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ALEC’s Fracking Chemical Disclosure Bill Moving Through Florida Legislature

2:16 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog 

A sticker of the Monopoly game's mascot, Uncle Moneybags, labelled ALEC

ALEC is polluting environmental law in Florida.

The American Legislative Exchange Council’s (ALEC) model bill for disclosure of chemicals injected into the ground during the controversial hydraulic fracturing (“fracking”) process is back for a sequel in the Sunshine State legislature.

ALEC’s model bill was proposed by ExxonMobil at its December 2011 meeting and is modeled after a bill that passed in Texas’ legislature in spring 2011, as revealed in anApril 2012 New York Times investigative piece. ALEC critics refer to the pro-business organization as a “corporate bill mill” lending corporate lobbyists a “voice and a vote” on model legislation often becoming state law.

The bill currently up for debate at the subcommittee level in the Florida House of Representatives was originally proposed a year ago (as HB 743) in February 2013 and passed in a 92-19 vote, but never received a Senate vote. This time around the block (like last time except for the bill number), Florida’s proposed legislation is titled the Fracturing Chemical Usage Disclosure Act (HB 71), introduced by Republican Rep. Ray Rodrigues. It is attached to a key companion bill: Public Records/Fracturing Chemical Usage Disclosure Act (HB 157).

HB 71 passed on a party-line 8-4 vote in the Florida House’s Agriculture and Environment Subcommittee on January 14, as did HB 157. The next hurdle the bills have to clear: HB 71 awaits a hearing in the Agriculture and Environment Appropriations Subcommittee and HB 157 awaits one in the Government Operations Subcommittee.

Taken together, the two bills are clones of ALEC’s ExxonMobil-endorsed Disclosure of Hydraulic Fracturing Fluid Composition Act. That model — like HB 71 — creates a centralized database for fracking chemical fluid disclosure. There’s a kicker, though. Actually, two.

First kicker: the industry-created and industry-owned disclosure database itself —FracFocus — has been deemed a failure by multiple legislators and by an April 2013 Harvard University Law School study. Second kicker: ALEC’s model bill, like HB 157, has a trade secrets exemption for chemicals deemed proprietary.

First “Halliburton Loophole,” then “ExxonMobil Loophole”

Back when the ALEC model bill was debated in the Texas legislature in spring 2011 (and before it was endorsed by ExxonMobil and eventually adopted as a model by ALEC), the bill was touted as an antidote to the lack of transparency provided at the federal level on fracking chemicals by both industry and environmental groups, such as the Environmental Defense Fund and the Texas League of Conservation Voters (LCV).

“[T]his is proof positive that the public, environmental groups, and the state’s energy industry can work together to ensure the health and safety of Texans,” the Texas LCV said in May 2011.

Rep. Rodrigues said he was impressed by these dynamics when researching the bill online in comments provided by email to DeSmogBlog.

“I was pleased to see the Environmental community and the Energy community jointly draft this legislation,” he said.

The lack of federal level transparency is mandated by law via the Energy Policy Act of 2005, as outlined in a sub-section of the bill best known as the “Halliburton Loophole.”

The “Halliburton Loophole” — named such because Halliburton is an oil services company that provides fracking services and because when it was written, the company’s former CEO, Dick Cheney, was vice president of the United States and oversaw the industry-friendly Energy Task Force — gives the oil and gas industry a free pass on fracking chemical disclosure, deeming the chemicals injected into the ground during the process a trade secret.

Yet, far from an antidote to the “Halliburton Loophole,” a new loophole has been created in its stead at the state level — the “ExxonMobil Loophole” — which now has the backing of ALEC. The results haven’t been pretty.

An August 2012 Bloomberg News investigation revealed FracFocus merely offers the façade of disclosure, or a “fig leaf” of it, as U.S. Rep. Diane DiGette (D-CO) put it in the piece.

“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.”

As we reported on DeSmogBlog in December 2012, FracFocus is a public relations front for the oil and gas industry:

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“Frackademia” By Law: Section 999 of the Energy Policy Act of 2005 Exposed

3:41 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

With the school year starting for many this week, it’s another year of academia for professors across the United States — and another year of “frackademia” for an increasingly large swath of “frackademics” under federal law.

“Frackademia” is best defined as flawed but seemingly legitimate science and economic studies on the controversial oil and gas horizontal drilling process known as hydraulic fracturing (“fracking”), but done with industry funding and/or industry-tied academics (“frackademics”).

While the “frackademia” phenomenon has received much media coverage, a critical piece missing from the discussion is the role played by Section 999 of the Energy Policy Act of 2005. Although merely ten pages out of the massive 551-page bill, Section 999 created the U.S. Department of Energy-run Research Partnership to Secure Energy for America (RPSEA), a “non-profit corporation formed by a consortium of premier U.S. energy research universities, industry and independent research organizations.”

Under the Energy Policy Act of 2005, RPSEA receives $1 billion of funding – $100 million per year – between 2007 and 2016. On top of that, Section 999 creates an “Oil and Gas Lease Income” fund “from any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases.” The federal government put $50 million in the latter pot to get the ball rolling.

The Energy Policy Act of 2005′s ”Halliburton Loophole” — which created an enforcement exemption from the Clean Water Act and the Safe Drinking Water Act for fracking, and made the chemicals found within fracking fluid a “trade secret” — is by far the bill’s most notorious legacy for close followers of fracking.

These provisions were helped along by then-Vice President Dick Cheney’s Energy Policy Task Force, which entailed countless meetings between Big Oil lobbyists and executives and members of President George W. Bush’s cabinet. Together, these lobbyists and appointees hammered out the details behind closed doors of what became the Energy Policy Act of 2005, a bill receiving a “yes” vote by then-U.S. Sen. Barack Obama.

Meanwhile, almost no focus – comparatively speaking – has gone into scrutinizing Section 999, which subsidizes biased pro-industry studies for a decade and in turn, further legitimizes unfettered fracking nationwide.

Speaking at an industry public relations conference in Houston, TX in 2011 - the same conference in which it was revealed the shale gas industry is using psychological warfare tactics on U.S. citizens and recommending the military’s “Counterinsurgency Field Manual” for “dealing with an insurgency” of Americans concerned about fracking – S. Dennis Holbrook of Independent Oil and Gas Association of New York stated that it’s crucial for industry to “seek out academic studies and champion with universities—because that again provides tremendous credibility to the overall process.”

Section 999: In Service to Big Oil

RPSEA’s “FAQ” section makes its raison d’être crystal clear.

“The objective of RPSEA is to leverage research dollars along with the technical expertise and experience of RPSEA Members to conduct industry led research and development work to help commercialize domestic…Unconventional Onshore Hydrocarbon Resources,” RPSEA’s website explains. “RPSEA will focus on innovative technologies to reduce the costs of production, expand and extend the nation’s hydrocarbon resource base…” Read the rest of this entry →

Exposed: Stratfor’s 3-Step Plan To Conquer & Divide Activists

5:51 pm in Uncategorized by Steve Horn

Cross-Posted from Mint Press News

Part 1 of this exclusive Mint Press News investigation examined the strategies employed by Stratfor precursor Pagan International. So named for its founder Rafael Pagan, corporate clients hired the company with the aim of diffusing grassroots movements mobilized against them around the world.

Stratfor logo

A look at Strategic Forecasting, the private intelligence agency.

Part 2 takes a closer look at how Pagan International’s successor, Mongoven, Biscoe & Duchin (MBD), revised and refined these strategies — and how what began as a corporate public-relations firm evolved into the private intelligence agency Stratfor, which wages information warfare against today’s activists and organizers.

Rafael Pagan — who died in 1993 — was not invited to be a part of his former associate’s new firm, Mongoven, Biscoe & Duchin. His tactic of conquering and dividing activist movements and isolating the “fanatic activist leaders” lived on, though, through his former business partner, Jack Mongoven.

Mongoven teamed up with Alvin Biscoe and Ronald Duchin to create MBD in 1988. While “Biscoe appears to have been a largely silent partner at MBD,” according to the Center for Media and Democracy, Mongoven and Duchin played public-facing starring roles for the firm.

Duchin, like Pagan, had a military background. A graduate of the U.S. Army War College and “one of the original members of [Army] DELTA” — part of the broader Joint Special Operations Command that killed Osama Bin Laden — Duchin had jobs as a special assistant to the secretary of defense and as spokesman for Veterans for Foreign Wars prior to coming to Pagan.

Duchin served as head of the Pentagon’s news division during “Operation Eagle Claw,” President Jimmy Carter’s failed 1980 mission to use special forces to capture the hostages held in Iran.

Referred to by The Atlantic as the “Desert One Debacle” in a story Duchin served as a key confidential source for — as revealed in an email in the “Global Intelligence Files” announcing Duchin’s 2010 death — “Eagle Claw” ended with eight U.S. troops dying, four wounded, one helicopter destroyed, and President Carter’s reputation in the tank. The failed and lethal mission served as the impetus for the creation of the U.S. Special Operations.

Largely avoiding the limelight while working as Pagan’s vice president for Issue management and strategy — the brains of the operation — Duchin became a notorious figure among dedicated critical observers of the public relations industry while co-heading MBD. During MBD’s 15 years of existence, its clients included Big Tobaccothe chemical industryBig Agriculture and probably many other industries never identified due to MBD’s secretive nature.

MBD worked on behalf of Big Tobacco to fend off any and all regulatory efforts aimed in its direction. Philip Morris paid Jack Mongoven $85,000 for his intelligence-gathering prowess in 1993.

Get Government Off Our Back,” an RJ Reynolds front group created in 1994 by MBD for the price of $14,000 per month, serves as a case in point of the type of work MBD was hired to do by Big Tobacco.

“The firm has developed initiatives for RJ Reynolds that advocate pro-tobacco goals through outside organizations; among other projects, the firm organized veterans organizations to oppose the workplace smoking regulation proposed by OSHA,” explains a 2007 study appearing in the American Journal of Public Health. “[It] was created to combat increasing numbers of proposed federal and state regulations on the use and sale of tobacco products.”

Paralleling the Koch Family Foundations-funded Americans for Prosperity groups of today, “Get Government Off Our Back” held rallies nationwide in March 1995 as part of “Regulatory Revolt Month.”

“Get Government Off Our Back” dovetailed perfectly with the Republican Party’s 1994 “Contract with America” that froze new federal regulations. The text of the “Contract” matched “Get Government Off Our Back” “nearly verbatim,” according to the American Journal of Public Health study.

‘Radicals, Idealists, Realists, Opportunists’

While its client work was noteworthy, the formula Duchin created to divide and conquer activist movements — a regurgitation of what he learned while working under the mentorship of Rafael Pagan — has stood the test of time. It is still employed to this day by Stratfor.

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Obama Admin. Approves ALEC Model Bill for Fracking Chemical Fluid Disclosure on Public Lands

11:27 am in Uncategorized by Steve Horn

Natural gas drilling

On May 16, the Obama Interior Department announced its long-awaited rules governing hydraulic fracturing (“fracking”) on federal lands.

As part of its 171-page document of rules, the U.S. Bureau of Land Management (BLM), part of the U.S. Dept. of Interior (DOI), revealed it will adopt the American Legislative Exchange Council (ALEC) model bill written by ExxonMobil for fracking chemical fluid disclosure on U.S. public lands.

ALEC is a 98-percent corporate-funded bill mill and “dating service” that brings predominantly Republican state legislators and corporate lobbyists together at meetings to craft and vote on “model bills” behind closed doors. Many of these bills end up snaking their way into statehouses and become law in what Bill Moyers referred to as “The United States of ALEC.”

BLM will utilize an iteration of ALEC’s “Disclosure of Hydraulic Fracturing Fluid Composition Act” – a bill The New York Times revealed was written by ExxonMobil - for chemical fluid disclosure of fracking on public lands and will do so by utilizing FracFocus.org‘s voluntary online chemical disclosure database.

In a way, it’s all come full circle. As we covered here on DeSmogBlog, the original chemical disclosure standards and the decision to utilize FracFocus’ database came from the Obama Dept. of Energy’s (DOE) industry-stacked Fracking Subcommittee formed in May 2011. DOE gave a $1.5 million grant to FracFocus.

The Texas state legislature soon thereafter adopted the first bill making FracFocus the fracking chemical disclosure database at the state level in June 2011. Since then, it’s been off to the races, with the Council of State Governments adopting the TX bill as model bill in Aug. 2011, ALEC adopting it as a model bill in Oct. 2011, and the bill becoming state law in Colorado, Pennsylvania and other states.

Both the Illinois and Florida state legislatures have also tried to push through this model, but it died dead in its tracks.

FracFocus has been an anemic and failed effort by the Obama Admin. to alter the George W. Bush Admin. “Halliburton Loophole” standards for fracking chemical disclosure, which allowed the recipe of fracking chemicals to remain a “trade secret.” It’s amounted to nothing more than the same game by a different name, with a Harvard study recently giving FracFocus a “failing grade.”

The FracFocus Façade: “Truck-Sized” Disclosure Loopholes

Almost two years after FracFocus‘ debut, it is important to scrutinize its disastrous performance.

“Drilling companies in Texas, the biggest oil-and-natural gas producing state, claimed similar exemptions about 19,000 times this year through August,” explainedBloomberg in a Dec. 2012 investigation. “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.”

One representative from Texas – the original FracFocus state – said it allows “truck-sized” loopholes in chemical disclosure. An earlier investigative effort by Bloomberg explained just how big these 18-wheelers are.

“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. Rep. Diane DeGette, author of the FRAC Act – which would mandate actual fracking chemical disclosure, although it’s never garnered more than a handful of co-sponsors - to say FracFocus offers nothing more than the mirage of transparency.

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 a generous way of putting it. After all, FracFocus is merely a PR front for the oil and gas industry.

FracFocus‘ domain is registered by Brothers & Company, a public relations firm whose clients include industry lobbying tour de force America’s Natural Gas Alliance (ANGA), Chesapeake Energy, and American Clean Skies Foundation – a front group for Chesapeake Energy.

ALEC Model Bill Gone U.S. Public Lands in BLM Rules

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ALEC, CSG, ExxonMobil Fracking Fluid “Disclosure” Model Bill Failing By Design

11:02 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Official portrait of Representative DeGette

Representative Diana DeGette says fracking bills make a mockery of disclosure.

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. Read the rest of this entry →