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Overseeing Koch Profits: The Roots of David Vitter’s Green Billionaires Club Report

7:12 pm in Uncategorized by Steve Horn

Caricatures of the Koch Bros.

A deeper look at the Koch Bros ties to a recent congressional report.

A DeSmogBlog investigation reveals that Kristina Moore, the Senate staffer listed as the author of U.S. Sen. David Vitter’s (R-La.) “green billionaire’s club” report published by the Senate Environment and Public Works Committee (EPW) on July 30, has career roots tracing back to the Koch Brothers’ right-wing machine.

Metadata from Vitter’s green billionaire’s club report shows Moore’s name as the author, though it remains unclear whether or not she authored it alone. Moore did not respond to a question about her authorship sent via email.

During a July 30 presentation of the report given to conservative transparency advocacy group Cause of Action, Vitter thanked Moore and several other staffers for their help putting together the 92-page document.

Moore — EPW’s senior counsel for oversight and investigations — went to law school at George Mason University School of Law, graduating in 2007. David and Charles Koch both serve as major donors to George Mason University and also endow George Mason’s Mercatus Center, where Charles sits on the Board of Directors.

While attending law school, Moore concurrently worked as chief of staff for formerU.S. Rep. Tom Davis (R-Va.), according to financial disclosure documents obtained by DeSmogBlog.

As a Davis staffer, Kristina Moore (then Kristina Husar), attended two Mercatus Center-sponsored retreats in 2006 and 2007, held in Richmond, Va. and Willamsburg, Va., respectively.

Husar served as the first Mercatus Fellow for Regulatory Studies. In February 2006, she wrote an article in the Small Business Advocate about attending the Mercatus retreat.

Originating as the Austrian Economics Program in the late-1970s and then hubbed at Rutgers University, Mercatus — latin for “markets” — has held annual congressional staff retreats from its inception, according to SourceWatch. The Center for Public Integrity pointed to the retreats as example of potentially illegal unregistered lobbying in a 2006 investigative piece.

The retreats fit under the broader umbrella of Mercatus’ “Capitol Hill Campus” program, which it devoted over $1.6 million to both in 2006 and 2007, according to Internal Revenue Service (IRS) 990 forms reviewed by DeSmogBlog.

Beyond Moore, a close look into the origins of and people behind the Vitter green billionaire’s club report show Koch brothers ties through and through.

Mercatus-Taught Oversight Techniques

Prior to working for Vitter’s EPW Committee, Moore worked for U.S. Rep. Darrell Issa (R-Ca.), serving as senior counsel for the minority staff of the House Oversight and Government Reform Committee, headed by Issa.

The Watchdog Institute revealed in a February 2011 investigation that many of the so-called “oversight” investigations conducted by the Committee benefited corporate campaign contributors.

And many of Issa’s Oversight Committee staffers, including Moore, attended Mercatus Center staff retreats. Mercatus schooled them in oversight tactics and techniques.

“In February 2009…Issa…approved a trip to a Mercatus-funded retreat for his committee staff director, Larry Brady,” wrote The Watchdog Institute. “On his disclosure form, Brady, who did not respond to an interview request, cited the purpose of the trip: ‘Provide in-depth briefings on issues of relevance to oversight investigations.’”

Daniel Epstein’s Koch Connection

Daniel Z. Epstein, executive director of Cause of Action — which did the presser premiering the Vitter green billionaire’s club report to the U.S. public — formerly served as counsel for Issa’s Oversight Committee before launching Cause of Action.

Epstein, who worked alongside Moore for the Oversight Committee’s investigations team, introduced Vitter at the event.

On the day of the release and the day after the release of the report, Cause of Action published four different items on its website promoting it, including issuing a public statement.

According to a 2009 article appearing in The Hill, Epstein served as “an associate in legal reform at the Koch Foundation, working together with Koch Industries Inc.’s assistant general counsel.”

“The job was an interesting mixture of corporate culture with an emphasis on social change — I miss that synergy,” he told The Hill at the time.

On his personal website, Epstein lists that 2008-2009 gig as “Counsel, Legal Reform at CGKF.” CGKF is shorthand for the Charles G. Koch Foundation and an in the Marin Independent Journal confirms Epstein worked there from June 2008 through January 2009.

Beyond Koch ties, Epstein also has personal financial ties that may make him averse to environmental regulations.

financial disclosure form submitted by Epstein when he worked for Issa’s Oversight Committee shows that he had (or still has) personal investments in both Dominion Resources and Duke Energy.

Both of those companies stand to lose from President Barack Obama’s U.S.Environmental Protection Agency (EPA) coal-fired power plant regulations, as both Dominion and Duke own coal-fired power plant assets.

“God bless the Koch brothers”

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Corporate Interests Influencing State Legislators via National Conference of State Legislatures

11:35 am in Uncategorized by Steve Horn

Fracking sign

Cross-Posted from Checks and Balances Project

The National Conference of State Legislatures (NCSL) describes itself as “a bipartisan organization that serves the legislators and staffs of the nation’s 50 states, its commonwealths and territories.  NCSL provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues.”

Affiliated with NCSL, is the NCSL Foundation which was created by NCSL as a  “nonprofit tax-exempt 501(c)(3) corporation that offers opportunities for businesses, national associations, nonprofit organizations and unions seeking to improve the state legislative process and enhance NCSL’s services to all legislatures.”

While the descriptions sound benign, the access to legislators NCSL and the NCSL Foundation provide to fossil fuel interests and other corporate “sponsors” sounds a lot like lobbying. Sourcewatch defines lobbyists as those who do “work on the behalf of their clients or the groups they’re representing to convince the government or others involved in public policy development to make a decision that is beneficial to them.”

Nowhere in the descriptions of NCSL or the NCSL Foundation is the unique access to state legislators granted to corporate funders characterized as lobbying.

In fact, William Pound, NCSL’s Executive Director, said in an interview with Checks & Balances Project at NCSL’s 2012 Fall Forum in Washington, D.C., that legislators are being educated, not lobbied.

However, this access has been called “stealth lobbying” by Steve Horn and Sarah Blaskey in a recent Truthout piece.

According to the NCSL Foundation website, there are many ways for fossil fuel interests to “educate” state legislators. They include:

  • Opportunity to participate in the annual standing committee new officer orientation session
  • Regular forums with NCSL officers and NCSL standing committee officers
  • Opportunity to suggest topics to standing committee officers
  • Opportunity to attend NCSL Executive Committee subcommittee meetings
  • Invitations to attend receptions and dinners with legislative leaders at yearly NCSL leadership meetings

In addition, with legislators from 40 out of the 50 states earning an average of $35,326 for their work and an average staff of 3.1 per member (or 1.2 staff in some states),[1] it raises questions of how much time and resources they have to research issues versus relying on positions posted by corporate sponsors or NCSL papers which corporate sponsors have had input on, according to Pound.

Given the role of Michael Behm as the Vice President of the NCSL Foundation and a Senior Vice President for Stateside Associates, a lobbying firm focused on lobbying state-centric groups like NCSL and the Council of State Governments (CSG), the partnerships being enabled by NCSL between legislators and fossil fuel interests should not be surprising.[2] This is especially true, given that many of Stateside Associates’ clients are also NCSL Foundations sponsors.

According to the current list of sponsors on the NCSL Foundation website (dated 1/31/12), fossil fuel interests such as ExxonMobil and America’s Natural Gas Alliance contributed $142,500, an increase from FY 2011 (July 2010-June 2011) when fossil fuel companies donated $100,000[3].

Perhaps the increase in contributions from fossil fuel interests, coupled with their ability to  “review” NCSL policy papers, explains the change in positions on hydraulic fracturing (or fracking) between 2010 and 2012. A 2010 policy paper provided a relatively balanced look at the costs, financial and environmental, associated with fracking. However, a June 2012 paper raises and dismisses the potentially devastating costs that fracking poses to states and the environment.

NCSL’s activities sound suspiciously like those of the American Legislative Exchange Council (ALEC), which is now facing a lawsuit under the Tax Whistleblower Act with the Internal Revenue Service. Common Cause filed the lawsuitafter accusing ALEC, legally a 501(c)(3) nonprofit organization, of “massive[ly] underreporting” the amount of lobbying it was undertaking.

While 501(c)(3)’s can engage in some lobbying, it cannot be the majority of its activity. According to Mother Jones, “The suit alleges that ALEC exists primarily to give corporate members the ability to ‘lobby state legislators and to deduct the costs of such efforts as charitable contributions.’ “

Checks and Balances will continue monitoring NCSL and other like-minded organizations that interact with legislators for purported “educational” purposes that could possibly be masking stealth lobbying activities.


[2] Horn and Blaskey write in their Truthout piece about how Behm and his other Stateside Associates colleagues take over organizations such as NCSL to influence state legislators on behalf of corporate interests.

[3] No figures were listed in the FY 2011 annual report. Therefore current sponsorship level amounts were applied to derive the $117,500 number.

Image by Bosc D’Anjou under Creative Commons License.