A New Boundary Waters FOIA Request

On Tuesday of last week, the Washington, DC-based organization American Oversight filed a Freedom of Information Act request regarding the decision to renew Twin Metals Minnesota’s leases in Superior National Forest, on the edge of the Boundary Waters.

This March 5th request is much broader in scope than the FOIA request I made back in January of 2017, which has so far yielded about five-thousand pages in documents, with more still to come. Slowly but surely, a picture is coming into focus. American Oversight’s question about “outside influence” can already be answered with an unequivocal yes:

Nonetheless, this new request promises to deepen our understanding of how Interior went about reversing Obama era protections for the Boundary Waters, at whose direction they did so, and why the matter appears to have been a priority for the incoming administration.

Three things intrigue me about American Oversight’s request.

First, it extends from January 20th, 2017 to the present. My request for documents from the Office of the Solicitor runs only to December of 2017, when the Jorjani decision was released. So the new request will take us up to the present, and include actions taken by Interior and USDA in 2018.

Second, American Oversight has asked for any communications on this matter from Jared Kushner and Ivanka Trump, from their official White House accounts and from their personal ijkfamily.com email domain, and from anyone using their personal email domain. This will help clarify the role Kushner, Trump, and the Trump White House might have played in the Boundary Waters reversal, and what connections, if any, we can draw between their rental of the Luksic-owned Kalorama mansion and the renewal of Antofagasta’s mineral leases. That may involve a foreign emolument. This aspect of the new request also promises to inform a broader American Oversight investigation into Jared and Ivanka’s roles in the administration.

Third, and perhaps most intriguing of all, American Oversight’s request zeroes in on an April 28, 2017 meeting with Wilmer Hale’s Rob Lehman at the Department of the Interior. I added this meeting to the Twin Metals timeline after discovering it on the calendar of Chief of Staff Scott Hommel (which American Oversight obtained back in June of 2018).

A look at the timeline shows that this was an especially busy period for Interior officials working on — or should I say with? — Twin Metals: on April 27th, in preparation for a meeting between Deputy Secretary James Cason and Antofagasta CEO Ivan Arriagada, Raya Treiser of Wilmer Hale forwards some background materials. Among them, the Waxman letter to Solicitor Hillary Tompkins that Interior would use as a blueprint. The very next day, Lehman comes to meet with Kathleen Benedetto, an 11AM meeting. Who else was in the room? We don’t know. We do know that right after that meeting Benedetto briefed her colleagues at the Office of the Solicitor. The purpose of the Benedetto briefing, according to Associate Solicitor Karen Hawbecker, was “to get some feedback from [Benedetto] on the options we’ve identified for reversing action on the Twin Metals decision.”

So by late April, the course appears already set. The options on the table were all for “reversing”; and as if to seal the deal, one week later, Antofagasta CEO Ivan Arriagada and his entourage arrive at the Department of the Interior for a first meeting. What was discussed on that occasion, and whether any assurances were given to Mr. Arriagada, remains unknown. The actions Interior subsequently took speak for themselves.

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