EDF Calls on Energy Secretary, National Archives to Ensure Proper Preservation of Records

(Washington, D.C. -- February 10, 2026) The Environmental Defense Fund has sent letters to U.S. Secretary of Energy Christopher Wright and officials at the National Archives calling on them to uphold federal law and properly preserve records of political appointees’ correspondence regarding Trump administration activities that attacked longstanding protections for human health and welfare. 

“Trump administration officials have used personal email accounts to conduct official government business relating to the operations of the so-called Climate Working Group – which was illegally convened in secret by Energy Secretary Wright in an attempt to undermine climate science,” said EDF Senior Attorney and Director of Clean Air and Energy Markets Erin Murphy. “We are concerned that political appointees may be failing to preserve emails related to the Trump administration’s harmful attack on the Endangerment Finding in order to keep these important records secret."

Documents that were recently disclosed to EDF and the Union of Concerned Scientists under court order show that Trump administration officials at the Department of Energy (DOE) used personal email addresses to conduct government business — including business involving the U.S. Environmental Protection Agency (EPA) and the White House. By law, government employees may not create or send records from a nonofficial electronic account unless they make sure the record is also submitted to an official account within 20 days so it can be preserved. 

The records were disclosed as part of a lawsuit brought by EDF and UCS challenging the secret formation and work of the Climate Working Group (CWG). The disclosed emails were clearly created for official DOE business purposes. They discuss DOE’s oversight of the CWG and coordination with EPA and the White House while the CWG developed a report to support the Trump EPA’s proposed repeal of the Endangerment Finding –EPA’s determination, supported by mountains of scientific evidence, that climate 
pollution threatens human health and welfare. 

The records show extensive use of personal email accounts by DOE political appointees to conduct government business, with intention to avoid records rules: 

• In an April 24, 2025, email sent from a personal account, a DOE political appointee emailed the members of the CWG and described DOE discussions with the White House and EPA. (Attachment 1 at 28, Bates 16021). The email included sharing that “Wright and [EPA Administrator Lee] Zeldin are traveling together today, so we should have an answer soon”— referring to a pending decision about the deadline for the CWG to complete a controversial report disputing the overwhelming scientific evidence about climate change. 
• On July 1, 2025, a DOE political appointee sent an email from a personal account to other DOE political appointees and the CWG members to inform the group that “the draft notice of proposed rulemaking from EPA was circulated earlier today for interagency review”— presumably referring to EPA’s proposed rule to repeal the Endangerment Finding. (Attachment 1 at 39-40, Bates 17250-17251). 
• On July 19, 2025, a DOE political appointee, from a personal address, sent an email “to warn [CWG members] that all the reviewer materials will be coming from my DOE account ... please keep in mind that my DOE emails (and your replies) will be easily discoverable by outside parties.” (Attachment 1 at 3, Bates 160). 

EDF sent letters to Secretary Wright and the National Archives yesterday stressing the importance of their legal duties to preserve federal records and to release those records to the public when requested, as required by the Federal Records Act and the Freedom of Information Act (FOIA).  

The Federal Records Act requires that agency heads like Secretary Wright ensure the preservation of federal records; and requires the National Archivist to notify agency heads of any unlawful destruction of agency records, to ensure their recovery, and to ask the Attorney General to initiate action to recover federal records if the agency head does not do so. 

Under FOIA, agencies must promptly make records available to the public when   requested. Government records, even if they are initially held in a personal email account or elsewhere outside of the government, are subject to FOIA. (See Competitive Enter. Inst. v. Office of Sci. & Tech. Policy, 827 F.3d 145, 149 (D.C. Cir. 2016)).