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American Tradition Institute v. National Aeronautics and Space Administration (Dr. James Hansen)

The Case

On January 19, 2011, American Tradition Institute’s Environmental Law Center filed a federal Freedom of Information Act request (PDF) with NASA, seeking records detailing whether and how ‘global warming’ activist Dr. James Hansen of NASA’s Goddard Institute for Space Studies (GISS) has complied with applicable federal ethics and financial disclosure laws and regulations, and NASA Rules of Behavior.

This request seeks records of longtime, taxpayer-funded activist Dr. Hansen, to determine whether Dr. Hansen has filed applications for outside employment, like speeches, books (emails obtained already indicate NASA staffed worked on this), cash awards and other gifts, and other support.

NASA denied ATI’s request in March in part because of a FOIA exemption that “permits the Government to withhold all information about individuals in ‘personnel and medical files’ when the disclosure of such information ‘would constitute a clearly unwarranted invasion of personal privacy.’” Also in NASA’s denial was the claim that ATI “failed to make the requisite showing with respect to Dr. Hansen’s outside activity …, namely, how these specific documents would contribute to the public’s understanding of the operations or activities of the Government, or how it would shed light on NASA’s performance of its statutory duties, such that the public’s disclosure outweighs Dr. Hansen’s privacy interest.”

On June 21, 2011 American Tradition Institute’s Environmental Law Center filed a lawsuit in federal district court in the District of Columbia to force NASA to release ethics records for Dr. Hansen. ATI maintains that NASA’s compliance with ethics laws, and a senior employee’s outside revenue-generating activities, are patently of public interest, as is clear in the Ethics in Government Act of 1978.

Case Documents (PDF)

June 21, 2011

Complaint and Prayer for Declaratory and Injunctive Relief

Exhibit 1: Jan. 19, 2011 ATI Freedom of Information Act Request

Exhibit 2: Dr. Hansen 2007 SF-278 Disclosure

Exhibit 3: Dr. Hansen 2008 SF-278 Disclosure

Exhibit 4: Dr. Hansen 2009 SF-278 Disclosure

Exhibit 5: Gavin Schmidt’s Permission to Engage in Outside Employment or Activity (Form 17-60)

Exhibit 6: NASA Initial Determination (February 15, 2011)

Exhibit 7: ATI’s Appeal Under the Freedom of Information Act (March 15, 2011)

Exhibit 8: NASA Final Determination (May 2011)

ATI Press Releases

June 29, 2011

Statement from American Tradition Institute Environmental Law Center in Response to American Association for the Advancement of Science’s Misleading Accusations Against ATI

June 21, 2011

ATI Law Center Asks Court to Force NASA to Produce Ethics and Outside Employment Records of Dr. James Hansen

March 16, 2011

ATI Environmental Law Center Appeals NASA Denial of Request for Dr. James Hansen’s Ethics Disclosures

January 19, 2011

ATI Environmental Law Center Seeks NASA Records on Dr. James Hansen

ATI Commentary

Suing NASA and UVA,” by Paul Chesser, 8/19/2011, American Spectator

Elite Science’s Selective Outrage,” by Paul Chesser, 6/29/2011, American Spectator

Lawsuit Seeks Ethics Filings of NASA’s Global Warming Activist, James Hansen,” by Christopher Horner, 6/23/2011, Big Government

NASA Must Release Records For Tax Funded Global Warming Activist,” by Christopher Horner, 6/21/2011, Townhall.com

Media Coverage

You don’t need a weatherman to know which way the wind blows,” 8/15/2011, Canada Free Press

Greens Go for the Gold, Leave Us in the Red,” 7/22/2011, Washington Times

NASA’s Inconvenient Ruse,” 7/21/2011, Forbes

Did climate scientist James Hansen personally benefit from public office?” 6/21/2011, Daily Caller

NASA Scientist Accused of Using Celeb Status Among Environmental Groups to Enrich Himself,” 6/22/2011, FoxNews.com

Conservative group sues NASA for climate scientist’s records,” 6/22/2011, The Hill

James Hansen, Government Employee, Climate Scientist on the Take,” 6/23/2011, American Thinker

Broadcast Interviews

Roger Hedgecock Show with Christopher Horner, 8/30/2011

Blogs

Bizarre: NYT follows AAAS lead on ‘FOIA requests equate to death threats,’” 6/29/2011, Watts Up With That

Climate Science Disclosures – Freedom Of Information Or Chilling Effect?” 6/29/2011, Science 2.0

AAAS campaigns to stop attacks on global warming advocates,” 6/29/2011, Behind the Black

NASA’s Hansen asked to account for outside activities,” 6/21/2011, Watts Up With That

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About American Tradition Institute

History and Founding Principles American Tradition Institute (ATI) is a public policy research and educational foundation - a "think tank" - founded in 2009 to help lead the national discussion about environmental issues, including air and water quality and regulation, responsible land use, natural resource management, energy development, property rights, and free-market principles of stewardship. American Tradition Institute utilizes a three-pronged strategy to advance responsible, economically sustainable environmental policy: Research, investigative journalism, and litigation, via our Environmental Law Center. Our combination of expert policy analysis, exposing truth, and redressing wrongs in court advances the cause of liberty, and will...

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