FOIA and Lawsuits
Complaint for declaratory and injunctive relief
EPI filed a lawsuit in the Eastern District of Tennessee in December 2019 alleging violations of the Freedom of Information Act by the Tennessee Valley Authority. EPI contends that TVA is withholding records related to its membership in the Utility Air Regulatory Group and the Utility Solid Waste Activities Group, which have fought stricter EPA rules on coal pollution.
EPI, CAC, Common Cause v. Eric Koch, Indiana House Republican Caucus
In 2016, attorneys on behalf of EPI, Citizens Action Coalition, and Common Cause Indiana argued in front of the Indiana Supreme Court over the state’s public records law. The three organizations filed a lawsuit in April 2015 after Indiana Rep. Eric Koch chose not to disclose his emails with utility industry lobbyists on three separate occasions. The Indiana Supreme Court concluded that Indiana’s public records law did apply to members of the Indiana General Assembly. However, although this issue was never before the lower court, Rep. Koch and the Indiana House Republican Caucus argued that the state’s public records law exempts General Assembly members’ “work product” from disclosure. The Indiana Supreme Court ruled that the General Assembly can avoid disclosing the emails to the public based on the work product exemption.
Responsive documents obtained by EPI showing industry influence of public officials
EPI obtained communication between an American Electric Power lobbyist, Steve Stewart, and the Chair of the West Virginia Public Service Commission, Charlotte Lane. The email was a message from AEP’s Anthony ‘Tony’ Kavanagh, senior vice president of governmental affairs based in Washington D.C. Kavanagh requested all AEP lobbyists communicate with their state commissions to express concern about a federal moratorium. It was marked “Confidential.” Days later, Lane sent letters to the West Virginia Congressional delegation that requested them to “reject” the proposals for a federal moratorium on utility shutoffs.
EPI obtained text messages between Arizona Corporation Commissioner Andy Tobin and lobbyists for Arizona Public Service reveal a close relationship.
EPI’s FOIAs to the EPA revealed Assistant Administrator Bill Wehrum’s December 2017 presentation to his former client the Utility Air Regulatory Group, whose membership list features coal-burning electric utilities.
EPI obtained July 2019 emails between the American Coalition for Clean Coal Electricity (ACCCE) and West Virginia public service commissioners revealing a campaign orchestrated by the coal-lobby group to support the Trump administration’s coal plant bailout proposal.
EPI obtained 2017 emails between FirstEnergy executives, Murray Energy’s Robert Murray, and Department of Energy officials that revealed language and suggested action plans that found their way into various iterations of DOE proposals aimed at bailing out uneconomic coal plants and nuclear plants.