March 12, 2019
By First Class Mail
The Honorable Julie E. Adams
Secretary of the Senate
Room S-312
U.S. Capitol
Washington, D.C. 20510-7116
The Honorable Cheryl L. Johnson
Clerk of the U.S. House of Representatives
Room H154
U.S. Capitol
Washington, D.C. 20510-6601
Honorable Jessie K. Liu
U.S. Attorney for the District of Columbia
555 4th Street, NW
Washington, DC 20530
Re:

Lobbying Disclosure Act Violations/Faegre Baker Daniels
Consulting/Andrew Wheeler

Dear Secretary Adams, Clerk Johnson, and Ms. Liu:
Campaign for Accountability (“CfA”) is writing to call your attention to a serious
violation of the Lobbying Disclosure Act (“LDA” or “the Act”) by the lobbying firm of Faegre
Baker Daniels Consulting (“Faegre Baker”) and one of its lobbyists, Andrew Wheeler, in
connection with their representation of Energy Fuels Resources, Inc. (“Energy Fuels”). CfA
respectfully requests that you investigate Faegre Baker and Mr. Wheeler and take all appropriate
action to ensure compliance with the Act as required by 2 U.S.C. § 1605(a)(7)&(8).
Additionally, given Faegre Baker’s continued failure to file accurate disclosure reports, CfA
respectfully requests that you investigate whether the firm, and Mr. Wheeler, knowingly and
willfully filed inaccurate disclosures in violation of the False Statements Act, 18 U.S.C. §
1001(c)(1).
Background
On August 10, 2018, CfA asked the Secretary of the Senate and the Clerk of the House of
Representatives to open an investigation into Faegre Baker’s lobbying work on behalf of Energy

611 Pennsylvania Ave., S.E. #337  Washington, D.C. 20003  (202) 780-5750
campaignforaccountability.org

 Ms. Julie E. Adams, Ms. Cheryl L. Johnson, and Ms. Jessie K. Liu
March 12, 2019
Page 2
Fuels.1 The company is a U.S. subsidiary of a Canadian mining company that owns the nowdormant Daneros uranium mine located within the original boundaries of the Bears Ears National
Monument in Utah. In addition, Energy Fuels owns the nation’s only uranium processing mill,
located just outside the original boundaries of the Bears Ears National Monument. Energy Fuels
told regulators that the construction of nuclear plants in Asia would lead to higher prices for
uranium in an effort to justify the reopening of the Daneros mine. The mine would not be
allowed to reopen, however, as long as it remained within the boundaries of the Bears Ears
National Monument.2
CfA requested an investigation to determine whether Mr. Wheeler and Faegre Baker
violated the LDA by failing to file a timely lobbying registration report regarding its work for
Energy Fuels and whether the firm and Mr. Wheeler violated the LDA by filing an inaccurate
Third Quarter 2017 Lobbying Disclosure Report. 3 By its own admission, Faegre Baker was
retained to lobby on behalf of Energy Fuels on February 1, 2017, but the lobbying firm did not
file its Lobbying Registration with the Senate and House of Representatives until April 12,
2017.4 Faegre Baker should have registered to lobby on behalf of Energy Fuels no later than
March 16, 2017, failing to meet the statutory deadline for nearly a month. Despite CfA’s
complaint, the firm still has not filed any amended or updated forms regarding its registration on
behalf of Energy Fuels.
Additionally, on July 17, 2017, Faegre Baker lobbyists Mr. Wheeler and former Rep.
Mary Bono, along with Energy Fuels Vice President for Operations William Paul Goranson, met
with Interior Department Deputy Chief of Staff for Policy Development Downey Magallanes and
Energy Policy Counselor Vincent DeVito to discuss changing the boundaries of the Bears Ears
National Monument.5 When Faegre Baker filed its initial Third Quarter 2017 Lobbying
Disclosure Report on October 20, 2017, however, the report did not name Mr. Wheeler as a
lobbyist, and it disclosed only that Faegre Baker lobbied the House of Representatives and the
Senate, but failed to disclose contacts with the Department of Interior. 6 Following CfA’s
complaint, on August 29, 2018 – nearly one year after Faegre Baker filed the original report –
1

Letter from Daniel Stevens, Executive Director of Campaign for Accountability, to Julie E. Adams, Secretary of
the Senate, and Karen L. Haas, Clerk of the U.S. House of Representatives, August 10, 2018, available at
https://campaignforaccountability.org/government-watchdog-calls-for-investigation-of-acting-epa-chief-andrewwheeler-for-multiple-lobbying-disclosure-violations/.
2
Juliet Eilperin, Uranium Rirm Urged Trump Officials to Shrink Bears Ears National Monument, Washington Post,
December 8, 2017, available at https://www.washingtonpost.com/national/health-science/uranium-firm-urgedtrump-officials-to-shrink-bears-ears-national-monument/2017/12/08/2eea39b6-dc31-11e7-b1a862589434a581_story.html.
3
Letter from Daniel Stevens to Julie E. Adams and Kare L. Haas, Aug. 10, 2018.
4
Faegre Baker Daniels Consulting Lobbying Registration Report on behalf of Energy Fuels Resources Inc.,
Secretary of the Senate, Office of Public Records, available at
https://soprweb.senate.gov/index.cfm?event=getFilingDetails&filingID=650CA957-C312-43BF-9030BBCAB46D09D5&filingTypeID=1.
5
Eilperin, Washington Post, Dec. 8, 2017.
6
Faegre Baker Daniels Consulting, Third Quarter 2017 Lobbying Disclosure Report on behalf of Energy Fuels
Resources Inc., Secretary of the Senate, Office of Public Records, available at
https://soprweb.senate.gov/index.cfm?event=getFilingDetails&filingID=E1CDED28-0D69-49CC-BEF79970EB92BEAE&filingTypeID=69.

 Ms. Julie E. Adams, Ms. Cheryl L. Johnson, and Ms. Jessie K. Liu
March 12, 2019
Page 3
the firm filed an amended report that included Mr. Wheeler’s activity and disclosed for the first
time that Faegre Baker had lobbied the Interior Department as well as the Environmental
Protection Agency (“EPA”).7
At that time, Faegre Baker also filed an amended Second Quarter 2017 Lobbying
Disclosure Report that revealed the firm had lobbied EPA during that quarter as well. 8 The
amended second quarter report did not, however, disclose any lobbying contacts with the Interior
Department.
New Information
On March 4, 2019, Roll Call reported that documents obtained through a Freedom of
Information Act (“FOIA”) request revealed that Mr. Wheeler had lobbying contacts with the
Interior Department during the second quarter of 2017:
“I worked on energy and environmental policy for Mr. Trump during the
campaign. I have a client that I would like to get before the Secretary, Energy
Fuels,” Wheeler wrote in a March 27 email to Amanda Kaster, at the time one of
Zinke’s aides.
“They have two uranium facilities bordering each side of Bears Ears national
monument in Utah. They can come to DC at any time. What is the best way for
me to request a meeting with the Secretary? I’m just not sure who I should reach
out to,” Wheeler said.
On April 5, Wheeler, Energy Fuels executive William Paul Goranson, and Darrin
Munoz, another lobbyist at Faegre Baker Daniels, met with Kathleen Benedetto,
at the time a senior adviser to Zinke, according to visitor logs and Benedetto’s
schedule. Her schedule was first obtained by independent journalist Jimmy Tobias
via a public records request.
Through an Interior spokeswoman, Benedetto said she alone took the meeting and
Zinke did not participate. Zinke’s personal schedule has an hourlong period, 30
minutes after the meeting began, during which his whereabouts are unaccounted
for.9

7

Faegre Baker Daniels Consulting, Third Quarter 2017 Lobbying Disclosure Report, Amended, on behalf of Energy
Fuels Resources Inc., Secretary of the Senate, Office of Public Records, available at
https://soprweb.senate.gov/index.cfm?event=getFilingDetails&filingID=CB76DAA2-5261-4B64-883BF8B13979B539&filingTypeID=73
8
Faegre Baker Daniels Consulting, Second Quarter 2017 Lobbying Disclosure Report, Amended on August 29,
2018, on behalf of Energy Fuels Resources Inc., Secretary of the Senate, Office of Public Records, available at
https://soprweb.senate.gov/index.cfm?event=getFilingDetails&filingID=F2291161-13E6-419A-9B136B9016F550EC&filingTypeID=64.
9
Jacob Holzman, Seeking to Shrink Bears Ears, Uranium Firm Met With Interior Before Review, Roll Call, March
4, 2019, available at https://www.rollcall.com/news/congress/bears-ears-uranium-firm-hearing.

 Ms. Julie E. Adams, Ms. Cheryl L. Johnson, and Ms. Jessie K. Liu
March 12, 2019
Page 4
Neither Faegre Baker’s original Second Quarter 2017 Lobbying Disclosure Report, nor
its amended reports, disclose any lobbying contacts with the Interior Department. 10 Notably, the
subject of the omitted meeting was controversial, suggesting the omission may have been
intentional.11 The matter is currently under investigation by the U.S. House of Representatives 12
Violations of the Lobbying Disclosure Act
Faegre Baker and Mr. Wheeler appear to be in violation of the Lobbying Disclosure Act
despite their amended filings. As you know, the Lobbying Disclosure Act defines the term
“lobbying contact” broadly to include “any oral or written communication . . . to a covered
executive branch official . . . that is made on behalf of a client with regard to . . . the
formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other
program, policy, or position of the United States Government.” 13 Similarly, the definition of
“covered executive branch official” is broadly defined to include “any officer or employee
serving in a position in level I, II, III, IV, or V of the Executive Schedule” as well as “any officer
or employee serving in a position of a confidential, policy-determining, policy-making, or
policy-advocating character.”14
Faegre Baker’s April 5, 2017 meeting with senior Department of Interior officials clearly
constituted a reportable lobbying contact under the Lobbying Disclosure Act. Interior
Department Senior Advisor Kathleen Benedetto is a “covered executive branch official” within
the meaning of 2 U.S.C. § 1602(3)(D)&(F).15 Moreover, the express purpose of the meeting was
to seek a modification of the boundaries of the Bears Ears National Monument established by
Proclamation 9558 of December 28, 2016 as part of the review process established by Executive
Order 13792.16
A lobbying firm registered with the Senate and the House of Representatives under the
Lobbying Disclosure Act is required to file quarterly activity reports each of which must include
(1) “a list of the specific issues upon which a lobbyist employed by the registrant engaged in
lobbying activities, including, to the maximum extent practicable . . . references to specific

10

Faegre Baker filed its initial Second Quarter 2017 report on July 20, 2017. Faegre Bake filed its first amended
report on August 11, 2017 and its second amended report on August 9, 2018. See Faegre Baker Daniels Consulting,
Second Quarter 2017 Lobbying Disclosure Report on behalf of Energy Fuels Resources Inc., Secretary of the
Senate, Office of Public Records; Faegre Baker Daniels Consulting, Second Quarter 2017 Lobbying Disclosure
Report, Amended on August 11, 2017, on behalf of Energy Fuels Resources Inc., Secretary of the Senate, Office of
Public Records, available at https://soprweb.senate.gov/index.cfm?event=getFilingDetails&filingID=FCFA58F1E065-479B-B3B4-A22719EC8604&filingTypeID=64; Faegre Baker Daniels Consulting, Second Quarter 2017
Lobbying Disclosure Report, Amended on August 20, 2018, on behalf of Energy Fuels Resources Inc., Secretary of
the Senate, Office of Public Records.
11
Brian Maffly, Oil and Coal Drove Trump’s Call to Shrink Bears Ears and Grand Staircase, According to Insider
Emails Released by Court Order, The Salt Lake Tribune, March 2, 2018.
12
Holzman, Roll Call, Mar. 4, 2019.
13
2 U.S.C. § 1602(8)(A)(ii).
14
2 U.S.C. § 1602(3)(D)&(F).
15
https://projects.propublica.org/graphics/beachhead.
16
2 U.S.C. § 1602(8)(A)(ii); Holzman, Roll Call, Mar. 4, 2019.

 Ms. Julie E. Adams, Ms. Cheryl L. Johnson, and Ms. Jessie K. Liu
March 12, 2019
Page 5
executive branch actions,”17 and (2) “a statement of the Houses of Congress and the Federal
agencies contacted by lobbyists employed by the registrant on behalf of the client.” 18
It is clear that Faegre Baker and Mr. Wheeler violated both of these LDA reporting
requirements. First, Faegre Baker and Mr. Wheeler failed to disclose that they had been retained
by Energy Fuels to lobby with regard to the Interior Department’s review of the boundaries of
the Bears Ears National Monument. The Secretary and the Clerk have made it abundantly clear
in their guidance that when a registrant identifies the specific issue for which it has been retained
to lobby “the quarterly activity report must . . . always contain information that is adequate,
standing alone, to inform the public of the specific lobbying issues.” 19 Describing its work for
Energy Fuels as lobbying on “[g]eneral energy issues related to uranium mining and milling”
provided absolutely no notice to the public that the firm and its lobbyists would be attempting to
influence the Interior Department’s review of the boundaries of the Bears Ears National
Monument required by President Trump in Executive Order 13792. Accordingly, Faegre Baker
and Mr. Wheeler violated 2 U.S.C. § 1604(b)(2)(A) when they filed the original and amended
Second Quarter 2017 Lobbying Disclosure Reports for Energy Fuels.
Second, Faegre Baker and Mr. Wheeler failed to disclose that they had made lobbying
contacts at the Interior Department with regard to the boundaries of the Bears Ears National
Monument. The Lobbying Disclosure Act requires registrants to provide a statement on each
quarterly activity report of the “Houses of Congress and the Federal agencies contacted” by
lobbyists on behalf of their client.20 Faegre Baker and Mr. Wheeler only disclosed on their
Second Quarter 2017 Lobbying Report for Energy Fuels (in both the original report and in the
amended reports) that they made lobbying contacts with the Senate and the House of
Representatives; their April 5, 2017 lobbying contacts with the Interior Department were not
disclosed on the Second Quarter 2017 Lobbying Disclosure Report. Accordingly, Faegre Baker
and Mr. Wheeler violated 2 U.S.C. § 1604(b)(2)(B) when they filed their original Second
Quarter 2017 Lobbying Disclosure Report for Energy Fuels, and when they filed the Amended
Second Quarter 2017 Lobbying Disclosure Report on August 29, 2018.
Finally, the continued inaccuracies of Faegre Baker’s Lobbying Disclosure Reports raise
questions about whether the firm intentionally filed inaccurate reports with the House of
Representatives and the Senate. Notably, Energy Fuels retained Faegre Baker beginning
February 1, 2017, and within two months, lobbyist Mr. Wheeler sent an email to an Interior
Department official seeking a meeting on behalf of Energy Fuels. Despite this almost immediate
action on behalf of its client, Faegre Baker failed to disclose this meeting for nearly two years.
Additionally, the Interior Department’s decision to review the boundaries of America’s national
monuments and downsize Bears Ears in a way that would benefit Energy Fuels was so
controversial that it is under investigation by a congressional committee and is the subject of
several lawsuits. Given that Faegre Baker failed to disclose a meeting about this controversial
17

2 U.S.C. § 1604(b)(2)(A)(emphasis added).
2 U.S.C. § 1604(b)(2)(B).
19
U.S. Congress, Secretary of the Senate and Clerk of the House of Representatives, Lobbying Disclosure Act
Guidance at 19 (January 31, 2017)(emphasis added)(hereinafter “LDA Guidance).
20
2 U.S.C. § 1604(b)(2)(B)(emphasis added).
18

 Ms. Julie E. Adams, Ms. Cheryl L. Johnson, and Ms. Jessie K. Liu
March 12, 2019
Page 6
topic on its original disclosure report and on its amended reports, CfA respectfully requests an
investigation into whether Faegre Baker knowingly and willfully filed inaccurate Lobbying
Disclosure Reports in violation of the False Statements Act, 18 U.S.C. § 1001(c)(1).
Conclusion
Faegre Baker Daniels Consulting and Andrew Wheeler committed serious violations of
the Lobbying Disclosure Act by failing to disclose lobbying contacts they made with a covered
executive branch official at the Interior Department in connection with their successful effort to
change the boundaries of the Bears Ears National Monument for the commercial benefit of
Energy Fuels Resources, Inc. Therefore, CfA respectfully requests that you initiate an
investigation r and take all appropriate action to ensure compliance with the Act as required by 2
U.S.C. § 1605(a)(7)&(8), and determine whether Faegre Baker and Mr. Wheeler intentionally
submitted erroneous reports in violation of 18 U.S.C. § 1001(c)(1).
Sincerely,

Daniel Stevens
Executive Director