging salmon
protections.
Bernhardt personally lobbied Congress and the department on behalf of
Westlands from 2011 through late 2016, during which time the district paid
his firm $1.385 million in fees.
Cadiz has paid Brownstein Hyatt $2.75 million in lobbying fees and granted
the firm 200,000 shares of stock — with a promise of more as plans progress
for the company’s potentially lucrative groundwater project.
Those plans got a boost in March, when an acting assistant director of the
U.S. Bureau of Land Management revoked two legal guidances that underpinned
the bureau’s 2015 decision that Cadiz
<http://news.latimes.com/bin/latimes.pl?state=ijbg96.1.1&f=doc&p_u_all=#h5>
could
not use an existing federal railroad right-of-way for a new water pipeline.
The 2015 decision, which is now under review by the department Bernhardt
will help manage, has been a huge obstacle to the Cadiz project.
Monday’s confirmation marks the second time Bernhardt will have moved from
Brownstein Hyatt to Interior. He left the firm in 2001 for a series of
posts under President George W. Bush, rising to the position of solicitor,
the department’s top lawyer. He rejoined the law firm after President Obama
was elected.
The Brownstein Hyatt website, along with Bernhardt’s ethics filings, show
that he and the firm have performed legal services or lobbied for clients
that have dealings with virtually every branch of Interior.
They include Cobalt International Energy, which holds major oil and gas
leases in the Gulf of Mexico; Rosemont Copper Co., which wants to develop a
large open-pit mine in Arizona; the Navajo Nation, which has been involved
in water rights settlements; and the Independent Petroleum Assn. of
America, which represents oil and gas producers.
In a statement Monday, Interior Secretary Ryan Zinke said: “Finally, after
months of waiting for confirmation in the Senate, I’m excited to welcome
David Bernhardt back to the department.
“David’s extensive experience serving under previous Interior secretaries,
his esteemed legal career, and down-right love of our land and resources is
exactly what is needed to help streamline government and make the Interior
and our public lands work for the American economy.”
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