American Electric Power

Scott Pruitt Emails: Oil Lobbyists Drafted His Letters as Oklahoma's AG

  • Posted on: 23 February 2017
  • By: Connor Gibson

Scott Pruitt had a bad habit as Oklahoma's attorney general: he liked to have oil lobbyists ghostwrite his official government letters calling for limits to enforcing federal pollution laws.

A lawsuit initiated by the Center for Media and Democracy (CMD) and the American Civil Liberties Union (ACLU) has forced thousands of Scott Pruitt's emails into the daylight, after Pruitt's office delayed CMD's records requests for two years. CMD says it anticipates more documents in the coming weeks, so we're in the middle of an unfolding saga. You may recall this 2014 New York Times article by Eric Lipton, which opened with this juicy hook:

The letter to the Environmental Protection Agency from Attorney General Scott Pruitt of Oklahoma carried a blunt accusation: Federal regulators were grossly overestimating the amount of air pollution caused by energy companies drilling new natural gas wells in his state.

But Mr. Pruitt left out one critical point. The three-page letter was written by lawyers for Devon Energy, one of Oklahoma’s biggest oil and gas companies, and was delivered to him by Devon’s chief of lobbying.

“Outstanding!” William F. Whitsitt, who at the time directed government relations at the company, said in a note to Mr. Pruitt’s office. The attorney general’s staff had taken Devon’s draft, copied it onto state government stationery with only a few word changes, and sent it to Washington with the attorney general’s signature. “The timing of the letter is great, given our meeting this Friday with both E.P.A. and the White House.”

Mr. Whitsitt then added, “Please pass along Devon’s thanks to Attorney General Pruitt.”

Now we know this was not an isolated incident. A new article in today's New York Times notes a similar favor Pruitt conducted at the request of Devon Energy lobbyists who were concerned about U.S. Bureau of Land Management rules that could restrict oil and gas extraction on public lands:

In a March 2013 letter to Mr. Pruitt’s office, William Whitsitt, then an executive vice president of Devon, referred to a letter his company had drafted for Mr. Pruitt to deliver, on Oklahoma state stationery, to Obama administration officials. Mr. Pruitt, meeting with White House officials, made the case that the rule, which would rein in planet-warming methane emissions, would be harmful to his state’s economy. His argument was taken directly from Mr. Whitsitt’s draft language.

“To follow up on my conversations with Attorney General Pruitt and you, I believe that a meeting — or perhaps more efficient, a conference call — with OIRA (the OMB Office of Information and Regulatory Analysis) on the BLM rule should be requested right away,” Mr. Whitsitt wrote. “The attached draft letter (or something like it that Scott is comfortable talking from and sending to the acting director to whom the letter is addressed) could be the basis for the meeting or call.”

The letter referred to the section of the White House Office of Management and Budget that coordinates regulations throughout the government.

Two weeks later Devon's Bill Whitsitt sent a celebratory email to Pruitt's staff, saying, "I just let General Pruitt know that BLM is going to propose a different version of its federal lands hydraulic fracturing rule thanks to input received – thanks for the help on this!" In the most striking new example, CMD revealed that Scott Pruitt's staff accepted draft letters from oil refinery lobbyists who wanted government help to attack renewable fuels and limits to smog pollution:

The oil and gas lobby group American Fuel & Petrochemical Manufacturers (AFPM) coordinated opposition in 2013 to both the Renewable Fuel Standard Program and ozone limits with Pruitt’s office. While AFPM was making its own case against the RFS with the American Petroleum Institute, it provided Pruitt with a template language for an Oklahoma petition, noting “this argument is more credible coming from a State.” Later that year, Pruitt did file opposition to both the RFS and ozone limits.

I recommend this deep dive by DeSmog Blog if you want more specific examples of oil lobbyists running Pruitt's agenda.

The emails are peppered with examples of Pruitt and his staff coordinating with Koch Industries and its political surrogates, including a conference call with a Koch Industries lobbyist. Pruitt frequently worked with some of the most notable Koch-funded climate denier hubs, including Americans for Prosperity, the Federalist Society, the Competitive Enterprise Institute, and the State Policy Network.

Pruitt was a keynote speaker for another well-known Koch venture in May, 2013, at a reception for the American Legislative Exchange Council (ALEC). ALEC's event was held at the Oklahoma City Petroleum Club, and Pruitt was told it would be sponsored by Koch Industries, Devon Energy, TransCanada, Continental Resources, and Phillips66. ALEC is the dating service for state legislators and corporate lobbyists, where Scott Pruitt has been a celebrity in recent years for leading other state attorneys general into attacks on the EPA.

The appointment to lead the EPA is a reward for Pruitt, who dutifully acted on behalf of fossil fuel companies as Oklahoma attorney general, and a consequence of the Republican administrations close ties to the oil and coal industries.

At Greenpeace, we invite our supporters to join us and resist this administration's handover of federal agencies to the industries who are supposed to be monitored by them. Scientific fact can't be yelled into submission. We'd rather not have the President learn that lesson by failing to protect Americans from the damage done by an unstable climate.

Just as Scott Pruitt's denial of fracking-related Oklahoma earthquakes did nothing to stop a surge in real earthquakes, putting a climate denier in charge of the EPA is not going to undo the global rise in average surface temperatures that lead to intense drought, flooding, storms, and sea level rise.

Industry: 

$830,000 Dirty Dollars Fuel the Ohio Energy Mandates Study Committee

  • Posted on: 22 February 2016
  • By: Connor Gibson

A wolf pack of in-state utilities and out-of-state petrochemical billionaires has attacked Ohio's clean energy law, threatening to kill clean jobs and wreak further damage on the environment.  

This attack is led by Ohio state Senator Bill Seitz (R), who five years earlier voted for the law, but after accepting dirty energy money compared the law to Stalinism.   The latest step to stall and dismantle clean energy incentives is the so-called "Energy Mandates Study Committee," or "EMSC." The EMSC was established after previous failed attempts by Sen. Seitz and other Ohio Senators to repeal or weaken the clean energy law.

The EMSC's recent decision to indefinitely stall laws promoting clean, efficient energy and the jobs they produce, is a power grab by coal utilities paying dropping campaign contributions in exchange to the gutting pollution-free clean energy jobs in Ohio. 

A review of Ohio campaign finance data reveals some of the money behind these politicians' attack on successful clean energy incentives:

Quid Pro Coal: Dirty Energy funding to Ohio politicians on the "Energy Mandates Study Committee"

Data courtesy The National Institute on Money in State Politics - FollowTheMoney.org

Ohio Politician

ALEC?

Utility Industry

Coal Mining

Oil & Gas

TOTAL 

Rep. Ron Anstutz X $83,100 $35,200 $90,686 $208,986
Sen. Bill Seitz X $79,125 $25,350 $20,425 $124,900
Sen. Cliff Hite X $50,085 $2,990 $64,855 $117,950
Rep. Kristina Roegner X $62,950 $2,150 $28,400 $93,500
Sen. Troy Balderson X $43,400 $2,450 $30,200 $76,050
Sen. Bob Peterson   $31,650 $3,600 $14,850 $50,100
Rep. Christina Hagan X $24,280 $2,050 $21,900 $48,230
Rep. Louis W. Blessing, III X $37,578 $1,200 $3,350 $42,128
Rep. Jack Cera   $11,000 $1,350 $9,200 $21,550
Rep. Mike Stinziano   $16,150 $0 $2,700 $18,850
Sen. Sandra Williams   $14,700 $500 $250 $15,450
Sen. Capri Cafaro   $12,200 $1,000 $0 $13,200

GRAND TOTAL

 

$466,218

$77,840

$286,816

$830,874

 

ALEC, Clean Energy, and Rigged Markets

The EMSC is stacked with politicians linked to the American Legislative Exchange Council (ALEC), the corporate bill-mill whose state legislator members help dirty energy lobbyists forge laws rolling back clean energy incentives. Some of ALEC's top "private sector members" include Koch Industries, ExxonMobil, Peabody, and Duke Energy.

At recent ALEC meetings, many of these companies sent their lobbyists to rub elbows with state politicians and create template laws in meetings closed to the public. ALEC facilitated the creation of several model bills intended to trip up the booming clean energy industry.

Legislators violate ALEC's core mission of promoting "free markets," giving their fossil fuel sponsors a pass and attacking incentives for their clean competitors at the expense of human health, clean air, clean water and a stable climate. ALEC's cookie-cutter attacks on clean energy have taken various shapes in Ohio, North Carolina, Kansas and a dozen other states.

Quid Pro Coal - What Lobbying Looks Like

Public emails recently published by Energy & Policy Institute show Sen. Seitz recruited help from utility lobbyists as he crafted SB 58.

The utilities gave the bulk of $466,218 to 12 politicians on Sen. Seitz's committee, documented above. This includes companies directly coordinating with Sen. Seitz, according to his emails.

Ohio utility companies -- FirstEnergy, American Electric Power, Duke Energy, NiSource, AES subsidiary Dayton Power & Light, and the Ohio Rural Electric Cooperatives (OREC) -- were directly solicited for input on Seitz's clean energy freeze bill, SB 58, a placeholder bill that preceded Sen. Seitz's study committee. See this timeline, courtesy of Energy & Policy Institute.

Ohio Rural Electric Cooperatives is part of a massive consortium of smaller-scale electric co-ops called the National Rural Electric Cooperative Association (NRECA). NRECA is the top contribution to national politicians among all dirty energy interests, even outspending Koch Industries PAC. NRECA's Ohio affiliate gave Sen. Seitz $4,250 in 2012. The next year, OREC lobbyists helped write Sen. Seitz's bill, SB 58, telling a Seitz staffer, "As we discussed,nbsp;attached is suggested language for inclusion in SB 58 with slight modifications."

No such opportunities were provided to clean energy advocates in communication with Sen. Seitz, including several small businesses, the Sierra Club and affiliates of unions like the Steelworkers and AFL-CIO. 

Seitz repeatedly dismissed an Ohio State University study, commissioned by Ohio Advanced Energy Economy (OAEE), a group of Ohio businesses advocating for clean energy in Ohio. OAEE President Ted Ford warned Senator Seitz in a letter:

"[W]e can report that the results [of SB 58] are worse for ratepayers than we initially thought. The Ohio State University Study (version 2.0) finds that the bill is a massive giveaway to Ohio utilities, and would cost consumers almost $4 billion between now and 2025. The study also finds the standards have already saved Ohioans 1.4% on their electric bills."

A handwritten note on the letter, apparently written by Senator Seitz, says "more complete fabrications from people with zero credibility." The letter and handwritten commentary were circulated by a Seitz staffer to lobbyists at Duke Energy, American Electric Power, First Energy and others.

Seitz shot back a letter to OAEE and the Ohio Sierra Club, loaded with questions attacking the credibility and relevance of their data, also sourced from the Ohio State University Study. 

It turns out, Sen. Seitz prefers his data from out-of-state universities, financed by none other than Kansas billionaire Charles Koch.

Koch University, Inc. - Utah State University

Ohio's coal-burning utilities aren't the only interests helping Seitz behind the scenes. The ALEC senator's study committee relied on data using dishonest measurements from professors at Utah State University (USU) in a department that has taken over $1.6 million from Charles Koch since 2005. USU is among the Charles Koch Foundation's top-funded universities.

It begs the question: Why would Ohio politicians look to Utah professors, financed by a Kansas billionaire, for the data on Ohio's clean energy and efficiency efforts?

The Koch-funded Institute for Political Economy at USU has produced a series of reports that give politicians the bad data needed to attack clean energy. The Koch professors are USU, like the Suffolk professors before them, appear to be intentionally misleading. Foundations affiliated with Koch Industries have backed these Utah professors in identical attacks on renewable energy standards, in Kansas and North Carolina.

Disproved data aside, USU professor Randy Simmons hid his financial conflicts of interest in a national op-ed for Newsweek. 

These aren't the only Koch-funded professors stepping up to the plate to bat against wind. Before Utah, it was the Koch-funded Beacon Hill Institute at Suffolk University. And recently, Kansas University Professor Art Hall was caught taking payments from Koch to study the Kansas renewable energy standard, not long before he told the Kansas legislature to erode the incentives. Hall's previous job: Koch Industries' chief economist.

Koch Industries' executives are pushing "fake it till you make it" into the unknown.

Why the Freeze Makes Zero Sense

It's not the affiliations that matter so much as the false data and backwards hype involved.

The American Wind Energy Association (AWEA), the U.S. wind energy trade association, has revealed basic flaws in all three of these Koch-funded professors' reports out of Utah State University. AWEA's Michael Goggin:

Instead of only going back to EIA’s 2013 renewable cost estimates like they did in their Kansas report, in their Ohio report they go back to 2008 cost data to develop their estimate of how the cost of wind energy compares against alternatives.

No explanation is provided for why they did not use EIA’s more recent 2015 and 2014 data, which show that wind energy imposes no net cost relative to conventional sources of energy even after removing the impact of federal incentives. Of course, the authors could have also used recent data from real-world market prices and found that wind energy provides significant net benefits for consumers, as we did above. Instead, using obsolete data allows them to miss how the cost of wind energy has fallen by more than half over the last five years, as documented by both government and private investor data.

Jobs, lower energy bills, less wasted energy...frozen by Senator Seitz

Samantha Williams at Natural Resources Defense Council surveys the data that Senator Seitz refuses to accept:

As of 2013, Ohio was home to over 400 advanced energy companies that employed over 25,000 Ohioans and was leading the country in the number of facilities manufacturing components for wind technology and second in the number of solar equipment providers. A report by the Pew Charitable trusts shows Ohio attracted $1.3 billion in private clean energy investment from 2009 to 2013. Similarly, Environmental Entrepreneurs (E2) reported that, just prior to the passage of the SB 310 clean energy freeze, Ohio's clean tech economy had grown to support 89,000 jobs.

Unfortunately, much of that hard-earned momentum was a casualty of the freeze as well as HB 483, which basically tripled setbacks for wind turbines and made future commercial-scale development unviable.The renewable sector is particularly lagging, in the E2 report showing a scant 1.5 percent job growth in Ohio far lower than the national wind and solar rate.

Pancake Politics: They Liked this Law in 2008

Sen. Seitz voted along with a large majority of Ohio lawmakers in 2008 to pass the clean energy law. Five years later, Seitz was comparing the clean energy law to "Joseph Stalin's five-year Plan." 

Ohio is in the midst of a fossil-fueled flip-flop.

Industry: 

NC to Duke Energy: Have You Dumped ALEC Yet?

  • Posted on: 10 December 2013
  • By: Connor Gibson

Amid a dump of leaked American Legislative Exchange Council documents published by The Guardian last week, North Carolina is asking Duke Energy: Have you finally dumped ALEC?

NC WARN and ProgressNC have both raised the question, based on Duke Energy's inclusion in a list of "Lapsed" private sector ALEC members featured in The Guardian and an article in the Raleigh News & Observer.

ALEC's notes for Duke Energy's lapsed membership, as of April 22, 2013, only say "Merged with Progress Energy, new contacts," indicating that Duke's absence was only temporary as new personnel were assigned to participate in ALEC's work. Duke and Progress merged into the largest U.S. utility company last year.

Duke Energy, North Carolina's monopoly utility company, has long been a member of ALEC. Last year, Duke Energy refused to leave ALEC even after being petitioned, emailed and called by over 150,000 people to defect. ALEC's controversial legacy includes blocking climate change policies as part of Big Oil's 1998 master plan, the NRA's Stand Your Ground laws, which increase homicide rates, and "Voter ID" bills that suppress legitimate American voters, especially students, the elderly and people with brown skin.

While Duke Energy has resisted calls to dump ALEC, it has responded to the pressure by distancing itself from several items on ALEC's dirty lobbying laundry list:

  • Duke has repeatedly pushed back on any association with ALEC's Stand Your Ground and voter suppression laws.
  • Duke's call for action to address global warming clash with ALEC's legacy of climate change denial, including new draft policies to interfere with the U.S. Environmental Protection Agency's greenhouse gas rules, and a bill that forces teachers to misrepresent climate change science to their students, now law in at least four states, thanks to state legislators implementing ALEC's model bills.
  • Duke has explicitly denounced ALEC's attacks on state Renewable Portfolio Standards-laws to increase utility electricity generation from cleaner sources. Duke takes credit for helping create North Carolina's RPS.

So why has Duke Energy resisted popular pressure to leave ALEC, including from its own ratepayers? If Duke doesn't like ALEC's history shilling for climate change deniers, nor the National Rifle Association, nor the Republican party's voter disenfranchisement strategies, what is making Duke stay?

ALEC's new attacks on rooftop solar electricity producer are right in line with Duke Energy's attempt to pay back 29% less to homeowners whose solar panels feed extra electricity back into the grid, despite the fact that these homeowners fronted the costs of installing and maintaining solar panels themselves.

Duke is terrified of the prospect of rooftop solar energy, which threatens its century-old monopoly business model. Duke is used to being the dominant company providing power to North Carolina residents, and they can basically charge customers as much as they want. More customers are choosing to install their own solar panels as the technology rapidly becomes cheaper, keeping money in the pockets of ratepayers rather than Duke's executives.

ALEC's Updating Net Metering Policies Resolution, discussed last week at its States and Nation Policy Summit in Washington, DC, would complement dirty utilities like Duke Energy that are working to make it more costly for people to feed their own solar power into the electrical grid. See here for ALEC's new anti-environmental resolutions.

Which Utilities will be Using ALEC's State Lawmakers to Attack Solar Energy?

ALEC's utility member companies The new ALEC resolution was crafted with help from lobbyists at Edison Electric Institute, the primary trade association for Duke and most other large U.S. utility companies.

EEI's roster also includes Arizona Public Service (APS), the utility that tried to force Arizona's residential solar electricity producers to pay $50 per month for feeding unused electricity back into the grid. In the end, the monthly fee was reduced to $5 per month, which still serves as a disincentive for homeowners to install their own solar panels.

As it sought to make net metering more expensive for small-scale solar producers, APS lied to the public, denying its funding of anti-solar TV advertisements run by Koch brothers front groups.

APS recently rejoined ALEC after disassociating for a short year. ALEC's Energy, Environment and Agriculture task force includes APS and presumably Duke Energy, among other dirty energy giants. The EEA task force is governed by American Electric Power's Paul Loeffelman and Wyoming state Representative Thomas Lockhart, friend of the coal industry.

Duke Can Still Do the Right Thing

Duke Energy needs to make its intentions clear.

The company can go with the Koch brothers, ALEC, and companies like APS, and financially punish North Carolinians who choose to produce their own electricity. Or, it can finally dump ALEC, its bad policies and anti-democratic processes and shift to a business model that embraces the power of the sun. It can continue to plan around a cost on carbon emissions and phase out dirty coal that aggravates everything from climate change to water pollution to asthma.

We hope to get the right answer from Duke Energy soon.

Industry: 

Ohio Clean Energy still in Koch & ALEC crosshairs

  • Posted on: 30 October 2013
  • By: Connor Gibson

Crossposted from Greenpeace’s blog: The Witness.

UPDATE: After ALEC legislators failed to freeze or repeal RPS laws in North Carolina, Kansas, and many other states, ALEC legislators in Ohio froze its RPS law, effectively gutting the clean energy and energy efficiency incentives. Ohio state Senator and ALEC member Troy Balderson sponsored SB 310, which passed and was signed by early ALEC alumni Governor John Kasich. Troy Balderson, the third ALEC member senator in Ohio to introduce RPS attack legislation, is listed in ALEC's Energy, Environment and Agriculture task force rosters from 2011 (see ALEC EEA agendas from Cincinnati and New Orleans, from Common Cause's whisteblower complaint to the IRS about ALEC's lobbying activities). Balderson's ALEC affiliation was unfortunately unreported by Ohio press and bloggers. Despite a nationally-coordinated State Policy Network and fossil fuel industry attack on state RPS laws, Ohio is the only state that has allowed ALEC and SPN to undermine its own clean energy incentives, after quietly passing the RPS law with support from ALEC legislators back in 2008.

Ohio is currently fighting this year's final battle in a nationally-coordinated attack on clean energy standard laws, implemented by the American Legislative Exchange Council (ALEC) and other groups belonging to the secretive corporate front group umbrella known as the State Policy Network (SPN).

ALEC and SPN members like the Heartland Institute and Beacon Hill Institute failed in almost all of their coordinated attempts to roll back renewable portfolio standards (RPS) in over a dozen states--laws that require utilities to use more clean energy over time. After high profile battles in North Carolina and Kansas, and more subtle efforts in states like Missouri and Connecticut, Ohio remains the last state in ALEC's sites in 2013.

ALEC Playbook Guides the Attack on Ohio Clean Energy

 After Ohio Senator Kris Jordan's attempt to repeal Ohio's RPS went nowhere, ALEC board member and Ohio State Senator William Seitz is now using ALEC's new anti-RPS bills to lead another attack on the Ohio law--see Union of Concerned Scientists.

ALEC's newly-forged Renewable Energy Credit Act allows for RPS targets to be met through out-of-state renewable energy credits (RECs) rather than developing new clean energy projects within Ohio's borders. RECs have varying definitions of renewable energy depending on the region they originate from, lowering demand for the best, cleanest sources of power and electricity.

Sen. Bill Seitz's SB 58 takes advantages of existing provisions of Ohio's RPS law and tweaks other sections to mirror the key aspects of ALEC's Renewable Energy Credit Act. His RPS sneak-attack is matched by House Bill 302, introduced by ALEC member Rep. Peter Stautberg.

Just five years ago, Senator Seitz voted for Ohio's RPS law. Now, Seitz calls clean energy incentives "Stalinist."

Attacks on Ohio's Clean Energy Economy: Fueled by Dirty Energy Profits

Most of ALEC's money comes from corporations and rich people like the Koch brothers, with a tiny sliver more from its negligible legislator membership dues ($50/year). This includes oil & gas giants like ExxonMobil ($344,000, 2007-2012) and Big Oil's top lobbying group, the American Petroleum Institute ($88,000, 2008-2010). Exxon and API just two of dozens of dirty energy interests paying to be in the room during ALEC's exclusive Energy, Environment and Agriculture task force meetings.

Other polluting companies bankrolling ALEC's environmental rollbacks include Ohio operating utilities like Duke Energy and American Electric Power. AEP currently chairs ALEC's Energy, Environment and Agriculture task force. Some of these companies (like Duke Energy and the American Petroleum Institute) pay into a slush fund run by ALEC that allows Ohio legislators and their families to fly to ALEC events using undisclosed corporate cash (see ALEC in Ohio, p. 6).

Ohio Senator Kris Jordan used corporate money funneled through ALEC to attend ALEC events with his wife (ALEC in Ohio, p. 7). With electric utilities as his top political donors, Sen. Jordan has dutifully introduced ALEC bills to repeal renewable energy incentives (SB 34), along with other ALEC priorities like redirecting public funds for private schools (SB 88, 2011), and blocking Ohio from contracting unionized companies (SB 89, 2011).

Koch-funded Spokes & Junk Data Bolsters the ALEC Attack

The behavior of Senator Bill Seitz indicates he's more beholden to ALEC and the dirty energy utilities dumping tens of thousands of dollars into his election campaigns* than his constituents. There is support from a majority of Ohioans for utilities to obtain at least 20% of their electricity from clean sources. Ohio veterans spoke up for the RPS for increasing the state's energy security and lowing wholesale energy costs.

Rather than listening to these voices from Ohio, Senator Seitz has sided with out-of-state Koch-funded mouthpieces invited to testify against the Ohio RPS. Back in March, Seitz heard anti-RPS testimony from The Heartland Institute's James Taylor, who repeated false claims that the RPS will make electricity unaffordable.

Taylor's assertions mimicked those made in a debunked series of reports written for ALEC's RPS attacks. The Ohio anti-RPS report was co-published by the Koch-funded Beacon Hill Institute and the American Tradition Institute (ATI), sister group to the Koch-funded Competitive Enterprise Institute. ATI, now known as the Energy & Environment Legal Institute, was largely funded by Montana petroleum millionaire Doug Lair.

Senator Seitz also heard testimony from Daniel Simmons of the Institute for Energy Research (IER), who recited long-debunked statistics from the so-called "Spanish study" and "Danish study." Koch-funded groups have used these two papers for years to stifle clean energy growth in the United States. Daniel Simmons previously worked for ALEC and the Mercatus Center, which was founded by the Kochs. Heartland and the Institute for Energy Research have financial or personnel ties to the Kansas billionaire Koch brothers.

RPS and Energy Efficiency Are Helping Build Ohio's Economy

Thanks in part to energy efficiency incentives and the RPS law, Ohio's clean energy economy is expanding rapidly, with 25,000 Ohioans employed by 400 companies in the sector. Wind energy is set to expand rapidly, with the American Wind Energy Association projecting $10 billion in investments over the next decade, thanks to the RPS targeted by ALEC and its dirty companies through loyal politicians like Senator Seitz.

Not content to just weaken incentives for clean energy growth, Bill Seitz's SB 58 would also undermine energy efficiency standards, another item on ALEC's agenda. This despite a projected $2.7 billion in savings for Ohio by 2012, as directed by the efficiency and RPS laws.

No wonder ALEC got dumped by its wind and solar trade members.

----

*Since 2007, Senator Seitz has received $46,450 from coal utilities that are ALEC member companies:

  • $21,500 from American Electric Power (AEP)
  • $15,300 from Duke Energy
    • $4,800 of this bundled from Duke Employees in Ohio, Kentucky and Indiana during the 2008 election cycle
  • $4,000 from NiSource
  • $3,000 from Dominion
  • $2,650 from the Ohio Rural Electric Cooperatives, a member of the nation's top dirty energy lobbying heavyweight, the National Rural Electric Cooperative Association.

If you add contributions from FirstEnergy, AES subsidiary Dayton Power & Light, and the Ohio Coal Association, Sen. Seitz's coal money since 2007 tops $66,000.

ALEC's December, 2012 meeting in Washington, DC was heavily sponsored by coal companies, including AEP, the National Rural Electric Cooperative Association (NRECA), and Edison Electric Institute, the utility trade group whose membership includes Duke Energy, AEP, NiSource, Dominion, AES and FirstEnergy.

Data aggregated by the National Institute for Money in State Politics - FollowTheMoney.org

Industry: 

Exposed: ALEC's new anti-environmental agenda in Chicago this week

  • Posted on: 7 August 2013
  • By: Connor Gibson

New internal documents obtained by the Center for Media and Democracy (CMD) reveal new methods that fossil fuel companies, agrochemical interests and corporate lobbying groups will influence certain state policies in the coming months through the American Legislative Exchange Council, or ALEC.

ALEC's annual meeting is taking place in Chicago this week, just as Common Cause and CMD have filed a complaint to the IRS over ALEC's corporate-funded "Scholarships" for state legislators--ALEC is a tax exempt non-profit despite their mission of facilitating an exchange of company-crafted laws with state legislators in closed-door meetings.

ALEC's Energy, Environment and Agriculture task force is drafting new model bills on behalf of its members like Duke Energy, ExxonMobil, Koch Industries and Peabody. ALEC's anti-environmental agenda in Chicago is available for viewing (see E&E PM and Earthtechling). These are the new model bills ALEC and its energy, chemical and agricultural interests are finalizing this week.

The Market-Power Renewables Act and the Renewable Energy Credit Act: ALEC and other Koch-funded State Policy Network groups like the Heartland Institute haven't had much success with their attempts to repeal state renewable portfolio standard (RPS) laws through the ALEC/Heartland Electricity Freedom Act. The Market-Power Renewables Act and Renewable Energy Credit Act are two newer, more subtle attempt to weaken RPS laws by phasing in a renewable power voluntary program, creating space for existing and out-of-state energy credits to displace new clean energy, and eventually repealing the RPS requirements entirely.

To slow the growth of clean energy competition, ALEC's fossil fuel members wrote these bills to allow increasing portions of a states clean energy generation requirements to be fulfilled by Renewable Energy Credits, or RECs. RECs are allowed to qualify in some states' RPS laws already, often in limited amounts, and they are not created equal. For instance, the benefits of burning gas leaking from landfills--something waste management companies would be selling anyway--are not on par with the societal benefits from building new sources of clean energy and displacing older, dirtier sources. You can see why ALEC member companies like American Electric Power or Duke Energy may take issue with this, given their reliance on coal and gas electricity generation.

Increasing the amount that RECs can qualify for state RPS targets means allowing more out-of-state energy. This could displace in-state jobs and economic benefits from clean energy development. The RECs may also come from sources that aren't defined as "renewable" in some states' RPS laws, or are only allowed in limited amounts, such as hydropower, biomass or biogas, creating a lowest common denominator effect. At the end of any given year, the ALEC bill would allow states to bank any extra energy generated from RECs beyond what the RPS law requires and use them to meet RPS targets for the following year. This could continually delay the growth of new, clean energy.

Resolution in Opposition to a Carbon Tax: Despite support for a carbon tax from ALEC members like ExxonMobil, ALEC is creating a model bill to weigh in on what will become the keystone policy battle for climate change science deniers, a battle that is already creating a rift among conservative groups, like the Koch-funded Heritage Foundation and the Heartland Institute against the R Street Institute. R Street formed when Heartland's Fire, Insurance and Real Estate program split away last year, after Heartland's insurance company funders were uncomfortable with the group comparing those who acknowledge climate change to the Unabomber.

Pre-Emption of Local Agriculture Laws Act: This bill would prevent governments under the state level (cities, towns, counties) from creating new laws or enforcing existing laws that have to do with the regulation of seeds and seed products--ie crops, flowers, and pretty much all food products grown in a state. This would allow companies like Monsanto (indirectly represented in ALEC through its membership in CropLife America, an agrochemical front group and ALEC energy task force member) to bottleneck regulations of their GMO seeds and products at the state government level and stop community resistance to their abusive patent laws and enforcement through lawsuits.

For examples of what ALEC has already been busy with this year, check out PR Watch's roundup of 77 anti-environmental ALEC bills that have popped up in state legislatures in 2013, supporting the Keystone XL tar sands pipeline project, rolling back renewable energy incentives and making it illegal to document animal abuse, among other issues.

More info on ALEC's broader corporate agenda can be found on ALEC Exposed.

Industry: 

Virginia Clean Energy Under Threat from Cuccinelli, Coal Companies, ALEC and Koch Front Groups

  • Posted on: 30 January 2013
  • By: Connor Gibson

Image credit: ReneweBlog

Virginia Attorney General Kenneth Cuccinelli is working with coal companies and State Policy Network groups backed by Koch Industries to rollback VA's voluntary clean energy program.

In states across the country, the American Legislative Exchange Council--or ALEC--and other State Policy Network groups are lining up to roll back clean energy laws, an effort complimented by captured politicians like Mr. Cuccinelli.

Ken Cuccinelli is a former ALEC member, and he's working with ALEC member company Dominion Resources to end Virginia's clean energy program. The same Dominion that just gave him $10,000 for his run for governor, on top of almost $46,000 in previous years for other political positions.

While Virginia's voluntary renewable portfolio standard is far from perfect, it's neither helpful nor inspiring for Mr. Cuccinelli to scrap the program altogether on behalf of a few vested dirty energy interests.

Rather, as Chesapeake Climate Action Network suggests, Virginia's law needs to be strengthened in ways that increase clean energy production and the good jobs that come with it. Both Cuccinelli and CCAN agree the law has flaws and loopholes that don't properly incentivize new clean energy development within the state of Virginia. Some of the law's weaknesses:

  • Dominion Virginia and Appalachian Power have each qualified for ratepayer subsidies without actually building any new clean energy facilities in Virginia.
  • The law's loose definition of "renewable energy" ensures that filthy energy qualifies for government support, including burning gas collected from landfills and producing energy from trash incineration, which is dirtier than burning coal and are usually located in areas with disproportionately high populations of people living in poverty, often people of color.
  • Unambitious targets for the proportion of renewable energy production by 2025.
  • The program is voluntary in the first place.

So far, Mr. Cuccinelli has not seemed to notice legislation alternatives proposed by CCAN that would "tie any RPS bonuses to investment in Virginia-made wind and solar energy. This solution will ensure that Virginians are getting the benefits of a cleaner environment. It also creates a market that fosters growth in the renewable energy sector which will create thousands of jobs within our borders."

Ken Cuccinelli and Climate Science Intimidation:

The point of making clean energy competitive with dirty fossil fuels is to keep our air and water clean and avoid runaway climate change, an issue where Ken Cuccinelli has been aggressively counterproductive.

Mr. Cuccinelli is well known for his harassment of Michael Mann, a climate scientist vilified by industry apologists for creating the "Hockey Stick" graph illustrating the increase of average global temperature measurements over the last millennium.

Mirroring the scientifically unfounded attacks of State Policy Network outfits like the Competitive Enterprise Institute and American Tradition Institute, Cuccinelli was heavily criticized by a Virginia judge for not having an "objective basis" for accusations of fraudulent research at the University of Virginia. Cuccinelli's persecution of science has even put off other climate science deniers, according to a Greenpeace Freedom of Information Act request.

Demonstrating direct cooperation with Koch-funded State Policy Network groups, Ken Cuccinelli will attend an Americans for Prosperity event in Richmond, VA on February 7. Tea Party activists will be bussed in on the dime of Koch and other AFP donors to hear Cuccinelli speak along with David Koch's top PR captain--AFP president Tim Phillips--and other Virginia politicians like Lt. Governor Bill Bolling.

We'll see if the renewable energy rollback is a point of discussion at AFP's event. Americans for Prosperity has promoted a fossil fuel agenda since David Koch helped re-birth AFP from its predecessor, Citizens for a Sound Economy, which was also run by the Kochs and Koch Industries executive Richard Fink.

Ken Cuccinelli's Dirty Money:

Mr. Cuccinelli's financial conflicts of interest have drawn extra attention to this discussion on Virginia's commitment to renewable energy. Huffington Post reported that Intrust Wealth Management, a company whose board of directors has included Charles Koch since 1982, gave Cuccinelli $50,000 for his failed gubernatorial election bid, on top of a previous $10,000 from Koch Industries. Also on the Cuccinelli payroll were coal interests like Dominion Energy, CONSOL Energy and Alpha Natural Resources (which purchased the mountain top removal menace, Massey Energy).

Mr. Cuccinelli is used to being bankrolled by dirty interests. According to the National Institute for Money in State Politics, from 2003-2011 the following interests were top supporters of his VA Senate and Attorney General election campaigns:

  • COAL MINING AND BURNING$161,796
    • $46,500 from Dominion Resources -- ALEC member
    • $42,000 from Alpha Natural Resources
    • $10,000 from Massey Energy -- merged with Alpha after a fatal mining disaster
    • $33,000 from Consol Energy
    • $16,750 American Electric Power -- ALEC member
    • $6,996 from the Virginia Coal Association
    • $6,550 from Norfolk Southern, a railroad company that transports and markets coal
  • TOBACCO INTERESTS$58,000
    • $24,500 from Altria (owns Phillip Morris) -- ALEC member, ALEC Private Enterprise Board member
    • $10,000 from U.S. Smokeless Tobacco (owned by Altria)
    • $12,500 from Bailey's Cigarettes
    • $11,000 from S&M Brands (owned by Bailey's)
  • GUN LOBBY$17,000
    • $17,000 from the National Rifle Association (many of the illegal guns in this country are from Virginia gun shows) -- ALEC member
  • CORPORATE POLLUTER LOBBYING FIRMS: $19,562
    • $11,250 from Hunton & Williams, a corporate lobbying firm that runs the coal front group Utility Air Regulatory Group (UARG) to interfere with EPA pollution controls. Hunton was also caught up in a scandal to monitor and smear political opponents of Bank of America and the U.S. Chamber of Commerce.
    • $8,312 from Troutman Sanders, a corporate lobbying firm that has recently represented coal and tobacco interests like Duke Energy, the National Mining Association, Southern Company, Peabody Energy, and Altria.

Dirty energy interests like Dominion, AEP, Duke Energy, Peabody and others are using their political allies and groups like ALEC alike to attack renewable energy across the board, in coordination with a familiar public relations play that victimizes dirty coal operations and mocks all forms of clean energy.

Coal pollution from companies like these prematurely kill thousands of Americans each year. The Clean Air Task Force notes that government action to reduce coal pollution has a direct effect on reducing these needless deaths. A peer-reviewed report by the late Paul Epstein in the Annals of the New York Academy of Sciences estimated up to $500 billion--half a trillion dollars--in annual costs to society from the life cycle of coal.

Clean energy generation doesn't pose the same terrible threats to our economy, air, water, health, and the global climate that life on this planet is adapted to, but good luck telling that to Ken Cuccinelli, another politician captured by the pollution lobby.

Industry: 

Climate-denying Indiana Regulator helps ALEC Coal Companies Delay EPA Climate Rules

  • Posted on: 13 December 2012
  • By: Connor Gibson

Click here to see the contents of the ACCCE USB drive from ALEC's 2012 States & Nation Policy summit.

You're probably familiar with the old "fox in the hen house" story, but what about when a hen joins the fox den?

This is the case with the recent American Legislative Exchange Council (ALEC) meeting in Washington, DC. Leaked documents obtained by Greenpeace reveal that ALEC's anti-environmental jamboree was inundated with coal money and featured an Indiana regulator advising coal utilities on delaying US Environmental Protection Agency rules to control greenhouse gas emissions and hazardous air pollution.

At ALEC's coal-sponsored meeting, where state legislators and corporate representatives meet to create template state laws ranging from attacks on clean energy to privatization of public schools, Indiana's Commissioner of the Department of Environmental Management Tom Easterly laid out a plan to stall the US EPA global warming action in a power point clearly addressed to coal industry representatives at ALEC's meeting.

In a USB drive branded with the logo of the American Coalition for Clean Coal Electricity (ACCCE), a folder labeled "Easterly" contains a presentation titled "Easterly ALEC presentation 11 28 12" explaining current EPA air pollution rules and how Tom Easterly has worked to obstruct them. The power points is branded with the Indiana Department of Environmental Protection seal. In the latter presentation, Easterly ended his briefing to ALEC's dirty energy members with suggestions for delaying EPA regulation of greenhouse gas emissions at coal plants.

Easterly's presentation, which is posted on his Indiana Dept. of Environmental Mgmt commissioner webpage, even offered a template state resolution that would burden EPA with conducting a number of unnecessary cost benefit analyses (which the federal government has done through the Social Cost of Carbon analysis) in the process of controlling GHG emissions.

 

 

 

The template resolution Easterly presented to ALEC was created by the Environmental Council of States (ECOS), a group of state regulators that create template state resolutions similar to ALEC, often with overlapping agendas that benefit coal companies. ECOS has some questionable template state resolutions for an "Environmental" organization, including a resolution urging EPA not to classify coal ash as "hazardous." Although its less regulated than household trash, coal ash contains neurotoxins, carcinogens and radioactive elements and is stored in dangerous slurry "ponds" that can leak these dangerous toxins into our waterways.

Almost too predictably, ECOS' work is sponsored by the coal fronts like ACCCE and the Edison Electric Institute (EEI), both sponsors of the ALEC meeting where Easterly presented the ECOS model resolution. See clean air watchdog Frank O'Donnell's blog on ECOS for more.

Easterly's work, including his presentation to ALEC, is also promoted by the Midwest Ozone Group, a group whose members include ACCCE, American Electric Power and Duke Energy.

Commissioner Tom Easterly's suggestion of burdening EPA with tasks beyond its responsibility is concerning, as is his ongoing campaign to discredit the science of global warming--something he doesn't have the scientific qualifications to do. To this end, the Indiana regulator fits nicely into the coal industry's long history of denying problems they don't want to be held accountable for and delaying solutions to those problems. The same processes applied to acid rain, a problem the coal industry also denied for years--check out Greenpeace's collection of Coal Ads: Decades of Deception.

Climate Science Denial at Indiana's Department of Environmental Management

Even before Indiana's top enforcer of federal and state environmental regulations was advising coal companies on how to continuing polluting our air and water, it appears that denial of basic climate science is the state's official position on global warming--Indiana's 2011 "State of the Environment" report rehashes tired climate denier arguments such as global temperature records having "no appreciable change since about 1998." (see why this is a lie) and referencing the "medieval warm period" as false proof that current temperature anomalies are normal (they aren't, see Skeptical Science for a proper debunking). Similar arguments have apparently been presented by the Indiana government to ALEC since 2008--the ACCCE USB drive contains another Indiana power point created in 2008 full of junk climate "science." This level of scientific illiteracy is concerning, especially for the regulatory body responsible for overseeing pollution controls for the coal industry.

Remember, this isn't the Heartland Institute. It's the State of Indiana....working with the Heartland Institute, a member of ALEC's anti-environmental task force that has been central in coordinating campaigns to deny global warming. See Commissioner Easterly's full presentation to ALEC on climate "science."

ALEC States & Nation Policy Summit 2012: brought to you by King Coal

ALEC's brochure for last week's meeting shows a disproportionately large presence of coal sponsors. The brochure lists 14 sponsors, five of which are coal interests:

  • American Electric Power (AEP): the second largest coal utility in the U.S. now that Duke Energy and Progress Energy have merged.
    • Political spending since 2007: AEP has spent over $46.2 million on federal lobbying and $3.9 million on federal politicians and political committees.
  • Peabody Energy: the world's largest private-sector coal mining company, known for its legacy of pollution and aggressive finance of climate change denial.
    • Political spending since 2007: Peabody has spent over $37.9 million on federal lobbying and $690,769 on federal politicians and political committees.
  • American Coalition for Clean Coal Electricity (ACCCE): a coal public relations front whose members include AEP, Peabody and other ALEC-member coal interests. ACCCE's new president is Mike Duncan, former Republican National Committee chairman and founding chairman of Karl Rove's American Crossroads. ACCCE spent over $12 million on advertising during the 2012 election to promote the fantasy of "clean coal." ACCCE reportedly spent $40 million on TV and radio ads during the 2008 election and over $16 million around the 2010 election. ACCCE was caught up in a scandal when a subcontractor forged letters on behalf of senior and civil rights groups urging members of Congress to oppose national climate legislation. For more, see ACCCE on PolluterWatch.
  • Edison Electric Institute (EEI): the primary trade association for electric utility companies, whose members include AEP, Duke Energy and numerous other members of ALEC's energy/environment task force.
    • Political spending since 2007: EEI has spent over $63.7 million on federal lobbying and over $2.1 million on federal politicians and political committees.

$15.3 million: total federal politicians and committees spending from these groups since 2007

$194 million: total federal lobbying expenditures from these groups since 2007

The collective millions spent on federal lobbying and politicians went a long way for these five coal interest groups. Their lobbying goals included weakening 2009 climate legislation and working to interfere with US EPA rules to reduce coal pollution or greenhouse gases.

All five of these groups have recently lobbied to prevent US EPA from controlling greenhouse gas emissions under the Clean Air Act. These five interests only represent a slice of the coal interests spending money in politics, and just a few players among many in the coal, oil, gas and chemical industries that dump millions of dollars into public relations campaigns telling us that climate change is not a problem.

 
 
Known Associates: 
Industry: 

Big Coal: decades of deception

  • Posted on: 10 September 2012
  • By: Cindy Baxter

Coal giant American Electric Power's slogan in the 70's.

[See our full archive of coal advertisements here]

“Can coal be cleaned before it’s burned? Of course it can!

Although this language comes from a 1970s advertisement from coal giant American Electric Power, this claim would be right at home with today’s “clean coal” advertising.

When someone sent us some old 1970’s newspaper advertisements from coal-burning giant American Electric Power, questioning proposed regulations to stop coal pollution, the language had a familiar ring to it. How long had the industry been telling us that coal was clean? Has the industry been using the same deceptive advertising campaigns to scrub its image (and delay important regulations to protect public health) for decades? So we went back through the archives to review the record.

We found that the coal industry has spent at least four decades spinning lies to convince us coal is clean, and any scientific evidence on pollution is crooked.  The industry further claims that any pollution regulation will cost jobs and cripple the economy.

The origins of truth spinning by the coal industry dates back to the birth of public relations in the first part of the twentieth century. The coal industry claimed they had cleaned up dirty coal eliminating the “black froth” on streams so that nearby waterways would remain “pristine.”

 


 

The 70’s and the Clean Air Act

The real spin from the coal industry began in the 1970’s when the Clean Air Act introduced air quality guidelines to curb sulfur dioxide and nitrous oxide that come from burning coal.

 
The coal industry pursued an aggressive PR offensive.  American Electric Power (AEP), then the country’s largest coal-burning utility company, launched ads calling for modifications of the Clean Air Act, or else the country would face “galloping unemployment.” 
 

AEP also ran ads warning that scrubbers designed to remove life-threatening pollutants from smokestack emissions wouldn't work, but would create large quantities of “oozy gook.

In contrast, today AEP’s subsidiary, Appalachian Power has quite a different take on scrubbers.   The company states on its website that the sludge from scrubbers is harmless: “…. This harmless substance then is sent to a landfill. The scrubber captures almost all of the SO2 produced from burning coal. That makes our air cleaner. It also gives plants the flexibility to use locally-available high-sulfur coal, which helps keep fuel costs low.”

To get around the local pollution problems and to adhere to the new air quality regulations, the industry started building tall stacks to disperse the pollution instead of reducing it.  When the EPA targeted tall stacks, AEP again fought them tooth and nail.

 

When the Middle East oil embargo sent gas prices skyrocketing, the industry tried to use concerns about the crisis to support its agenda. The Saudis would buy US coal, screamed one advertisement.  “What time is the electricity on today?”  asked another.  “Fanatical Environmentalists” were threatening America’s future, according to one ad.

 

What acid rain?

In 1980 the U.S. government began what would be a decades-long effort to grapple with the problem of acid rain caused by sulfur emissions from coal-fired power stations.

The coal industry attacked the emerging scientific consensus on acid rain.  Edison Electric Institute, funded by the utility industry and member of the Coalition for Energy Environment Balance, published “Facts About Acid Rain.”  The author, Alan Katzenstein, later worked for the Tobacco Institute and claimed that second hand smoke was harmless.

 

1990 Clean Air Act Amendments
When the Clean Air Act was amended in 1990 despite a barrage of industry-launched court cases, scrubbers became mandatory for all new power plants. Yet the coal industry still argued that regulation would “short circuit America’s electricity system”

 

But the lights stayed on.

In fact, the 1990 Clean Air Act amendments have saved billions of dollars spent on human health and worker days, according to a 2011 EPA analysis. A 2009 EPA report states that acid rain deposits over the US have decreased by 43 percent.

Enter the Greenwash

Once the coal industry had to comply with new standards, it began scrubbing the record of its resistance to public health standards.   The industry claimed that its state of the art technology cleaned up the emissions and pollution from coal plants that they had furiously spurned the previous decade. “A cleaner environment is on everyone’s agenda” said the EEI.
 

Enter climate science denial
By the early 1990’s, there was a new threat to Big Coal. After years of scientists' warnings about the impacts of greenhouse gases from burning coal and other fossils fuels, climate change began to emerge as a widespread concern. Once the Intergovernmental Panel on Climate Change released its first report, the coal industry rolled out the same attacks on the scientific evidence.

A new industry front group, Information Council on the Environment, ran a test series of advertisements challenging climate science. The objective was to “reposition global warming as theory, not fact.”  This strategy formed the beginnings of a decades-long, industry-funded campaign of climate science denial that continues to this day.

An economic argument was also used against climate action, with claims that a treaty like the Kyoto Protocol would ruin the economy. The “not global, won’t work” mantra of these ad campaigns has been a consistent excuse from U.S. officials in international climate talks for the last 12 years.  

 

The new “clean coal”

By the 2000’s, the coal industry increasingly relied on its “coal is clean” mantra.

Americans for Balanced Energy Choices, the coal industry coalition, argued that coal was “better for the economy and cleaner for our environment.” 
 

Industry convinced federal agencies to pour taxpayer subsidies into a search for new coal emissions technologies including “carbon capture and storage,” or CCS.

CCS would bury C02 in underground aquifers. Despite being a prohibitively expensive and unproven technology, it has become the new poster child for clean coal.

By 2007, ABEC was claiming that they were going “beyond clean”. CCS was portrayed as being just around the corner, and pollutants like SO2 and NOX were now reduced to “near zero.” 

 

In 2008, ABEC morphed into the “American Coalition of Clean Coal Electricity” (ACCCE) that mobilized industry supporters across the country before the elections.  ACCCE now claims “clean coal technology is real – and it is deployed across the U.S. and around the world to the benefit of people and our planet.”

The coal industry has spent decades trying to convince Americans that protecting our health and the environment will destroy the economy and leave us in the dark.

Yet our country has continually improved public health and environmental protections without the economic disasters hyped by the coal industry.

We couldn’t believe them then. Why should we believe them now?

Industry: 

ALEC Model Bill Behind Push To Require Climate Denial Instruction In Schools

  • Posted on: 26 January 2012
  • By: Connor Gibson

Written by Steve Horn, crossposted from DeSmogBlog.

On January 16, the Los Angeles Times revealed that anti-science bills have been popping up over the past several years in statehouses across the U.S., mandating the teaching of climate change denial or "skepticism" as a credible "theoretical alternative" to human caused climate change came.

The L.A. Times' Neela Banerjee explained,

"Texas and Louisiana have introduced education standards that require educators to teach climate change denial as a valid scientific position. South Dakota and Utah passed resolutions denying climate change. Tennessee and Oklahoma also have introduced legislation to give climate change skeptics a place in the classroom."

What the excellent Times coverage missed is that key language in these anti-science bills all eminated from a single source: the American Legislative Exchange Council, or ALEC.

ALEC Exposed: No, Not Alec Baldwin*

In summer 2011, "ALEC Exposed," a project of the Center for Media and Democracy (CMD)**, taught those alarmed about the power that corporations wield in the American political sphere an important lesson: when bills with a similar DNA pop up in various statehouses nationwide, it's no coincidence. 

Explaining the nature and origins of the project, CMD wrote, "[CMD] unveiled a trove of over 800 'model' bills and resolutions secretly voted on by corporations and politicians through the American Legislative Exchange Council (ALEC). These bills reveal the corporate collaboration reshaping our democracy, state by state."

CMD continued, "Before our publication of this trove of bills, it has been difficult to trace the numerous controversial and extreme provisions popping up in legislatures across the country directly to ALEC and its corporate underwriters."

CMD explained that ALEC conducts its operations in the most shadowy of manners (emphases mine):

"Through ALEC, behind closed doors, corporations hand state legislators the changes to the law they desire that directly benefit their bottom line. Along with legislators, corporations have membership in ALECCorporations sit on all nine ALEC task forces and vote with legislators to approve 'model' billsCorporations fund almost all of ALEC's operations. Participating legislators, overwhelmingly conservative Republicans, then bring those proposals home and introduce them in statehouses across the land as their own brilliant ideas and important public policy innovations—without disclosing that corporations crafted and voted on the bills."

So, what is the name of the "model bill" this time around?

The Trojan Horse: The "Environmental Literacy Improvement Act"

The Trojan Horse in this case is an Orwellian titled model bill, the "Environmental Literacy Improvement Act."[PDF]

The bill was adopted by ALEC's Natural Resources Task Force, today known as the Energy, Environment and Agriculture Task Force, at ALEC's Spring Task Force Summit on May 5, 2000 — it was then approved by the full ALEC Board of Directors in June of 2000.

The bill's opening clause reads [PDF], "The purpose of this act is to enhance and improve the environmental literacy of students and citizens in the state by requiring that all environmental education programs and activities conducted by schools, universities, and agencies shall…"

Among other things, the bill stipulates that schools, universities and agencies should, 

  • "Provide a range of perspectives presented in a balanced manner."
  • "Provide instruction in critical thinking so that students will be able to fairly and objectively evaluate scientific and economic controversies." 
  • "Be presented in language appropriate for education rather than for propagandizing."
  • "Encourage students to explore different perspectives and form their own opinions."
  • "Encourage an atmosphere of respect for different opinions and open-mindedness to new ideas."
  • "Not be designed to change student behavior, attitudes or values." 
  • "Not include instruction in political action skills nor encourage political action activities."

How does this language compare with legislation passed or proposed in various states? A review is in order.

ALEC Bills: From Model to Reality

The "Environmental Literacy Improvement Act," or at minimum, the crucial language found within it, has been proposed in seven states, and passed in three states, Louisiana in 2008, Texas in 2009 and South Dakota in 2010.

Louisiana

In 2008, the Louisiana state legislature introduced and eventually passed S.B. 733, the Louisiana Science and Education Act. The bill was originally sponsored by four members of the Senate, three of whom are current dues paying members of ALEC: Sen. Ben Wayne Nevers, Sr. (D-12); Sen. Neil Riser (R-32); and Sen. Francis Thompson (D-34).

The three ALEC members received a total of $9,514 from the oil and gas industry in the 2008 and 2010 election cycles in campaign money combined, and the four of them together received $13,814 in campaign cash from the oil and gas industry, according to the National Institute on Money in State Politics' FollowTheMoney.org.

ALEC Model vs. S.B. 733

The Louisiana bill calls for, "an environment within public elementary and secondary schools that promotes critical thinking skills, logical analysis, and open and objective discussion of scientific theories being studied including…global warming…" The bill also calls for "instructional materials to help students understand, analyze, critique, and review scientific theories in an objective manner."

This bill mirrors the provisions of the ALEC bill which say that teachers should "provide instruction in critical thinking so that students will be able to fairly and objectively evaluate scientific…controversies," and mandates that "balanced and objective environmental education materials and programs will…be used."

South Dakota

In 2010, the South Dakota Legislative Assembly passed House Concurrent Resolution 1009, a non-binding resolution introduced by 33 members of the House of Representatives and 6 members of the Senate, 39 in total, and 12 of whom are current members of ALEC. The bill calls for "balanced teaching of global warming in the public schools of South Dakota."

The 12 members of ALEC who sponsored HCR 1009 received $1,900 from the oil and gas industry in the 2008 and 2010 election cycles combined, according to FollowTheMoney.org.

The bill mirrors the provision of the ALEC bill that call for the providing of "a range of perspectives presented in a balanced manner."

Kentucky

In 2010, the Kentucky state legislature proposed H.B. 397, the Kentucky Science Education and Intellectual Freedom Act, a bill that eventually failed to pass.

The bill was co-sponsored by two members of the Kentucky House of Representatives who were not members of ALEC, but one of whom, Tim Moore (R-26), took $3,000 from the oil and gas industry in the 2008 and 2010 campaign cycles combined, according to the National Institute on Money in State Politics.

ALEC Model vs. HB 397

Two key provisions of the H.B. 397 "encourage local district teachers and administrators to foster an environment promoting objective discussion of the advantages and disadvantages of scientific theories" and "allow teachers to use, as permitted by the local board of education, materials in addition to state-approved texts and instructional materials for discussion of scientific theories including…global warming…"

This bill mirrors major provisions of the ALEC model bill that say teachers should "provide instruction in critical thinking so that students will be able to fairly and objectively evaluate scientific…controversies," and mandates that "balanced and objective environmental education materials and programs will…be used."

New Mexico

In 2011, ALEC member, Rep. Thomas A. Anderson, introduced H.B. 302. In the 2008 and 2010 campaign cycles, he raised $2,650, according to the National Institute on Money in State Politics' campaign finance database.

ALEC Model vs. H.B. 302

H.B. 302 says that schools shall "not prohibit any teacher, when a controversial scientific topic is being taught in accordance with adopted standards and curricula, from informing students about relevant scientific information regarding either the scientific strengths or scientific weaknesses pertaining to that topic." One "controversial scientific topic" listed is the "causes of climate change."

This bill mirrors the provisions of the ALEC model bill which call for teaching "a range of perspectives presented in a balanced manner," teaching "different perspectives" to allow for students to "form their own opinions," and creating an "atmosphere of respect for different opinions and open-mindedness to new ideas."

Tennessee

Tennessee's House bill, H.B. 368, essentially a replica of the ALEC model bill, overwhelmly passed the House in April 2011, but its Senate-version cousin, S.B. 893, failed to pass. As the Los Angeles Times article makes clear, efforts to push the bill through are far from over.

Key clauses of that bill read,

  • "[T]eachers shall be permitted to help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories covered in the course being taught."
  • "[P]ublic elementary and secondary schools…[should]…respond appropriately and respectfully to differences of opinion about controversial issues." 

These excerpts match, almost to a "T," bullet points one, three and four of the ALEC model bill.  

Nine of the 24 co-sponsors of the H.B. 368 are ALEC members, according to CMD's ALEC Members database.

In addition, these nine ALEC member co-sponsors received $8,695 in campaign contributions from the oil and gas industry combined in the 2008 and 2010 campaign cycles, according to FollowTheMoney.org. The other 15 sponsors of the bill, while not members of ALEC, received $10,400 in their campaign cofffers in the 2008 and 2010 campaign cycles combined.

S.B. 893, on the other hand, was sponsored by Sen. Bo Watson (R-11), a recipient of $1,800 in oil and gas industry money in the 2008 and 2010 election cycles combined.

Translation: between the 25 of them, on top of a model bill handed to them by corporate oil and gas industry lobbyists, they were also furnished with $20,895 in campaign cash by these industries with the expectation to do their legislative bidding.

Oklahoma

Titled, the “Scientific Education and Academic Freedom Act,” H.B. 1551 is also essentially a copycat of Tennessee's version of the ALEC model bill — it failed to pass. A Senate version of that bill, S.B. 320, was also proposed in 2009, but failed to pass through committee.

Key clauses of that bill read (emphases mine),

  • "[T]eachers shall be permitted to help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories pertinent to the course being taught."
  • "[N]o student in any public school or institution shall be penalized in any way because the student may subscribe to a particular position on scientific theories."

Notice how the first bullet is exactly the same in both the Tennessee and Oklahoma bills — also notice how similar bullet number two is in both language and substance in both states' bills.

Rep. Sally Kern (R-84), sponsor of H.B. 1551, is a member of ALEC, according to CMD. She received $12,335 from the oil and gas industry in the 2008 and 2010 election cycles, in total, according to FollowTheMoney.org. Sen. Randy Brogdon (R-34), sponsor of S.B. 320, while not a member of ALEC, received $22,967 from the oil and gas industry while running and losing for Governor of Oklahoma in 2010, according to FollowTheMoney.org.

On the whole, sponsors and co-sponsors from the six states in which the ALEC bill was proposed were recipients of $44,409 in campaign money from the oil and gas industry, a miniscule down payment for some of the most lucrative corporations known in the history of mankind.

Texas

Texas, in this case, is a bit of a wild card. Rather than a bill proposed by a state legislature, in 2009, the Texas School Board passed an amendent calling for the "balanced" teaching of climate change, meaning both science and "skepticism."

The Austin Statesman explained,

"The State Board of Education…adopted standards on the teaching of global warming that appear to both question its existence and prod students to explore its implications.

Standards are used to guide textbook makers and teachers.

Language…instructed students to 'analyze and evaluate different views on the existence of global warming,'"…

This provision mirrors and is likely inspired by the ALEC model bill provision on global warming, which suggested science teachers should "Provide a range of perspectives presented in a balanced manner."

A Bill In the Corporate Polluter's Interest

The money paper trail for this ALEC model bill runs deep, to put it bluntly. 

When the ALEC model bill was adopted in 2000 by ALEC's Natural Resources Task Force, the head of that committee was Sandy Liddy Bourne, who after that stint, became Director of Legislation and Policy for ALEC. She is now with the Heartland Institute as vice-president for policy strategy. In Sandy Liddy Bourne's bio on the Heartland website, she boasts that "Under her leadership, 20 percent of ALEC model bills were enacted by one state or more, up from 11 percent." 

SourceWatch states that Liddy Bourne "…is the daughter of former Nixon aide and convicted Watergate criminal G. Gordon Liddy, who spent more than 52 months in prison for his part in the Watergate burglary…[and her] speech at the Heartland Institute's 2008 International Conference on Climate Change was titled, 'The Kyoto Legacy; The Progeny of a Carbon Cartel in the States."

The Heartland Institute was formerly heavily funded by ExxonMobil and Koch Industries, just like ALEC was at the time that Liddy Bourne's committee devised the "Environmental Literacy Improvement Act." These two corporations are infamous for their funding of climate change "skeptic" think tanks and front groups.  

Today, the corporate polluter members of ALEC's Energy, Environment and Agriculture Task Force include representatives from American Electric Power, the Fraser Institute, the Cato Institute, the Competitive Enterprise Institute, the Institute for Energy Research, the Mackinac Center for Public Policy, the Heartland Institute, and the American Coalition for Clean Coal Electricity, to name several.

Getting Them While They're Young: A Cynical Maneuver 

In the United States, the politics of big-money backed disinformation campaigns have trumped climate science, and serves as the raison d'être for DeSmogBlog. Polluters with a financial interest in continuing to conduct business without any accountability for their global warming pollution have purposely sowed the seeds of confusion on an issue seen as completely uncontroversial among scientists.

Maneuvering to dupe schoolchildren is about as cynical as it gets. Neuroscience explains that young brains are like sponges, ready to soak in knowledge (and disinformation, for that matter), and thus, youth are an ideal target for the "merchants of doubt."

The corporations behind the writing and dissemination of this ALEC model bill, who are among the largest polluters in the world, would benefit handsomly from a legislative mandate to sow the seeds of confusion on climate science among schoolchildren.

Alas, at the very least, the identity of the Trojan Horse has been revealed: it's name is ALEC.

 

*Sorry Alec Baldwin, this isn't about you, please resume your Words With Friends. This ALEC is far more scandalous.

**Full Disclosure: At the time of the ALEC Exposed project's public release in mid-2011, Steve Horn was an employee of Center for Media and Democracy.

Industry: 

Kiss My Ash: How King Coal’s Lobbyists Are Undermining Coal Ash Regulation

  • Posted on: 27 October 2010
  • By: Connor Gibson

Is this toxic sludge 'hazardous'?  Coal lobbyists are doing everything they can to force the EPA not to regulate it.  Photo credit.

DeSmogBlog and PolluterWatch present: Coal Fired Utilities to American Public: Kiss My Ash [pdf].  This report reveals that between October, 2009 and April, 2010 industry representatives held at least 33 meetings with White House Office of Management and Budget staff--at least 4 months before the first public hearing on the proposed ruling on coal ash was held on August 30th.

If coal ash, a waste product from burning coal to generate power, contains concentrated levels of known carcinogens, neurotoxins and radioactive elements, is it hazardous?

According to King Coal’s lobbyists, the answer is ‘No.’  

On behalf of the rest of the American public, the Environmental Protection Agency has struggled to move towards officially classifying coal ash as “hazardous.”  This step would open regulatory doorways that could limit contamination of drinking water, related sicknesses, and dangerous toxic floods.

Corresponding with today’s final public EPA hearing on coal ash in Knoxville, Tennessee, DeSmogBlog and PolluterWatch released a report [pdf] calling attention to the relentless attempts by coal lobbyists to prevent the labeling of this hazardous material as, er, 'hazardous'.  This last hearing is expected to reflect the sentiment at previous public hearings—people don’t want to live at risk of contamination from heavy metals like arsenic, mercury and lead. Especially the folks in Tennessee who continue to deal with the consequences of a failed coal ash impoundment.  

Utilities in the United States generate almost 140 million tons of coal ash each year, so they're willing to throw around millions of dollars to prevent the regulation of such a prevalent waste product.  Those with the most at stake include American Electric Power, Duke Energy, and the Tennessee Valley Authority, which together account for over 25% of the coal ash sites that have been classified as particularly dangerous.

As the coal titans became weary of the EPA’s intent to finally treat coal ash like the powerful contaminant it is, they dispatched a legion of lobbyists to delay regulation.  The effort succeeded, buying time to ramp up a public relations campaign touting the “beneficial” uses of coal ash and pushing the familiar dire economic implications of federal oversight.

Last year, as EPA Administrator Lisa Jackson submitted a draft proposal for coal ash rules to the White House Office of Management and Budget, coal lobbyists began booking potentially illegal meetings with the White House, en masse, so as to clog OMB’s review of the EPA proposal.   From October 2009 to April 2010, coal’s influence peddlers held at least 33 meetings with White House OMB staff—three times more than meetings that included university scientists and environmentalists.

King Coal’s lobbying arm earned two substantial victories from these meetings.  First, Jackson’s goal of reaching a decision by the end of 2009 was effectively delayed.  The second victory was the addition of a new, weaker proposal to require liners in coal ash ponds as a way to reduce water contamination, while classifying the waste as 'non-hazardous.'  With this option, coal companies may have successfully bought their way out of meaningful oversight unless the EPA finally wakes up and does the job it is supposed to do, namely protect people and the environment from toxic materials.

Who exactly are these polluter lobbyists?

PolluterWatch has profiled a few of the key coal representatives who have fought tooth and nail to prevent the regulation of coal ash:

Also noteworthy is Lisa Jaeger of Bracewell & Giuliani. Though not present at the meetings posted on the White House website, she lobbies on behalf of the Council of Industrial Boiler Owners, Southern Co, Dynergy, and other clients who pay her to prevent various regulations.

Of these lobbyists, only Kavanagh has not been employed by the Environmental Protection Agency.

*For more information, be sure to read the full report [pdf] and our compilation of high hazard coal ash pond locations, with associated parent companies.*

Industry: 

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