CMYK
Nxxx,2014-12-07,A,001,Bs-4C,E3
Late Edition
FRANCIS R. MALASIG/E
Today, brisk, colder, clouds
givingR. MALASIG/E
FRANCIS
way to sunshine, high 38. Tonight,
mostly clear, cold, low 28. Tomorrow, some sun then clouds, cold,
high 39. WeatherFRANCIS
map, Page
R. 34.
MALASIG/EURO
Typhoon
Typhoon Batters
Batters the
the Philippines
Philippines
Residents
Residents evacuated
evacuated from
from Samar
Samar Island
Island before
before Typhoon
Typhoon Hagupit
Hagupit hit
hit Saturday,
Saturday, with
with winds
winds reaching
reaching 108
108 miles
miles
NEW YORK, SUNDAY, DECEMBER 7, 2014
Typhoon Batters the Philippines
VOL. CLXIV . . No. 56,708
© 2014 The New York Times
$6 beyond the greater New York metropolitan area.
$5.00
Residents evacuated from Samar Island before Typhoon Hagupit hit Saturday, with winds reaching 108 miles per
2 Hostages Killed in Yemen
As
As Eb
Eb
As U.S. Rescue Effort Fails
Energy and Regulators on One Team
Energy
and
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Lobbyists
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By JEFF
Qaeda Militants Shot American Journalist
and South African, Officials Say
By KAREEM FAHIM and ERIC SCHMITT
T
SANA, Yemen — United States
commandos stormed a village in
southern Yemen early Saturday
in an effort to free an American
photojournalist held hostage by
Al Qaeda, but the raid ended in
tragedy, with the kidnappers killing the American and a South African held with him, United
States officials said.
The hostages — Luke Somers,
an American photojournalist, and
Pierre Korkie, a South African
teacher — were killed by their
captors, militants from Al Qaeda
in the Arabian Peninsula, when
they realized the rescue effort
was underway. President Obama
said he had authorized the operation, led by about three dozen
Navy SEAL Team 6 commandos,
after
concluding
that
Mr.
Somers’s life was in “imminent
danger.”
It was the second attempt by
United States forces to rescue
Mr. Somers from Yemen in less
than two weeks. Despite the
deaths of the hostages, as well as
several Yemeni civilians, President Obama said his administration would not back down from
using military power to free its
captured citizens.
“As this and previous hostage
rescue operations demonstrate,
the United States will spare no effort to use all of its military, intelligence and diplomatic capabilities to bring Americans home
safely, wherever they are located,” he said in a statement.
The raid Saturday, however,
may have doomed an effort by a
South African aid group to free
Mr. Korkie. Gift of the Givers, a
South African relief organization
that has projects in Yemen, said it
had successfully negotiated Mr.
Korkie’s release, and he had been
expected to be freed by the mil-
itants on Sunday. American officials said they were not aware of
those arrangements.
Mr. Somers had been part of a
group of freelance journalists
who covered the aftermath of
Yemen’s 2011 uprising and had
stayed on, working as a freelance
editor at English-language publications and as a photojournalist.
He was kidnapped in September
2013 while walking on a street in
Sana, Yemen’s capital. Shortly
before his death, Mr. Somers’s
family released a video in which
they pleaded with his captors to
release him, while insisting that
they had no prior knowledge of
the first rescue attempt.
On Saturday, Mr. Somers’s sister, Lucy Somers, told The Associated Press that F.B.I. agents
had notified the family of her
brother’s death.
“We ask that all of Luke’s family members be allowed to mourn
in peace,” she said.
In the village where the rescue
attempt took place, in the southern province of Shabwah, a tribal
leader, Tarek al-Daghari al-Awlaki, said the American commandos had raided four houses, killing at least two militants but also
eight civilians. He said that one of
the civilians killed was a 70-yearold man.
“The shooting caused panic,”
Mr. Daghari said. “Nine of the
dead are from my tribe.” He added that villagers had spent the
rest of Saturday burying the dead
and collecting spent bullet casings.
American officials said they
acted while facing a perilous
deadline and a tiny window of opportunity. Mr. Somers’s captors
said in a video statement released Wednesday that they
Continued on Page 18
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Energy and Regulators on One Team
NICK OXFORD FOR THE NEW YORK TIMES
changes, and sent it to Washington with the attorney general’s
signature. “The timing of the letter is great, given our meeting
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to push back against the mental groups such as the Sierra ment and some glaring inefficienJOURNAL
Obama regulatory agenda, an in- Club to use the court system to cies are costing LONDON
countless lives. JOURNAL
LONDON
LONDON
JOURNAL
tained through
an
open-records
request, offers Some
and
file
lawsuits
in federal court.
vestigation by The New York impose stricter regulation. But
officials argue that the
never before have attorneys gen- whole response system seems to
Times has found.
a hint of the unprecedented,
of public
view,an American
corporate
representaeral joined on thisalliance
scale with cor- be begging Out
Attorneys general in at least asecretive
for a McKinsey
& Luke Somers,
photojournalist,
in Sana, the YemContinued on Page 32
states are working with enContinued on Page 4
eni capital, in 2013. He had been captured by Al Qaeda.
that Mr. Pruittdozen
and
other Republican
attorneys tives
and attorneys
general are coordinating
general have formed with some of the nation’s legal strategy and other efforts to fight federal
LONDON JOURNAL
Police Video:
No of
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rived at sunset with infrared binoculars and a silencer in his tennis bag. He set up his .22-caliber
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32
Ø
THE NEW YORK TIMES NATIONAL SUNDAY, DECEMBER 7, 2014
N
DYLAN HOLLINGSWORTH FOR THE NEW YORK TIMES
DYLAN HOLLINGSWORTH FOR THE NEW YORK TIMES
SCOTT PRUITT The Oklahoma attorney general, second from right, in Dallas in July, and his Republican counterparts have formed alliances to oppose federal regulations.
m right, in Dallas in July,
andPRUITT
his Republican
counterparts
formed
alliances
to
oppose
federal
regulations.
SCOTT
The Oklahoma
attorneyhave
general,
second
fromHOLLINGSWORTH
right,
in Dallas
July,
and his Republican coun
DYLAN
FOR THEin
NEW
YORK TIMES
ht, in Dallas in July, and his Republican counterparts have formed alliances to oppose federal regulations.
Energy and G.O.P. Attorneys General on One Team
.P.
Attorneys
General
on
One
Team
Energy
and
G.O.P.
Attorneys
Gen
. Attorneys General on One Team
From Page 1
advocate fit a broader strategy. He
wanted state attorneys general to band
together the way they did when they
challenged the health care law in 2010.
In that effort, they hired a major national corporate law firm, Baker Hostetler, to argue the case, with much of the
bill being paid through donations from
executives at corporations that oppose
the law.
In his initial appeal to Mr. Pruitt, Mr.
Miller insisted that his approach was
not “client driven.” But he soon began to
name individual clients — TransCanada
and Pebble Mine in Alaska — that he
wanted to include in the effort. The
E.P.A. has held up the Pebble Mine
project, which could potentially yield 80
billion pounds of copper, after concluding it would “threaten one of the world’s
most productive salmon fisheries.”
“This strike force ought to take the
form of a national state litigation team
to challenge the E.P.A.’s overreach,” Mr.
Miller said in an email to Mr. Pruitt’s office. “Like the Dalmatian at the proverbial firehouse, it could move out smartly
when the alarm sounded.”
lessly, to vouch for a private party with substanference in Dallas in July, after being welcomed
tial financial interest without the disclosure of
with a standing ovation. “The trajectory of our
the true authorship, that is a dangerous pracnation is at risk andadvocate
at stakefitasawe
respond
to He
broader
strategy.
Page
wanted state attorneys general to band
tice,” said From
David
B.1 Frohnmayer, a Republican
what is going on.”
advocate fit a broader strategy. He
together the way they did when they
porate
interests atodecade
challenge
who served
asWashingattorney general in OrMr. Pruitt has
responded
aggressively,
wanted
state attorneys
general toand
band
challenged the health care law in 2010.
ton
and file
lawsuits
in federalbehind
court. the stage is pulltogether hands.
the wayEnergy
they did industry
when they
egon.
“The
puppeteer
with a lot of helping
In that effort, they hired a major naOut of public view, corporate reprechallenged the health care law in 2010.
tional for
corporate
lawsend
firm, to
Baker Hosteting strings,
and yougeneral
can’tare
see.
lobbyists drafted
letters
him hired
to
sentatives
and attorneys
co-I don’t like that.
In that effort,
they
a majorthe
naler,
to
argue
the
case,
with
much
And when
it is
exposed,
makes
E.P.A., the Interior
theBaker
Office
of of the
ordinating
legal
strategy
and it
other
ef- you feel used.”
tional Department,
corporate law firm,
Hostetbill being paid through donations from
forts to
fight
ac-have been clear.
ler, to
argue the
case,
withPresident
much of the
For
Mr.federal
Pruitt,regulations,
the benefits
Management and
Budget
and
executives
at even
corporations
that oppose
cording to a review of thousands of
bill
being
paid
through
donations
from
Lobbyists and company officials have been no- Obama, The Times found.
the law.
emails and court documents and dozens
executives at corporations that oppose
In his initialhave
appeal
to Mr.
Pruitt, Mr.
solicitous, helping him raise his profile as
Industries that
he regulates
also
joined
oftably
interviews.
the law.
Miller
insisted
that
his
approach
was
“When you for
usetwo
a public
office,
pretty
president
years
of the
Republican Attorhim as plaintiffs inIncourt
challenges,
departure
his initial
appeal toaMr.
Pruitt, Mr.
not
“client
driven.”
But
he
soon
began
to
shamelessly,
to vouch
for a private
par- he used to help
Miller
insisted
that
his approach
was
neys General
Association,
a post
from the usual role
ofname
the
state
attorney
individual
clientsgeneral,
— TransCanada
ty with substantial financial interest
not “client driven.” But he soon began to
andcompanies
Pebble Minetoinforce
Alaska
— that he
start what
he and of
allies
called
who traditionally
sues
comTCH, VIA AP without
the disclosure
the true
au-the Rule of Law
name individual clients — TransCanada
wanted
to
include
in
the
effort.
The
campaign,
was practice,”
intended
push
pliance
with
that
iswhich
a dangerous
Pebble
Mine
in Alaska
— thatofhe
stAPVir- thorship,
ANDREW
P. MILLER
A version
of the to
HAROLD
G. back
HAMM
The
oilThe
drilling
PATRICK
MORRISEY
West state
Vir-andlaw.
ANDREW
P. MILLER
A the
version
the
HA
E.P.A.
has
held
up
Pebble
Mine
said
DavidWashington.
B.
Frohnmayer,
a Repubwanted
to
include
in
the
effort.
The
against
Energy
industry
lobbyists
have
also
distriba- draftANDREW
lobbyist’s
bill
was
approved
by
the
executive
was
the
chairman
of
general got a draft
lobbyist’s
bill could
was approved
the 80 ex
project,
which
potentiallyby
yield
P. MILLER
A aversion
HAROLD G. ginia
HAMMattorney
The oil drilling
lican
who
served
decadeofasthe
attorney
E.P.A.West
has
held up Legislature.
the
Pebble and
Mine
wyer.
West
Virginia
Legislature.
Mr. Pruitt’s
re-election
campaign.
That
campaign,
in
which
attorneys
general
uted
draft
legislation
to
attorneys
general
bill
from
a
coal
industry
lawyer.
Virginia
M
billion
pounds
of
copper,
after
concludt
lobbyist’s
bill
was
approved
by
the
executive
was
the
chairman
of
general in Oregon. “The puppeteer beproject, which could potentially yield 80
ing
it
would
“threaten
one
of
the
world’s
band
together
to
operate
like
a
large
national
asked
them
to
help
push
it
through
state
legWest
Virginia
Legislature.
Mr.
Pruitt’s
re-election
campaign.
hind the stage is pulling strings, and
billion pounds of copper, after concludmost
productive
salmon fisheries.”
you
can’t
see.
I don’t
like
that.
And
law
firm,
has
been
used
to
back
lawsuits
and
islatures
to
give
attorneys
general
clearer
ingthe
it would
“threaten
one of the
world’s
lesser“Iprairie
chicken
tothat
the endangered
leader. “The State of Oklahoma is in a view.
t who when
“This
strike
force
ought to take
l
leader.
“The
State
of
Oklahoma
is inthe
a
can
say
to
you
is
not
who
it is
exposed, it against
makes you
feelObama adminismost
productive
salmon
fisheries.”
other
challenges
the
authority
to
challenge
the
Obama
regulatory
species
list,
a move
that
Mr.
Hamm
has better
better position than the E.P.A. to reg- we
espite
form
of
a
national
state
litigation
team
s
position
than
the
E.P.A.
to
regare
or
have
ever
been,
and
despite
used.”
lesser prairie chicken to the endangered
leader.
“The State of Oklahoma is in a
o
strike force ought to take the
said
could
knock
out
“some
of
themake
most “This
ulate
drilling.”
make
tration
on
environmental
issues,
the
Affordable
agenda,
the
documents
show.
to
challenge
the
E.P.A.’s
overreach,”
Mr.
s
ulate
drilling.”
those
criticisms
we
sit
around
and
better For
position
than the
E.P.A. tohave
reg-beenspecies list, a move that Mr. Hamm has
e
Mr. Pruitt,
the benefits
form
of a national state litigation team
promising
landwhat
for oilisand
gas
leases
in
But Mr.
ties
with industry
are decisions
what
Miller
said
in an email
to
Mr.
Pruitt’s
of- p
But Paul
Mr.
Pruitt’s
tiesawith
industry
are
about
right,
and
what
Care
ActPruitt’s
andand
securities
regulation.
The
most
“It
ismost
quite
new,”
said
Nolette,
politicalsaid could
knock
out “some
of
the
ulateclear.
drilling.”
e
Lobbyists
company officials
to challenge the E.P.A.’s overreach,” Mr.
the country.”
The suit to
was filed
Mr.
clear. One of his closest partners has represents
of law,
fice. “Like
thehis
Dalmatian
at the provert
One of
closest partners
has
adherence
ruleafter
of law,
land
for oil and
gasthe
leases
in
But
Mr. Pruitt’s
ties with
industry
are
t
have
beentarget
notably
solicitous,
helpingpromising
Miller
said
in an email
to Mr. Pruitt’s
ofrecent
the
president’s
executive
action
science
professor
atclear.
Marquette
University
and
Hamm
announced
that
he
would
serve
been
Harold G. is
Hamm,
the billionaire
try to
H
bial
firehouse,
it
could
move
out
smartly
been
Harold
G.
Hamm,
the
billionaire
and
we
seek
to
advance
that
and
try
to
filed after Mr.
clear.him
One
of his
his profile
closestaspartners
,
raise
presidenthas
for twothe country.” The suit was
fice.
“Like the Dalmatian
at the proveron
immigration.
author
the
forthcoming
book
“Federalism
as the
the best
chairman
ofthe
Mr.
Pruitt’s of
re-elecchief
executive of Continental Re- do
people
a
chief
executive
of
Continental
Rewhen
the
alarm
sounded.”
we
can
to
educate
people
beenyears
Harold
G. Republican
Hamm, the Attorneys
billionaireGen-Hamm announced that he would serve
o
of the
bial firehouse, it could move out smartly
tion
campaign.
sources,
which
is
among
the
biggest
oil
t
sources,
which
is
among
the
biggest
oil
about
our
viewpoint.”
“We are
in the
of a
constitutionon Trial:
State Attorneys
General
and National
the
chairman of Mr. Pruitt’s
re-elecchieferal
executive
of living
Ree
Association,
aContinental
post he
usedmidst
to helpas
when the alarm
sounded.”
and gas drilling companies in both Oklargy in“Time
and
time again,
General
Pruitt
and
gas
drilling
companies
in
both
OklaIn
a
state
dominated
by
the
energy
incampaign.
sources,
which
among
the called
biggest
oilRuletion
al crisis,”
told the
energy
industry
lobbystart
what is
heMr.
and Pruitt
allies
Policyfought
Making
in Contemporary
America.” “The
A Call
to Arms
homa and North Dakota.
been
has stood
up
and bravely
for
the homa
and North Dakota.
dustry,
Mr.
Pruitt’s
stands have
been
h
and gas
drilling
companies
in
both
Okla“Time
and
time
again,
General
Pruitt
ofists
Law
campaign,
which
was
intended
conservative
statewith
legislators
atofapopular.
con- “Attorney
scope,
size
and A
tenor
of
is,with beThisand
year,
Mr. Pruitt joined
a widely
eneral
rights
Oklahomans
in those
instances
CallThis
tothese
Arms
year, collaborations
Mr.pitch
Pruitt
a
General
Mr.
Miller’s
to joined
Mr. Pruitt
r
porate interests to challenge Washington and file lawsuits in federal court.
Out of public view, corporate representatives and attorneys general are coordinating legal strategy and other efforts to fight federal regulations, according to a review of thousands of
emails and court documents and dozens
of interviews.
“When you use a public office, pretty
shamelessly, to vouch for a private party with substantial financial interest
MARK WEBB/THE HERALD-DISPATCH, VIA AP
STEPHEN CROWLEY/THE NEW YORK TIMES
KEVIN CEDERSTROM/ASSOCIATED PRESS
without the disclosure of the true authorship, that is a dangerous practice,”
PATRICK MORRISEY The West VirANDREW P. MILLER A version of the
HAROLD G. HAMM The oil drilling
said David B. Frohnmayer, a Repubginia attorney general got a draft
lobbyist’s bill was approved by the executive was the chairman of
lican who served a decade as attorney
bill from a coal industry lawyer.
West Virginia Legislature.
Mr. Pruitt’s re-election campaign.
general in Oregon. “The puppeteer behind the stage is pulling strings, and
you can’t see. I don’t like that. And
lesser prairie chicken to the endangered
leader. “The State of Oklahoma is in a
view. “I can say to you that is not who
when it is exposed, it makes you feel
species list, a move that Mr. Hamm has
better position than the E.P.A. to regwe are or have ever been, and despite
used.”
said could knock out “some of the most
ulate drilling.”
those criticisms we sit around and make
For Mr. Pruitt, the benefits have been
promising land for oil and gas leases in
But
Mr.
Pruitt’s
ties
with
industry
are
decisions
about
what
is
right,
and
what
clear. Lobbyists and company officials
the country.” The suit was filed after Mr.
clear. One of his closest partners has
represents adherence to the rule of law,
have been notably solicitous, helping
Hamm announced that he would serve
been
Harold
G.
Hamm,
the
billionaire
and
we
seek
to
advance
that
and
try
to
him raise his profile as president for two
as the chairman of Mr. Pruitt’s re-elecchief executive of Continental Redo the best we can to educate people
years of the Republican Attorneys Gention campaign.
sources,
which
is
among
the
biggest
oil
about
our
viewpoint.”
eral Association, a post he used to help
and gas drilling companies in both OklaIn a state dominated by the energy in“Time and time again, General Pruitt
start what he and allies called the Rule
A Call to Arms
homa
and
North
Dakota.
dustry,
Mr.
Pruitt’s
stands
have
been
has stood up and bravely fought for the
of Law campaign, which was intended
This
year,
Mr.
Pruitt
joined
with
a
widely
popular.
“Attorney
General
rights
of Oklahomans in those instances
Mr. Miller’s pitch to Mr. Pruitt beto push back against Washington.
group
aligned
with
Mr.
Hamm
to
sue
Pruitt
has
been
a
champion
for
our
when
the
federal
government
has
overcame aCROWLEY/THE
reality early last year
the his-TIMES
NEW YORK TIMES
KEVIN
CEDERSTROM/ASSOCIATED
PRESS VIA AP
MARK
WEBB/THE HERALD-DISPATCH,
STEPHEN
NEWatYORK
That campaign,STEPHEN
in which CROWLEY/THE
attorneys
the Interior Department over its plan to
state,” said State Senator Mike Schulz, a
extended its hand,” Mr. Hamm said as
toric
Skirvin Hilton Hotel in Oklahoma
general band together to operate like a
consider adding animals such as the
Republican who is the majority floor
his role in Mr. Pruitt’s re-election effort
City, where he brought together an exlarge national
law
firm,
has
been
used
STEPHEN CROWLEY/THE NEW YORK TIMES
KEVIN CEDERSTROM/ASSOCIATED PRESS was announced.
traordinary assembly of energy industo back lawsuits and other challenges
try power brokers and attorneys genagainst the Obama administration on
eral from nine states for what he called
More of Nation’s
A Potent Ally
environmental issues, the Affordable
the Summit on Federalism and the FuCare Act and securities regulation. The
Attorneys General
Energy industry executives and lobture of Fossil Fuels.
most recent target is the president’s exbyists from across the United States
Are
Republican
The meeting took place in the shadow
ecutive action on immigration.
saw great potential in Mr. Pruitt, a giftof office towers that dominate Oklaho“We are living in the midst of a constiAided by record fund-raising
ed politician who had been a state legisma
City’s skyline and are home to Contitutional crisis,” Mr. Pruitt told energy
lator and a minor-league baseball team
by the Republican Attorneys
nental Resources, a leader in the naindustry lobbyists and conservative
co-owner and executive before running
General Association,
tion’s
fastest-growing oil field, the Bakstate legislators at a conference in Dalfor attorney general.
Republicans, for the first time
ken formation of North Dakota, as well
Rep.
las in July, after being welcomed with a
Among them was Andrew P. Miller, a
in modern history, will control
as
Devon
Energy, which drilled 1,275
Dem.
standing ovation. “The trajectory of our
patrician 81-year-old former Virginia ata majority of state attorney
new wells last year.
attorney
nation is at risk and at stake as we retorney general. Mr. Miller is a regular at
general
posts
in
2015.
More
liberal
attorneys general, such
general
spond to what is going on.”
gatherings of state attorneys general at
as Douglas F. Gansler, Democrat of
Mr. Pruitt has responded aggressiveresort destinations, and his client list inMaryland, did not participate.
ly, and with a lot of helping hands. Enercludes TransCanada, the backer of the
“Indeed, General Gansler would in all
Money raised by
Number of state
gy industry lobbyists drafted letters for
Keystone XL pipeline; the Southern
$15
likelihood try to hijack your summit,”
attorney general
attorneys general by party
him to send to the E.P.A., the Interior
Company, the Georgia-based electric
million
Mr.
Miller wrote to Mr. Pruitt in an
associations
Department, the Office of Management
40
utility, which has a large number of
email. “At best you would be left to preand Budget and even President Obama,
coal-burning power plants; and the inDemocratic
Democrats
side
over a debate, rather than a call to
The Times found.
vestor group behind the proposed Peb2002
arms.”
Republican
Industries that he regulates have also
ble Mine in Alaska.
30
Oklahoma energy companies were
$10
joined him as plaintiffs in court chalFor the energy industry, Mr. Pruitt
there, according to an agenda, joined by
lenges, a departure from the usual role
was an easy choice.
executives from Peabody Energy of
of the state attorney general, who tradi“There’s a mentality emanating from
Missouri, the world’s largest privatetionally sues companies to force compli20
Washington today that says, ‘We know
sector coal producer, as well as the
ance with state law.
best,’” Mr. Pruitt said during his 2010
Southern Company, which has aggresEnergy industry lobbyists have also
$5
campaign. “It’s a one-size-fits-all stratsively challenged federal air pollution
Republicans
distributed draft legislation to attorneys
2000
egy, a command-and-control kind of apmandates.
10
general and asked them to help push it
proach, and we’ve got to make sure we
The nation’s top corporate energy
through state legislatures to give the atknow how to respond to that.”
Year
the
party’s
regulatory lawyers were there, too, intorneys general clearer authority to
Among Mr. Pruitt’s first acts was to
homatoand
North
n
has stood up and bravely fought for the
push
backDakota.
against Washington.
group aligned with Mr. Hamm to sue Pruitt
r our
when the
has
group
has federal
been inagovernment
champion
for overour
came aaligned
reality with
earlyMr.
last Hamm
year at to
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at risk here. What is happening diminishes the
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Energy
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al government has
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patrician
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Virginia
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was
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ign, in which attorneys
ogether to operate like a
law firm, has been used
ts and other challenges
bama administration on
issues, the Affordable
ecurities regulation. The
get is the president’s exon immigration.
g in the midst of a consti” Mr. Pruitt told energy
yists and conservative
s at a conference in Dalr being welcomed with a
n. “The trajectory of our
k and at stake as we res going on.”
s responded aggressivet of helping hands. Enerbyists drafted letters for
the E.P.A., the Interior
he Office of Management
d even President Obama,
d.
at he regulates have also
plaintiffs in court chalrture from the usual role
orney general, who tradimpanies to force complilaw.
stry lobbyists have also
ft legislation to attorneys
ked them to help push it
egislatures to give the atal clearer authority to
Obama regulatory agennts show.
ew,” said Paul Nolette, a
e professor at Marquette
the author of the forth“Federalism on Trial:
s General and National
in Contemporary Amere, size and tenor of these
is, without question, un-
emerging practice that
r attorneys general say
ntegrity of the office.
ificent and noble instituof attorney general, as it
yer for the people,” said
, a Democrat who served
rizona’s attorney general
e Mr. Frohnmayer, reof the documents colTimes. “That independat risk here. What is haphes the reputation of ineys general and the comup.”
who has emerged as a
ervative activists, disicism as misinformed.
s of questions arise from
nt we are in — a very
distrustful political enviPruitt said in an inter-
Pruitt has been a champion for our
state,” said State Senator Mike Schulz, a
Republican who is the majority floor
group aligned with Mr. Hamm to sue
the Interior Department over its plan to
consider adding animals such as the
More of Nation’s
Attorneys General
Are Republican
A Potent Ally
Aided by record fund-raising
by the Republican Attorneys
General Association,
Republicans, for the first time
in modern history, will control
a majority of state attorney
general posts in 2015.
Rep.
Dem.
attorney
general
Money raised by
attorney general
associations
$15
million
Number of state
attorneys general by party
40
Democratic
Democrats
2002
Republican
30
$10
20
$5
Republicans
2000
10
Year the party’s
association was started
’02
’04
’06
’08
’10
’12
’14
$0
0
’80
’90
’00
’10
’15
Top Individual Recipients of Energy Industry Money Since 2004
Many attorneys general collect contributions directly from energy industry donors, in
addition to money passed on from party associations. Attorney General Scott Pruitt of
Oklahoma, for example, has received at least $215,574 from companies and industry
employees since 2010, even though he ran unopposed in his most recent election.
Attorneys general highlighted in gray will be in office in 2015
ATTORNEY GENERAL
when the federal govern
extended its hand,” Mr.
his role in Mr. Pruitt’s re
was announced.
PARTY
STATE
CONTRIBUTIONS
ELECTION YEARS
$2,459,204
2006, 2010
Greg Abbott
R
Texas
Tom Corbett
R
Pennsylvania
577,192
2004, 2008
Ken Paxton
R
Texas
488,411
2014
Mike DeWine
R
Ohio
321,033
2010, 2014
Luther Strange
R
Alabama
279,200
2010, 2014
Gary K. King
D
New Mexico
228,018
2006, 2010
Scott Pruitt
R
Oklahoma
215,574
2010, 2014
Chris Koster
D
Missouri
202,419
2008, 2012
Bill Schuette
R
Michigan
190,516
2010, 2014
Kenneth T. Cuccinelli II
R
Virginia
174,638
2009
Notes: 2014 data is incomplete. Scott Pruitt was unopposed in 2014.
Sources: Republican and Democratic Attorneys General Associations (fund-raising numbers);
Paul Nolette, department of political science, Marquette University (attorneys general by party
and state); National Institute on Money in State Politics (energy industry contributions)
THE NEW YORK TIMES
Energy industry exec
byists from across the
saw great potential in M
ed politician who had be
lator and a minor-league
co-owner and executive
for attorney general.
Among them was And
patrician 81-year-old form
torney general. Mr. Mille
gatherings of state attor
resort destinations, and h
cludes TransCanada, the
Keystone XL pipeline;
Company, the Georgia
utility, which has a lar
coal-burning power plan
vestor group behind the
ble Mine in Alaska.
For the energy indus
was an easy choice.
“There’s a mentality e
Washington today that s
best,’” Mr. Pruitt said d
campaign. “It’s a one-si
egy, a command-and-con
proach, and we’ve got to
know how to respond to t
Among Mr. Pruitt’s fi
create a “federalism offic
lenged the Obama admin
to reduce haze in southw
ma by requiring coal-bur
plants in the state to ins
tion control equipment.
His interaction with th
Pruitt said during an in
Oklahoma City office, ha
ed by a desire to gath
from experts, while
state’s longstanding tra
determination.
That ethos, he said, i
large oil painting in his o
local authorities with rifl
confronting outsiders d
rush era. “The founders
power concentrated in
thing,” Mr. Pruitt said.
Mr. Miller made it his
Mr. Pruitt nationally, bo
man for the Rule of Law
as the president of the
torneys General Associa
“I regard the general a
suited to take this lead o
of federalism,” Mr. Mille
Pruitt’s chief of staff in A
touchstone of this initiat
organize the states to
‘overreach’ whenever it o
To Mr. Miller, having M
and the investor group behind the proposed
Pebble Mine in Alaska.
For the energy industry, Mr. Pruitt was an
easy choice.
“There’s a mentality emanating from
Washington today that says, ‘We know best,’ ”
Mr. Pruitt said during his 2010 campaign. “It’s
a one-size-fits-all strategy, a command-andcontrol kind of approach, and we’ve got to make
sure we know how to respond to that.”
Among Mr. Pruitt’s first acts was to create a “federalism office,” which challenged the
Obama administration’s plan to reduce haze
in southwestern Oklahoma by requiring coalburning electricity plants in the state to install
new pollution control equipment.
His interaction with the industry, Mr. Pruitt
said during an interview at his Oklahoma City
office, has been motivated by a desire to gather
information from experts, while defending his
state’s longstanding tradition of self-determination.
That ethos, he said, is depicted in a large oil
painting in his office that shows local authorities with rifles at the ready confronting outsiders during the land rush era. “The founders recognized that power concentrated in a few is a
bad thing,” Mr. Pruitt said.
Mr. Miller made it his job to promote Mr.
Pruitt nationally, both as a spokesman for the
Rule of Law campaign and as the president of
the Republican Attorneys General Association.
“I regard the general as the A.G. best suited
to take this lead on this question of federalism,”
Mr. Miller wrote to Mr. Pruitt’s chief of staff
in April 2012. “The touchstone of this initiative
would be to organize the states to resist federal
‘overreach’ whenever it occurs.”
To Mr. Miller, having Mr. Pruitt as an advocate fit a broader strategy. He wanted state attorneys general to band together the way they
did when they challenged the health care law
in 2010. In that effort, they hired a major national corporate law firm, Baker Hostetler, to
argue the case, with much of the bill being paid
through donations from executives at corporations that oppose the law.
In his initial appeal to Mr. Pruitt, Mr. Miller
insisted that his approach was not “client driven.” But he soon began to name individual clients
— TransCanada and Pebble Mine in Alaska —
that he wanted to include in the effort. The E.P.A.
has held up the Pebble Mine project, which could
potentially yield 80 billion pounds of copper, after
concluding it would “threaten one of the world’s
most productive salmon fisheries.”
“This strike force ought to take the form of
a national state litigation team to challenge the
E.P.A.’s overreach,” Mr. Miller said in an email
to Mr. Pruitt’s office. “Like the Dalmatian at the
proverbial firehouse, it could move out smartly
when the alarm sounded.”
A Call to Arms
Mr. Miller’s pitch to Mr. Pruitt became a reality early last year at the historic Skirvin Hilton Hotel in Oklahoma City, where he brought
together an extraordinary assembly of energy
industry power brokers and attorneys general
from nine states for what he called the Summit
on Federalism and the Future of Fossil Fuels.
The meeting took place in the shadow of office towers that dominate Oklahoma City’s skyline and are home to Continental Resources, a
leader in the nation’s fastest-growing oil field,
the Bakken formation of North Dakota, as well
as Devon Energy, which drilled 1,275 new wells
last year.
More liberal attorneys general, such as
Douglas F. Gansler, Democrat of Maryland, did
not participate.
“Indeed, General Gansler would in all likelihood try to hijack your summit,” Mr. Miller
wrote to Mr. Pruitt in an email. “At best you
would be left to preside over a debate, rather
than a call to arms.”
Oklahoma energy companies were there,
according to an agenda, joined by executives
from Peabody Energy of Missouri, the world’s
largest private-sector coal producer, as well as
the Southern Company, which has aggressively
challenged federal air pollution mandates.
The nation’s top corporate energy regulatory lawyers were there, too, including F. William Brownell, a senior partner at the law firm
Hunton & Williams, which has spent more than
25 years fighting the enforcement of the Clean
Air Act.
The event was organized by an energy-industry-funded law and economics center at George
Mason University of Virginia. The center is part
of the brain trust of conservative, pro-industry
groups that have worked from the sidelines to
help Mr. Pruitt and other attorneys general.
And there was nothing ambiguous about
the agenda.
“Suggested Responses to Assaults on Federalism” was the topic of one breakfast meeting, moderated by Attorney General Wayne K.
Stenehjem of North Dakota, that showcased Mr.
Brownell and three other top corporate regulatory lawyers. Mr. Hamm was the featured dinner speaker.
“We need to ensure the robust role of the
states,” said Paul M. Seby, another coal industry lawyer who attended. “And as the chief law
enforcement officers, it is not surprising this is
becoming a cornerstone of attorney generals’
attention.”
Attorneys general said they had no choice
but to team up with corporate America. “When
the federal government oversteps its legal authority and takes actions that hurt our businesses and residents, it’s entirely appropriate for us
to partner with the adversely affected private
entities in fighting back,” said Attorney General
Pam Bondi of Florida, whose top deputy attended the meeting.
A ‘Strike Force’
The impact of the gathering was immediate.
A week later, a new Federalism in Environmental Policy task force was established by lawyers
in the offices of 19 state attorneys general, according to email records obtained from the office
of Attorney General Timothy C. Fox of Montana,
who had participated in the Oklahoma meeting.
“This message is in follow-up to the excellent environmental conference put on last week
by George Mason University and hosted by the
Oklahoma attorney general’s office,” said one
email sent by Katie Spohn, the deputy attorney
general in Nebraska. “In order to continue our
coordination of efforts regarding Federalism in
Environmental Policy, I am seeking input from
each state who participated in the conference.”
Mr. Miller was pleased. “Just the kind of
strike force I was talking about,” he said in an
interview.
And the input poured forth. The states
worked to detail major federal environmental action, like efforts to curb fish kills, reduce ozone
pollution, slow climate change and tighten regulation of coal ash. Then they identified which attorney general’s office was best positioned to try
to monitor it and, if necessary, attempt to block it.
Follow-up by Mr. Pruitt’s federalism office
often came after coordination with industry
representatives, especially from Devon Energy.
The company, one of the most important financial supporters for the Republican Attorneys
General Association, is guarded about its public
profile. But it readily turned to Mr. Pruitt and
his staff for help, setting up meetings for the attorney general with its chief executive, its chief
lobbyist and other important players.
“We have a clear obligation to our shareholders and others to be involved in these discussions,” John Porretto, a Devon spokesman,
said in a statement.
While some of the exchanges were general in character, others were quite explicit, especially the communication about the E.P.A.’s
methane regulations that had prompted Mr.
Whitsitt, the Devon official, to propose that Mr.
Pruitt send a letter to the agency.
“Just a note to pass along the electronic version of the draft letter to Lisa Jackson at E.P.A.,”
said one September 2011 letter to Mr. Pruitt’s
chief of staff from Mr. Whitsitt. “We have no pride
of authorship, so whatever you do on this is fine.”
Mr. Pruitt took the letter and, after changing just 37 words in the 1,016-word draft, copied
it onto his state government letterhead and sent
it to Ms. Jackson, the E.P.A. administrator.
That was just one of his challenges to Washington. Devon officials also turned to Mr. Pruitt
to enlist other Republican attorneys general
and Republican governors to oppose a rule proposed by the Bureau of Land Management that
would regulate hydraulic fracturing, or fracking, on federal land.
“As promised, we are sending you the attached draft of the R.G.A./RAGA follow-up letter to President Obama opposing B.L.M.’s proposed rule,” Brent Rockwood, Devon’s director
of government affairs, wrote to Mr. Pruitt’s staff
in late 2012, in an email marked “confidential.”
Weeks later, that letter was sent to Mr.
Obama without only a few word changes, signed
by Mr. Pruitt and Gov. Bobby Jindal of Louisiana, who was the head of the Republican Governors Association at the time.
Company officials again expressed their
pleasure to Mr. Pruitt.
“I’ve learned that we’re having an effect —
and may be able to have more, perhaps even to
having the rule withdrawn or shifted to almost
THE NEW YORK TIMES NATIONAL SUNDAY, DECEMBER 7, 2014
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Agency was written by lawyers for Devon Energy, an oil and gas company, and was delivered to him by the company’s chief of
lobbying, William F. Whitsitt. “Please pass along Devon’s thanks to Attorney General Pruitt,” Mr. Whitsitt wrote in an email.
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a reporting-only one,” Mr. Whitsitt wrote, in another email marked “confidential.”
The rule — which the industry claims would
cost $346 million a year to comply with — has
still not been issued.
Coordination between the corporations and
teams of attorneys general involved in the Rule
of Law effort also involves actual litigation to
try to clear roadblocks to energy projects, documents show.
Energy producers, for instance, wanted
to sue the Interior Department as it considered adding animals such as the sage grouse
— which nests near sites of oil and gas drilling
— to a list of endangered species, a move that
could put tens of thousands of acres off limits to
new drilling.
The energy companies could have sued on
their own, but their executives believed that the
case would be more potent by bringing in Mr.
Pruitt and the weight of the State of Oklahoma.
“We just came to the conclusion he would
be the best person to be the lead attorney on
this,” said Mike McDonald, an owner of Triad
Energy, a small oil and gas exploration company, and the president of a group that calls itself
the Domestic Energy Producers Alliance. “He
has exceeded our expectations.”
For the industry, the state is an extremely
valued partner because states are granted “special solicitude” from the federal courts, a critical advantage to private companies that helps
confer legal standing and means that a matter
is less likely to be dismissed.
Mr. Pruitt’s office, in a statement to The
Times, rejected any suggestion that the attorney general has been wrong to send to Washington comment letters written by industry lobbyists, or to take up their side in litigation.
“The A.G.’s office seeks input from the energy industry to determine real-life harm stemming from proposed federal regulations or actions,” the statement said. “It is the content of
the request not the source of the request that is
relevant.”
Persuading lawmakers to offer legislation
has been another effective lobbying tool. In
West Virginia, Mr. Miller handed Attorney General Patrick Morrisey a draft of legislation that
he argued would put West Virginia in a better
position to sue the Obama administration over
proposed regulations to tighten pollution con-
trols on power plants, emails show.
“I trust you will find the legislation acceptable in its present form,” Mr. Miller wrote to
Mr. Morrisey in February, referring to a private meeting the two had had in the law library
of Mr. Morrisey’s office in Charleston. “If so, I
would appreciate your having it introduced by
your friends in both the Senate and the House.”
A version of the bill was introduced and
passed by the West Virginia Legislature in
March. Delegate Rupert Phillips Jr., the chief
sponsor of a second bill that also contained language identical to what Mr. Miller had requested, said in an interview that he had acted with
Mr. Morrisey’s support, an account supported
by William B. Raney, the president of the West
Virginia Coal Association.
“It is nice to have everybody singing from
the same sheet of music,” Mr. Raney said.
A spokesman for Mr. Morrisey disputed
this account, saying that while he supported the
effort to challenge the rule, he did not play a role
in promoting the legislation.
Blurred Lines
The work in Mr. Pruitt’s office has sometimes seemed to blur the distinction between
his official duties and the advancement of his
political career.
Mr. Pruitt’s chief of staff, Crystal Drwenski,
served as gatekeeper to his office, arranging
meetings and helping companies get Mr. Pruitt
and his staff to intervene with the federal authorities. But Ms. Drwenski also played an important supplemental role for the attorney general: fund-raising aide.
“A.G. Pruitt is working with the Republican
Attorneys General Association on their national
meeting in Washington,” Ms. Drwenski wrote to
Mr. Whitsitt. “The benefit of membership and
participation is having 25 Republican A.G.s in a
room to discuss policy issues.”
Ms. Drwenski wanted Devon Energy’s help
in enlisting the American Petroleum Institute,
and Mr. Whitsitt agreed.
“I’ve put in a plug to A.P.I.,” Mr. Whitsitt
wrote back to Ms. Drwenski, a few hours after
her request, having reached out to the organization’s senior lobbyist, Marty Durbin. “He is expecting a call.”
In addition to the American Petroleum Institute, major energy companies — ConocoPhil-
lips, the oil and gas company; Alpha Natural
Resources, a coal mining giant; and American
Electric Power, the nation’s biggest coal consumer — have recently joined the Republican
Attorneys General Association, bringing in hundreds of thousands of additional dollars to the
group, internal documents show.
By last year, the association was starting
to pull in so much money under Mr. Pruitt’s
leadership that it decided to break free from its
partnership with the Republican State Leadership Committee, a group that represents state
elected officials. Within months, the association
also set up the Rule of Law Defense Fund, yet
another legal entity that allows companies benefiting from the actions of Mr. Pruitt and other
Republican attorneys general to make anonymous donations, in unlimited amounts. Fundraising skyrocketed.
The $16 million that the association has collected this year is nearly four times the amount
it collected in 2010, money it used mostly to buy
millions of dollars’ worth of television advertisements in states like Arizona, Arkansas, Colorado and Nevada, all places where Republican
candidates for attorney general won election.
The fund-raising has taken place on the
state level as well. Oklahoma Gas & Electric
— a for-profit utility that Mr. Pruitt joined with
in federal court to fight the E.P.A. — invited its
employees to the Petroleum Club in downtown
Oklahoma City late last year for a fund-raising
event for Mr. Pruitt, drawing donations from
about 45 company employees, including the
chief executive. Four days later, Mr. Pruitt filed
a new appeal in the case — timing that the utility said was a coincidence.
While Mr. Pruitt’s efforts to raise money for
the Republican Attorneys General Association
have been an unqualified success, the lawsuits
and regulatory appeals he has filed have yielded mixed results.
In May, the Supreme Court declined to take
up the appeal on the Oklahoma Gas & Electric
matter, meaning the company is now moving
ahead on retrofitting its coal-burning plants.
But other lawsuits are pending, including Mr.
Pruitt’s challenge of the Dodd-Frank law, which
rewrote the nation’s financial regulations, and,
perhaps most important, his challenge of the tax
Nick Madigan contributed reporting.
subsidies that are a critical part of the Obama
administration’s health care law.
Mr. Pruitt’s staff has juggled various duties
— helping major corporations push their challenges against Washington, and then turning to
these same executives, at times, to ask them for
financial support.
For example, Ms. Drwenski, who is no longer
Mr. Pruitt’s chief of staff, asked Devon Energy in
2012, on a workday afternoon, for help in signing
up the American Petroleum Institute as a member
of the Republican Attorneys General Association.
She used her personal email account to
send out the initial request. But the subsequent
exchange took place on her work email account,
even though Oklahoma state law prohibits state
officials from using state property or time to
solicit political contributions. A spokesman for
Mr. Pruitt said, “It is entirely possible she could
have been taking a late lunch.”
Mr. Pruitt, who ran unopposed to win a second term, has not needed much of the money
himself, but his fund-raising efforts have greatly
benefited other Republicans running for the job.
That explains the partylike atmosphere late
last month in South Florida, where members of
the Republican Attorneys General Association
held their fall meeting at the chic Fontainebleau
Miami Beach, along with hundreds of lobbyists, lawyers and corporate executives, whose
companies had paid as much as $125,000 for the
privilege to celebrate with them.
During the opening reception, on a giant
terrace overlooking the Atlantic Ocean, with
red, white and blue lights beaming onto the
walls and rock music blasting, the Republican
attorneys general strode to the stage to trumpet
their new majority in the states.
Mr. Pruitt was there for the weekend’s festivities, an event at which Devon Energy served
as a corporate host, with banners hung in the
hotel hallways featuring the corporate logo.
The Oklahoma attorney general’s stay was
brief. The Rule of Law campaign had a new and
urgent target.
“Our president sees himself as above the
law,” Mr. Pruitt said from Oklahoma City as he
announced several days later yet another front
in the campaign, a lawsuit he planned to file to
challenge the Obama administration’s new immigration policies. “We will take action to hold
n
him accountable.”