Interior Secretary David Bernhardt Confirmed Despite Extensive Conflicts from Oil and Gas Lobbying Career

The Senate confirmed David Bernhardt as Interior Secretary on April 11, 2019, by a vote of 56 to 41 despite extensive conflicts of interest from his career as an oil and gas lobbyist. A Center for American Progress analysis determined Bernhardt had the dubious distinction of being the most conflicted of all 31 of President Trump’s Cabinet-level nominees, with 20 direct conflicts when comparing ethics filings with lobbying disclosure data. Bernhardt previously worked as a shareholder at Colorado law firm Brownstein Hyatt Farber Schreck, where he lobbied for oil, gas, and agricultural interests. Analysis by watchdog group Documented showed that Bernhardt’s former lobbying clients had at least 70 meetings with the Department of the Interior while he served as Deputy Secretary.

Background

Bernhardt had so many potential conflicts of interest that he carried an index card listing companies and people he should avoid, and he initially had to recuse himself from “particular matters” directly affecting 26 former clients. This unprecedented situation required an Interior Secretary to maintain a physical list of his own conflicts to avoid violating ethics rules in daily operations. The Interior Department manages vast public lands, offshore drilling, endangered species protections, and natural resources - all areas where Bernhardt’s former clients had direct financial interests worth billions of dollars.

Just four days after Senate confirmation, the Interior Inspector General opened an investigation into Bernhardt’s past work on behalf of California’s Westlands Water District and other former clients. The revolving door between Bernhardt’s lobbying practice and Interior leadership position exemplified the systematic capture of regulatory agencies by the industries they were supposed to oversee. Bernhardt’s confirmation came after he spent over a year as Deputy Secretary and Acting Secretary, during which time he made numerous policy decisions that aligned with his former clients’ interests.

Significance

Bernhardt’s confirmation represented the triumph of industry capture over public interest in managing America’s natural resources. The 70+ meetings between his former clients and Interior officials while he held senior positions created obvious opportunities for preferential access and favorable treatment. His need to carry a “conflict card” acknowledged the impossibility of serving the public interest while maintaining so many industry relationships. The Senate’s decision to confirm him despite these unprecedented conflicts demonstrated Republican prioritization of industry profits over environmental protection and ethical governance. The immediate opening of an IG investigation just days after confirmation validated concerns about Bernhardt’s conflicts. His tenure exemplified how Trump systematically installed former lobbyists to dismantle the regulations they previously fought against on behalf of corporate clients.