{{#badges:front groups|climate change}}The '''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 Denver, COColorado. According to its mission statementwebsite, "In September 2013, E&E Legal’s Board of Directors voted to to refine its focus primarily to the ATI is 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 its 501(c)(4) partner organization "American Tradition Partnership"/"[[Western Tradition Partnership]]"(ATP/WTP) are prominently associated with a public policy research and educational foundation controversy over campaign finance during the 2010 elections... founded in 2009 According to help lead the national discussion about environmental issues''Huffington Post'', including air "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 water quality spending. The state suggested WTP/ATP was involved in corruption and regulationmoney laundering."<ref name="HuffPo">Shawn Lawrence Otto, responsible land use[http://www.huffingtonpost.com/shawn-lawrence-otto/climate-scientist-wins-a-_b_1070426.html Climate Scientist Wins A Round for America], natural resource management''Huffington Post'', energy developmentNovember 1, property rights2011.</ref> Energy & Environment Legal Institute is an "associate" member of the [[State Policy Network]], and freea web of right-market principles of stewardshipwing “think tanks” in every state across the country.<ref>State Policy Network, [https://spn.org/directory/ Directory], ''State Policy Network'', 2016."</ref>
ATI According to its mission statement, E&E Legal is "engaged in strategic litigation, policy research, and public education on important energy and environmental issues" and "seeks to address and correct onerous federal and state governmental actions that negatively impact energy and the environment. E&E Legal advocates responsible resource development, sound science, respect for property rights, and a commitment to markets as it holds accountable those who seek excessive and destructive government regulation that’s based on agenda-driven 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> The group's website at one time stated that it "is part of a broader network of groups with close ties to energy interests that have long fought greenhouse gas regulation." 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)]] 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
}}</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 the American Tradition Institute (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 organisation organization with paid staff and tax-exempt status dedicated to building public opposition to state and federal government policies encouraging the wind energy industry.
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]].
===2011 Colorado Lawsuit Over Renewable Energy Standard Mandate===
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 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.
The group also released a [http://www.atinstitute.org/study-ohio%E2%80%99s-alternative-energy-mandates-will-keep-its-economy-in-a-slump/ 2011 report] with [[Beacon Hill Institute]] in favor of repealing Ohio's Alternative Energy Portfolio Standard, arguing that renewable energy would drive up electricity costs and hurt the state economy. The repeal did not move forward.
===2011 Michael Mann E-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> ''[See [[David Schnare |Schnare]]'s SourceWatch page for his response.]''
In July 2012 , the ''Guardian '' reported that ATI had begun seeking the release of scientists' communications with specific journalists -- the first time the media was being drawn into FOIA requests concerning climate science. The list of news organizations includes the ''New York Times'', the Associated Press, Frontline, and the ''Guardian''.<ref>Suzanne Goldenberg, [http://www.guardian.co.uk/environment/2012/jul/10/american-tradition-institute-climate-science "Rightwing US thinktank uses FoI laws to pursue climate scientists,"] The Guardian, July 10, 2012.</ref>
===2009 Colorado Campaign: Corporate Money and Disclosures===
:"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===
:"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 statusStatus=='''American Tradition Institute''' is 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 (though 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
|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==
===Board Members===
As of March 2014, the group's 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, the following makes up its five-member board:<ref name="2012_990"/>
* [[David W. Schnare]], Treasurer
* Nick Spyros, Chairman
* Dennis Champion, Director
* [[Greg Walcher]], Director
* [[Geoff Goble]], Director
As of June 2013:<ref name="staff">American Tradition Institute, [http://www.atinstitute.org/about/staff-board-of-directors/ "Senior Staff & Board"], organizational website, accessed June 2013</ref>
*Nick Spyros
===Staff===
As of June 2013March 2014:<ref>American Tradition Institute, [http://eelegal.org/?page_id=293 Senior Leadership], organizational website, accessed March 10, 2014.</ref><ref name="staffFellows">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]], JD – Director of Litigation, Environmental Law Center *DrSenior Legal Fellow. Horner is also a Senior Fellow at the [[David WCompetitive Enterprise Institute]].<ref>Competitive Enterprise Institue, "[https://cei. Schnareorg/about/staff Staff]]– Director, Environmental Law Center " 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 [[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 Outreach at the [[John W. Pope 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 include''':<ref name="atiwho">{{cite web
*[[Paul Chesser]], Executive Director
*Mark Newgent, Associate Research Fellow
==Core Financials==
'''2012''':<ref name="2012_990"/>
* Total Revenue: $553,953
* Total Expenses: $407,810
* Net Assets: $159,927
'''2011''':<ref>American Tradition Institute, [https://bulk.resource.org/irs.gov/eo/2012_12_EO/26-4239065_990_201112.pdf 2011 Form 990], organizational annual IRS filing, November 15, 2012.</ref>
* Total Revenue: $319,580
* Total Expenses: $422,148
* Net Assets: $13,784
'''2010''':<ref name="2010_990">American Tradition Institute, [https://bulk.resource.org/irs.gov/eo/2011_06_EO/26-4239065_990_201012.pdf 2010 Form 990], organizational annual IRS filing, May 25, 2011.</ref>
==Articles and resourcesResources=====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