State Department Inspector General Investigating Keystone XL Contractor ERM's Conflicts of Interest

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Theย Checks and Balances Projectย hasย announced that the U.S. State Department’s Office of Inspector Generalย (OIG) has launched a conflicts-of-interest investigation into dirty dealings pertaining to the contractor tasked to perform the environmental review for the northern half of TransCanada’s Keystone XL tar sands pipeline on behalf ofย State.ย 

Environmental Resources Management, Inc. (ERM Group)ย declared theย northern portion of Keystone XL as environmentally safe and soundย on behalf of State in March,ย in defiance of the U.S. Environmental Protection Agency’s assessment,ย amongย others.

The northern half of Keystone XL will connect to the over 75-percent complete southern half and – if built – will carry Alberta’s tar sandsย bitumen south to Texas refineries, with most of the final productย shipped to the highest bidder on the global market. State and eventually President Barack Obama have the final say over the proposal because the northern section of pipeline crosses the internationalย border.ย 

The overarching problem with that ERM assessment, as first revealed onย Grist by Brad Johnson: ERM Group was chosen not by the State Dept., but by TransCanada itself. Furthermore, as first revealed onย Mother Jones by Andy Kroll, the State Dept. redacted biographical portions of the EIS that pointed to ERM‘s ongoing close consulting relationship with ERM Group and TransCanada.

โ€œThe American public was supposed to get an honest look at the impacts of the Keystone XL pipeline,โ€ writesย Checks and Balances‘ Gabe Elsner.ย โ€œInsteadโ€ฆa fossil fuel contractor, hid its ties from the State Department so they could green light the project on behalf of its oil companyย clients.โ€

Instead of an honest look, the public got deception, perhaps not surprisinglyย given ERM‘s historical contracting relationship with Big Tobacco, as first revealed here on DeSmogBlog. ERM seems to have blatantly lied to the State Dept. – which apparently did no homework of its own, or turned a blind eye at least – and answered โ€œnoโ€ to the question shown in the screenshotย below.ย 

ERM also told State it was not an energy interest, when the facts sayย otherwise.

โ€œThe State Department question defines an energy interest in part as any company or person engaged in research related to energy development,โ€ wrote Eslner. โ€œYet, ERM has worked for all of the top five oil companies and dozens of other fossil fuel companies. In other words, ERM is clearly an energyย interest.โ€

For these reasons,ย a dozen groups (including DeSmogBlog), ranging from environmental NGOs, faith-based groups and government accountability watchdogs called for the Inspector General to investigate why State allowed TransCanada to choose ERMย Group.

OIG Special Agent Pedro Colon,ย Checks and Balances reported, confirmed OIG is โ€œreviewing the matterโ€ in a voicemail left with Elsner. Not satisfied with Colon’s oblique answer, Elsner followed up with OIG via email to ask for moreย details.ย 

In a May 14 email, Elsner was told the following by Erich Hart,ย General Counsel to the Inspectorย General:

It is this email that ledย Checks and Balances to believe thatย OIG is engaged in a serious, methodical probe into ERM Group’s activities related to the Keystone XL SEIS environmental review. The group questions why the State Department didn’t recognize a serious conflict-of-interest in choosing ERM.

The question still remains: will it be a serious investigation or a public relations window dressing act? Time willย tell.ย 

ERM Group’s Sordidย History

ERM Group has a sordid history of green-lighting ecologically perilous projects. Perhaps not surprising given that it is a dues-paying member of Big Oil’s lobbying powerhouse, the American Petroleum Institute (API), which spentย $7.3 million on lobbying in 2012 and anotherย $8.6 million on lobbying in 2011.

As covered here on DeSmogBlog, ERM declared the Baku-Tbilisi-Ceyhan (BTC) pipeline that traverses from Azerbaijan, to Georgia and eventually to Turkey as environmentally and ecologically sound – even though it has proven neither. As also covered here, ERM said the Peru LNG and accompanying pipeline project was also environmentally and ecologically soundย – again,ย even though it has proven neither.

So, unless OIG acts on the investigation it says it has opened and tells State to abide by federal contracting conflicts-of-interest law, it appears Keystone XL will be dรฉjร  vu all over again for ERM Group and the Obamaย Administration.

Image Credit: Wikimedia Commonsย 

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Steve Horn is the owner of the consultancy Horn Communications & Research Services, which provides public relations, content writing, and investigative research work products to a wide range of nonprofit and for-profit clients across the world. He is an investigative reporter on the climate beat for over a decade and former Research Fellow for DeSmog.

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