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Jeff Holmstead dismissed as expert witness by Federal Judge – Coal Lobbyist Defending Ameren

10:55 am in Uncategorized by Connor Gibson

Lobbyist Jeff Holmstead, former Assistant Administrator of the United States Environmental Protection Agency (EPA) for Air and Radiation

Jeff Holmstead, perhaps the nation’s prime example of a revolving door lobbyist, was dismissed by a federal judge as an expert witness in a lawsuit brought by the U.S. Environmental Protection Agency against Ameren Missouri, a coal burning utility.

In an ongoing case, the EPA has charged Ameren with violating the Clean Air Act by not installing appropriate pollution controls at one of its coal plants. The Sierra Club has since sued Ameren, “alleging 7,880 air quality violations at three coal-burning power plants since 2009,” according to the St. Louis Post-Dispatch.

Judge Rodney Sippel granted U.S. Justice Department’s request to remove Holmstead as a witness, confirming that the lobbyist’s history at U.S. EPA posed “multiple conflicts of interest.” Here’s the judge’s motion to dismiss Jeffrey Holmstead, citing Holmstead’s use of his EPA experience to undermine EPA’s pollution enforcement actions (emphases added):

Mr. Holmstead’s legal opinions are irrelevant, speculative, and inadmissible. [...] By his own description, Mr. Holmstead’s testimony relies on his recollection of EPA ‘internal meetings’ that he says are relevant to the issues to be tried in this action. Such internal communications are privileged and confidential and Mr. Holmstead may not rely on his recollection of them to testify against EPA. Moreover, Mr. Holmstead received other privileged information concerning the issues about which he now seeks to testify on behalf of Ameren, and participated in power-plants enforcement cases related to this one while at EPA. Before he left EPA, he even personally provided a declaration for EPA that is at issue in this and other related power-plants enforcement cases asserting privilege claims on behalf of EPA over documents that are relevant to the opinions he now seeks to offer. Yet he now seeks to change sides and testify against EPA. Moreover, he was assisted in the preparation of his report by another former EPA attorney who was involved in the early stages of the investigation that ultimately led to the filing of this case. For the reasons discussed in the accompanying Memorandum, Mr. Holmstead should not be allowed to testify in this matter due to his multiple conflicts of interest.

This is a notable blow to Mr. Holmstead’s credibility, who touts his time at EPA to obscure his lobbying to protect polluters from public accountability. An anonymous source “familiar” with this case, likely one of Holmstead’s colleagues at Bracewell & Guiliani, has been attempting to spin this embarrassing dismissal to reporters at Bloomberg and E&E Publishing. Ameren claims the judge has no proof that Holmstead would use privileged information, ignoring the judge’s reference that Holmstead himself said he would use information from “internal meetings” during his time at EPA.

Jeffrey R. Holmstead, a partner at Bracewell & Guiliani who represents coal mining and utility clients like Arch Coal, Duke Energy and Southern Company, spent four years as EPA’s assistant administrator for Air and Radiation under President George W. Bush. His career is a dirty legacy of work against the public interest.

Holmstead’s tenure at EPA was controversial all the way from his appointment, protested by U.S. Senators for his previous lobbying for coal companies, until his departure. He was caught censoring science within his office and single-handedly derailed a mercury pollution regulation that would have prevented thousands of premature deaths every year. Holmstead’s interference blocked mercury pollution controls at U.S. coal plants for eight full years, as Greenpeace has documented, and confronted Holmstead directly for explanation.

While Ameren from his former government employer, Jeff Holmstead has been working to undermine the nation’s first ever attempt to limit carbon pollution from U.S. power plants, misleading the public with fears that these rules will increase their utility bills. Holmstead has been repeatedly fact-checked on his conflation of electricity rates with people’s bills, ignoring how energy efficiency measures are expected to lower bills over the long term, and also ignoring the immense costs of coal pollution to the public. Holmstead’s office runs a front group called the Electric Reliability Coordinating Council (ERCC) to advocate for these polluters against climate and clean air rules, and representing ERCC, he has personally accompanied an Arch Coal lobbyist to the White House to undermine climate regulations.

Again, Greenpeace has directly sought answers from Mr. Holmstead on why he has dedicated his life to protecting companies that not only undermine science, but quite literally kill people as a regular part of their business operations:

It’s nice to see a judge finally toss the fox out of the hen house. Jeff Holmstead says what he’s paid to, and his clients make that money by polluting for free.

Crossposted from PolluterWatch. Read the rest of this entry →

REPORT: Tobacco-style Climate Denial – Greenpeace’s “Dealing in Doubt”

11:08 am in Uncategorized by Connor Gibson

Written by Cindy Baxter, crossposted from Greenpeace: Dealing in Doubt.

Who likes being lied to by people paid by the oil industry who pose as “experts” on climate change?

Did you know it’s been going on for 25 years?

In a couple of weeks, the UN’s official advisors on climate change science, the Intergovernmental Panel on Climate Change (IPCC) will update its global assessment on the issue. Yet in the background, more attacks on the climate science are underway.

For the last quarter century, the climate science denial machine, its cogs oiled by fossil fuel money, has been attacking climate science, climate scientists and every official US report on climate change, along with State and local efforts – with the aim of undermining action on climate change.

Our new report, Dealing in Doubt, sets out the history of these attacks going back to the early 90s. These are attacks based on anti-regulatory, so called “free market” ideology, not legitimate scientific debate, using a wide range of dirty tricks: from faked science, attacks on scientists, fake credentials, cherry-picking scientific conclusions: a campaign based on the old tobacco industry mantra: “doubt is our product”.

We give special attention to perhaps today’s poster child of the climate denial machine’s free market think tanks, the Heartland Institute, which is about to launch a new version of its “NIPCC” or “climate change reconsidered” report next week in Chicago.

Unlike the real IPCC, with thousands of scientists involved from around the world, the Heartland Institute’s handful of authors is paid. Several of them claim fake scientific credentials. They start with a premise of proving the overwhelming consensus on climate science wrong, whereas the real IPCC simply summarizes the best science to date on climate change.

This multi-million dollar campaign has been funded by anti-government ideologues like the Koch brothers, companies like ExxonMobil and trade associations like the American Petroleum Institute.

More recently, less visible channels of funding have been revealed such as the Donors Capital Fund and Donors Trust, organization that that has been called the “ATM of the conservative movement”, distributing funds from those who don’t want to be publicly associated with the anti-environmental work product of organizations like the Heartland Institute.

In the last week we’ve seen new peer-reviewed science published, linking at least half of 2012’s extreme weather events to a human carbon footprint in the atmosphere and on the weather and climate.

As the scientific consensus strengthens by the day that climate change is happening now, that carbon pollution is causing it and must be regulated, the denial machine is getting increasingly shrill. But today, while they are being increasingly ignored by a majority of the public, their mouthpieces in the US House of Representatives, for instance, have increased in number.

They’re still fighting the science – and they’re still being funded, to the tune of millions of dollars each year, to do it.

Dealing in Doubt sets out a history of these attacks. We show how the tactics of the tobacco industry’s campaign for “sound science” led to the formation of front groups who, as they lost the battle to deny smoking’s health hazards and keep warning labels off of cigarettes, turned their argumentative skills to the denial of climate change science in order to slow government action.

What we don’t cover is the fact that these organizations and deniers are also working on another front, attacking solutions to climate change. They go after any form of government incentive to promote renewable energy, while cheering for coal, fracking and the Keystone pipeline.

They attack any piece of legislation the US EPA puts forward to curb pollution. Decrying President Obama’s “war on coal” is a common drumbeat of these anti-regulation groups. One key member of the denial machine, astrophysicist Willie Soon from the Smithsonian Institute for Astrophysics, has portrayed himself as an “expert” on mercury and public health in order to attack legislation curbing mercury emissions from coal plants.

This recent history, as well as the prior history of denial by the tobacco companies and chemical, asbestos and other manufacturing industries, is important to remember because the fossil fuel industry has never admitted that it was misguided or wrong in its early efforts to delay the policy reaction to the climate crisis. To this day, it continues to obstruct solutions.

The individuals, organizations and corporate interests who comprise the ‘climate denial machine’ have caused harm and have slowed our response time. As a result, we will all ultimately pay a much higher cost as we deal with the impacts, both economic and ecological.

Eventually, these interests will be held accountable for their actions.

U.S. Chamber of Commerce drops Yes Men lawsuit, avoids Discovery Process

9:07 am in Uncategorized by Connor Gibson

Crossposted from Greenpeace’s The Witness.

Shenanigans at the front door of the U.S. Chamber of Commerce yesterday reveal that the Chamber has dropped its lawsuit against the Yes Men, the activist duo famous for their elaborate prime-time pranks against Dow Chemical, Chevron, the World Trade Organization, and other giant entities known for putting their profit margins before people and the planet.

The Yes Men went to the Chamber yesterday morning in attempts to convince the business front group not to drop the lawsuit. Here’s some footage of the announcement and confusion over who does and doesn’t work for the Chamber:

That’s right. The Yes Men want to be sued by the U.S. Chamber of Commerce. According to their press release:

“Just as their case against us was finally heating up again, the Chamber decided to drop it,” said former defendant Andy Bichlbaum of the Yes Men. “The Chamber knew this was our chance to challenge their silly claims and, since they claimed we had ‘damaged’ them, investigate the details of their finances through the discovery process. It’s the height of rudeness to deprive us of this great opportunity.”

“The Chamber’s lawsuit represented the only time in 17 years that anyone has been stupid enough to sue us,” said former defendant Mike Bonanno. “This was the chance of a lifetime, and we profoundly deplore the Chamber’s about-face.”

Apparently, revenge isn’t a strong enough reason for the Chamber to to cough up information on their secret financial backers or their obstruction on solving the critical issue of global climate change, the issue which sparked the original Yes Men parody press event and ensuing lawsuit.

The Chamber sued the Yes Men in 2009 for holding a press conference at the National Press Club on the Chamber’s behalf, announcing a reversal on the Chamber’s efforts to block climate change legislation. The false event was interrupted by an actual Chamber official named Eric Wohlschlegal, who told attending press, “This guy is a fake! He’s lying!” See this video:

The stunt threw the Chamber off balance as it had to clarify it would not stop obstructing national climate change policy. The following lawsuit was unprecedented for Yes Men hijinks. Even Dow Chemical didn’t sue them, despite losing $2 billion worth of stock when Yes Man Andy Bichlbaum posed as a Dow official on a live BBC interview and took responsibility for the Bhopal chemical disaster (which Dow still won’t own up to despite the death of 20,000 people).

Yes Lab has a summary of the announcement at the Chamber’s front steps in Washington, DC, including a list of questions the Yes Men wish the lawsuit’s discovery process could have answered:

Some of the things we could have asked in court had they not withdrawn their lawsuit:
  • Why does the U.S. Chamber lie even more than the American Petroleum Institute about the number of jobs created by the Keystone XL pipeline?
  • Why did the U.S. Chamber design a teaching program for US schools that favors coal over clean energy sources?
  • And who pays them to lie to children… and adults?
  • Why does the U.S. Chamber expend so much money to call into doubt the most mainstream climate science, and insult the most respected scientific bodies?
  • Why does the U.S. Chamber fight not only unions, but even just shareholder activists?
  • Why do they fight even tiny increases in the federal minimum wage?
  • Why has the U.S. Chamber’s law firm hired spies in try to discredit anti-Chamber activists?
  • And finally, why is the U.S. Chamber fighting so hard to keep corporations from having to reveal their political spending?

PolluterWatch has more on the U.S. Chamber of Commerce and its anti-environmental practices.