Written by Steve Horn, crossposted from DeSmogBlog.
Last year, a hydraulic fracturing ("fracking") chemical fluid disclosure "model bill" was passed by both the Council of State Governments (CSG) and the American Legislative Exchange Council (ALEC). It proceeded to pass in multiple states across the country soon thereafter, but as Bloomberg recently reported, the bill has been an abject failure with regards to "disclosure."
That was by design, thanks to the bill's chief author, ExxonMobil.
Originating as a Texas bill with disclosure standards drawn up under the auspices of the Obama Administration's Department of Energy Fracking Subcommittee rife with oil and gas industry insiders, the model is now codified as law in Colorado, Pennsylvania, and Illinois.
Bloomberg reported that the public is being kept "clueless" as to what chemicals are injected into the ground during the fracking process by the oil and gas industry.
"Truck-Sized" Loopholes: Fracking Chemical Fluid Non-Disclosure by Design
"Drilling companies in Texas, the biggest oil-and-natural gas producing state, claimed similar exemptions about 19,000 times this year through August," explained Bloomberg. "Trade-secret exemptions block information on more than five ingredients for every well in Texas, undermining the statute’s purpose of informing people about chemicals that are hauled through their communities and injected thousands of feet beneath their homes and farms."
For close observers of this issue, it's no surprise that the model bills contain "truck-sized" loopholes.
"A close reading of the bill...reveals loopholes that would allow energy companies to withhold the names of certain fluid contents, for reasons including that they have been deemed trade secrets," The New York Times explained back in April.
Disclosure Goes Through FracFocus, PR Front For Oil and Gas Industry
The model bill that's passed in four states so far mandates that fracking chemical fluid disclosure be conducted by FracFocus, which recently celebrated its one-year anniversary, claiming it has produced chemical data on over 15,000 fracked wells in a promotional video.
The reality is far more messy, as reported in an August investigation by Bloomberg.
"Energy companies failed to list more than two out of every five fracked wells in eight U.S. states from April 11, 2011, when FracFocus began operating, through the end of last year," wrote Bloomberg. "The gaps reveal shortcomings in the voluntary approach to transparency on the site, which has received funding from oil and gas trade groups and $1.5 million from the U.S. Department of Energy."
This moved U.S. Representative Diana DeGette (D-CO) to say that FracFocus and the model bills it would soon be a part of make a mockery of the term "disclosure."
"FracFocus is just a fig leaf for the industry to be able to say they’re doing something in terms of disclosure," she said.
"Fig leaf" is one way of putting it.
Another way of putting it is "public relations ploy." As Dory Hippauf of ShaleShock Media recently revealed in an article titled "FracUNfocusED," FracFocus is actually a PR front for the oil and gas industry.
Hippauf revealed that FracFocus' domain is registered by Brothers & Company, a public relations firm whose clients include America’s Natural Gas Alliance, Chesapeake Energy, and American Clean Skies Foundation - a front group for Chesapeake Energy.
Given the situation, it's not surprising then that "companies claimed trade secrets or otherwise failed to identify the chemicals they used about 22 percent of the time," according to Bloomberg's analysis of FracFocus data for 18 states.
Put another way, the ExxonMobil's bill has done exactly what it set out to do: business as usual for the oil and gas industry.
Written by Steve Horn, crossposted from DeSmogBlog
There's an old German proverb that goes, "Whose bread I eat his song I sing."
Enter a recent spate of reportage by the Public Broadcasting System's (PBS) "Newshour." In a September 17 story titled, "Climate Change Skeptic Says Global Warming Crowd Oversells Its Message" (with a URL titled, "Why the Global Warming Crowd Oversells its Message") the Newshour "provided an unchecked platform for Anthony Watts, a virulent climate change denier funded by the Heartland Institute," as described by Forecast the Facts.
Forecast the Facts created a petition demanding that the "PBS ombudsman...immediately investigate how this segment came to be aired," stating that, "This is the kind of reporting we expect from Fox News, not PBS."
Very true, this is exactly the type of reporting we've come to expect out of Rupert Murdoch's Fox News, a cable "news" network that provides a voice for right-wing propagandists on all policy issues, including climate change denial. But perhaps expectations are too high for PBS' "Newshour" and we should've expected exactly what we got: a friendly platform for the climate change denying merchants of doubt.
What's at play here goes above and beyond a single bad story by "Newshour." Rather, it's a small piece and the result of an aggressive campaign that's been going on for nearly two decades to destroy public television in the public interest.
Based on the shift in how the "Newshour" has funded itself over the years, it's evident that the once-esteemed "MacNeil/Lehrer NewsHour" streamed on the Public Broadcasting System has transformed PBS into what investigative reporter Greg Palast calls the "Petroleum Broadcasting System."
"Petroleum Broadcasting System" Sponsored by Chevron, Koch Industries, ExxonMobil, Et Al
In an October 2010 story, Palast pointed out that the "Newshour" is funded by Chevron in critiquing its softball coverage of the BP oil disaster. This led him to refer to PBS as the "Petroleum Broadcasting System."
Above and beyond funding from Chevron, "Newshour" also lists Burlington Northern Santa Fe (BNSF), owned by Warren Buffett under the auspices of Berkshire Hathaway, as a sponsor. As previously reported here on DeSmog, BNSF - the second largest freight rail company in the U.S. behind Union Pacific - is a major transporter of tar sands infrastucture to the Alberta tar sands. It's also a major mover of coal being sent to coastal terminals and exported to Asia.
BNSF also inked a deal in June 2012 with U.S. Silica Holdings Inc. to "build and run a major warehousing operation...to store sand destined for the Eagle Ford Shale." The Texas-based Eagle Ford Shale basin, like all shale basins, requires vast amounts of fracking sand (aka sillica sand) in order to tap into the gas located deep within the shale reservoir. This sand predominantly comes from western Wisconsin's "sand land," as we explained in a recent short documentary.
The San Antonio Business Journal explained the situation in-depth:
The proposed facility, scheduled to open in early 2013, will be constructed on 290 acres of land the railroad purchased late last year. It will be able to store up to 15,000 tons of sand used by drillers during the hydraulic fracturing process to release oil and gas from dense shale rock.
The Fort Worth-based railway will haul up to 40,000 tons of silica sand and other products per month to San Antonio from U.S. Silica operations in Ottawa, Ill., and Rochelle, Ill.
To top it off, Buffett himself has major personal investments in Big Oil, as we've written about on DeSmog. As of August 2011, he owned 29.1 million shares of stock in ConocoPhillips, 421,800 shares of stock in ExxonMobil, and 7.777 million shares of stock in General Electric, all three of which are involved in various aspects of the tar sands extraction industry and the shale gas extraction industry.
In sum, BNSF is cashing in big time from the shale gas boom, the tar sands boom, and the coal export boom.
Koch Industries - a major Heartland Institute funder and key behind its founding - has also funded PBS' "Nova" to the tune of $7 million. ExxonMobil has also provided funds to PBS' "Nova," "Nightly Business Report" and "Masterpiece Theatre." Both ExxonMobil and Koch Industries are among the top funders of the climate change denial machine.
The Plan: Cut Public Funding, Make PBS Rely on Fossil Fuel Industry Money
Looking at the situation more broadly, it's important to understand that PBS didn't always rely on fossil fuel industry largesse to keep itself afloat.
Rather, over the past two decades, PBS has been under attack by the Republican Party, with constant threats and a coordinated campaign to defund a network originally set up to be a public educational service via the Public Broadcasting Act of 1967.
As explained in a February 2011 ABC News story,
One of Newt Gingrich's first acts as speaker of the House in 1995 was to call for the elimination of federal funding for CPB, and for the privatization of public broadcasting. Neither attempt was successful, though it did keep the hot-button issue in the limelight for years.
During the early 2011 budget debates, ABC explained that "The House Republicans' budget would rescind any funding for the Corporation for Public Broadcasting -- which partially supports these two organizations -- for the remainder of the year, and zero out millions in funds after that."
President Barack Obama joined in on the attack on public television with his "bipartisan deficit commission" -- referred to as the "Catfood Commission" by FireDogLake -- calling for "eliminating funding for the CPB, estimating that it would save the government $500 million in 2015," ABC explained. His Republican Party opponent for the 2012 presidential race, Mitt Romney, has also called for the defunding of PBS.
Private funding of what was originally supposed to be a publicly-funded television station comes with its own agenda. This agenda departs from the mission set out by the 1967 Act, which deemed it "in the public interest to encourage the growth and development of public...television broadcasting, including the use of such media for instructional, educational, and cultural purposes" and said it "should be created...to afford maximum protection from extraneous interference and control."
The New York Times said it best in a May 2008 story: benevolent corporate underwriting of public television is "increasingly out of step with the...needs of corporations" as they don't "sponsor public television programs for purely philanthropic reasons."
Plenty of Money for PSYOPs Campaigns Abroad
Even PBS President Paula Kerger has internalized the message that the U.S. government is "broke," stating after the latest attempt to defund NPR by House Republicans, "While we understand the many difficult decisions appropriators must make and that the nation is facing challenging economic times, if enacted, such drastic cuts in federal funding could have a devastating effect on public television stations."
Far from being strapped for cash, though, the U.S. government has plenty of money to spend on overseas psychological operations (PSYOPs) campaigns around the world of the sort covered by DeSmog during the shale gas industry's PSYOPs revelation of November 2011.
Media scholar Bob McChesney explained this phenomenon in a March 2011 Democracy Now! appearance, during the middle of the previous round of PBS funding cuts debate in the U.S. House of Representatives:
You know, currently the United States spends roughly twice as much money bankrolling international broadcasting — Voice of America and the various Radio Martís and things like that — than it does paying for domestic public broadcasting and community broadcasting, roughly twice as much — $750 million, roughly, last year. And the idea of raising that and putting more propaganda out to sort of enhance the view of the United States vis-à-vis other nations of the world is entirely the wrong way to go.
That $750 million is more than the $500 President Obama said the U.S. could save by slashing publicly-funded media. In leiu of public funding, American citizens are being shafted with fossil fuel-funded disinformation here at home, while subsidizing it with their tax dollars abroad.
Unless we see big changes in funding for public television, it'll continue to be a standard operating procedure for outlets like PBS to transform into iterations of the newfangled "Petroleum Broadcasting System" - and to end where we began - play the game of "Whose bread I eat his song I sing."
Image Credit: Forecast the Facts
At a recent meeting of the Council on Foreign Relations, ExxonMobil CEO Rex Tillerson laid down some knowledge on the general public, which he referred to as "lazy" and "illiterate." Mr. Tillerson is supremely confident that technology will solve the problems of resource extraction and climate change, if those "problems" even exist. Here are some of the highlights:
Think the tar sands are destructive and dirty?
“There are always technological solutions to these challenges and the risk associated with resource development.”
Worried about hydraulic fracturing ruining groundwater and damaging the environment?
“If you look at the technologies that are front and center today around the shale resources -- hydraulic fracturing, horizontal drilling, the integration of those technologies, how we drill these wells, how we protect fresh water zone, how we protect emissions -- we have all of that engineered.”
"And the consequences of a misstep by any member of our industry -- and I'm speaking again about the shale revolution -- the consequences of a misstep in a well, while large to the immediate people that live around that well, in the great scheme of things are pretty small, and even to the immediate people around the well, they could be mitigated."
Well. Rex thinks the permanent poisoning of your water well is "in the great scheme of things are pretty small." Good to know.
Worried about Global climate change, rising seas, crippling drought?
“And as human beings as a -- as a -- as a species, that's why we're all still here. We have spent our entire existence adapting, OK? So we will adapt to this. Changes to weather patterns that move crop production areas around -- we'll adapt to that. It's an engineering problem, and it has engineering solutions. And so I don't -- the fear factor that people want to throw out there to say we just have to stop this, I do not accept."
Have high hopes for electric cars and renewable energy as a solution to the coming climate change related problems?
“No, I think we're not [going to use electric cars], which is why I'm not optimistic because it is a -- it's a very, very difficult science-physics problem to overcome.”
So when it comes to pumping more oil and gas from the ground, the answer is “yes, we can,” but when we talk about reducing carbon and the technologies required to do it, Tillerson sings a different tune.
Wake up and smell the frack fluid! But don't ask what's in it, at least not in Ohio, cause it's still not your right to know.
Ohio is in the final stages of making an Exxon trojan horse on hydrofracking into state law, and it appears that the American Legislative Exchange Council (ALEC) connected Exxon's lawyers with co-sponsors of Ohio Senate Bill 315: at least 33 of the 45 Ohio legislators who co-sponsored SB 315 are ALEC members, and language from portions of the state Senate bill is similar to ALEC's "Disclosure of Hydraulic Fracturing Fluid Composition Act."
...disclosure of fracking fluids? On behalf of ExxonMobil?!
Frack fluids include unknown chemicals that gas drillers mix with sand and large amounts of water. The mixture is pumped underground at high pressure in order to retrieve gas and oil by fracturing shale formations. These are the chemicals that have caused widespread concern among residents near gas fracking operations, concerns echoed by doctors who don't know how to treat patients harmed by exposure to chemicals that oil companies keep secret. Oil companies like XTO Energy, a subsidiary of ExxonMobil, the first company lined up to drill in Ohio's Utica shale.
Concern over unconventional energy like gas fracking may be the reason by Ohio SB 315 also addresses clean energy standards and drilling regulations. While the new law will allow doctors to obtain disclosure of fracking chemicals, it places a gag order on them...meaning some chemicals aren't disclosed to the public at all (Cleveland Plain Dealer). Instead, chemicals that subsidiaries of Big Oil use during fracking can remain exempt from public disclosure as "trade secrets," mirroring language of ALEC's model law.
What's most suspicious is that seven of the ten Ohio Senators co-sponsoring SB 315 are ALEC members, as are 26 of the 35 co-sponsoring Representatives.*
Among the co-sponsors are Ohio Senate President Tom Niehaus and state Senator Troy Balderson. Senators Niehaus and Balderson are members of ALEC's Energy, Environment and Agriculture task force, which approved the fracking "disclosure" bill internally sponsored by ExxonMobil, modeled after a Texas bill (see New York Times and ProPublica).**
Four of the co-sponsors of SB 315 attended ALEC's meeting in Scottsdale, AZ, although it is unclear which (if any) of them may have been inside the EEA task force meeting the day that the fracking chemical loophole bill was discussed and approved:***
- Rep. Cheryl Grossman
- Rep. Casey Kozlowski
- Rep. Louis Terhar
- Rep. Andrew Thompson
Some co-sponsors became ALEC members in the lead up to ALEC's late 2011 meeting in Scottsdale, AZ, where the fracking disclosure loophole model bill was finalized by ALEC's Energy, Environmental and Agriculture task force. Emails between representatives of ALEC, the Ohio state government and Time Warner Cable's Ed Kozelek show that last-minute recruitment of new ALEC members before the Scottsdale meeting brought in three state legislators who ended out co-sponsoring SB 315 (PDF pp. 71-76): Rep. Lou Terhar, Rep. Brian Hill and Sen. Bob Peterson (who was appointed to the Ohio Senate in 2012).
Head spinning yet? Let's summarize:
- Exxon pushed the fracking loophole bill through ALEC's [anti]environment task force,
- A couple of key Ohio legislators directly involved in that task force brought the bill back home...
- ...and then a pile of Ohio legislators used ALEC's model to mold Exxon's Ohio fracking disclosure loopholes into state law!
Beyond their involvement in these ALEC task force meetings, Exxon and API were involved in the creation of a similar fracking bill through the Council of State Governments before the ALEC model even existed. As if being a Private Empire isn't enough...
ALEC, CSG, OMG!
ALEC isn't the only group that peddles corporate-written state laws, as DeSmogBlog's Steve Horn pointed out in a blog on state fracking bills and the "Council of State Governments." With direct financial support from Exxon, API, TransCanada and others, the Council of State Governments (CSG) drafted a similar fracking chemical "disclosure" bill two months before ALEC's was internally approved, although they both appear to be modeled off of a Texas law.
While one of the co-sponsoring Senators of Ohio SB 315, Troy Balderson, is a member of CSG Midwest's Energy Committee, Ohio politicians aren't part of the Suggested State Legislature (SSL) committee that vetted the Council's version of the fracking bill. Because of that disconnect and the overwhelming influence of ALEC politicians sponsoring SB 315, ALEC appears to be the keeper of Exxon's fracking secrets in Ohio.
Regardless of the varying influence of groups like ALEC and CSG forging Big Business state laws, ExxonMobil is getting what it wants. According to Don't Frack Ohio!--a project of 350:
- Fracking companies can hide which chemicals they use in the fracking process by calling them ‘trade secrets’. That means they are exempt from telling you what they put in your water. What little they do disclose is 60 days after drilling takes place, too late for communities to test to show what was in their water before drilling, rendering the disclosure meaningless.
- The gas industry pays nothing for the mess they create. Gov. Kasich’s minor tax on individual wells is offset by new tax breaks on property taxes and other giveaways, which means the gas industry will pay less in Ohio taxes than they do in any other state in the country.
- No citizen notification or input will be allowed on any part of the fracking industry. There is no public notice, no public comment, and no right to appeal for drill sites, pipelines, or compressor stations.
Ohio Governor John Kasich has numerous ties to ALEC and was "involved with ALEC in its formative years," but he called for SB 315 to include full disclosure of chemicals used in hydraulic fracturing. Senators replaced true disclosure requirements with Exxon's loopholes and ALEC Representatives decided to leave them.
ALEC secrecy in Ohio
ALEC legislators have found ways to make their moves harder to track in light of repeated exposure of ALEC's pollution of democracy in the United States over the last year, and sometimes existing state laws don't help. Ohio's financial disclosure forms for legislators specifically mention that expenses or reimbursements from ALEC conferences do not need to be publicly disclosed. In Ohio and other states, ALEC dodges lobby laws through corporate-funded "scholarship" programs that are thoroughly documented by the Center for Media and Democracy through open records requests.
People for the American Way and Progress Ohio report that ALEC's scholarship fund in Ohio is financed donations from the American Petroleum Institute, Duke Energy, Reynolds Tobacco, and other major corporations interested in buying the loyalty of Ohio lawmakers.
I'm sure you'd understand if you were in the same position. Sometimes steak and cigars are more important than energy that doesn't poison us.
*Cross-referenced between a list of ALEC legislators listed in an Aug. 9, 2011 email from the legislative aid of ALEC's Ohio State Chairman, Rep. John Adams, obtained through a public records request (see PDF pp. 82-84 and PFAW p.12).
**ALEC documents published by Common Cause show that Sen. Balderson was a member of ALEC's EEA task force throughout 2011, although Sen. Balderson did not attend the ALEC task force meeting last December in Pheonix, AZ, according to a staffer at his office over the phone, nor is he listed in emails obtained through a public records request as attending the previous meetings in New Orleans (Aug. 2011) or Cincinnati (Apr. 2011). Ohio Senate President Tom Niehaus was a consistent member of ALEC's [anti]environment task force from August 2010-August 2011, the time period for which ALEC's EEA task force rosters are available. SB 315 co-sponsoring Representatives Carey, Damschroder and Derickson were all listed as members of ALEC's EEA task force as of August, 2011.
***Co-sponsors cross referenced with an email from ALEC Ohio State Chairman John Adams' legislative aid to Emily Petrovich of US Steel, dated 11/22/2011--eight days before the Scottsdale meeting (see PDF p. 138).
Tomorrow, the American Legislative Exchange Council--known as ALEC--will host their 2012 Spring Task Force summit in Charlotte, NC. At tomorrow's meeting, the corporate front group will round up its various committees and prepare to peddle new state-level legislation to attack clean energy laws, protect polluting industries, privatize education, and suppress voters, among other big business schemes.
Need a refresher on ALEC? It's the group that brings state legislators to the table with representatives from major corporations in the sectors of energy, healthcare, tobacco, private prisons, and other groups to manipulate state politics to maximize their profits and limit their liabilities. These companies help craft template bills for state legislators to bring home and introduce in their respective statehouses.
Documents obtained and published by Common Cause now give us a roster of specific attendees at ALEC's environmental meetings, a consortium of state legislators and a who's who of the most offensive polluting political heavyweights including: Koch Industries, ExxonMobil, Duke Energy and Peabody. Participating legislators know well they're walking into a dirty party, sometimes using state taxpayer money to foot the bill.
The corporations that fund ALEC are well known for their political spending on both sides of the aisle. ALEC funders include Koch Industries, known for its coordinated political spending against President Obama, and Duke Energy, which is laying down a ten million dollar line of credit to host the Democratic National Convention in their hometown of Charlotte, NC. But these polluting companies are co-conspirators under the banner of ALEC, where partisan politics are set aside to focus on the mission of destroying environmental protections, clean energy competition and liability for crimes against both people and the ecosystems sustaining us.
So what exactly are ALEC and these oil, coal, chemical and public relations companies focusing on tomorrow?
According to their newest meeting memorandum, ALEC's Energy, Environment and Agriculture task force is going to discuss some pending model laws that ALEC will likely be approved for state distribution:
- The "Electricity Freedom Act" (really? Electricity Freedom?!) is a new attack on states with plans requiring companies to get a certain percentage of their electricity from renewable sources. This new bill is similar to other legislation ALEC has already peddled in several states and compliments an "email and telephone campaign" against state renewable energy standards, according to the Guardian.
- The "Coal Intrastate and Use Act" serves to prevent EPA from overruling state permits for coal mining and producing dirty coal products (like liquid coal for fuel) if all the coal operations are conducted within the borders of a single state.
- The "Resolution on U.S. Conference of Mayors Climate Protection Agreement Accountability" mandates a report be filed on cities and states that have fallen short of their goals to reduce greenhouse gases through the Mayors Climate Protection Agreement, which has over 1,000 signatories. ALEC's new resolution then demands that any program that hasn't met its goal be canceled out right, voiding the Climate Protection Agreement altogether. Keeping in mind that ALEC's members like Koch and Exxon have fought greenhouse gas programs at every turn for years, it is obvious that this ALEC bill is meant for one thing, attacking programs that address carbon emissions.
- A resolution demanding the passage of the notorious federal REINS Act, which would give Congress the power to block the enforcement of just about any federal protection--clean air and water laws, safeguards for mine workers, prohibiting tobacco sales to kids, protection from discrimination, you name it. It's the ultimate gift from Congress to their corporate fundraisers who would like to avoid responsibility for...everything.
- The exhaustively-titled "Resolution Supporting a Reasonable Compliance Timeline and Economy-wide impact study of EPA’s Mercury and Air Toxics Rule" has a simple purpose: delay when coal-burning utilities have to reduce mercury pollution and other severely hazardous emissions. For major mercury polluters like Energy Future Holdings, American Electric Power, and Duke Energy, this is likely to be a popular item tomorrow.
Documents obtained and published by Common Cause also show us what ALEC's focal points have been for other meetings in the last two years. Here are a few examples:
- A resolution urging Congress and the State Department to push through TransCanada's Keystone XL tar sands pipeline. ALEC recycles a lofty jobs lie in their reasoning for this resolution, ignoring State Department KXL job estimates under 2,000 and a Cornell study warning that "There is evidence to suggest that the effects of KXL construction could very well lead to more jobs being lost than are created." How many jobs does ALEC assume? 120,000 -- see Greenpeace's letter to the SEC to understand how they were calculated by politics rather than reality. Go figure--the American Petroleum Institute and its largest members were in the room when this resolution was forged.
- A deceptive ALEC bill pushed by ExxonMobil that "discloses" chemicals used by the oil industry in fracking operations, but actually inserts loopholes to avoid disclosure of certain fracking chemicals. This bate-and-switch comes at a time when doctors are concerned about signing confidentiality agreements if they ask for disclosure of fracking chemicals when treating people who are exposed to chemicals from gas drilling.
- A resolution that would prevent EPA from recognizing coal ash as a hazardous substance (it contains neurotoxins, carcinogens and radioactive elements). This may well have served as the model for the coal ash amendment that is currently being tacked on to the federal transportation bill by Rep. David McKinley (R-WV). Coal ash was a repeated topic of discussion at ALEC's energy task force meetings over the last two years, according to their meeting documents.
Who exactly attends these events? Beyond ALEC staff and dozens of corporate representatives, industry front groups are also represented. Tomorrow will feature John Felmy of the American Petroleum Institute in a presentation on gas prices (spoiler alert: this crowd will probably blame the President). Next up: presentations from representatives of the Edison Electric Institute (utility trade group) and the Nuclear Energy Institute (nuclear industry lobby).
Perhaps most intriguing will be a chat about "The Dirty Truth Behind Reusable Bags" led by Charles Gerba, who will warn attendees that reusable bags will give them "projectile vomiting and diarrhea." Gerba may not mention this dramatic and messy sickness can be avoided by simply washing one's reusable bags, since Mark Daniels of Hilex Poly (a plastic bag company) regularly attends these meetings, and Gerba serves as an advisor to Hilex Poly.
ALEC always gets some of industry's most interesting mouthpieces to set the rhetorical tone for those attending ALEC's anti-environmental jamborees. Looking back to last August at ALEC's Energy, Environment, and Agriculture task force meeting in New Orleans, presenters included:
- Robert Bradley of the Institute for Energy Research, which made press recently when its sister group the American Energy Alliance spend $3.6 million on ads blaming the President for high gas prices. IER has a former Koch lobbyist on staff and has received $175,000 from Koch foundations in recent years as part of the climate denial network.
- Gerry Angevene of the Fraser Institute, another longtime player in the Koch- and Exxon-funded climate denial machine
- James Taylor of the Heartland Institute, which has helped champion ALEC efforts to confuse K-12 students about climate science. Heartland is currently in the middle of a crisis as corporate funders are distancing themselves from its comparison of terrorists and serial killers to those who recognize the reality of global warming. Seriously, they put the Unabomber on a billboard saying, "Do you still believe in global warming? I do. www.heartland.org"
- Craig Idso, whose nutjob Center for the Study of Carbon Dioxide and Global Change has been paid by the coal industry and the Heartland Institute to tell people that global warming is good for the planet. Craig Idso explained this nonsense to state legislators in August. As is the pattern here, see the Center's history of Koch- and Exxon-funding, as well as Idso's former employment at Peabody and work for the Western Fuels Association.
- Stephen Miller of the American Coalition for Clean Coal Electricity, which spends big on national advertisements promoting the idea that perhaps coal isn't inherently dirty, dangerous and deadly (it is). Miller, who is resigning from ACCCE this year after serving as a dilligent coal apologist for the last decade, came under Congressional fire in 2009 when it was revealed that ACCCE contractors forged letters on behalf of groups "representing senior citizens, minorities and veterans," including the NAACP.
Likely due to the publicity of ALEC Exposed and the recent mass migration of 16 companies and 34 state politicians away from ALEC (in response to controversial bills on voter suppression and Stand Your Ground laws that protected Trayvon Martin's killer), ALEC no longer includes the specific members of its task forces in the documents it mails to participants beforehand. ALEC's Energy task force as of June, 2011 shows the nefarious people who run this dirty operation, by name. People representing the following groups have been consistently present at recent ALEC meetings over the last couple years:
Oil and gas industry:
- Shell Oil
- American Petroleum Institute
- Occidental Petroleum
- Marathon Oil
- Continental Resources
- American Gas Association (trade association)
- Peabody Energy
- Cloud Peak Energy
- Duke Energy & Progress Energy (which are merging into the nation's largest utility company)
- Energy Future Holdings
- American Electric Power
- PacifiCorp (a MidAmerican subsidiary, owned by Warren Buffet's Berkshire Hathaway)
- Alliant Energy
- Pinnacle West
- MDU Resources
- NV Energy
- Edison Electric Institute (trade association, membership includes all utilities above)
- American Coalition for Clean Coal Electricity (membership includes AEP, Peabody, and Energy Future Holdings subsidiary Luminant)
- Salt River Project
- National Rural Electric Cooperative Association (an aggressive lobbying group for electrical utility cooperatives and top political donor in the energy sector)
- Nuclear Energy Institute (trade association)
- Duke, Progress, AEP, and Pinnacle West all have notable nuclear generation capacity
Other major polluters:
- Dow Agrosciences
- International Paper
- American Chemistry Council (top trade association for chemical companies)
- Bayer Healthcare (Bayer is the country's top air polluter according the Political Economy Research Institute at U-Mass, Amherst)
- Honeywell (#31 on PERI's toxic air polluters list)
- General Motors (GM has a history of climate denial, although GM Foundation just dumped the Heartland Institute)
- LyondellBasell Industries (third largest chemical company in the world)
Front groups, all involved in climate science denial (Koch funding since 2005):
- Americans for Prosperity ($5,760,781)
- Atlas Economic Research Foundation ($152,600)
- Commonwealth Foundation ($84,532)
- Goldwater Institute ($70,427)
- John Locke Foundation ($47,472)
- Heartland Institute ($25,000)
Public Relations Firms
Dezenhall Resources, which Businessweek calls the "Pit Bull of Public Relations." Dezenhall Resources is currently included in a Greenpeace lawsuit due to its role in hiring spies on behalf of chemical companies to track Greenpeace's internal campaign plans.
The annual State of the Union address is political theater at its best--millions of Americans tune in to watch the big wigs schmooze, applaud the President in partisan waves and reveal the administration's platform for the rest of the year. Entertaining as it can be, the State of the Union also gives frustrating examples of who is successfully framing the national debates in our country. This year it was obvious that Big Oil, particularly the American Petroleum Institute (API), is forcing the U.S. to adopt it's narrow idea of America's "energy future."
In fact, the President of the United States sounded a lot like the self-appointed President of U.S. Energy--API president and CEO Jack Gerard. Compare one of Jack Gerard's key talking points from his recent "State of American Energy" address with a line from Obama's State of the Union speech last night (emphasis added):
GERARD: "We need all of our resources—oil and natural gas, coal, nuclear, wind, solar, biofuels and more."
OBAMA: "This country needs an all-out, all-of-the-above strategy that develops every available source of American energy - a strategy that's cleaner, cheaper, and full of new jobs."
It appears that, after repeated circulation among oil lobbyists and their apologists in Congress, President Obama has bought into this "all of the above" nonsense, an empty rhetorical gesture designed to keep our country dependent upon dirty energy like synthetic tar sands crude oil and gas obtained through controversial hydraulic fracturing. The "all of the above" line has been promoted on the websites of the American Petroleum Institute as well as API's "Energy Tomorrow" blog, the American Fuel & Petrochemical Manufacturers website and among members of Congress.
What Big Oil really means is that they'll continue to wave the carrot of clean energy in our faces as they push aggressively for increased oil and gas projects, subsidies and profits. This agenda infiltrates our government through the millions spent on Congressional campaign contributions and millions more on federal lobbying, and infiltrates the American public through expensive advertising campaigns like API's new "Vote 4 Energy" commercials. See Greenpeace's mock Vote 4 Energy commercial at the bottom of the blog.
While I'm sure Gerard and other oil lobbyists are thrilled with the results of their mass media campaigns and federal influence peddling, you can be their public response to the President's speech will be less appreciative.
Dirty energy lobbyists like Jack Gerard aren't going to stop harassing President Obama even if his administration "opened millions of new acres for oil and gas exploration." It will never be enough for Big Oil, which is why it's alarming that the President just bowed to two of the American Petroleum Institute's three major demands: opening up "75 percent of our potential offshore oil and gas resources," which spells inevitable doom for our coastlines, and pushing dangerous gas fracking forward despite the inability for state regulators and the Environmental Protection Agency to keep up with the industry's voracious appetite. API and it's Big Oil members aren't going to stop griping over the rejected Keystone XL tar sands pipeline because of these concessions--they will continue to demonize Obama's cabinet as a perpetual obstruction to "freedom" and "prosperity" and bombard us all with inflated jobs claims cooked up by their own reports. Congressional Republicans are already demanding more in response to Obama's energy plan despite it's destructive concessions, repeating the "all of the above" line in the process.
These criticisms are not to say that the President got it all wrong on his energy ambitions. His statements on prioritizing clean energy development and investing in widespread energy efficiency are crucial to the reduction of greenhouse gas concentration in our atmosphere as well as securing our energy infrastructure, creating space for newer, safer jobs while reducing unnecessary risks like deadly air pollution from refineries and unstoppable oil spills started by foreign companies like BP.
Without making the connection to the oil industry (and every other large industry meddling in federal policies), President Obama mentioned the "corrosive influence of money in politics." The oil industry has spent over $55.7 million on federal politicians in the last five years and an additional $651 million on federal lobbying in the same timeframe. Activist leader and scholar Bill McKibben notes that the 234 House Representatives who voted last December to fast track the Keystone XL pipeline took $42 million from the fossil fuel industry, while the 193 opposing members took a cumulative $8 million.
If that's not corrosive influence, then I don't know what is.
Vote 4 Energy mock commercial:
Two days ago, President Obama denied the permit for the destructive Keystone XL tar sands pipeline, much to the dismay of Big Oil's top lobbyist and propagandist. Speaking at the National Press Club to an audience dominated by oil, coal and nuclear representatives and lobbyists, American Petroleum Institute (API) president Jack Gerard continued to lash out at President Obama over the pipeline decision. However, activists attending their event fact checked Jack's big oil talking points.
Shortly after asking the president, "what are you thinking?!" a group of activists stood and delivered a call-and-response "fact check" over Gerard's speech -- see the full Fact Check video. After the event, PolluterWatch's Connor Gibson approached Jack Gerard on camera and repeatedly asked him how much the American Petroleum Institute (API) is spending on its new "Vote 4 Energy" advertising campaign (which, as Mr. Gerard has absurdly claimed, is "not an advertising campaign"). Jack refused to answer:
Vote 4 Energy, which was mocked by a parody commercial during its public release, is the American Petroleum Institute's newest money dump to pretend that most Americans support politicians who represent Big Oil more than their own constituents. Wrapping its talking points in patriotic rhetoric, API's real intent is to continue getting billions of taxpayer dollars each year to corporations like ExxonMobil, Shell and Chevron, which rank among the most profitable companies in the world.
Last weekend was a wild one for climate action in our nation’s Capitol, between the protest outside a conference run by Koch Industries front group Americans for Prosperity and Sunday’s large street protest against the proposed Keystone XL tar sands pipeline that encircled the White House with over 10,000 people.
The two issues came together when I and another Greenpeace activist found oil billionaire and Americans for Prosperity Chairman David Koch inside AFP’s “Defending the American Dream” conference, and questioned Koch about his company’s financial stake in the Keystone XL pipeline and their false statement to Congressman Henry Waxman (D-CA). See for yourself:
Greenpeace presented Mr. Koch with a “Wanted for climate crimes” flyer featuring the faces of himself and brother Charles, and also asked about any changes in his view on climate change after a Koch-funded study appears to agree with what climate scientists have known for decades now—the globe is indeed increasing in average surface temperature. David Koch refused to answer questions, but clearly understood that accountability was expected for the $55 million he and brother Charles Koch have donated to organizations that work to confuse and deny the reality of climate science.
Mr. Koch’s day wasn’t all bad—shortly before the encounter he was lauded by Herman Cain, who declared, “I am the Koch Brothers’ brother from another mother!” The statement lifted David Koch out of his seat for a strange Nixon-style salute to the AFP audience. Chairman Koch also got to hear from Mitt Romney, Rudy Giuliani, and fellow climate denial financier and AFP director Art Pope. Among numerous other issues, the keynote speakers attacked environmental protections and peddled fossil fuel extraction. Herman Cain stated the need for the US Environmental Protection Agency to undergo an “attitude adjustment,” a popular sentiment among attendees who were also offered a panel dedicated to hating on the EPA.
Echoing Kochs’ efforts to dismantle the EPA
Opening the “Extreme Power Abuses” panel, Koch-backed Congressman Mike Pompeo (R-KS) bragged about his efforts to prevent EPA from regulating greenhouse gas emissions that fuel global warming, warning observers that EPA is “on the march, they will stop at nothing.”
Following Rep. Pompeo was Kathleen Hartnett White of the Texas Public Policy Foundation, a Koch and Exxon front, among other dirty donors. Hartnett White’s primary focus appears to be criticizing the EPA’s every move. She approved Texas’ first new coal-fired power plant in 20 years when she was chair of the Texas Council on Environmental Quality, and has grossly misrepresented the scientific conclusions of the United Nations Intergovernmental Panel on Climate Change. During the panel, Hartnett White pushed to continue allowing unchecked mercury emissions from coal plants, which the coal lobby has blocked from regulation since the 1990 Clean Air Act amendments. She downplayed the concerns of communities suffering from coal plant pollution with claims like “People do not die of particulate matter levels,” while ignoring clear threats to our health, such as mercury from power plants winding up in the fish we eat. Most indicative of Hartnett White’s do-nothing attitude on pollution: “there is no environmental crisis—in fact, there’s almost no environmental problems.”
Next up was a career polluter apologist from the American Tradition Institute, Chris Horner. Horner is also an affiliate of the Competitive Enterprise Institute. Horner’s current work involves harassing climatologist Michael Mann by seeking his emails from the University of Virginia, a favorite cause of climate denier and Virginia Attorney General Ken Cuccinelli, who was also present at the AFP conference.
The EPA panel was concluded with the angry rants of Ann McElhinney, who has made a name for herself as an anti-environmental documentary filmmaker who circulates her films among various climate denier front groups. McElhinney accused environmentalists in general of being unequivocal liars while throwing some questionable claims* around herself. Claiming that “fracking is an absolute miracle,” McElhinney repeatedly attacked Gasland director Josh Fox for spreading a “message of hate” though his film. Similarly, McElhinney said that the proposed Keystone XL tar sands pipeline “is just wonderful,” and mocked the idea of an organized protest against Keystone XL two days later.
What McElhinney said that did seem on point was, "at the moment, the story of energy is being told by people that tell lies." That certainly sounds right – if she meant the influence peddlers of the fossil fuel industry. But McElhinney then continued to demonize people with environmental concerns, rather than pointing out how polluters spend millions to influence our government through direct donations, lobbyists, trade associations, and front groups, including Americans for Prosperity and the very panelists McElhinney stood next to.
Americans for Koch’s Prosperity
Koch Industries and Americans for Prosperity have become synonymous to the people who pay attention to the billionaire oil baron brothers and their many front groups. AFP itself was spawned from predecessor group, the Citizens for a Sound Economy Foundation (CSE), which split from its sister group to form AFP and Freedomworks. While the Kochs left Freedomworks alone, they continue to fund and govern AFP—David Koch is the chairman of the AFP Foundation and the group has received over $5.6 million from the Koch Brothers’ foundations, according to the most recent five years of their tax filings. Co-sponsors and allies present at the conference have received large checks from the Kochs over the same time frame, such as the Heritage Foundation ($2.2 million), the Institute for Humane Studies ($4.4 million), and the American Legislative Exchange Council ($275,858).
Other known financiers of AFP and other corporate front groups, which often don’t have to report their donors, are the usual cadre of ideologically-driven conservative foundations backed by corporate interests who bankroll efforts to roll back environmental protections, attack health care reforms, increase corporate rights while decreasing corporate tax rates…check out the Lewis Powell memo for more history on how companies have seized our democracy.
Standing out most among Ann McElhinney’s misleading statements were two in particular. First, she claimed that the gas industry website FracFocus contains full disclosure of the chemicals used in hydraulic fracturing—it doesn’t. Second, she led the audience to believe that health concerns over tar sands water pollution [PDF] in Alberta, Canada were unsubstantiated. Specifically, McElhinney attacked Dr. John O'Connor, who discovered and was persecuted by industry (and industry-tainted government) for years for linking tar sands operations to unusually high cancer rates. This was formerly confirmed by the Alberta Cancer Board in May 2008, vindicating Dr. O'Connor. The cancer rates in the Fort Chipewyan area are 30% higher than expected rates. Most notably, McElhinney accused Dr. O’Connor of fabricating the death of a 33-year old in Fort Chipewyan, a community heavily polluted by chemical byproducts flowing up the Athabasca River. Read more about this specific industry/Alberta government attack on Dr. O'Connor in Andrew Nikiforuk's "Tar Sands," pp. 96-101.
Written by Kyle Ash, crossposted from Greenpeace USA.
This morning, CEOs, founders, and other leaders of 68 organizations sent a letter to President Obama, urging that he do what he can to stop the dangerous extraction of shale gas that is occurring across the country without any federal public safeguards. Often called 'fracking,' communities from Pennsylvania to Texas to Minnesota are already suffering from the numerous environmental problems connected with this process to force “natural” gas from shale several thousand feet below ground.
The letter states,
'Fracking involves shooting millions of gallons of water laced with carcinogenic chemicals deep underground to break apart rock to release trapped gas. Despite its obvious hazards, regulation necessary to ensure that fracking does not endanger our nation’s water supply has not kept pace with its rapid and increasing use by the oil and gas industry.
To date, fracking has resulted in over 1,000 documented cases of groundwater contamination across the county, either through the leaking of fracking fluids and methane into groundwater, or by above ground spills of contaminated and often radioactive wastewater from fracking operations. Rivers and lakes are also being contaminated with the release of insufficiently treated waste water recovered from fracking operations. In addition, fracking typically results in the release of significant quantities of methane – a potent greenhouse gas – into the atmosphere despite the availability of cost-effective containment measures.'
Fracked gas may be no 'bridge fuel,' and it certainly is not 'clean energy.' Burning natural gas releases about half the greenhouse gas as burning coal, but fracked gas may produce so much more methane during extraction and processing that it could be as bad or worse than coal for the climate.
The oil and gas industry have good lobbyists, and have achieved years ago exemptions under virtually every federal environmental law, including the Safe Drinking Water Act and Clean Water Act. Companies like Conoco Phillips, Chesapeake Energy and Talisman Energy are not even required to disclose the more than 900 different chemicals used in the fracking process, which contaminate aquifers. Talisman has even targeted children in its lobbying, with 'Terry the Fracosaurus' who promotes an industry that is polluting drinking water with toxic chemicals.
Oil and gas companies have spent over three hundred million dollars in the last two years lobbying against federal protections from their pollution, so it is not too surprising that the federal government has decided to 'shoot now, ask questions later.' There are few efforts by Congress and the administration to mitigate the public health impacts of fracking.
In the next week or two we should see some results fom a panel of experts set up by the Department of Energy, which is supposed to reach conclusions on how to frack safely. However, the panel is stocked with only frack-friendly experts. EPA is studying impacts on water quality, but that study will take years to complete and is limited in its scope.
While further knowledge about impacts is a certainly a good thing, in this case 'more research' means political procrastination. EPA found 24 years ago that fracking contaminates water supplies. So far the only legislation to get much traction is the 'FRAC Act,' spearheaded by Democracts from Pennsylvania, New York, and Colorado. This bill is an important step to closing one legal loophole in the Safe Drinking Water Act, and would require that industry disclose which chemicals they're using.
Crossposted from Greenpeace USA.
As revealed by The Nation and hosted by the Center for Media and Democracy’s new ALEC Exposed website, today marks a breakthrough in democratic transparency with the release of over 800 internal documents created by the American Legislative Exchange Council, or ALEC.
Who is ALEC?
Greenpeace has tracked the American Legislative Exchange Council and its role in the climate denial machine, along with the money it receives from polluters including Koch Industries and ExxonMobil to peddle doubt over established conclusions of climate scientists. Check out some of ALEC’s climate denier deeds at ExxonSecrets.
ALEC links state legislators with some of corporate America's largest and most dubious players—Exxon, Koch, coal giant Peabody Energy, and Reynolds Tobacco for example—to create model state legislation. State legislators who pay a small fee to become ALEC members are granted access to a large pool of draft bills and resolutions created by representatives of the corporate giants who finance ALEC, some of which also help govern the organization. ALEC creates a cover for state legislators who ultimately benefit from ALEC’s corporate supporters without having to disclose who pays for the corporate-handout policies they push in state houses across the country.
The Nation's John Nichols explains the ALEC agenda:
"ALEC's model legislation reflects long-term goals: downsizing government, removing regulations on corporations and making it harder to hold the economically and politically powerful to account. Corporate donors retain veto power over the language, which is developed by the secretive task forces. The task forces cover issues from education to health policy. ALEC's priorities for the 2011 session included bills to privatize education, break unions, deregulate major industries, pass voter ID laws and more. In states across the country they succeeded, with stacks of new laws signed by GOP governors like Ohio's John Kasich and Wisconsin’s Scott Walker, both ALEC alums."
ALEC's Dirty Assault on Environmental Causes
ALEC has long served corporate polluters in attacking or preempting environmental protections through state laws. A revealing article in Grist linked legislative repeals from the Regional Greenhouse Gas Initiative (RGGI) to ALEC's draft legislation, offering polluters like Koch Industries another avenue of attack to bolster the work of other front groups, including Americans for Prosperity's pressure on states participating in RGGI. Center for Media and Democracy Executive Director Lisa Graves and The Nation have more details on the connection between Koch Industries and ALEC.
The over 800 internal documents revealed at ALEC Exposed brings other laws drafted by and for corporate polluters to light. Examples include:
The range of ALEC's model legislation provides a historical record of the most aggressive efforts to combat environmental protection. A resolution from 1998 getting states to oppose the Kyoto protocol [PDF] apparently passed in ten states and was introduced or passed by one legislative chamber in another ten states, according to an ALEC speech transcript. A resolution from 2002 shows ALEC’s role in early efforts to hijack chemical security legislation. After the U.S. Senate adopted a bill (S.1602) in July, 2002 that would have conditionally required the use of safer processes at high risk chemical plants, ALEC fought back, approving a Resolution in Opposition to S. 1602 [PDF] a month later. That fall, the chemical security bill fell on its face.
More to Come...
Greenpeace is continuing to research the contents of ALEC's documents. ALEC's template environmental bills repeatedly attack clean energy, push the most dangerous and dirty fossil fuel developments and try to roll back safeguards that reduce pollution. We will continue to update you on what we find.