The Bernhardt Group’s Lobbying for Antofagasta’s Copper and Nickel Mine on the Edge of the Boundary Waters, Q3 2025

The Bernhardt Group, the lobbying shop set up just down the street from the White House by Trump’s former Secretary of the Interior David Bernhardt, is now the sole firm lobbying for Antofagasta’s Twin Metals project on the edge of the Boundary Waters (as I noted back in July). The Group’s third quarter disclosure reports income of $110,000 for lobbying on “mine leasing issues” on behalf of Twin Metals. That’s more than double The Bernhardt Group’s Twin Metals Q2 2025 income ($40K), and toward the high end of what other clients pay per quarter.

Bernhardt’s firm has been lobbying for the Twin Metals project in both the House and the Senate and at the White House, the Department of the Interior, and, notably, DOJ. (I am a little surprised that there is no mention here of the Department of Agriculture.) At DOJ, The Bernhardt Group was likely helping to devise and coordinate the legal strategy that saw the federal government do an about-face, join forces with Twin Metals, and get the case before the DC District Court put on ice.

It’s worth reading this latest disclosure in light of a piece by Brendan Bordelon, Amanda Chu, and Caitlin Oprysko that appeared a couple of days ago in Politico, about the reduced influence of non-Trump affiliated lobbying firms and the concentration of lobbying in one place: the presidency. The article offers a K-Street perspective on Congress’ abdication, the destruction of the administrative state, and the rise of a corrupt personalist regime.

The president and a handful of lieutenants have seized full control over policies once considered the remit of Congress and experts at agencies, including hyperspecific issues like tariff rates, high-skilled visa fees and funding freezes. Trump’s gravitational pull has forced CEOs to act as their companies’ top lobbyists, plying the president with gifts and concessions to secure their policy priorities. [emphasis mine]

Let’s pause here for clarification. These policies were not just “once considered the remit of Congress and experts at agencies.” They are lawfully the remit of Congress, but Congress remains supine or, worse, bent over and taking it. Meanwhile, the administration is ridding itself of all those pesky experts at the agencies and conducting sloppy and unlawful “reviews” of its own, as the Department of Agriculture recently did with the Rainy River watershed withdrawal.

Politico puts it more politely than I ever could, but the thrust of the reporting here is no less troubling. As Sam Bagenstos remarked yesterday, “per [Politico], the lobbyists are basically treating Article I as dead.”

The new dynamic has transformed the business of Washington influence, shutting out many veteran lobbyists and excluding even longtime experts from the most important policy fights in Washington. With Congress and the agencies often sidelined, outside lobbying firms and in-house specialists — many with decades of policy experience and cross-party relationships — are declining in importance….

The legislative branch is losing importance as Republicans — in charge of both chambers — take their cues from the White House to a degree that’s unprecedented in modern politics.

“Congress has basically taken itself out of the equation,” said Rich Gold, a Democrat who heads lobbying and law firm Holland & Knight’s public policy and regulation group. “There is a perception that Democrats have not fought back, and Republicans have basically ceded all their authority to the president.”

The same is true at federal agencies, which once operated more independently but are now closely responsive to the president himself.

From K Street’s point of view, there’s only one lever consistently worth pulling — and it sits in the Oval Office.

But rest assured: the lobbying world is adapting.

Despite the upheaval on K Street, Washington’s lobbying sector is on track to earn more money than in any year since 2010, adjusted for inflation — driven by corporations’ mix of enthusiasm and concern about what Trump is doing.

That revenue is flowing away from established firms with policy expertise and robust networks of cross-party contacts, and toward a handful of rising firms able to open the Oval Office door.

The Bernhardt Group is, of course, one such firm.

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#abdication #corruption #governmentCapture #governmentCollapse #kleptocracy #lobbying #personalistRegime #resourceHoarding #Water

David Bernhardt Sets Up His Own Shop to Lobby (indirectly) For Twin Metals

I missed this June Politico story about David Bernhardt breaking with Brownstein Hyatt and setting up his own lobbying shop at 1455 Pennsylvania Avenue NW, just a block away from the White House. T…

lvgaldieri

AI, GDP, and the Singularity

The Federal Reserve Bank of Dallas published this chart of AI Scenarios back in June. I came across it for the first time today.

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#artificialIntelligence #dataCenters #degrowth #economicGrowth #electricity #extinction #growthImperative #hoarding #resourceHoarding #singularity #Water

The Boundary Waters Litigation is on Hold, Again.

I’ve been traveling for the past week or so, and haven’t had a chance until this morning to publish these latest filings in Twin Metals v. US. (For background, see this, this, this, and this, among many other posts.)

As those who have been following the case are aware, in March of 2025, just a month after he was sworn in, Secretary of the Interior Doug Burgum did an about-face and joined the plaintiffs (a foreign mining company with plans to mine nickel and copper and on the edge of the Boundary Waters). At the time, the parties requested that this case be put on hold, or held in abeyance. A group of small businesses and non-profits involved in the case as Defendant-Intervenors that I have been calling the Civil Society group did not join the government in that request.

The motion for abeyance granted (back in July), Burgum and the mining company’s lawyers and lobbyists then had 90 days to find a way around the provisions and protections put in place by the Biden administration. Those 90 days have nearly come and gone. So on October 1 they requested and on October 7 the court granted another 180 days.

90 days was not enough time to do all they had to do. Pete Stauber failed to smuggle a Boundary Waters blowout sale into the budget bill, but Interior managed to revoke the legal opinion that recognized the federal government’s authority to say “no” to the mining company. (That legal work had mostly already been done by solicitor Daniel Jorjani in the first year of the first Trump administration.)

Now Doug Burgum and the mining company lawyers and lobbyists need to find a way to revive the Chilean conglomerate’s cancelled leases and do something about the preference right lease applications that the previous administration denied. That will ultimately require doing something about the 20-year Rainy River watershed mineral withdrawal, which Secretary of Agriculture Brooke Rollins claims a “review” determined to be unnecessary.

The federal government is currently shut down and the case in the DC Circuit Court of Appeals is now on hold until April, 2026. For the sake of good housekeeping, here are the court documents.

1 October 2025 Joint Status ReportDownload 7 October 2025 180 day abeyanceDownload

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Here’s the Deputy Secretary of the Interior Doing the Bidding of a Foreign Mining Company

2025-07-17-memo-reinstating-m-37049Download On the very same day that the DC District Court of Appeals issued its per curiam opinion putting the Boundary Waters litigation on hold for 90 days, Depu…

lvgaldieri

The Trump administration's push for mining on the edge of the Boundary Waters now becomes part of a larger, unapologetic territory and resource grab. This belligerence casts the story I've been following for the past -- what? decade? -- in a harsh new light. Trying to get my head around this.

#kleptocracy #water #boundarywaters #lakesuperior #mining #resourcehoarding