The ''To do: disentangle content 'Energy & Environment Legal Institute''' (E&E Legal) (formerly the '''American Tradition Institute''' (ATI)) is a 501(c)(3) nonprofit headquartered in Washington, DC; and formerly also headquartered in Colorado. According to its website, "In September 2013, E&E Legal’s Board of Directors voted to to refine its focus primarily to the area of strategic litigation, and to change its name in order to reflect more accurately its work in the legal arena."<ref name="About_2014"/> The name "American Tradition Institute" and that of WTIits 501(c)(4) partner organization "American Tradition Partnership"/ATI from "[[Western Tradition Partnership|]]" (ATP/WTP) are prominently associated with a controversy over campaign finance during the 2010 elections. According to the ''Huffington Post'', "During the 2010 elections, the Montana Commission of Political Practices found that the organization broke state campaign laws by failing to register as a political committee or report its donors and spending. The state suggested WTP/ATPwas involved in corruption and money laundering."<ref name="HuffPo">Shawn Lawrence Otto, [http://www.huffingtonpost.com/shawn-lawrence-otto/climate-scientist-wins-a-_b_1070426.html Climate Scientist Wins A Round for America], ''Huffington Post'', November 1, 2011.</ref> Energy & Environment Legal Institute is an "associate" member of the [[State Policy Network]]; either that, or merge a web of right-wing “think tanks” in every state across the two pagescountry.<ref>State Policy Network, [https://spn.org/directory/ Directory], ''State Policy Network'', 2016.</ref>
The '''American Tradition Institute''' (ATI) is a 501(c)(3) nonprofit headquartered in Washington, DC and in Denver, CO. According to its mission statement, the ATI E&E Legal is "a public engaged in strategic litigation, policy research , and public education on important energy and educational foundation ... founded in 2009 to help lead the national discussion about environmental issues, including air " and "seeks to address and correct onerous federal and water quality state governmental actions that negatively impact energy and regulation, the environment. E&E Legal advocates responsible land use, natural resource managementdevelopment, energy developmentsound science, respect for property rights, and freea commitment to markets as it holds accountable those who seek excessive and destructive government regulation that’s based on agenda-market principles of stewardshipdriven policy making, junk science, and hysteria."<ref name="About_2014">Energy & Environment Legal Institute, [http://eelegal.org/?page_id=1657 About], organizational website, accessed March 2014.</ref>
:But The group's website at one time stated that it "the Colorado-based American Tradition Institute is part of a broader network of groups with close ties to energy interests that have long fought greenhouse gas regulation. Our investigation also finds that ATI " The group has "connections with the [[Koch brothers]], [[Art Pope]] and other conservative donors seeking to expand their political influence," reported the Institute for Southern Studies in October 2011.<ref name=iss>{{cite web
|publisher=The Institute for Southern Studies
|title=SPECIAL INVESTIGATION: Who's behind the 'information attacks' on climate scientists? -
}}</ref>
In 2011, E&E Legal (then ATI ) sued the University of Virginia to get access to the emails of climatologist [[Michael Mann]].
==Background - ==When ATI was formed in 2009/2010, it sprung from a [[501(c)(4)(?) WTP (]] group called the [[Western Tradition Partnership]], which was formed in Colorado in 2008)==. :"The [[Western Tradition Partnership]] (WTP)...[was] a political advocacy group backed primarily by the energy industry. It was first registered as a Colorado nonprofit [501(c)(4)] in 2008 by Scott Shires, a Republican operative who pleaded guilty that same year to fraudulently obtaining federal grants to develop alternative fuels."<ref name=hpotto>{{cite web
|publisher=Huffington Post
|title=Climate Scientist Wins A Round for America
}}</ref>
:"In 2010 WTP changed its name to American Tradition Partnership (ATP), and announced that it had launched the American Tradition Institute, a [[501(c)(3)]] think tank that would be "battling radical environmentalist junk science head on." The "junk science" ATP seems most concerned with is what the US National Academy of Sciences says should now be regarded as "settled facts" -- that the Earth is warming and humans are the likely cause."<ref name=hpotto /> ==Ties to the Coal Industry== ATI legal fellow Chris Horner was to be featured as a speaker at the 2015 Coal and Investment Leadership Forum, an invitation-only retreat that brings together coal industry executives, Republican donors, and other "stakeholders," according to an invitation obtained by the Center for Media and Democracy and reported on by ''The Guardian''. Others named in the 2015 invitation included likely presidential candidate [[Jeb Bush]], [[Tennessee Valley Authority]] president Bill Johns, and "the owners and chief executives of coalmining and energy companies" including [[Alliance Resource Partners]], [[Alpha Natural Resources]], [[Consol Energy]], [[Drummond Company]], [[Arch Coal]], and [[United Coal Company]].<ref name="goldenberg coal forum">Suzanne Goldenberg, "[http://www.theguardian.com/us-news/2015/may/29/jeb-bush-closed-door-meeting-coal-industry-barons Jeb Bush cozies up to coal industry barons at closed-door meeting]," ''The Guardian'', May 29, 2015.</ref> According to ''The Guardian'', :The invitations to the three-day forum promise access to influential figures – including a potential future occupant of the White House – in a relaxed setting, with time for cocktails, golf lessons, and fishing. The $7,500 fee does not include lodging. :"Once again, significant time will also be available for golf, fly fishing, one-on-one meetings and small VIP discussion groups, which is the hallmark of this conference," the invitation reads.<ref name="goldenberg coal forum"/> ==Activities=====Subverting Wind Power===On May 8, 2012, the ''Guardian'' posted a [http://www.guardian.co.uk/environment/interactive/2012/may/09/wind-power-memo confidential memo] prepared by a fellow of then-ATI that advises how to build a national movement of wind farm protesters. Among its main recommendations, the proposal calls for a national PR campaign aimed at causing "subversion in message of [wind] industry so that it effectively becomes so bad that no one wants to admit in public they are for it." It suggests setting up "dummy businesses" to buy anti-wind billboards, and creating a "counter-intelligence branch" to track the wind energy industry. It also calls for spending $750,000 to create an organization with paid staff and tax-exempt status dedicated to building public opposition to state and federal government policies encouraging the wind energy industry.
==IRS status==The proposal was discussed at a meeting of self-styled 'wind warriors' from across the country in Washington DC in February 2012. Participants included members of conservative groups such as [[Committee for a Constructive Tomorrow]] and [[Tea Party Patriots]].
The proposal was reviewed by [[John Droz]] Jr., a senior fellow at ATI, for discussion at the Washington meeting, which he also organised. ATI''American Tradition Institute'' s executive director, [[Tom Tanton]], told the Guardian that Droz had acted alone on the memo, although he remains a fellow at ATI. Droz is a longtime opponent of wind farms, arguing that the technology has not yet been proven and that wind technology should not receive government support. He claims 10,000 subscribers to his anti-wind-power email newsletter. In a telephone interview, Droz said the dba name Washington strategy session was his own initiative, and that neither he nor any of the ''Western Tradition Institute'' 501(c)(3)participants had been paid for attending the session. Guidestar lists it as EIN #264239065<ref>Suzanne Goldberg, ruling date 07[http://www.guardian.co.uk/environment/2012/may/200908/conservative-thinktanks-obama-energy-plans "Conservative thinktanks step up attacks against Obama's clean energy strategy: Confidential memo seen by Guardian calls for climate change sceptics to turn American public against solar and wind power,"] The Guardian, May 8, 2012. </ref>
Confusingly, there are two versions of its 2010 IRS Form 990 online - an original return by Scott Shires available on Guidestar[http://www.guidestar.org/FinDocuments/2010/264/239/2010-264239065-07517752-9.pdf] and an amended return by another preparer available at the Institute for Southern Studies[http://www.southernstudies.org/sites/default/files/ATI_990_2010_final.pdf] (but no return yet at ERI[http://www.eri-nonprofit-salaries.com/index.cfm?FuseAction=NPO.Summary&EIN=264239065&Cobrandid=0] as of 2011-11-05).''The original return shows 30 volunteers and 1 independent director where the amended return shows 3 volunteers and 3 independent directors (though only one is named), and there are also other differences.''Colorado Lawsuit Over Renewable Energy Standard Mandate===
==Actions=====On April 4, 2011 , then-ATI, the American Tradition Partnership and plaintiff Rod Lueck [http://www.atinstitute.org/american-tradition-institute-v-state-of-colorado-constitutionality-of-renewable-energy-standards/ sued] the State of Colorado lawsuit and several officials over the constitutionality of the state’s Renewable Energy Standard mandate===. The RES requires the state’s major utilities (mainly Xcel Energy) to obtain 30 percent of their power generation from renewable sources by the year 2020.
On April 4, The group also released a [http://www.atinstitute.org/study-ohio%E2%80%99s-alternative-energy-mandates-will-keep-its-economy-in-a-slump/ 2011report] with [[Beacon Hill Institute]] in favor of repealing Ohio's Alternative Energy Portfolio Standard, ATI, the American Tradition Partnership and plaintiff Rod Lueck sued the State of Colorado arguing that renewable energy would drive up electricity costs and several officials over the constitutionality of hurt the state’s Renewable Energy Standard mandatestate economy. The RES requires the state’s major utilities (mainly Xcel Energy) to obtain 30 percent of their power generation from renewable sources by the year 2020repeal did not move forward.
===2011 Michael Mann eE-mails===
In 2011 , then-ATI issued a [[FOIA ]] request to the University of Virginia for emails sent by climate scientist Michael Mann during his tenure at that university. On May 25, 2011, an agreement was reached in which UVA agreed to release 9000 documents to ATI within 90 days.{{fact}}
But on November 2, 2011, a Virginia county circuit judge issued a procedural ruling<ref>{{cite web
}}</ref>
What had changed? University of Virginia court filings<ref>ATI v. UVA, [http://www.ucsusa.org/assets/documents/scientific_integrity/ATI-UVA-support-memorandum.pdfsupport memorandum]</ref><ref>ATI v. UVA, [http://www.ucsusa.org/assets/documents/scientific_integrity/ATI-UVA-Kast-affidavit.pdfKast affidavit] </ref> had argued that ATI publicity and actions of ATI principals [[David W. Schnare]] and [[Christopher Horner]] - who were both the attorneys and the petitioners in this case - had raised serious questions about whether as attorneys with these dual roles they could be trusted to abide by the previous ruling's requirement to keep the content of the exempt emails private.<ref>{{cite web
|publisher=Union of Concerned Scientists
|title=Timeline: Legal Harassment of Climate Scientist Michael Mann
|url=http://www.ucsusa.org/scientific_integrity/abuses_of_science/va-ag-timeline.html
|accessdate=2011-11-03
|quote=October 18: UVA files a petition with the court to alter the protective order, agreeing that it would be inappropriate to disclose exempt emails to ATI. In a supporting memorandum and a more extensive affidavit, UVA attorney Richard Kast outlines two concerns: first, regarding statements that ATI attorneys made on their website and in the press, and second, regarding how ATI attorney [[David Schnare ]] represented his employment with the United States Environmental Protection Agency.}}</ref>; according to one affidavit''[See [[David Schnare |Schnare]]'s SourceWatch page for his response.]'' In July 2012, Schnare the ''Guardian'' reported that ATI had initially neglected to mention that he begun seeking the release of scientists' communications with specific journalists -- the first time the media was still employed by being drawn into FOIA requests concerning climate science. The list of news organizations includes the ''New York Times'', the Environmental Protection AgencyAssociated Press, then when challengedFrontline, asserted that the EPA had given him permission to do outside work such as this lawsuit for ATI; but and the EPA denied having given Schnare this permission''Guardian''.<ref>Suzanne Goldenberg, [http://www.ucsusaguardian.co.orguk/environment/assets2012/documentsjul/scientific_integrity10/ATIamerican-tradition-UVAinstitute-Kastclimate-affidavitscience "Rightwing US thinktank uses FoI laws to pursue climate scientists,"] The Guardian, July 10, 2012.pdf]</ref>
===2009 Colorado campaigns - corporate money Campaign: Corporate Money and disclosuresDisclosures=== :"In 2009, the group sued Longmont, CO over their Fair Campaign Practices Act. The city settled and agreed to drop disclosure requirements. In 2010, after the U.S. Supreme Court's Citizens United decision, WTP/ATP successfully challenged the constitutionality of the Montana Corrupt Practices Act of 1912, which prohibited independent political expenditures by corporations."<ref name=hpotto /> ==Disciplinary actionsActions=====2010 Montana ruling: group broke state campaign laws - suggesting corruption and money launderingRuling===
:"During the 2010 elections, the Montana Commission of Political Practices found that the organization broke state campaign laws by failing to register as a political committee or report its donors and spending. The state suggested WTP/ATP was involved in corruption and money laundering. They found that it solicited unlimited contributions to support candidates and then passed them through a "sham organization," the Bozeman-based political action committee The Coalition for Energy and the Environment that ran attack ads against Democrats. WTP told corporations that it aimed to combat "radical environmentalists" and "beat them at their own game" and that their contributions would remain secret."<ref name=hpotto />
==Funding and IRS Status==
'''American Tradition Institute''' was the dba name of the '''Western Tradition Institute''' 501(c)(3). Guidestar lists it as EIN #264239065, ruling date 07/2009. The IRS still reports the group with that EIN as being called the "Western Tradition Institute" as of March 2014, despite two intervening name changes.<ref>U.S. Internal Revenue Service, [http://apps.irs.gov/app/eos/pub78Search.do?ein1=264239065&names=&city=&state=All...&country=US&deductibility=all&dispatchMethod=searchCharities&submitName=Search Exempt Organizations Select Check], government agency website, accessed March 10, 2014.</ref>
E&E Legal does not fully disclose its funders. However, the following list of its 2010 funders revealed by the [[Institute for Southern Studies]]:<ref>American Tradition Institute, [http://www.southernstudies.org/sites/default/files/ATI_990_2010_final.pdf 2010 Form 990], organizational annual IRS filing obtained by the Institute for Southern Studies, October 17, 2011.</ref>
* [[American Tradition Partnership]] (ATP, ATI's sister organization): $40,000
* [[Atlas Economic Research Foundation]]: 5,000
* [[Doug Lair]]: $5,000
* [[Lair Family Foundation]]: $135,000
The [[Atlas Economic Research Foundation]] -- which received over $1 million in funding from Exxon Mobil between 1998 and 2011; $122,300 from the Koch foundations between 1997 and 2008; and $735,000 from the Pope Foundation between 1997 and 2008<ref name="HuffPo"/" -- gave then-ATI a further $15,000 in 2011.<ref>Atlas Economic Research Foundation, [https://bulk.resource.org/irs.gov/eo/2012_12_EO/94-2763845_990_201112.pdf 2011 Form 990], organizational annual IRS filing, November 1, 2012.</ref>
According to ATI's 2010 IRS Form 990, its personnel are all volunteers; whether some<ref>(David Schnare replied that he's not.)</ref> are paid by ATI's sister 501(c)(4), [[Western Tradition Partnership]], is unknown, as that group did not file a return with the IRS that year.<ref>Guidestar.org, 2011-12-02</ref> The group's 2012 Form 990 (which still, despite being filed in November 2013, lists the group as ATI despite the group's website stating that it had changed its name in September 2013) still lists no compensated employees, and "other salaries and wages" of only $8,830 for the year.<ref name="2012_990">American Tradition Institute, [https://bulk.resource.org/irs.gov/eo/2014_01_EO/26-4239065_990_201212.pdf 2012 Form 990], organizational annual IRS filing, November 21, 2013.</ref>
There are two versions of its 2010 IRS Form 990 online, an [http://www.guidestar.org/FinDocuments/2010/264/239/2010-264239065-07517752-9.pdf original return] by Scott Shires available on Guidestar and an [http://www.southernstudies.org/sites/default/files/ATI_990_2010_final.pdf amended return] by another preparer available at the Institute for Southern Studies. The original return shows 30 volunteers and 1 independent director where the amended return shows 3 volunteers and 3 independent directors (although only one is named), and there are also other differences.
The ATI website's About page says that "ATI accepts no government grants, and our financial backing has to date primarily derived from a broad and growing base of grassroots contributors."<ref>{{cite web
|publisher=American Tradition Institute
|title=About
|url=http://www.atinstitute.org/about/
|accessdate=2011-11-05
}}</ref> In 2010, $140k of its $186k of funding reportedly came from Doug Lair (whose family sold Lair Petroleum to William Koch in 1989)<ref name="iss" /> and the Lair Family Foundation. (The remainder was $1k from memberships, $40k from the [[American Tradition Partnership]], and $5k from [[Atlas Economic Research Foundation]]).<ref>Institute for Southern Studies, [http://www.southernstudies.org/sites/default/files/ATI_990_2010_final.pdf ATI 2010 990]</ref>
==Partnership with George Mason University School of Law==
As of 2012, the George Mason Environmental Law Clinic (GMELC) at [[George Mason University]] served as the attorneys for then-ATI, according to GMELC's 2012 IRS filing.<ref name="GMELC_2012_990">George Mason Environmental Law Clinic, [https://bulk.resource.org/irs.gov/eo/2013_06_EO/45-1602963_990EZ_201212.pdf 2012 Form 990], organizational annual IRS filing, May 11, 2013.</ref> The clinic was led by the following people:
* [[David W. Schnare]], Law Clinic Director and Board Director
* [[Steven Gold]], Board Director
* [[Michael Thompson]], Board Director
* [[Christopher C. Horner]], Litigation Attorney
As of May 2013, the billable hours for then-ATI cases were shared between ATI and GMELC, with the division being made on a case-by-case basis.<ref name="GMELC_2012_990"/>
GMELC is now known as the "Free Market Environmental Law Clinic" (FME Law). According to its website, "the Directors of FME Law engaged in a friendly and supportive discussion with the Dean of the George Mason University School of Law and recognized that the clinic could better perform its function by servicing multiple law schools as a stand-alone clinic. The Board thus directed a name change to reflect this broadened purpose. Until completion of the legal transition to its new name, the Clinic is doing business as the Free Market Environmental Law Clinic but must retain its original name for banking and tax purposes." It goes on to explain, "It remains in close cooperation with George Mason University’s School of Law and provides both academic courses and clinical opportunities for GMU Law students and is expanding its externship program to other law schools that have a doctrinal focus on law and economics."<ref>Free Market Environmental Law Clinic, [http://fmelawclinic.org/?page_id=36 Donations], organizational website, accessed March 11, 2014.</ref>
==Personnel==
===Unusual org. structure - as of 2010, nobody is paid Board Members===According to ATIAs of March 2014, the group's amended 2010 website references a "five member Board of Directors,"<ref name="About_2014"/> and [[Greg Walcher]] is listed as a board member,<ref name="Fellows"/> but no other board members are listed. But as of the November 2013 filing of its 2012 IRS Form 990 filing, it has no paid employeesthe following makes up its five-member board:<ref name="2012_990"/> * [[David W. Schnare]], Treasurer* Nick Spyros, Chairman* Dennis Champion, 3 volunteersDirector* [[Greg Walcher]], and 3 independent voting members Director* [[Geoff Goble]], Director As of the governing bodyJune 2013:<ref name="staff">American Tradition Institute, [http://www. ''(It's possible that these pro bono workers are compensated by ATP insteadatinstitute.)''org/about/staff-board-of-directors/ "Senior Staff & Board"], organizational website, accessed June 2013</ref>*Nick Spyros*Dennis Champion
'''Former board members include''':<ref name===Board Members==="atiwho"/>ATI's 2010 Form 990 reports 3 directors, but lists only one, as [[*Dan Reed]].*John Reed
The website lists 3 as of Nov. 2011:<ref name="atiwho"/>
*[[Nick Spyros]], Haymarket, VA
*[[Dennis Champion]], Palmdale, CA
* John Reed, Denver, CO
===Staff===
From ATIAs of March 2014:<ref>American Tradition Institute, [http://eelegal.org/?page_id=293 Senior Leadership], organizational website, accessed March 10, 2014.</ref><ref name="Fellows">American Tradition Institute, [http://eelegal.org/?page_id=1688 Fellows & Advisors], organizational website, accessed March 10, 2014.</ref> * Dr. [[David W. Schnare]], General Counsel* [[Christopher C. Horner]], Senior Legal Fellow. Horner is also a Senior Fellow at the [[Competitive Enterprise Institute]].<ref>Competitive Enterprise Institue, "[https://cei.org/about/staff Staff]," organizational website, accessed May 2015.</ref>* Tom Tanton, Director, Science & Technology Assessment* Craig Richardson, Executive Director* Amy Oliver Cooke (energy policy expert and blogger for the [[Independence Institute]], Colorado's website as [[State Policy Network]] [[Portal: State Policy Network|pressure group]]), Senior Media Fellow* [[Steve Milloy]] (founder and publisher of [[JunkScience.com]]), Senior Policy Fellow* Jenna Ashley Robinson (Director of NovOutreach at the [[John W. 2011Pope Center for Higher Education Policy]] and former E.A. Morris Fellowship Assistant at the [[John Locke Foundation]], North Carolina's [[SPN member]]), Senior Policy Fellow* George Taylor (founder of [[Palmetto Energy Research]]), Senior Policy Fellow* [[Greg Walcher]] (President, [[Natural Resources Group]]; former head of the Colorado Department of Natural Resources; former President, [[Club 20]]), Board Member and Senior Policy Fellow '''Former staff areinclude''':<ref name="atiwho">{{cite web
|publisher=American Tradition Institute
|title=Staff & Board of Directors
|accessdate=2011-11-05
}}</ref>
*[[Paul Chesser]], Executive Director*Mark Newgent, "who WTP/ATP describes as a Associate Research Fellow ==Core Financials== '''2012''noted climate scholar.' But Chesser is not a scientist.":<ref name=hpotto "2012_990"/>*[[David W. Schnare]], Director of ATI's Environmental Law Center.*[[Christopher C. Horner]], Senior Fellow.*[[Mark Newgent]], Associate Research Fellow.
* Total Revenue: $553,953
* Total Expenses: $407,810
* Net Assets: $159,927
==Funding '''2011''':<ref>American Tradition Institute, [https://bulk.resource.org/irs.gov/eo/2012_12_EO/26- asserted v4239065_990_201112.pdf 2011 Form 990], organizational annual IRS filing, November 15, 2012. actual==</ref>
The ATI website* Total Revenue: $319,580* Total Expenses: $422,148* Net Assets: $13,784 '''2010's About page says that '':<ref name="ATI accepts no government grants, and our financial backing has to date primarily derived from a broad and growing base of grassroots contributors.2010_990"<ref>{{cite web|publisher=American Tradition Institute|title=About|url=http, [https://wwwbulk.atinstituteresource.org/aboutirs.gov/|accessdate=eo/2011_06_EO/26-4239065_990_201012.pdf 2010 Form 990], organizational annual IRS filing, May 25, 2011-11-05}}.</ref>. In 2010 * Total Revenue: $186, 000* Total Expenses: $140k of its 70,140* Net Assets: $186k of funding reportedly came from Doug Lair (whose family sold Lair Petroleum to William Koch in 1989)116, 352 '''2009''':<ref name="iss2010_990" /> and the Lair Family Foundation. (The remainder was * Total Revenue: $1k from memberships10, 000* Total Expenses: $40k from the [[American Tradition Partnership]]9, and 508* Net Assets: $5k from 492 ==Contact Details== 722 12th St., NW, 4th Floor<br>Washington, D.C. 20005<br>Phone: (202) 785-8301<br>Email: Info AT eelegal.org<br>Web: http://eelegal.org/<br>Twitter: [[Atlas Economic Research Foundationhttps://twitter.com/EELegal @EELegal]])<br>Facebook: https://www.facebook.com/Energy.Environment.Legal '''Former Contact Details:''' 2020 Pennsylvania Avenue, #186<br>Washington, D.C. [20006 1601 Blake Street, Suit 310<br>Denver, CO 80202 E-mail: info AT atinstitute.org<br>Facebook: http://www.southernstudiesfacebook.orgcom/sitesAmericanTraditionInstitute<br>Twitter: http:/default/filestwitter.com/ATI_990_2010_final.pdf]ATIEnergyEnvrmt ==Articles and Resources==
==Articles and resources=====References==={{reflist|2}}===Related SourceWatch articlesArticles===
*[[Western Tradition Partnership]]
===External resourcesResources===[http://www.atinstitute.org American Tradition Institute website] (http://www.atinstitute.org/ - not to be confused with the [[American Tradition Partnership]] website at http://www.americantradition.org/ )
===External articlesArticles===
*Sue Sturgis, [http://www.southernstudies.org/2011/10/special-investigation-whos-behind-the-information-attacks-on-climate-scientists.html "SPECIAL INVESTIGATION: Who's behind the 'information attacks' on climate scientists?"] Facing South, Oct. 31, 2011
===References===
{{reflist|2}}
[[Category:SPN Exposed]][[Category:Front groups portal]][[Category:Front groups]][[Category:Climate change]][[Category:Renewable energy]][[Category:Think tanks]]