GAO to sue White House over energy task force

FROM THE ARCHIVE

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THURSDAY, JANUARY 31, 2002

In a precedent-setting legal and political battle, the investigative arm of Congress announced on Wednesday it would sue the White House to obtain information about the formation of President Bush's national energy policy.

Saying he had no other choice, David Walker, the comptroller general of the General Accounting Office, told Congressional leaders he would file a lawsuit in federal court in Washington, D.C. He set no timeline for the action but said it was justified because the American public has a right to the information being sought by Democrat lawmakers.

"Energy policy is an important economic and environmental matter with significant domestic and international implications," Walker wrote in a letter copied to the White House. "It affects the lives of each and every American."

The lawsuit would the first time GAO has sued another federal entity, Walker and the White House acknowledged. But White House press secretary Ari Fleischer said Bush's defense won't be the familiar "executive privilege" doctrine typically invoked in such matters.

"The administration's position, which we expect to be upheld in a court of law, is that the General Accounting Office is acting beyond their authority," said Fleischer, "so there's no need to exert the privilege."

"The GAO is acting outside its authority."

The energy policy at the heart of the debate was one of the most highly anticipated aspects of President Bush's first year in office. Vice President Dick Cheney convened a task force, which included Secretary of Interior Gale Norton, to develop short- and long-term legislative and administrative goals for energy conservation and production.

The policy was released last May after months of meetings with with energy company executives and industry groups. Hoping to get a handle on the secret meetings, Democrat lawmakers asked the GAO to find out who met with the task force, when the meetings were held and general topics discussed.

The White House asserts this request, which was trimmed down last August after a much broader probe was rebuffed, is beyond the scope of the GAO. Bush, Cheney and other administration officials contend disclosure of the information would have a "chilling" effect on executive branch workings.

Democrats, environmental groups and some Republicans in the Senate, however, believe there should be nothing to hide. Industry groups have made it known they met with the task force, and in response to the controversy over Enron Corp., Cheney's staff disclosed his meetings with executives of the bankrupt energy company.

Aside from the push to open the Arctic National Wildlife Refuge to drilling over the objections of the Gwich'in Nation, Indian Country was a small component of Bush's policy. Norton and Assistant Secretary Neal McCaleb held a summit with tribal leaders in December to address energy development.

The GAO is still interviewing law firms to handle the case. The suit is expected to be filed within the next two or three weeks.

Relevant Documents:
GAO Letter (1/30) | GAO Chronology (8/18) | Original Letter to Cheney (8/17)

Get the Policy:
Reliable, Affordable, and Environmentally Sound Energy for America’s Future (The White House 5/17)
ERRATA: Corrections (The White House 5/17)

Only on Indianz.Com:
Inside the Bush energy policy (5/18)