From: To: Subject: Date: Attachments: Hastie, Roderick Clayton.Eubanks@oag.ok.gov Document - Confidential 04/18/2013 03:29 PM Pruitt White Paper on EPA Air Rules_(45287566)_(2).docx Clayton: Attached, is the document which I have tried to summarize energy related work by General Pruitt and your office. The goal is to come up with a list of actions he has taken with respect to EPA / DOI regulations through commenting in the docket or in Federal litigation. Any other suggestions of cases to add would be appreciated. The haze case is a good example. Thanks. Rod Roderick Hastie Sr Director Governmental Relations rhastie@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1937 Fax: (202) 828-3715 www.hunton.com Feb-17-2017 002793 From: To: Subject: Date: Attachments: Hastie, Roderick Clayton.Eubanks@oag.ok.gov Document - Confidential 04/18/2013 03:29 PM Pruitt White Paper on EPA Air Rules_(45287566)_(2).docx Clayton: Attached, is the document which I have tried to summarize energy related work by General Pruitt and your office. The goal is to come up with a list of actions he has taken with respect to EPA / DOI regulations through commenting in the docket or in Federal litigation. Any other suggestions of cases to add would be appreciated. The haze case is a good example. Thanks. Rod Roderick Hastie Sr Director Governmental Relations rhastie@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1937 Fax: (202) 828-3715 www.hunton.com Feb-17-2017 002848 Privileged and Confidential April 18, 2013 Attorney General Pruitt’s Strong Energy Record Attorney General Scott Pruitt Has Taken Regulatory and Legal Steps to Combat EPA Overreach, Protect Ratepayers, and Safeguard Energy Jobs CHALLENGES TO EPA’S FINDINGS AND REGULATIONS Fights Proposed Global Warming Rule: On April 13, 2012, EPA published a proposed rule that would set stringent performance standards for new fossil fuel-fired power plants, this regulation is more commonly referred to as the GHG NSPS for New Sources rule. The proposed rule is especially troubling because it would require, for the first time, coal- and natural gas-fired power plants to meet the same emissions standard. As General Pruitt correctly pointed out in his comment letter to EPA, the proposed rule “effectively forbids the construction of new coal-fired power plants for the foreseeable future.” At the time of this writing, EPA had yet to finalize the proposed rule, a delay caused, in part, by the concerns General Pruitt and others raised during the public comment period. Fights for Electric Reliability: White Stallion Energy Center, LLC v. EPA (D.C. Cir. 2012). On February 16, 2012, EPA published the Mercury and Air Toxics Standards (MATS), a final rule imposing new emissions standards on all coal- and oil-fired power plants. Despite receiving scores of critical comments from a wide range of state officials, including General Pruitt, warning that MATS would force dozens of coal-fired power plants to close, EPA forged ahead with the rule using faulty assumptions and inadequate justification. Moreover, the Agency went far beyond what is needed to regulate mercury in order to further burden these types of power plants. The unprecedented number of announced coal-fired power plant retirements over the past year show that General Pruitt and others were correct in cautioning EPA that MATS would indeed harm electric reliability. On April 14, 2012, General Pruitt and a large, bipartisan group of state Attorneys General sued EPA over this rule. The case is currently pending before the D.C. Circuit Court of Appeals. In addition, EPA responded to concerns by General Pruitt and others by issuing a reconsideration rule on March 29, 2013 that raised the limits for new coal-fired plants by as much as 25 times the standards set in the initial rule. Challenges EPA’s Grab of State Authority: EME Homer City General LP v. EPA (D.C. Cir. 2011). On August 8, 2011, EPA published a final rule on “Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals,” (CSAPR). On October 7, 2011, Oklahoma joined with fourteen other States in challenging the rule, citing its attack on state implementation plans. In part because of the arguments made by these States, the D.C. Circuit Court of Appeals vacated CSAPR in August 2012, finding that EPA “exceeded statutory authority” when crafting the rule. The defeat of this rule by the Court has been a real blow to EPA’s overreach. The Agency is now appealing the decision to the U.S. Supreme Court. 1 Privileged and Confidential April 18, 2013 Contests EPA’s Rush to Regulate CO2: Coalition for Responsible Regulation, Inc., et al v. EPA (D.C. Cir. 2009). Building on the 2007 Supreme Court decision in Massachusetts v. EPA, EPA issued the so-called Endangerment Finding, stating that greenhouse gas emissions from motor vehicles threaten both the public health and public welfare. Seventeen States, including Oklahoma, filed motions to intervene in the lawsuit challenging EPA’s Endangerment Finding. In subsequent court filings, General Pruitt and several other state Attorneys General continued to argue against the Endangerment Finding, calling it “the genesis for one of the most expansive regulatory programs ever enacted.” The D.C. Circuit upheld EPA’s Endangerment Finding and related rules in June 2012. General Pruitt and a bipartisan group of state Attorneys General are now appealing this decision to the U.S. Supreme Court. 2 From: To: Cc: Subject: Date: Attachments: Hastie, Roderick Clayton.Eubanks@oag.ok.gov Hastie, Roderick SSM Paper - Confidential 04/30/2013 02:50 PM SSM Proposal Overview.docx Summary of State SSM Comments.doc Devon Energy SSM Comment.pdf Confidential Clayton: Please find attached a short white paper with some talking points that you might find useful to cut and paste when encouraging States to file comments on the SSM rule. I am also attaching a summary of those comments as filed by States into the docket. The bulk of these request an extension. Five have submitted substantive comments – KS, MO, NE, NJ, ND. Finally, I am attaching the earlier comments filed by Devon which also focuses on the extension request. Thank you. Rod Hastie Roderick Hastie Sr Director Governmental Relations rhastie@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1937 Fax: (202) 828-3715 www.hunton.com Feb-17-2017 002850 Tel: (405) 522-8992 Fax:(405) 522-0085 clayton.eubanks@oag.ok.gov From: To: "Hastie, Roderick" , Date: 04/18/2013 03:29 PM Subject: Document - Confidential Clayton: Attached, is the document which I have tried to summarize energy related work by General Pruitt and your office. The goal is to come up with a list of actions he has taken with respect to EPA / DOI regulations through commenting in the docket or in Federal litigation. Any other suggestions of cases to add would be appreciated. The haze case is a good example. Thanks. Rod Roderick Hastie Sr Director Governmental Relations rhastie@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1937 Fax: (202) 828-3715 www.hunton.com Feb-17-2017 002895 [attachment "Pruitt White Paper on EPA Air Rules_(45287566)_(2).docx" deleted by Clayton Eubanks/OAG] Feb-17-2017 002896 From: To: Cc: Subject: Date: Attachments: Clayton Eubanks Guerard, Richard B. rhastie@hunton.com Re: Conversation this afternoon 04/26/2013 10:35 AM Pruitt Energy White Paper - CE Edits.docx Here are a few edits to the mining case paragraph. Thank you both for your work on this, AG Pruitt sincerely appreciates it. P. Clayton Eubanks Deputy Solicitor General Office of the Attorney General of Oklahoma 313 N.E. 21st Street Oklahoma City, OK 73105 Tel: (405) 522-8992 Fax:(405) 522-0085 clayton.eubanks@oag.ok.gov From: To: "Guerard, Richard B." , Cc: Date: Subject: 04/26/2013 10:06 AM Conversation this afternoon Clayton: Following up on our earlier emails re the energy white paper for General Pruitt, might you have time to speak with Rod and me this afternoon? Hope all is well. Rich Richard Guerard Government Affairs Assistant rguerard@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1541 Fax: (202) 861-3691 www.hunton.com Feb-17-2017 002931 Feb-17-2017 002932 From: To: Subject: Date: Guerard, Richard B. Clayton.Eubanks@oag.ok.gov RE: Conversation this afternoon 04/26/2013 10:24 AM Rod, is tied down a bit this morning, why don’t you give me a call at 202-955-1541… From: Clayton.Eubanks@oag.ok.gov [mailto:Clayton.Eubanks@oag.ok.gov] Sent: Friday, April 26, 2013 11:24 AM To: Guerard, Richard B. Cc: Hastie, Roderick Subject: Re: Conversation this afternoon Sorry I just missed your call, I was on another call, I am in my office now P. Clayton Eubanks Deputy Solicitor General Office of the Attorney General of Oklahoma 313 N.E. 21st Street Oklahoma City, OK 73105 Tel: (405) 522-8992 Fax:(405) 522-0085 clayton.eubanks@oag.ok.gov From: To: "Guerard, Richard B." , Cc: Date: 04/26/2013 10:06 AM Subject: Conversation this afternoon Clayton: Following up on our earlier emails re the energy white paper for General Pruitt, might you have time to speak with Rod and me this afternoon? Hope all is well. Rich Richard Guerard Government Affairs Assistant rguerard@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1541 Fax: (202) 861-3691 Feb-17-2017 002933 Feb-17-2017 002934 From: To: Cc: Subject: Date: Clayton Eubanks Guerard, Richard B. rhastie@hunton.com Re: Conversation this afternoon 04/26/2013 10:24 AM Sorry I just missed your call, I was on another call, I am in my office now P. Clayton Eubanks Deputy Solicitor General Office of the Attorney General of Oklahoma 313 N.E. 21st Street Oklahoma City, OK 73105 Tel: (405) 522-8992 Fax:(405) 522-0085 clayton.eubanks@oag.ok.gov From: To: "Guerard, Richard B." , Cc: Date: Subject: 04/26/2013 10:06 AM Conversation this afternoon Clayton: Following up on our earlier emails re the energy white paper for General Pruitt, might you have time to speak with Rod and me this afternoon? Hope all is well. Rich Richard Guerard Government Affairs Assistant rguerard@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1541 Fax: (202) 861-3691 www.hunton.com Feb-17-2017 002935 Feb-17-2017 002936 From: To: Cc: Subject: Date: Clayton Eubanks Guerard, Richard B. rhastie@hunton.com Re: Conversation this afternoon 04/26/2013 10:07 AM I am available now if you guys are. P. Clayton Eubanks Deputy Solicitor General Office of the Attorney General of Oklahoma 313 N.E. 21st Street Oklahoma City, OK 73105 Tel: (405) 522-8992 Fax:(405) 522-0085 clayton.eubanks@oag.ok.gov From: To: "Guerard, Richard B." , Cc: Date: Subject: 04/26/2013 10:06 AM Conversation this afternoon Clayton: Following up on our earlier emails re the energy white paper for General Pruitt, might you have time to speak with Rod and me this afternoon? Hope all is well. Rich Richard Guerard Government Affairs Assistant rguerard@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1541 Fax: (202) 861-3691 www.hunton.com Feb-17-2017 002937 Feb-17-2017 002938 From: To: Cc: Subject: Date: Guerard, Richard B. Clayton.Eubanks@oag.ok.gov rhastie@hunton.com Conversation this afternoon 04/26/2013 10:05 AM Clayton: Following up on our earlier emails re the energy white paper for General Pruitt, might you have time to speak with Rod and me this afternoon? Hope all is well. Rich Richard Guerard Government Affairs Assistant rguerard@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1541 Fax: (202) 861-3691 www.hunton.com Feb-17-2017 002939 From: To: Cc: Subject: Date: Guerard, Richard B. Clayton.Eubanks@oag.ok.gov Hastie, Roderick RE: Energy White Paper for General Pruitt 04/24/2013 09:06 AM Clayton, We are under no pressure here. Quite the opposite, we want to take the time to get this paper right, and we appreciate your expertise on the Farrell-Cooper and FOIA paragraphs. The end of this week is fine. I look forward to seeing your edits. Rich From: Clayton.Eubanks@oag.ok.gov [mailto:Clayton.Eubanks@oag.ok.gov] Sent: Wednesday, April 24, 2013 9:45 AM To: Guerard, Richard B. Cc: Hastie, Roderick Subject: Re: Energy White Paper for General Pruitt Rich, Thank you, I have a few changes to the Farrell-Cooper and FOIA paragraphs but it may be Thursday or Friday before I can get those to you. Are you under any time pressure on this paper? P. Clayton Eubanks Deputy Solicitor General Office of the Attorney General of Oklahoma 313 N.E. 21st Street Oklahoma City, OK 73105 Tel: (405) 522-8992 Fax:(405) 522-0085 clayton.eubanks@oag.ok.gov From: To: "Guerard, Richard B." , Cc: Date: 04/23/2013 04:58 PM Subject: Energy White Paper for General Pruitt Clayton: Rod and I met with General Pruitt yesterday, and we discussed the draft white paper outlining his work on energy and environment litigation. General Pruitt seemed enthusiastic about where our first draft stood, but Rod and I still needed more time to incorporate your edits, specifically the FOIA request, Farrell-Cooper, and the regional haze SIP/FIP challenge. Those additions are reflected in the attached version of the white paper. Please let us know Feb-17-2017 002940 about any further changes. We appreciate the opportunity to work with you and General Pruitt on this matter. Rich Richard Guerard Government Affairs Assistant rguerard@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1541 Fax: (202) 861-3691 www.hunton.com [attachment "Pruitt Energy White Paper.docx" deleted by Clayton Eubanks/OAG] Feb-17-2017 002941 From: To: Cc: Subject: Date: Clayton Eubanks Guerard, Richard B. rhastie@hunton.com Re: Energy White Paper for General Pruitt 04/24/2013 08:45 AM Rich, Thank you, I have a few changes to the Farrell-Cooper and FOIA paragraphs but it may be Thursday or Friday before I can get those to you. Are you under any time pressure on this paper? P. Clayton Eubanks Deputy Solicitor General Office of the Attorney General of Oklahoma 313 N.E. 21st Street Oklahoma City, OK 73105 Tel: (405) 522-8992 Fax:(405) 522-0085 clayton.eubanks@oag.ok.gov From: To: "Guerard, Richard B." , Cc: Date: Subject: 04/23/2013 04:58 PM Energy White Paper for General Pruitt Clayton: Rod and I met with General Pruitt yesterday, and we discussed the draft white paper outlining his work on energy and environment litigation. General Pruitt seemed enthusiastic about where our first draft stood, but Rod and I still needed more time to incorporate your edits, specifically the FOIA request, Farrell-Cooper, and the regional haze SIP/FIP challenge. Those additions are reflected in the attached version of the white paper. Please let us know about any further changes. We appreciate the opportunity to work with you and General Pruitt on this matter. Rich Richard Guerard Government Affairs Assistant rguerard@hunton.com Hunton & Williams LLP Feb-17-2017 002942 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1541 Fax: (202) 861-3691 www.hunton.com [attachment "Pruitt Energy White Paper.docx" deleted by Clayton Eubanks/OAG] Feb-17-2017 002943 From: To: Cc: Subject: Date: Attachments: Guerard, Richard B. Clayton.Eubanks@oag.ok.gov rhastie@hunton.com Energy White Paper for General Pruitt 04/23/2013 04:58 PM Pruitt Energy White Paper.docx Clayton: Rod and I met with General Pruitt yesterday, and we discussed the draft white paper outlining his work on energy and environment litigation. General Pruitt seemed enthusiastic about where our first draft stood, but Rod and I still needed more time to incorporate your edits, specifically the FOIA request, Farrell-Cooper, and the regional haze SIP/FIP challenge. Those additions are reflected in the attached version of the white paper. Please let us know about any further changes. We appreciate the opportunity to work with you and General Pruitt on this matter. Rich Richard Guerard Government Affairs Assistant rguerard@hunton.com Hunton & Williams LLP 2200 Pennsylvania Ave. NW Washington, DC 20037 Phone: (202) 955-1541 Fax: (202) 861-3691 www.hunton.com Feb-17-2017 002944