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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.

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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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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

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Leaked Documents Reveal IRS Concerns, Funding Crisis At ALEC

1:35 pm in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

The Guardian has published a major investigative piece that once again exposes the scandalous ways of the right wing lobbying group, American Legislative Exchange Council(ALEC).

Among the biggest revelations: ALEC may soon face a budget crisis, and is feeling the heat of public pressure from activists and its own membership in the aftermath of the Trayvon Martin shooting by George Zimmerman in FloridaDozens of corporations have jumped ship from what critics have coined a “corporate bill mill” for statehouses nationwide.

Another explosive revelation: ALEC State Chairs were handed a draft pledge to put ALEC’s interests over its constituents’ interests, asked to “act with care and loyalty and put the interests of [ALEC] first.” ALEC confirmed to The Guardian that it was “not adopted by the membership committee or by any of the state chairs.”

The Guardian obtained ALEC’s Board of Directors’ meeting minutes which reveal that ALEC has created a 501(c)(4) non-profit organization called The Jeffersonian Project.

Creation of the Jeffersonian Project – paralleling ALEC’s self-serving branding as standing for “Jeffersonian principles” - could be seen as a tacit admission that ALEC had been illegally operating as a shadow lobbying organization on behalf of its corporate members for the past four decades.

ALEC’s budget hole from the exodus of corporate members has inspired a campaign to win corporate members back to the exclusive club, calling it thebiblically-inspired ”Prodigal Son Project.” Desperate for more member-based funding, ALEC is considering recruiting gambling companies into its member base.

Jeffersonian Project Legal Lifeline

Not going so far as to admit it has acted as an illegal shadow lobbying organization for the past four decades, ALEC’s attorney Alan Dye weighed in on the Jeffersonian Project in a letter, “though we do not believe that any activity carried on by Alec is lobbying, the IRS could disagree…Alec has been approached by donors who are willing to make sizable donations, but insist that the donations go to a section 501(c)(4) organization.”

Put another way, the Jeffersonian Project could be ALEC’s lifeline to keep itself in legal territory and therefore, afloat. ALEC says so itself, in fact.

“Any activity that could be done by Alec may be done by Jeffersonian Project if legal counsel advises it would provide greater legal protection or lessen ethics concerns,” notes from its Board Meeting state, adding 501(c)(4) status answers “questions of ethical violations made by our critics and state ethics boards and provides further legal protection.”

Lisa Graves, Executive Director for the Center for Media and Democracy (CMD) responded to ALEC’s lifeline creation, saying, “It should have disclosed its lobbying long ago.”

Pro-Fracking, Anti-Regulatory Agenda for Upcoming Meeting

These findings by The Guardian come just one day before ALEC’s forthcoming States and Nation Policy Summit in Washington, DC, in which pro-fracking and anti-regulatory model bills and presentations will be the centerpiece of the Energy, Environment and Agriculture Task Force’s convening. Shale gas industry lobbying powerhouse America’s Natural Gas Alliance will be named as a corporate member at the meeting.

As CMD’s PR Watch revealed in an August article, the “United States of ALEC” has already proposed 77 ALEC anti-environmental “model bills” in statehouses nationwide in the first three quarters of 2013.

DeSmogBlog will be covering the events of the upcoming DC meeting closely in the coming days.

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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New Gas Industry Astroturf: Landowner Advocates of NY Buses Activists to Albany Pro-Fracking Rally

6:54 am in Uncategorized by Steve Horn

Cross-Posted from DeSmogBlog

A pro-fracking rally held on Oct. 15 in Albany, NY was described by about a dozen local media outlets as a gathering of roughly 1,000 grassroots activists from all walks of life.

All came out to add their voice to the conversation regarding the extraction of unconventional gas from the Marcellus Shale basin in New York state. But the marchers weren’t concerned landowners worried about losing their water supplies or property values. Their demand: to lift the current moratorium on fracking, which was prolonged by Democratic Gov. Andrew Cuomo on Sept. 30.

One rally attendee, Doug Lee, described the ongoing fracking moratorium as a “communist act” to the Albany Times-Union. Another described anti-fracking activists as “well-funded and organized activists masquerading as environmentalists, who often do not need to make a living in our communities.” Republican Sen. Tom Libous, observed that Hollywood stars Mark Ruffalo and Debra Winger weren’t on the scene, telling them to ”Stay in Hollywood. We don’t want you here.”

Unmentioned by any of the news outlets that covered the event was a crucial fact: these weren’t actual “grassroots” activists, but rather astroturf out-of-towners bused in from counties all across the state. Their journey was paid for by the legitimately “well-funded” oil and gas industry, which raked in profits of $1 trillion in the past decade.

According to the Associated Press, the pro-fracking rally and march were organized by a brand new front group called the Landowner Advocates of New York formed in the immediate aftermath of the recent Cuomo decision to stall on opening the fracking floodgates.

The well-known industry front group, Energy in Depth (EID), announced the launch of the Landowner Advocates of New York in an Oct. 3 blog post, mere days after the Cuomo announcement. Lee (the same man who accused Cuomo of partaking in a “communist act” by extending the fracking moratorium) wrote about the rationale behind the group’s genesis – which he is the head of and which he registered the website for – in the EID post announcing the Landowner Advocates’ launch:

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