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Documents: Cheniere Fuels ALEC’s New Push for Fracked Gas Exports

7:18 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Two LNG storage tanks, one labelled with Cheniere logo

Cheniere is pushing ALEC to encourage exporting of fracked gas.

Today, legislative and lobbyist members of the American Legislative Exchange Council (ALEC) voted on model legislation promoting both exports of gas obtained via hydraulic fracturing (“fracking”) and vehicles powered by compressed natural gas (CNG).

Dubbed a “corporate bill mill” by its critics, ALEC is heavily engaged in a state-level effort to attack renewable energy and grease the skids for exports of U.S. oil and gas. Today’s bills up for a vote — as conveyed in an ALEC mailer sent out on June 25 by ALEC’s Energy, Environment and Agriculture Task Force — are titled “Resolution In Support of Expanded Liquefied Natural Gas Exports“ and “Weights and Measures and Standards for Dispensing CNG and LNG Motor Fuels.”

An exclusive investigation conducted by DeSmogBlog reveals that Cheniere — the first U.S. company to receive a final liquefied natural gas (LNG) export permit by the U.S. Federal Energy Regulatory Commission (FERC) — has acted as the lead corporate backer of the LNG exports model resolution.

Further, Clean Energy Fuels Corporation, owned by energy baron T. Boone Pickens, of Pickens Plan fame, and trade associations it is a member of, served as the main pusher of the CNG model resolution.

ALEC has served as a key vehicle through which the fracking industry has curried favor and pushed for policies favorable to their bottom lines in statehouses nationwide. Now ALEC and its corporate backers have upped the ante, pushing policies that will lock in downstream demand for fracked gas for years to come.

With Cheniere becoming an ALEC dues-paying member in May 2013 and with America’s Natural Gas Alliance (ANGA) — the fracking industry’s tour de force — crowned an ALEC member in August 2013, it looks like many more fracking-friendly model bills could arise out of ALEC in the months and years ahead.

According to a document obtained by the Center for Media and Democracy, top ALEC 2014 Annual Meeting sponsors in Dallas include ANGA, ExxonMobil, Chevron, Devon Energy, and TransCanada, among others.

LNG exports will serve as the focus for part one of this series, while CNG vehicles will serve as the focus for part two.

“LNG Day”

The genesis of the Cheniere-backed model bill is tied to a March 26 “LNG Day” reception put together in Baton Rouge, La. on March 26 by the influential lobbying firm, The Picard Group.

“LNG Day gives Legislators the opportunity to learn more about the benefits of natural gas,” exclaimed a press release featuring a photo of the event taken by Dawn Cole of The Picard Group. “Attendance was great and the day was successful.”

That release was disseminated by the Louisiana Mid-Continent Oil and Gas Association, of which Cheniere is a member. Among The Picard Group’s clients: Cheniere, which it is registered to lobby for in Louisiana.

Emails obtained by DeSmogBlog under Louisiana Public Records Act reveal that Laura MacDiarmid, who works as a government and environmental affairs analyst for Cheniere, was copied on email outreach by The Picard Group to Louisiana state representatives inviting them to participate in LNG Day.

Further, “Our Energy Moment“ — the gas industry-funded propaganda campaign promoting LNG exports — put out a release of its own promoting “LNG Day.”

That release featured a quote from Jason French, listed only as a “spokesperson for the Our Energy Moment coalition” in the release. In reality, French serves as director of government and public affairs for Cheniere.

French wrote an article published in the July/August 2013 edition of “Inside ALEC” titled, “LNG Exports – A Story of American Innovation and Economic Opportunity” and also gave a presentation on LNG exports at ALEC’s 2013 Annual Meeting held in Chicago, Ill.

Via email, French confirmed with DeSmogBlog that he will also be giving a presentation at this year’s ALEC meeting in Dallas on LNG exports immediately before the model resolution promoting them receives a vote by ALEC member legislators and corporate lobbyists.

LNG Day, though, was more than a gas industry-manufactured media event. Out of it arose House Concurrent Resolution 29, co-sponsored by Speaker of The House, Rep. Chuck Kleckley and Sen. John A. Alario, Jr. (an ALEC member).

Alario, Jr. has taken significant campaign money from LNG exporters, such as ExxonMobil, Energy Transfer Partners and Sempra.

After HCR 29 passed the House under suspended rules, it also passed unanimously in a 36-0 vote in the Senate on March 25. The next evening after the lights went off on the day-time LNG Day festivities, lobbyists and legislators convened for a corporate-sponsored reception at the Jimmie Davis House.

Among the sponsors — a copy of the invitation obtained via Louisiana Public Records Act shows — were those set to benefit most from a policy of plentiful LNG exports: the frackers and the LNG exporters, such as Chesapeake Energy, ANGA, Our Energy Moment, Cheniere, Trunkline LNG, Magnolia LNG and Sempra LNG and others.

Guessing at Numbers and Figures

The language found within HCR 29 mirrors that found within the ALEC model resolution.

Read the rest of this entry →

Former Obama Energy Aide Named to Board of Fracked Gas Exports Giant Cheniere

11:14 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

 

Face photo of Heather Zichal

Revolving door: An Obama energy aide may join a fracking giant.

Heather Zichal, former Obama White House Deputy Assistant to the President for Energy and Climate Change, may soon walk out of the government-industry revolving door to become a member of the board of directors for fracked gas exports giant Cheniere, who nominated her to serve on the board.

The announcement, made through Cheniere’s U.S. Securities and Exchange Commission Form 8-K and its Schedule 14A, comes just as a major class-action lawsuit was filed against the board of the company by stockholders.

In reaction to the lawsuit, Cheniere has delayed its annual meeting. At that meeting, the company’s stockholders will vote on the Zichal nomination.

The class-action lawsuit was filed by plaintiff and stockholder James B. Jones, who alleges the board gave stock awards to CEO Charif Souki in defiance of both a stockholders’ vote and the company’s by-laws.

Souki — a central character in Gregory Zuckerman‘s book The Frackers — became the highest paid CEO in the U.S. as a result of the maneuver, raking in $142 million in 2013, $133 million of which came from stock awards.

Zichal was nominated to join Cheniere’s audit committee of the board, and will be paid $180,000 per year for the gig if elected.

Among the audit dommittee duties: “Prepare and review the audit committee report for inclusion in the proxy statement for the company’s annual meeting of stockholders,” which is now set for September 11 after the push-back following the filing of the stockholder class-action lawsuit.

“The audit committee’s responsibility is oversight, and it recognizes that the company’s management is responsible for preparing the company’s financial statements and complying with applicable laws and regulations,” Cheniere’s audit committee charter further explains.

Cheniere (stock symbol LNG, shorthand for “liquefied natural gas”) is currently awaiting a final decision on Corpus Christi LNG, its proposed LNG exports facility. That terminal would send gas obtained predominantly via hydraulic fracturing (“fracking”) to the global market.

The company already received the first ever final approval to export fracked gas from the U.S. Federal Energy Regulatory Commission (FERC) in April 2012 for itsSabine Pass LNG export terminal, which is scheduled to be operational by late-2015.

The nature of what role Zichal will play on the board and audit committee of the first company to make a major bet on LNG exports remains unclear. But one thing remains clear: she joins a politically well-connected cadre of Cheniere board members.

Other prominent Cheniere board members include John Deutch, former head of the U.S. Central Intelligence Agency (CIA) and Vicky Bailey, a FERC commissioner, both of whom worked for the Clinton administration.

And given Zichal’s former role as liaison between the oil and gas industry at the White House and her track record serving in that role, it raises the question: was she working for the industry all along?

Zichal Oil and Gas Services

Zichal was best known to many as the main mediator between the oil and gas industry and the White House during her time working for the Obama administration. In fact, Cheniere cites that experience as the rationale for nominating her to serve on the board.

“Zichal has extensive knowledge of the domestic and global energy markets as well as the U.S. regulatory environment,” reads the “skills and qualifications” portion of her nomination announcement on Cheniere’s Schedule 14A. “She brings a diversified perspective about the energy industry to our board having served in significant government positions during her career.” 

As Obama’s “climate czar,” Zichal headed up the effort — mandated via an April 13, 2012 Obama Executive Order — to streamline regulatory oversight of the gas industry in the U.S.

Titled, “Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources,” the Executive Order signed in the form of a “Friday news dump” created “a high-level, interagency working group that will facilitate…domestic natural gas development” overseen by Zichal.

Obama signed the Executive Order after meeting with Jack Gerard, head of the American Petroleum Institute (API), and other industry leaders. According to EnergyWire, API requested the creation of that working group.

“We have called on the White House to rein in these uncoordinated activities to avoid unnecessary and overlapping federal regulatory efforts and are pleased to see forward progress,” Gerard told the Associated Press in response to a question about the order.

A month later on May 15, Zichal spoke to API about her efforts and those of the Obama administration on fracking.

“It’s hard to overstate how natural gas — and our ability to access more of it than ever — has become a game-changer and that’s why it’s been a fixture of the President’s ‘All of the Above’ energy strategy,” she told API.

Just think about it: a few years ago, the conventional wisdom was that the United States would need to build more terminals to import natural gas overseas. And today, America is the world’s leading producer of natural gas and we’re actually exploring opportunities for exports.

As a May 2012 Bloomberg article explained, among Zichal’s tasks was wooing API head Jack Gerard, which she appears to have succeeded at.

Similar to the interagency working group created by the April 13, 2012, Executive Order, Zichal also oversaw the Bakken Federal Executives Group, which was created through the signing of Executive Order 13604 on March 22, 2012. That order was part of the same package that called for expedited building of the southern leg of the Keystone XL tar sands pipeline.

Executive Order 13604 created an interagency steering committee with a goal “to significantly reduce the aggregate time required to make federal permitting and review decisions on infrastructure projects while improving outcomes for communities and the environment.”

Zichal was also instrumental in legalizing the American Legislative Exchange Council‘s (ALEC) approach for fracking chemical fluid disclosure on U.S. public lands, overseen by the U.S. Department of Interior’s Bureau of Land Management.

“Zichal met more than 20 times in 2012 with industry groups and company executives lobbying on the proposed rule,” reported EnergyWire. “Among them were the American Petroleum Institute (API) and the Independent Petroleum Association of America (IPAA), along with BP America Inc., Devon Energy Corp. and Exxon Mobil Corp.”

Beyond overseeing streamlined permitting for fracking sites on both public and private lands, Zichal also oversaw the White House file for the Pavillion, Wyo., fracking groundwater contamination study.

Conducted by the U.S. Environmental Protection Agency (EPA), many believe the White House — counseled by Zichal — made a political calculus to cancel the ongoing investigation, the first of three major major studies on the subject shutdown by the EPA.

“Deeply Embedded”

The Zichal nomination is taking place alongside the deployment of the Obama Administration regulating coal-fired power plants through the U.S. Environmental Protection Agency. The rule is a de facto endorsement of fracking and gas-fired power plants as part of the “all of the above” energy policy.

As the Zichal case makes clear with regards to climate change-causing fracked gas, LNG exports flow through the revolving door in Washington, DC, and beyond.

“The fact that one of Obama’s top climate advisors is now helping expand fossil fuel use raises questions about how deeply embedded oil and gas industry interests are in the administration,” Jesse Coleman, a researcher for Greenpeace USA told DeSmogBlog.

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:

Read the rest of this entry →

Stink Tanks: Historical Records Reveal State Policy Network Was Created by ALEC

9:24 am in Uncategorized by Steve Horn

Cross-Posted by DeSmogBlog 

The Madison Hotel, DC

A 1991 report tracked down by DeSmogBlog from the University of California-San Francisco’s Legacy Tobacco Documents reveals that the State Policy Network (SPN) was created by the American Legislative Exchange Council (ALEC), raising additional questions over both organizations’ Internal Revenue Service (IRS) non-profit tax status.

Titled “Special Report: Burgeoning Conservative Think Tanks” and published by the National Committee for Responsive Philanthropy, the report states that State Policy Network’s precursor — the Madison Group — was “launched by the American Legislative Exchange Council and housed in the Chicago-based Heartland Institute.”

Further, Constance “Connie” Campanella — former ALEC executive director and the first president of the Madison Group — left ALEC in 1988 to create a lobbying firm called Stateside Associates. Stateside uses ALEC meetings (and the meetings of other groups) as lobbying opportunities for its corporate clients.

“Stateside Associates is the largest state and local government affairs firm,” according to its website. “Since 1988, the Stateside team has worked across the 50 states and in many local governments on behalf of dozens of companies, trade associations and government and non-profit clients.”

Named Constance Heckman while heading ALEC, Campenella also formerly served on the Board of Directors of Washington Area State Relations Group, a state-level lobbyist networking group. 

“The Washington Area State Relations Group (WASRG) is one of the nation’s largest organizations dedicated exclusively to serving state government relations professionals,” explains its website. “Since the mid-1970s, WASRG has been providing its corporate, trade association and public sector members with a unique and valuable opportunity to interact with their peers, key state officials and public policy experts.”

Shadow Lobbying All Along

ALEC is currently under fire for potentially abusing its 501(c)(3) non-profit IRS charity tax status, acting as a shadow lobbying apparatus and “corporate bill mill” throughout its 40 years of existence.

In response to criticism, internal documents recently revealed by The Guardian show that ALEC created a 501(c)(4) group called the Jeffersonian Project, a move activists said was a tacit admission ALEC has illegally served as a lobbying apparatus from the beginning.

What Campanella understood and cashed in on by creating Stateside Associates was how the “shadow lobbying” process works. Her career move from serving as ALEC’s executive director to setting up Stateside is another indicator ALEC and related groups facilitate lobbying.

“Stink Tanks” Ideas Factory

While ALEC facilitates passage of “model bills” — what the Center for Media and Democracy (CMD) has coined a “corporate bill mill” — State Policy Network proliferates the ideas legitimizing the myriad models that become legislation in statehouses nationwide.

These ideas come in the form of what CMD and Progress Now call “Stink Tanks,” modeled to be “mini-Heritage Foundations” by one of its original funders, Thomas Roe. State Policy Network has 64 state affiliates.

Roe, who passed away in 2000, served as vice chairman and finance chairman of the Republican Party in South Carolina and as a member of the Republican National Finance Committee. The Heritage Foundation, where Roe served on the Board of Trustees, now houses the Thomas Roe Institute for Economic Policy Studies.

Though current State Policy Network president Tracie Sharp claimed SPN member groups don’t coordinate with one another in a November Politico article, Roe explicitly funded the organization to do just that.

“Starting in 1987, these organizations began meeting regularly as the Madison Group…to trade information and discuss strategies,” a history of SPN published in 2007 explains. “Roe believed that these get-togethers were so helpful that they should be formalized through a professional association that would host annual conferences, provide services, and improve communications among its members.”

To this day, State Policy Network hands out an annual Roe Award.

“The annual Roe Award pays tribute to those in the state public policy movement whose achievements have greatly advanced the free market philosophy. It recognizes leadership, innovation and accomplishment in public policy,” explains the SPN website. “The award is an eagle, a symbol of liberty and the courage and conviction necessary for its preservation.”

“Winning is the Operative Word”

In introducing the “Burgeoning Conservative Think Tanks” report in a July 1991 letter to Kurt Malmgren — then the Senior Vice President of State Activities for the Tobacco Institute — former ALEC Executive Director Sam Brunelli wrote “winning is what ALEC is all about.”

“Winning is the operative word. It is an experience you can appreciate because winning the public policy debate will continue to have a tremendous positive effect on the ‘bottom line’ of your company,” Brunelli wrote.

“At ALEC, we bring together, in an intellectually and challenging environment, state legislators and corporate and business executives, wherein we provide the mixture of determination, dedication, preparation, and teamwork — those elements so necessary to winning!”

Yet, it’s fair to say after a week of hard-hitting investigative journalism by The Guardian and many other outlets, both ALEC and the State Policy Network have doubled down on defense and are not “winning” for now. Read the rest of this entry →

Stink Tanks: State Policy Network Internal Budget Documents Revealed by The Guardian

10:00 pm in Uncategorized by Steve Horn

The Madison Hotel, DC

Cross-Posted from DeSmogBlog

It’s been a rough week for the American Legislative Exchange Council (ALEC). The “corporate bill mill” group’s annual States & Nation meeting was overshadowed by damaging evidence of misconduct revealed by The Guardian.

And it just got a whole lot rougher with yet another investigative installment in The Guardian series.

This time, instead of focusing on ALEC alone, Guardian reporters Suzanne Goldenberg and Ed Pilkington took a big swing at what Center for Media and Democracy and Progress Now have called the “stink tanks” network run by the right-wing State Policy Network (SPN). Leaked a copy of SPN’s tax and budget proposal published in July 2013, the documents offer a rare glimpse inside the SPN machine.

One of the biggest revelations in the energy and environment sphere: SPN Associate Member, the Beacon Hill Institute “requested $38,825…to weaken or roll back a five-year effort by states in the region to reduce greenhouse gas emissions,” explained The Guardian. ”The institute said it would carry out research into the economic impact of the cap-and-trade system operating in nine states known as the Regional Greenhouse Gas Initiative.”

“BHI appeared to have already arrived at its conclusions in advance, admitting from the outset that the aim of the research was to arm opponents of cap-and-trade with data for their arguments, and to weaken or destroy the initiative.”

Another huge related development came in a piece published concurrently by The Guardian. That piece pointed out that Beacon Hill Institute is in trouble with its host institution Suffolk University for pushing research explicitly funded by SPN to oppose the Regional Greenhouse Gas Initiative, with research results already determined before the inquiry began.

“The stated research goals, as written, were inconsistent with Suffolk University’s mission,” Greg Gatlin, the university’s vice-president for marketing and communications, wrote in an email to The Guardian.The Beacon Hill Institute’s grant proposal did not go through the university’s approval process. The university would not have authorized this grant proposal as written.”

Searle, Monsanto, “The Don”: Oh My

The Guardian‘s piece is based on funding proposals from SPN member organizations handed to the Searle Freedom Trust, “a private foundation that in 2011 donated almost $15m to largely rightwing causes,” the paper explains.

“The trust, founded in 1998, draws on the family fortune of the late Dan Searle of the GD Searle & Company empire – now part of Pfizer – which created NutraSweet,” wrote The Guardian. “The trust is a major donor to such mainstays of the American right and the Tea Parties as Americans for Prosperity, the American Legislative Exchange Council (Alec), the Heartland Institute and the State Policy Network itself.”

Prior to Pfizer buying it out, Searle was a wholly owned subsidiary of transnational agribusiness giant, Monsanto. Donald Rumsfeld, former Secretary of Defense under President George W. Bush, served as CEO of Searle & Company from 1977-1985. Rumsfeld left the firm after it was purchased by Monsanto, personally earning $12 million on the deal.

Donors Trust/Donors Capital, Chicago Ties

The Chicago-based Searle Freedom Trust also gives big money to Donors Trust/Donors Capital, donating $1,880,000 between 2009 and 2011 according to SourceWatch and millions more to ALEC, according to the Bridge Project. Donors is referred to by Mother Jones reporter Andy Kroll as the ”the dark-money ATM of the conservative movement.”

The Windy City ties that bind are key. Among them, the Chicago-based Heartland Institute and the ”anonymous donor” behind its anti-science climate denial campaign (mentioned in the “Heartland Institute Exposed” documents), Chicago billionaire Barre Seid.

The Guardian‘s piece notes that Chicago Mayor Rahm Emanuel — the former chief of staff to President Barack Obama who has been dubbed “Mayor 1%” by Chicago activists and in a recent book by Kari Lyderson — was selected by SPN member the Illinois Policy Institute as the ideal spokesman for slashing pensions of public sector workers in Illinois.

Today, Illinois Democratic Party Governor Pat Quinn signed legislation doing just that.

“Mini-Heritage Foundations”

Holding its first meeting at the Madison Hotel in Washington DC, and coining itself the Madison Group, the right-wing Powell Memo-inspired founders of the group envisioned the organization to consist of a nationwide network of “mini-Heritage Foundations,” according to The National Review.

Decades later, the vision has come to fruition, with the State Policy Network’s $83 million worth of “stink tanks” polluting the public square with the ideas necessary to push forward ALEC’s corporate agenda. Read the rest of this entry →

Documents: ALEC’s Looming Attacks on Clean Energy, Fracking Laws, Greenhouse Gas Regulations

4:05 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The Guardian has released another must-read piece about the American Legislative Exchange Council (ALEC), this time laying bare its anti-environmental agenda for 2014.

The paper obtained ALEC’s 2013 Annual Meeting Policy Report, which revealed that ALEC — dubbed a “corporate bill mill” for the statehouses by the Center for Media and Democracy — plans more attacks on clean energy laws, an onslaught of regulations pertaining tohydraulic fracturing (“fracking”) and waging war against Environmental Protection Agency (EPA) greenhouse gas regulations.

“Over the coming year, [ALEC] will promote legislation with goals ranging from penalising individual homeowners and weakening state clean energy regulations, to blocking the Environmental Protection Agency, which is Barack Obama’s main channel for climate action,” explained The Guardian. “Details of ALEC’s strategy to block clean energy development at every stage, from the individual rooftop to the White House, are revealed as the group gathers for its policy summit in Washington this week.”

The documents also reveal ALEC’s boasting of introducing myriad “model resolutions” nationwide in support of fast-tracking approval for the northern half of Transcanada’s Keystone XL pipeline, along with another “model bill” — the “Transfer of Public Lands Act” already introduced in Utah — set to expropriate federally-owned public lands to oil, gas and coal companies.

Attacks from Household to White House

Among the more interesting discoveries by The Guardian: ALEC has plans to attack clean energy from the household-level to the White House-level, working in service to its utility industry members’ unfettered profits.

John Eick, legislative analyst for ALEC’s Energy, Environmental and Agriculture Task Force, told The Guardian that ALEC is closely scrutinizing “how individual homeowners with solar panels are compensated for feeding surplus electricity back into the grid.”

“As it stands now, those direct generation customers are essentially freeriders on the system,” Eick told The Guardian. “They are not paying for the infrastructure they are using. In effect, all the other non direct generation customers are being penalised.”

Yet, far from a “free ride,” a report commissioned by the Arizona Public Service found household solar panels offer a “range of benefits.” Distributed energy generation defers the need for capital allocation into utility investments, saving ratepayers money in avoiding investments into expensive utility projects.

Not limiting itself to penalizing those installing solar panels on their homes, ALEC has also joined the right wing echo chamber in waging war against President Barack Obama’s push to regulate coal-fired power plants and has a model resolution that will be voted on at its States and Nation Summit taking place this week in Washington, DC.

“ALEC is very concerned about the potential economic impact of greenhouse gas regulation on electricity prices and the harm EPA regulations may have on the economic recovery,” the resolution reads.

This effort is in line with its previous efforts, coining EPA regulations of greenhouse gases a “regulatory trainwreck” and calling for a two-year regulatory moratorium.

ALEC’s Frack Attack

Read the rest of this entry →

Fracking Lobby’s Tax Forms: Big Bucks to Media, “Other ALECs,” Democratic PR Firms

12:07 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

America’s Natural Gas Alliance (ANGA)- the public relations arm of the oil and gas fracking industry – has released its 2012 Internal Revenue Services (IRS) 990 form, and it’s rich with eye-opening revelations, some of which we report here for the first time.

Incorporated as American Natural Gas Alliance, Inc., ANGA received $76.7 million from its dues-paying members for fiscal year 2012. Not strictly a lobbying force alone at the state-level and federal-level, ANGA has pumped millions of dollars into public relations and advertising efforts around the country and hundreds of thousands more into other influence-peddling avenues.

The Nation Magazine‘s Lee Fang revealed in a recent piece that ANGA gave $1 million in funding to Truthland, a pro-fracking film released to fend off Josh Fox’s Gasland: Part II.

On its website, Truthland says it is a project of both industry front group Energy in Depth and the trade association, Independent Petroleum Association of America. The Truthland website was originally registered in Chesapeake Energy’s office, Little Sis revealed.

Fang also revealed ANGA gave $25,000 to “ASGK Strategies, a political consulting firm founded by White House advisor David Axelrod,” as well as “$864,673 to Edventures Partners, an education curriculum company that has partnered with ANGA to produce classroom materials that promote the use of natural gas.”

In his piece, Fang also points out ANGA has given millions of dollars to Democratic Party-affiliated PR firms, perhaps unsurprising given its new CEO is Martin “Marty” Durbin, nephew of U.S. Sen. Dick Durbin (D-IL), the U.S. Senate’s Majority Whip.

“The 990 shows that ANGA paid the Glover Park Group over $2.9 million for ‘research/advertising’ and Dewey Square Group $738,957 for ‘grassroots communications.,’” wrote Fang. “Both firms are run by mostly former Clinton administration officials.” ANGA donated another $6,500 to Dewey Square for general operational support.

Donations to Media Outlets

ANGA also gave big to media outlets, a DeSmog review of the 990 reveals. It doled out $165,000 to The Texas Tribune, $100,000 to Bloomberg Businessweek, $50,000 to National Journal and another $25,000 to the Environmental Media Association, co-founded by Norman Lear, also the co-founder of the liberal group People For the American Way.

Departing New York City Mayor Michael Bloomberg – owner and namesake of Bloomberg Businessweek – is also a major financial supporter of fracking, giving $6 million to the Environmental Defense Fund in August 2012 to promote “responsible regulation” in 14 states. He also gave money to EDF’s recently-published controversial fracking climate study.

ANGA also recently became a founding partner of MSNBC.com‘s newly launched website, on whose platform it will regularly publish “native advertisements,” sometimes also referred to as “branded content.” Axelrod – whose PR firm also gets money from ANGA - works as a paid senior political analyst for MSNBC and NBC.

Bipartisanship, Attacks on Renewables, Money to Green Group

One thing is crystal clear in ANGA’s 990 forms: they “buypartisan.” That is, they donate money to both sides of the political aisle, although the bulk of the dollars flows to the right.

ANGA donated $25,000 to the Democratic Attorneys General Association, while giving nine times as much to the Republican Governors Association to the tune of $225,000. It then tossed another $200,000 to the Republican State Leadership Committee, throwing $25,000 more to Third Way, a think-tank of sorts of the corporate Blue Dog Democrats.

Not content with its vast market share of the U.S. utilities market, ANGA gave $100,000 to the “Care for Michigan Coalition,” an industry-funded nonprofit created to defeat Michigan’s Proposal 3 in the November 2012 elections. Proposal 3 would have mandated 25-percent of Michigan’s energy portfolio come from renewable energy sources by 2025, known by energy policy wonks as 25×25.

Other major Care for Michigan Coalition donors included Warren Buffett’s BNSF (whose trains carry vast amounts of frac sand and oil fracked from North Dakota’s Bakken Shale), DTE Energy, CMS Energy and the Michigan Manufacturers’ Association.

ANGA didn’t limit its patronage to sworn enemies of renewable energy, though. It also handed $30,000 to the Texas League of Conservation Voters.

Donations to “Other ALECs”

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Obama’s Former PR Flack: Thread Tying Keystone XL, PA Gov’s Race Together

10:11 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Pennsylvania Democratic Party gubernatorial candidate and former head of the PA Department of Environmental Protection, Kathleen “Katie” McGinty, has hired powerful PR firm SKDKnickerbocker for her campaign’s communications efforts.

Katie McGinty hired powerful PR firm SKDKnickerbocker

SKDKnickerbocker – once known as Squier Knapp Dunn - is co-owned by President Barack Obama’s former Communications Director Anita Dunn and a member of Obama’s national media team for his 2008 run for President, Bill Knapp. Both Dunn and Knapp previously did PR for U.S. Secretary of State John Kerry’s 2004 run for President, as well.

One of SKDKnickerbocker’s key clients is TransCanada, owner of the Keystone XL tar sands export pipeline.

Another key SKDKnickerbocker client: Association of American Railroads, that industry’s version of the American Petroleum Institute. Rail is an increasingly viable alternative to pipelines for bringing tar sands - and fracked oil - to market.

Both McGinty and Dunn also have key marital connections with skin in the game for the looming decision over the prospective northern half of Keystone XL: Karl Hausker and Robert “Bob” Bauer, respectively.

Like Husband, Like Wife

Hausker is the former Vice President of ICF International, one of the three contractors chosen by TransCanada to do the now hotly contested U.S. State Department Keystone XL environmental review.

ICF and the more-publicized Environmental Resources Management, Inc. (ERM Group)concluded that Keystone XL’s northern half would have negligible climate change impacts. Keystone XL’s southern half - TransCanada’s Gulf Coast Pipeline - is 95-percent built and ready to send 700,000 barrels a day of tar sands from Cushing, Oklahoma to Port Arthur, Texas by year’s end.

A previous DeSmog investigation also revealed Hausker and McGinty have myriad ties to the controversial horizontal drilling process known as hydraulic fracturing (“fracking”), both at the federal and state level.

Bauer is President Obama’s personal attorney, former White House Counsel and Obama’s election law attorney for the 2008 and 2012 elections, as well as John Kerry’s 2004 election law attorney. Best known for bending election law to help corporations flood electoral races with more and more money, the private law firm he works at – Perkins Coie – has an attorney-client relationship with TransCanada in Alaska.

Pennsylvania’s Fracked!

The top three front-runners for governor in Pennsylvania’s gubernatorial campaign are all fracking cheerleaders: McGinty; DEP head after McGinty, Democrat John Hanger; and the incumbent, Republican Tom Corbett.

McGinty currently works for the shale gas industry as a business partner of Ed Rendell’s at Element Partners, which provides investment capital to shale gas industry start-ups.

She also sat on the industry-stacked U.S. Department of Energy Fracking Subcommittee, which penned the fracking chemical disclosure standards that would eventually become an American Legislative Exchange Council (ALEC) model bill and part of President Obama’s Department of Interior’s rules for fracking on public lands.

John Hanger – a key character in Gasland - has increasingly become a fracking apologist since leaving the DEP when Corbett won the 2010 election. So much so, in fact, he was interviewed for the Energy In Depth-produced propaganda film, Truthland.

Last winter, Hanger penned an article criticizing DeSmog‘s coverage of the shale gas bubble, and he recently wrote a telling piece for The Guardian titled, “If you care about the environment, you should welcome natural gas fracking.” Telling because Cornell University scientists have discovered fracking is dirtier than coal production when measured over its entire lifecycle.

And under Corbett, Pennsylvania has more or less become a “banana republic” run by a “Banana Republican,” with the industry running roughshod over rural communities left and right with little accountability – nay, rewarded for doing so. Corbett raised over $1.8 million from the frackers for his 2010 electoral campaign and the same is likely in the cards for 2014.

To put it bluntly and succinctly: Pennsylvania’s fracked. Which means at the end of the day, we all are. Read the rest of this entry →

Florida Pushing ALEC, CSG Sham Fracking Chemical Disclosure Model Bill

7:09 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Florida may soon become the fourth state with a law on the books enforcing hydraulic fracturing (“fracking”) chemical disclosure. The Florida House of Representatives’ Agriculture and Natural Resources Subcommittee voted unanimously (11-0) on March 7 to require chemical disclosure from the fracking industry. For many, that is cause for celebration and applause.

FL Rep. Ray Rodrigues didn’t mention the law still contains the “trade secrets” loophole.

Fracking for oil and gas embedded in shale rock basins across the country and world involves the injection of a 99.5-percent cocktail of water and fine-grained sillica sand into a well that drops under the groundwater table 6,000-10,000 feet and then another 6,000-10,000 feet horizontally. The other .5 percent consists of a mixture of chemicals injected into the well, proprietary information and a “trade secret” under the Energy Policy Act of 2005, which current President Barack Obama voted “yes” on as a Senator.

That loophole is referred to by many as the “Halliburton Loophole” because Dick Cheney had left his position as CEO of Halliburton - one of the largest oil and gas services corporations in the world – to become Vice President and convene the Energy Task Force. That Task Force consisted of the Secretaries of State, Treasury, Interior, Agriculture, Commerce, Transportation and Energy. One of its key actions was opening the floodgates for unfettered fracking nationwide.

Between 2001 and the bill’s passage in 2005, the Task Force held over 300 meetings with oil and gas industry lobbyists and upper-level executives. The result was a slew of give-aways to the industry in this omnibus piece of legislation. On top of the “Halliburton Loophole,” the bill also contains an exemption for fracking from Environmental Protection Agency (EPA) enforcement of the Clean Water Act and the Safe Drinking Water Act.

The federal-level response to closing the ”Halliburton Loophole” is the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act, a bill that never garnered more than a handful of co-sponsors.

The state-level response, the story goes, is versions of the bill that recently passed onan 11-0 bipartisan basis in a Florida state house subcommittee.

Introduced as the “Fracturing Chemical Usage Disclosure Act” on Feb. 13, bill sponsor Rep. Ray Rodrigues (R-76) told The Palm Beach Post the day the bill passed in Subcommittee that there is ”every indication … at some point in the future” that fracking will proceed in the Sunniland Shale basin and that being “proactive” is the way to go. A senate companion bill was also introduced as SB 1028 by Sen. Jeff Clemons (D-27) and if the bill passes in both chambers, it will be labeled SB 1776.

What Rodrigues didn’t mention: the law was written by what investigative journalist Steve Coll referred to as a “private empire,” ExxonMobil.

Like its federal-level predecessor, it still contains the “trade secrets” loophole. It’s also a model bill distributed both by the American Legislative Exchange Council (ALEC), asfirst revealed by The New York Times in April 2012, and the Council of State Governments (CSG), as first revealed here on DeSmogBlog.

FracFocus Façade: Sunshine State’s Copy-Paste and Disaster-in-the-Make

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ALEC Sham Chemical Disclosure Model Tucked Into Illinois Fracking Bill

12:29 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

Illinois Capitol Dome

Illinois is the next target for ALEC's environmental tampering.

Illinois is the next state on the American Legislative Exchange Council (ALEC)‘s target list for putting the oil industry’s interests ahead of the public interest.

98 percent funded by multinational corporations, ALEC is described by its critics as a “corporate bill mill” and a lobbyist-legislator dating service. It brings together corporate lobbyists and right wing politicians to vote up or down on “model bills” written by lobbyists in service to their corporate clientele behind closed doors at its annual meetings.

These “models” snake their way into statehouses nationwide as proposed legislation and quite often become the law of the land.

Illinois, nicknamed the “Land of Lincoln,” has transformed into the “Land of ALEC” when it comes to a hydraulic fracturing (“fracking”) regulation bill - HB 2615, the Hydraulic Fracturing Regulation Act - currently under consideration by its House of Representatives. “Fracking” is the toxic horizontal drilling process via which unconventional gas and oil is obtained from shale rock basins across the country and the world.

HB 2615 - proposed on Feb. 21 with 26 co-sponsors - has an ALEC model bill roped within this lengthy piece of legislation: the loophole-ridden Disclosure of Hydraulic Fracturing Fluid Composition Act.

As covered here on DeSmogBlogthis model bill has been proposed and passed in numerous statehouses to date. If the bill passes, Illinois’ portion of the New Albany Shale basin will be opened up for unfettered fracking, costumed by its industry proponents as the “most comprehensive fracking legislation in the nation.”

“If At First You Don’t Succeed, Dust Yourself Off and Try Again”

This isn’t ALEC’s first fracking-related crack at getting a model bill passed in Illinois. In 2012, the Disclosure of Hydraulic Fracturing Fluid Composition Act – introduced as SB 3280 - passed unanimously by the Illinois Senate but never passed the House.

SB 3280 isn’t merely an ALEC model, but is a Council of State Government’s (CSG) model, too, as covered here on DeSmog.

The “disclosure” standards’ origins lay in the Obama Department of Energy’s (DOE) industry-stacked fracking subcomittee, formed in May 2011 ”to study the practice of hydraulic fracturing (fracking), and determine if there are ways, or even a necessity, to make it safer for the environment and public health.”

As exposed by The New York Times in April 2012, these ”disclosure” standards were originally written by ExxonMobil, first passed in Texas in June 2011, and now serve as both an ALEC and CSG model bill for the states. I say “disclosure” – as opposed to disclosure – because the bill includes loopholes for “trade secrets,” ala the “Halliburton Loophole” written into the industry-friendly federal Energy Policy Act of 2005.

Section 77 of HB 2615, titled “Chemical disclosure; trade secret protection,” also includes the same trade secrets exemption from the ALEC/CSG ExxonMobil-written model bill.

Ever persistent, ALEC has taken the late pop diva Aaliyah’s words to heart with regards to chemical fluids “disclosure,” at first not succeeding and dusting itself off and trying again.

The FracFocus Façade

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