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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Cross-Posted from DeSmogBlog

Fracktivists stand firm while Cuomo waffles.

New York Democratic Gov. Andrew Cuomo’s administration – led by a potential 2016 Democratic Party nominee for president - has announced it won’t achieve the late-Feb. deadline it set on whether or not it would green light shale gas drilling, known by most as “fracking” (hydraulic fracturing).

This announcement fell a day after DeSmogBlog released what “fracktivists” have now dubbed the “New York Fracking Scandal” documents, also housed on NYFrackingScandal.com.

These documents reveal that Cuomo’s chief-of-staff, Larry Schwartz, has thousands of dollars in stock portfolio investments in oil and gas corporations with a financial stake in fracking proceeding in New York, a possible violation of the state’s conflict-of-interest law and potentially a form of insider trading. The documents also detailed that lobbyists from these very same corporations have also had VIP meetings with Cuomo’s top-level aides in the past several months, granted prime access to the Administration to influence-peddle in the run-up to the looming fracking decision.

Yesterday, citing the necessity to “let the science determine the outcome,” NY Department of Health Commisioner (DOH) Nirav Shah wrote that the DOH ”will require additional time to complete based on the complexity of the issues” in a letter to NY Department of Environmental Conservation (DEC) Commissioner, Joe Martens.

Shah closed his letter by stating, “Whatever the ultimate decision on [fracking] going ahead, New Yorkers can be assured that it will be pursuant to a rigorous review that takes the time to examine the relevant health issues.”

Martens offered a brief response, concurring with Shah and writing that ”the science, not emotion, will determine the outcome.”

Front-line fracktivists see the Administration’s reprieve as a positive development – at least for now.

“Commissioner Shah is correct that the state needs to take the time to do a comprehensive study of the health effects of fracking to protect the public health,” said Sandra Steingraber, previously interviewed on DeSmogBlog in late-2011 about her latest book, “Raising Elijah.”

“As he notes, no comprehensive studies have been done to date and New York must do so before making a decision about fracking. We are confident that such a review will show that the costs of fracking in terms of public health are unacceptable.”

A recent webinar hosted by one of the outside peer reviewers of the delayed DOH study, though, reveals that the water here is a bit muddier than it appears on the surface.

Concerned Health Professionals of NY: DOH Review Fatally Flawed

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Cross-Posted from DeSmogBlog

Lawrence Schwartz, Secretary to Gov. Andrew M. Cuomo

New York could soon become the newest state in the union to allow hydraulic fracturing (fracking), the controversial technique used to enable shale oil and gas extraction. The green light from New York Governor Andrew Cuomo could transpire in as little as “a couple of weeks,” according to journalist and author Tom Wilber.  

That timeline, of course, assumes things don’t take any crazy twists or turns.

Enter a press conference today in Albany, where seven groups, including Public Citizen, Food and Water Watch, Frack Action, United for Action, Catskill Citizens for Safe Energy, and Capital District Against Fracking, called for an Albany County District Attorney General investigation of the Cuomo Administration.

They are asking “whether Lawrence Schwartz, Secretary to Gov. Andrew M. Cuomo, has a conflict of interest between his stock investments and his involvement in the state’s decision on whether to allow high-volume hydraulic fracturing for shale gas.”

Schwartz – dubbed “the ringleader” of Governor Cuomo’s administration – potentially has what these groups describe as a legal conflict-of-interest. A months-long DeSmogBlog investigation reveals that Cuomo’s chief-of-staff actually has a direct financial interest in fracking going forward in New York state, potentially falling under the sphere of insider trading.  

Above and beyond Schwartz’s annual oil and gas industry stock holdings in corporations ranging from Occidental Petroleum, Williams Companies, ExxonMobil/XTO, and General Electric (GE) for the past decade, the Cuomo Administration has also held numerous meetings with lobbyists representing some of these same corporations dating back to when Cuomo assumed office in Jan. 2011, records obtained under New York’s Freedom of Information Law (FOIL) by DeSmogBlog reveal.

Dirty Details: Oil/Gas Industry Stock Holdings, Meetings with Lobbyists from Same Corporations

The details are dirty, both figuratively and literally.

A September 2012 investigation by the Environmental Working Group (EWG) examined Schwartz’s past three financial disclosure forms. That probe revealed that he had stock holdings of $1,000+ each in Occidental, Williams, Exxon/XTO, and GE in both 2010 and 2011, respectively. All four of these corporations possess a financial stake in Cuomo approving fracking in New York.

2009 saw much of the same, a year in which Schwartz had $1,000+ in his stock portfolio invested in GE, Williams, and Burlington Resources (purchasd as a subsidiary by ConocoPhillips in 2005).

DeSmogBlog followed in the footsteps of the EWG investigation by filing both an Executive Chamber FOIL request, as well a FOIL request to Schwartz’s former employer, the Westchester County Executive Office, asking for his financial disclosure forms dating back to 2002.

That latter request revealed that Schwartz has had stock holdings in the oil and gas industry dating back to 2002. At that time he was working as chief-of-staff to then-Westchester County Executive, Andrew J. Spano.

In 2002 and 2003, Schwartz had over $1,000 in stock holdings in Chevron and GE. Until 2001, Texaco – purchased in 2000 as a subsidiary by Chevron – was headquarted in Westchester. The Westchester County Executive Chamber did not possess Schwartz’s forms for 2004 or 2005.

His 2006 filings reveal $1,000 or more in his stock portfolio invested in Burlington Resources, GE, and Williams Companies.

Records obtained from Cuomo’s Executive Chamber also revealed that lobbyists from the very corporations Schwartz has thousands of dollars of stock holdings in have earned the ear of Cuomo in the form of exclusive meetings with his high-level aides.  

One case in point: Both in April 2012 and in Sept. 2012, Williams Companies lobbyists had meetings with Cuomo aides on the status of its proposed Constitution Pipeline, a joint venture between Cabot Oil and Gas, Piedmont Natural Gas and Williams Companies. That 120-mile long, 30-inch prospective pipeline, if approved, will carry gas produced in NY’s section of the Marcellus Shale to markets throughout the northeastern U.S.

The latter meeting was held between two Williams’ lobbyists – Tonio Burgos and John Charlson – and upper level Cuomo aides.

Read the rest of this entry →

Ed Rendell

A breaking investigation by EnergyWire appears to connect the dots between shadowy lobbying efforts by shale gas fracking company Range Resources, and the Obama EPA’s decision to shut down its high-profile lawsuit against Range for allegedly contaminating groundwater in Weatherford, TX.

At the center of the scandal sits former Pennsylvania Gov. Ed Rendell, the former Chairman of the Democratic National Committee and the National Governors’ Association.

Just weeks ago, the Associated Press (AP) broke news that the U.S. Environmental Protection Agency (EPA) shut down the high-profile Texas lawsuit and buried an accompanying scientific report obtained during the lawsuit’s discovery phase in March 2012.

That confidential report, contracted out to hydrogeologist Geoffrey Thyne by the Obama EPA, concluded that methane found in the drinking water of a nearby resident could have originated from Range Resources’ nearby shale gas fracking operation.

Range Resources – which admitted at an industry conference that it utilizes psychological warfare (PSYOPs) tacticson U.S. citizens – launched an aggressive defense against the EPA’s allegations that the company might be responsible for contaminating resident Steve Lipsky’s groundwater.

AP explained in its investigation that resident Steve Lipsky, who has a wife and three young children, had “reported his family’s drinking water had begun ‘bubbling’ like champagne” and that his “well…contains so much methane that the…water [is] pouring out of a garden hose [that] can be ignited.”

In response, the Obama EPA ordered Range to halt fracking. Range was non-cooperative every step of the way, refusing to comply with the legal dictates of the discovery phase and not complying with the censored water sample study implicating the company with groundwater contamination.

The new twist exposed by EnergyWire‘s Mike Soraghan is that Ed Rendell, acting “as a spokesman for Range” Resources, “proposed certain terms” to EPA Administrator Lisa Jackson. Exactly what was said remains unclear, but the EPA ultimately dropped its case against Range.

Over a thousand pages of emails obtained by EnergyWire “offer behind-the-scenes insights in a case that has come to be seen as a major retreat by the agency amid aggressive industry push-back and support for natural gas drilling by President Obama.”

Rendell: Range’s Chosen One or Rogue Lobbyist?

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Cross-Posted from DeSmogBlog

South Texas Oil Refinery

On Jan. 25, 110 members of the U.S. House of Representatives – 94 Republicans and 16 Democrats - signed a letter urging Energy Secretary Steven Chu to approve expanded exports of liquified natural gas (LNG).

It was an overt sign of solidarity with the Obama Administration Department of Energy’s (DOE) LNG exports study, produced by a corporate consulting firm with long ties to Big Tobacco named NERA Economic Consulting (NERA is short for National Economic Research Associates), co-founded in 1961 by the “Father of Deregulation,” Alfred E. Kahn. That study concluded exporting gas obtained from the controversial hydraulic fracturing (“fracking”) process - sent via pipelines to coastal LNG terminals and then onto tankers – is in the best economic interests of the United States.

A DeSmogBlog investigation shows that these 110 signatories accepted $11.5 million in campaign contributions from Big Oil and electric utilities in the run-up to the November 2012 election, according to Center for Responsive Politics data.

Big Oil pumped $7.9 million into the signatories’ coffers, while the remaining $3.6 million came from the electric utilities industry, two industries whose pocketbooks would widen with the mass exportation of the U.S. shale gas bounty. Further, 108 of the 110 signers represent states in which fracking is occurring.

Exhibit A: Human Geography of Campaign Finance Post-Citizens United

Energy issues are almost always questions of infrastructure, geography, and geopolitics. So too is the case of LNG exports, with this letter serving as Exhibit A of the new human geography of campaign finance in the post-Citizens United world.

Texas

The expression always seems to ring true: everything is bigger in Texas.

This letter is no different, as 19 of the 110 signatories represent congressional districts in The Lone Star State, 12 Republicans and seven Democrats. Texas is home to both the Eagle Ford Shale basin and the Barnett Shale basin, as well as prospective LNG export terminals in Sabine Pass (co-owned by ExxonMobil, ConocoPhillips and Qatar Petroleum), Freeport (partially owned by ConocoPhillips) and Corpus Christi (owned by LNG export giant, Cheniere).

The “Texas 19″ alone raked in $2.5 million from Big Oil and electric utilities. 

Rep. Kevin Brady (R-TX8), a recipient of $166,000 from Big Oil and another $23,000 from the electric utilities industry, oversees a congressional district in part based in Houston, the corporate epicenter for the oil and gas industry and home to the innovative leader in the sphere of LNG exports, Cheniere Energy. ExxonMobil and Chesapeake Energy, the number one and two producers of unconventional gas in the U.S., each gave Brady $10,000 before his 2012 electoral victory. Anadarko, Marathon and Valero also followed suit with $10,000 contributions and ConocoPhillips chipped in an extra $7,500.

Brady’s Texas colleague Joe Barton (R-TX6), whose congressional district in large part overlaps the Barnett Shale basin, took $162,150 from Big Oil and another $124,950 from the electric utilities industry. He received $13,000 from utilities giant Exelon Corporation, $12,500 from ExxonMobil, $10,000 from Koch Industries, $7,000 from Chevron and $5,000 from Chesapeake Energy. Koch Industries’ Koch Pipeline runs from the Eagle Ford Shale basin to Corpus Christi.

The Dirty, Dirty South

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Cross-Posted from DeSmogBlog

At first, it was kept secret for months, cryptically referred to only as an “unidentified third-party contractor.”

Finally, in November 2012, Reuters revealed the name of the corporate consulting firm the U.S. Department of Energy (DOE) hired to produce a study on the prospective economic impacts of liquefied natural gas (LNG) exports.

LNG is the super-chilled final product of gas obtained – predominatly in today’s context – via the controversial hydraulic fracturing (“fracking”) process taking place within shale deposits located throughout the U.S. This “prize” is shipped from the multitude of domestic shale basins in pipelines to various coastal LNG terminals, and then sent on LNG tankers to the global market.

The firm: National Economic Research Associates (NERA) Economic Consulting, has a long history of pushing for deregulation. Its claim to fame: the deregulation “studies” it publishes on behalf of the nuclear, coal, and oil/gas industry – and as it turns out, Big Tobacco, too.

Alfred E. Kahn, the late “Father of Deregulation,” founded NERA in 1961 along with Irwin Stelzer, now a senior fellow and director of the right-wing Hudson Institute’s Center for Economic Policy. 

The NERA/Obama DOE LNG export economic impact study, released in early-December 2012, concluded that exporting the U.S. shale gas bounty is in the best economic interest of the country. 

This conclusion drew metaphorical hisses from many analysts, including prominent shale gas market economist and former Wall Street investor Deborah Rogers, who now maintains the blog Energy Policy Forum. Her critique cut straight to the very foundation of the study itself, stating that “economic model[s] are only as good as their inputs.”

She proceeded to explain,

In fact, it is neither difficult nor unusual for models to be designed to favor one outcome over another. In other words, models can be essentially reverse engineered. This is especially true when the models have been commissioned by industries that stand to gain significantly in monetary terms. Or government agencies which are perhaps pushing a political agenda.

Beyond its history working as a hired gun for the fossil fuel industry, NERA also has deeper historical roots producing “smoke and mirrors” studies on behalf of the tobacco industry. The long view of the firm’s past is something NERA would likely rather see “go up in smoke,” forever buried in the historical annals. But that would be a disservice to U.S. taxpayers since NERA continues to receive government contracts to produce tobacco-era disinformation to this day. 

NERA and the “Tobacco Playbook”

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The battle continues over the future of TransCanada’s Keystone XL tar sands pipeline, with the Tar Sands Blockade continuing and a large forthcoming President’s Day anti-Keystone XL rally set to take place in Washington, DC.

In a nutshell: Keystone XL, if approved by the U.S. State Department, will carry viscous and dirty tar sands crude – also known as diluted bitumen or “dilbit” – from Alberta, Canada down to Port Arthur, TX. From Port Arthur, the tar sands crude will be exported to the global market.

Muddying the waters on the decision is the fact that The Calgary Herald recently revealed that prospective Secretary of State, John Kerry, has financial investments in two tar sands corporations: Suncor and Cenovus. Kerry has $750,000 invested in Suncor and another $31,000 invested in Cenovus.

Which of course all begs the question: Is this another episode of State Department Oil Services all over again?

North America’s Shale Gas Industry’s Keystone XL

North of the border, TransCanada is proposing another export pipeline for the shale gas industry.

Dubbed the Prince Rupert Gas Transmission project, the $5.1 billion project will carry gas obtained via the controversial fracking process from the Montney Shale basin westward to the coast of British Columbia. From there, the gas will be exported in the form of liquefied natural gas (LNG) to Asia starting in 2018.

“Gas producers in British Columbia’s Montney Shale, far from North American population centers, are seeking Asian markets for the heating and power-plant fuel,” the Houston Chronicle‘s “Fuel Flex” explained.

US Debate Over Shale Gas Exports Also Continues

Meanwhile, south of the border, debate continues over the future of U.S. gas markets.

On Jan. 24, the comment period closes for the U.S. Department of Energy’s (DOE) study on LNG exports.

That study, contracted out to the oil, gas and coal industry-friendly NERA Economic Consulting concluded that exports are a net benefit for the U.S. economically. The Sierra Club has filed a Freedom of Information Act to discern how the Obama DOE went about choosing NERA as the contractor.

“Deciding to export the U.S. gas supply is a major public decision,” Deb Nardone, director of the Sierra Club’s Beyond Natural Gas Campaign said in a press release. “We deserve a full and fair conversation about it. That’s why we deserve to know how and why DOE picked this anti-environmental, pro-corporate consultant for this crucial report.”

On top of its looming decision on the Keystone XL, it’s likely that the Obama Administration will make a final decision on whether or not to greenlight shale gas exports sometime in 2013.

Though it’s still the dead of winter, the policy agenda is about to heat up in the energy and environment policy arenas inside the Beltway in the coming weeks.

Cross-Posted from DeSmogBlog
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The Associated Press has a breaking investigative story out today revealing that the Obama Administration’s Environmental Protection Agency (EPA) censored a smoking gun scientific report in March 2012 that it had contracted out to a scientist who conducted field data on 32 water samples in Weatherford, TX.

That report, according to the AP, would have explicitly linked methane migration to hydraulic fracturing (“fracking”) in Weatherford, a city with 25,000+ citizens located in the heart of the Barnett Shale geologic formation 30 minutes from Dallas.

It was authored by Geoffrey Thyne, a geologist formerly on the faculty of the Colorado School of Mines and University of Wyoming before departing from the latter for a job in the private sector working for Interralogic Inc. in Ft Collins, CO.

This isn’t the first time Thyne’s scientific research has been shoved aside, either. Thyne wrote two landmark studies on groundwater contamination in Garfield County, CO, the first showing that it existed, the second confirming that the contamination was directly linked to fracking in the area.

It’s the second study that got him in trouble.

“Thyne says he was told to cease his research by higher-ups. He didn’t,” The Checks and Balances Project explained. ”And when it came to renew his contract, Thyne was cut loose.”

From Smoking Gun to Censorship: Range Resources Link

The Obama EPA’s Weatherford, TX study was long-in-the-making, with its orgins actually dating back to a case of water contamination in 2010. The victim: Steve Lipsky.

“At first, the Environmental Protection Agency believed the situation was so serious that it issued a rare emergency order in late 2010 that said at least two homeowners were in immediate danger from a well saturated with flammable methane,” the AP wrote.

AP proceeded to explain that Lipsky had “reported his family’s drinking water had begun ‘bubbling’ like champagne” and that his “well…contains so much methane that the…water [is] pouring out of a garden hose [that] can be ignited.”

The driller in this case was a corporation notorious for intimidating local communities and governmental officials at all levels of governance: Range Resources. Range, in this case, set up shop for shale gas production in a “wooded area about a mile from Lipsky’s home,” according to the AP.

As DeSmogBlog revealed in November 2011, Range Resources utilizes psychological warfare techniques as part of its overarching public relations strategy.

Due to the grave health concerns associated with the presence of methane and benzene in drinking water, the Obama EPA “ordered Range…to take steps to clean their water wells and provide affected homeowners with safe water,” wrote the AP.

Range’s response? It “threatened not to cooperate” with the Obama EPA’s study on fracking’s link to water contamination. The non-cooperation lead to the Obama EPA suing Range Resources.

It was during this phase of the struggle where things got interesting. As the AP explained,

Believing the case was headed for a lengthy legal battle, the Obama EPA asked an independent scientist named Geoffrey Thyne to analyze water samples taken from 32 water wells. In the report obtained by the AP, Thyne concluded from chemical testing that the gas in the drinking water could have originated from Range Resources’ nearby drilling operation.

Despite this smoking gun, everything was soon shut down, with the Obama EPA reversing its emergency order, terminating the court battle and censoring Thyne’s report. The AP explained that the Obama EPA has “refused to answer questions about the decision.”

“I just can’t believe that an agency that knows the truth about something like that, or has evidence like this, wouldn’t use it,” Lipsky, who now pays $1,000 a month to have water hauled to his family’s house, told the AP.

“Duke Study” Co-Author Confirms Veracity of Thyne’s Study 

Robert Jackson, a Professor of Global Environmental Change at Duke University and co-author of the “Duke Study” linking fracking to groundwater contamination did an independent peer review of Thyne’s censored findings. He found that it is probable that the methane in Lipsky’s well water likely ended up there thanks to the fracking process.

Range predictably dismissed Thyne and Jackson as “anti-industry.”

Americans Against Fracking: An “Unconscionable” Decision

Americans Against Fracking summed up the situation best in a scathing press release:

It is unconscionable that the Environmental Protection Agency (EPA), which is tasked with safeguarding our nation’s vital natural resources, would fold under pressure to the oil and gas industry…It is again abundantly clear that the deep pocketed oil and gas industry will stop at nothing to protect its own interests, even when mounting scientific evidence shows that drilling and fracking pose a direct threat to vital drinking water supplies.

There’s also a tragic human side to this tale.

“This has been total hell,” Lipsky told the AP. “It’s been taking a huge toll on my family and on our life.”

Read the rest of this entry →

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 Foundation’s 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.

Image by Bosc D’Anjou under Creative Commons License.

Cross-Posted from DeSmogBlog

Part of the UT Austin campus. The university is backing away from the 'frackademia' study it published.

Weeks after SUNY Buffalo’s upper-level administration gave the Shale Resources and Society Institute (SRSI) the boot due to its gas industry public relations effort masked as a “study,” University of Texas-Austin’s (UT-Austin) administration has somewhat followed suit for its own “frackademia” study.

The decision comes in the aftermath of an independent review of a controversial study completed under UT-Austin’s auspices.

Like SRSI’s “shill gas study,” UT-Austin brought itself attention when it published a “study” in February 2012 titled, “Separating Fact From Fiction in Shale Gas Development.” UT-Austin’s study – conducted under the wings of its Energy Institute - claimed that there’s “no scientific proof” that unconventional oil and gas development can be linked to groundwater contamination.

As it turns out, the author’s lead investigator, Charles “Chip” Groat is on the payroll of the oil and gas industry via Plains Exploration & Production, a direct conflict-of-interest under the standards of academia (not to be confused with those of “frackademia”). “Groat earned more than double his University of Texas salary as a PXP board member in 2011 – $413,900 as opposed to $173,273 – and he has amassed over $1.6 million in stock during his tenure there,” Public Accountability Initiative (PAI) explained in a report.

The embarrassment created by these revelations moved Groat to retire after the spring semester, while the head of the Energy Institute, Raymond Orbach, stepped down today as head of the Institute, though he’ll still remain on the UT-Austin faculty.

UT-Austin’s administration, in effect, has decided to distance itself from the report due to its numerous conflicts-of-interest, though unlike the SRSI, the Energy Institute won’t be ended.

“The school said it will undertake six recommended actions, the most significant being the withdrawal of papers from the Energy Institute’s Web site related to the report until they are submitted for fresh expert review,” explained The New York Times.

Kevin Connor, Director of PAI, issued this statement in response to UT-Austin’s decision:

The University of Texas has now joined the University at Buffalo in sending a strong message to the oil and gas industry: our universities are not for sale. This is another major blow to gas industry pseudoscience and a victory for academic integrity in the debate around fracking.

The University of Texas deserves credit for taking a difficult but important stand for transparency and integrity by releasing this review and pursuing these recommendations.

U of Michigan: The Next Frontier for “Frackademia”?

This announcement comes soon after University of Michigan-Ann Arbor stated it would be conducting its own forthcoming two-year studyon the ecological impacts of fracking in Michigan.

“Industry representatives, nongovernmental organizations, state government officials, academic experts and other stakeholders are providing input,” explained University of Michigan in a press release.

Members of the study’s Steering Committee include two representatives of the Michigan Oil and Gas Association and members of Republican Gov. Rick Snyder’s cabinet, along with several university-affiliated faculty members.

A Dec. 3 story by Energy and Environment News explained that Energy in Depth, the shale gas industry front group, will also be deeply involved with the study.

“Some of those stakeholders are being pulled in as resources for the UM study, said Energy in Depth Field Director Erik Bauss, whom UM researchers have already called on to help facilitate a visit to a Michigan frack site,” wrote E and E.

Given the recent state of play for “frackademics,” DeSmog will be keeping a close eye on the Michigan study in the weeks and months ahead. Stay tuned. Read the rest of this entry →