Judge Orders Release of Energy Panel's Files
"After being shut out of the process for nearly a year," she, (Sharon Buccino),
said, "the public will finally get to see if the administration
acted on behalf of the public interest in formulating its
energy plan or for the exclusive benefit of a few industry
friends like Enron and other big energy
companies."
The New York Times
February 28, 2002
By DON VAN NATTA Jr.
WASHINGTON, Feb. 27 - In
a setback to the Bush
administration, a federal judge
has ordered the Energy
Department to release thousands
of documents related to Vice
President Dick Cheney's national
energy task force.
The judge, Gladys Kessler of
Federal District Court here,
ordered the department to turn
over 7,584 pages of records that
the Natural Resources Defense
Council had sought in April
under a Freedom of Information
Act request.
Last week, the General
Accounting Office, the
investigative arm of Congress,
sued Mr. Cheney to force the
White House to release the
names of energy industry
executives who helped the
administration develop a national
energy policy in May.
Although the files will certainly disclose new details about
the activities of the panel, they will most likely include
just part of what the accounting office is seeking in its
suit, the names of all executives who met with the panel,
the dates of meetings and the topics discussed. Energy
Secretary Spencer Abraham was on the panel, and he was
presumably at most of the meetings attended by industry
executives
Judge Kessler chastised the Energy Department for its
"woefully tardy" response to the request for files, saying
the information was "of extraordinary public interest." She
ordered that the papers be turned over by March 25.
The ruling, signed on Thursday and released today, is the
first time that a judge has ordered the administration to
release documents related to the energy panel's work.
"What is even more distressing is that plaintiff was not the
only requester seeking this information," Judge Kessler
wrote. "D.O.E. concedes that it has at least 11 other
similar F.O.I.A. requests seeking access to documents
relating to the work of the Energy Task Force, and it
would appear that none of those other requests have been
responded to."
The New York Times is one of several news
organizations to seek task force records under the act.
Sharon Buccino, a senior lawyer at the Natural Resources
Defense Council, said tonight, "Unfortunately, it took a
court order to force open a door that this administration
fought hard to keep closed."
Ms. Buccino said the group intended to release all the
documents immediately after receiving them.
"After being shut out of the process for nearly a year," she
said, "the public will finally get to see if the administration
acted on behalf of the public interest in formulating its
energy plan or for the exclusive benefit of a few industry
friends like Enron and other big energy
companies."
Congressional investigators are trying to determine
whether executives from corporations that had
contributed to President Bush's campaign in 2000,
including Enron, helped shape energy policy.
Two other groups, Judicial Watch and the Sierra Club,
have also sued to seek documents of the energy panel.
A spokeswoman for the Energy Department, Jeanne
Lopatto, did not return calls tonight. It was unclear
whether the administration would appeal the ruling.
Since the energy policy was released in May, top
administration officials have refused to turn over the
documents. After Enron filed for bankruptcy protection on
Dec. 2, Congressional Democrats and even a few
Republicans called on the administration to release the
names of executives who helped formulate the policy.
Mr. Bush and Mr. Cheney refused, arguing that the
confidentiality of executive branch discussions was worth
fighting for.
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