Jeff Holmstead

Coal Lobbyist Jeff Holmstead Disqualified by Federal Judge in Ameren Pollution Lawsuit

  • Posted on: 11 September 2014
  • By: Connor Gibson

Jeff Holmstead, confronted for interfering with climate change solutions, while trying to catch a cab.

Jeff Holmstead, perhaps the nation's prime example of a revolving door lobbyist, was dismissed by a federal judge as an expert witness in a lawsuit brought by the U.S. Environmental Protection Agency against Ameren Missouri, a coal burning utility.

In an ongoing case, the EPA has charged Ameren with violating the Clean Air Act by not installing appropriate pollution controls at one of its coal plants. The Sierra Club has since sued Ameren, "alleging 7,880 air quality violations at three coal-burning power plants since 2009," according to the St. Louis Post-Dispatch.

Judge Rodney Sippel granted U.S. Justice Department's request to remove Holmstead as a witness, confirming that the lobbyist's history at U.S. EPA posed "multiple conflicts of interest." Here's the judge's motion to dismiss Jeffrey Holmstead, citing Holmstead's use of his EPA experience to undermine EPA's pollution enforcement actions (emphases added):

"Mr. Holmstead’s legal opinions are irrelevant, speculative, and inadmissible." [...] "By his own description, Mr. Holmstead’s testimony relies on his recollection of EPA “internal meetings” that he says are relevant to the issues to be tried in this action. Such internal communications are privileged and confidential and Mr. Holmstead may not rely on his recollection of them to testify against EPA. Moreover, Mr. Holmstead received other privileged information concerning the issues about which he now seeks to testify on behalf of Ameren, and participated in power-plants enforcement cases related to this one while at EPA. Before he left EPA, he even personally provided a declaration for EPA that is at issue in this and other related power-plants enforcement cases asserting privilege claims on behalf of EPA over documents that are relevant to the opinions he now seeks to offer. Yet he now seeks to change sides and testify against EPA. Moreover, he was assisted in the preparation of his report by another former EPA attorney who was involved in the early stages of the investigation that ultimately led to the filing of this case. For the reasons discussed in the accompanying Memorandum, Mr. Holmstead should not be allowed to testify in this matter due to his multiple conflicts of interest.

This is a notable blow to Mr. Holmstead's credibility, who touts his time at EPA to obscure his lobbying to protect polluters from public accountability. An anonymous source "familiar" with this case, likely one of Holmstead's colleagues at Bracewell & Guiliani, has been attempting to spin this embarrassing dismissal to reporters at Bloomberg and E&E Publishing. Ameren claims the judge has no proof that Holmstead would use privileged information, ignoring the judge's reference that Holmstead himself said he would use information from "internal meetings" during his time at EPA.

Jeffrey R. Holmstead, a partner at Bracewell & Guiliani who represents coal mining and utility clients like Arch Coal, Duke Energy and Southern Company, spent four years as EPA's assistant administrator for Air and Radiation under President George W. Bush. His career is a dirty legacy of work against the public interest.

Holmstead's tenure at EPA was controversial all the way from his appointment, protested by U.S. Senators for his previous lobbying for coal companies, until his departure. He was caught censoring science within his office and single-handedly derailed a mercury pollution regulation that would have prevented thousands of premature deaths every year. Holmstead's interference blocked mercury pollution controls at U.S. coal plants for eight full years, as Greenpeace has documented, and confronted Holmstead directly for explanation.

While Ameren from his former government employer, Jeff Holmstead has been working to undermine the nation's first ever attempt to limit carbon pollution from U.S. power plants, misleading the public with fears that these rules will increase their utility bills. Holmstead has been repeatedly fact-checked on his conflation of electricity rates with people's bills, ignoring how energy efficiency measures are expected to lower bills over the long term, and also ignoring the immense costs of coal pollution to the public. Holmstead's office runs a front group called the Electric Reliability Coordinating Council (ERCC) to advocate for these polluters against climate and clean air rules, and representing ERCC, he has personally accompanied an Arch Coal lobbyist to the White House to undermine climate regulations.

Again, Greenpeace has directly sought answers from Mr. Holmstead on why he has dedicated his life to protecting companies that not only undermine science, but quite literally kill people as a regular part of their business operations:

It's nice to see a judge finally toss the fox out of the hen house. Jeff Holmstead says what he's paid to, and his clients make that money by polluting for free.

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Coal Lobbyist Jeff Holmstead Confronted for Blocking Global Warming Solutions (VIDEO)

  • Posted on: 18 June 2014
  • By: Connor Gibson

Bracewell & Giuliani's Jeff Holmstead, hailing the escape cab that never showed up.

Bracewell & Giuliani Coal Lobbyist Jeff Holmstead vs. The Climate

If you're a coal lobbyist like Jeff Holmstead, getting stuck in an elevator with Greenpeace activists is an inconvenient occupational hazard, especially if you then can't find a cab and cars are honking at your during an uncomfortable conversation about your work to attack pollution laws. See this K Street confrontation for yourself.

If you've followed the news around EPA's proposed Clean Power Rule, which aims to reduce the U.S. power sector's large contributions to global warming, you've probably seen Jeffrey Holmstead in the news. Usually, Holmstead is presented as a "partner" at Bracewell & Giuliani, and as a former EPA assistant administrator for air and radiation under George W. Bush.

This descriptor fails to present Holmstead's current and past work as a registered lobbyist for coal companies, and leaves out the destructive decisions that Holmstead made in his stint at EPA, which directly contributed to the premature death of tens of thousands of people in this country. It leaves out the $17.5 million that coal industry clients have paid Bracewell & Giuliani for its lobbying services, where Mr. Holmstead is a prized hired gun against the EPA.

This is why I began our tense conversation with a simple question: why doesn't Jeff Holmstead use his skills, qualifications and experience to find real solutions to global warming?

Every time Mr. Holmstead has appeared in the news to discuss the EPA's proposed Clean Power Rule to reduce U.S. carbon emissions, he doesn't have much good to say. "As someone who believes in the rule of law, I think this clearly goes beyond what EPA is allowed to do under the Clean Air Act,” Holmstead said at an event yesterday at the Bipartisan Policy Center, where I asked if his naysaying is simply to help Arch coal sell coal. Notice that Holmstead doesn't respond:  see minute 7:30 in bottom video posted by BPC.

Mr. Holmstead's criticisms aren't surprising for a coal lobbyist, but Holmstead rarely acknowledges his coal clients and instead uses his former EPA credentials and his legal expertise to help steer Washington DC politicians, lawyers and journalists toward the coal industry's interpretations of proposed environmental regulations.

Holmstead likes to conflate rising electricity rates with the average consumer's utility bill, ignoring the proposed rule's well-known intent to reduce consumer bills through energy efficiency targets. This deceptive talking point was called out by Susan Tierney of the Analysis Group at yesterday's event at the Bipartisan Policy Center. Holmstead knows this isn't honest--he was previously called out by NRDC's Frances Beineke during a segment on The Diane Rehm Show.

He talks about how reducing U.S. emissions won't make a dent in reducing global emissions, thanks to rising coal use in coutries like China and India, as if the U.S. first real national attempt to reduce emissions won't give us legitimacy in global climate negotiations. When I used this as an example of one of Mr. Holmstead's obstruction tactics.

With the science understood, with the financial stakes so high and with shocking estimates of the current human death toll from global warming, why does Jeffrey Holmstead make a career working for an industry that is killing people?

I don't have an answer, but I have sought one. For "someone who believes in the rule of law," Mr. Holmstead has found a lot of ways to protect coal company executives at the expense of other people, within the boundaries of law or outside of the boundaries of enforcement. Avoiding personal responsibility is nothing new for Mr. Holmstead. In 2011, I confronted him for his decisions to delaying mercury regulations at U.S. power plants for eight full years, a decision he made as head of the George W. Bush EPA's air and radiation office. That decision allowed tens of thousands of people to prematurely die from mercury's toxic effects, according to EPA estimates of the rule's health benefits.

After I was booted out, Gabe Elsner of the Energy and Policy Institute asked Mr. Holmstead about his role in delaying mercury regulations. The interaction says a lot about Holmstead's aversion to recognizing the indirect role he has played in hurting people:

For someone whose decisions have had a terrible impact on the American public, Jeff Holmstead has faced little accountability for his sooty legacy. PolluterWatch will continue to monitor and expose the coal industry's work to undermine public health and public policies designed to solve problems their business creates.

SourceWatch: Jeffrey R. Holmstead

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VIDEO: Coal Polluter Lobbyist Confronted at Energy Event

  • Posted on: 15 November 2012
  • By: Connor Gibson

Today at a well-attended energy forum hosted by Politico, I shed some light on the role of coal lobbyist Jeffrey Holmstead in blocking pollution reductions for his coal utility and mining clients after he said we can't "regulate our way to clean energy." Here's the video:

(Click for transcript of interruption)

UPDATE 11/16: Holmstead was later confronted on camera by Gabe Elsner of the Checks and Balances Project after the disruption at the Politico forum. Watch Holmstead re-write the history of his attacks on mercury pollution laws:

As I waited inside for Mr. Holmstead to step on stage, members of Greenpeace's Climate Crime Unit stood outside handing out WANTED posters of both Holmstead and chief oil lobbyist Jack Gerard of the American Petroleum Institute, who was also present.

greenpeace climate crimes unit jeff holmstead jack gerard wanted

Jeff Holmstead, who is often quoted in newspapers as a former Air and Radiation Administrator for the George W. Bush Environmental Protection Agency or a "partner" (read: lobbyist) at Bracewell & Giuliani's corporate law firm here in DC, is rarely credited as an influence peddler for some of the most notorious polluters in the country.

Polluters like Duke Energy, Southern Company, and Arch coal are paying Holmstead's bills. These laggard coal-reliant companies are responsible for ecologically destructive coal mining and the carbon dioxide emissions that drive global climate change, not to mention a litany of dangerous pollutants.

Jeff Holmstead's job as their lobbyist is to delay any clean air rules, clean water rules or climate change laws that threaten the billions in profit these companies make by getting to pollute for free. Since he started officially working for them, his firm has been paid over $13.7 million dollars for the dirty work of Holmstead and his partners at Bracewell & Giuliani. He is the perfect example of the political revolving door: he was a coal lobbyist who was placed at the head of our government's clean air department before jumping back on the payroll of coal companies to dismantle the rules he was supposed to uphold. Here are some of

Holmstead's greatest polluter hits:

  • Eight years of delay for mercury pollution controls at US power plants. As part of the George W. Bush EPA, Holmstead swapped out a technology-based solution to mercury emissions from coal plants with a rule that was later declared illegal by a US District Court. This bait-and-switch happened in December, 2003; it took the US EPA until Dec. 2011 to put the effective mercury rule back in place. EPA currently estimates that up to 11,000 people's lives could be saved each year by controlling mercury pollution--see EPA Factsheet.
  • Led the Bush administration's "Clear Skies Initiative," a deceptively-titled name for a series of proposed air pollution laws that actually allowed for more coal pollution.
  • Attacks on greenhouse gas regulations through the Clean Air Act: Holmstead was the infamous co-author behind the scenes of Senator Lisa Murkowski's "Dirty Air Act" in 2010.
  • Ongoing attacks on pollution controls through ERCC front group: the "Electric Reliability Coordinating Council" is a coal industry front group run out of Holmstead's office. They have worked to block any regulation of poisonous coal ash, greenhouse gas emissions from coal and the mercury pollution controls that Holmstead already delayed for eight years.
  • Work for a Koch front group that denied the existence of acid rain: "Citizens for the Environment" was a spinoff of the Koch-founded Citizens for a Sound Economy, which eventually became David Koch's Americans for Prosperity. Citizens for the Environment had no actual citizen membership, according to the New Yorker.

[

FOR MORE: See Jeff Holmstead's PolluterWatch profile.

TRANSCRIPT OF INTERRUPTION:

“Mr. Holmstead, Southern Company and Duke Energy pay you to block those regulations. They pay you to block climate legislation. They don’t want clean energy. You need to be reported as the coal lobbyist that you are. When you were in the George W. Bush EPA you blocked mercury controls on power plants for eight years. Eight years—do you know how many thousands of people may have died as a result of that decision, Mr. Holmstead? You need to be held accountable for that. You need to be held accountable as a lobbyist for coal interests.” (click to return to top)

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Coal Utility CEO dismisses link between Hurricane Sandy and Climate Change

  • Posted on: 31 October 2012
  • By: Connor Gibson

Image source: Knoxville News Sentinal

Duh. That's probably what you thought to yourself when you read my headline.

Yes, as American families on the east coast are reeling from an unprecedented weather disaster, Southern Company CEO Thomas Fanning told CNBC:

“I don’t think the data supports that the storms are more frequent or unusual than they have been in the past. But the point is right now that we are not dedicated to getting into an ancillary argument.” (h/t The Hill)

Fanning probably considers the much-needed conversations considering Hurricane Sandy and climate change as "ancillary" because Southern Company plays a very central and very inconvenient role in creating global warming. Apparently, Fanning's home and livelihood weren't damaged by superstorm Sandy, although his birthplace of Morristown, NJ was hit by the storm. Lucky him--out of sight, out of mind! Apparently there's no need to talk about the deeper issue of global warming. (Greenpeace photos of damage from Sandy).

See, not only is Southern Co one of the nation's largest coal-burning utilities, but it creates more carbon pollution than any other utility in the country and ranks #7 in global power company carbon emissions. Southern Co is responsible for dumping over 145 million tons of carbon dioxide into our atmosphere each year, making it a key culprit in the global climate crisis.

In turn, global warming creates conditions that can make cyclones like Hurricane Sandy more intense than they naturally would be, not to mention increasing the likelihood of other extreme weather events like droughts, floods, and heavy storms. If you live in the U.S., you know this year was particularly suspicious in terms of climate-related disasters.

Suspicious unless you have your head in the sand, as Mr. Fanning appears to. What's worse is how much Thomas Fanning's company has paid money to stuff other people's heads in the sand with them.

While aggravating global warming through its immense greenhouse gas emissions, Southern Company has also been a key manipulator in our national dialog over global climate change:

  • Funding shill groups: Southern Co. is a member of the Electric Reliability Coordinating Council, a front group run by coal utility lobbyists at the law firm Bracewell & Giuliani. Through ERCC lobbyists Scott Segal and Jeff Holmstead, Southern Co and other dirty utilities bitterly opposes any requirements for coal companies to reduce their pollution or greenhouse gases causing global warming. Southern Co is also a member of the American Coalition for Clean Coal Electricity (ACCCE), another front group opposing strong environmental standards for coal pollution. You may be familiar with ACCCE for its multimillion dollar ad buys around the election, or for its involvement in a scandal where forged letters were sent to Congress to oppose climate legislation in 2009.
  • Buying politics: Since 2008, Southern Co. has spent over $61 million lobbying our federal government, much of which was to block environmental laws and legislation addressing climate change. Southern Co. has spent over $10 million each year on federal lobbying since 2004. To support its lobbying expenditures, Southern Co. has also sent over $1.6 million to federal politicians and registered political groups since the 2008 election cycle.
    • In the 2012 presidential election, Southern Co. has sent $46,650 to Republican candidate Mitt Romney and $8,580 to President Barack Obama (OpenSecrets).

Unfortunately for the climate and those who are now suffering from weather disasters, Southern Company is just one of many companies funding our politicians and then paying lobbyists, setting up front groups and financing hack scientists to push politicians even farther into an anti-science fantasy-land. Along with Southern are other key bad actors like Duke Energy, Peabody, ExxonMobil, Chesapeake Energy, Koch Industries and other fossil fuel interests that also want to stomp any mention of global warming out of politics, protecting billions in profit and limiting their liability over pollution problems.

Understanding how these behemoths operate and coordinate makes it less surprising, though no less offensive, that we didn't hear about climate change in the first presidential debate series in over 20 years.

It doesn't matter if global warming is an "ancillary" issue to Southern Company after disasters like Hurricane Sandy, or if the presidential contenders won't be honest with Americans about the problem. Our changed climate is only going to keep changing.

Lobbyists for the "Electric Reliability Coordinating Council" attack clean air rules on behalf of Arch Coal

  • Posted on: 24 May 2012
  • By: joesmyth

The Environmental Protection Agency is holding a public hearing today in Washington DC on the first-ever rules to limit carbon pollution from new power plants. It's a popular rule, and EPA has already heard a lot about it: over a million comments supporting the rule were delivered to EPA last week.

But this is DC, so not everyone is thrilled. Scott Segal, a lobbyist at Bracewell & Giuliani, will be testifying on behalf of coal interests at the EPA hearing. When lobbying against clean air rules like the carbon pollution standard or mercury air toxics standard, Segal likes to use the title of director of the "Electric Reliability Coordinating Council" (ERCC); I suppose it sounds better than coal lobbyist. But what exactly is the ERCC? When he wrote a letter requesting a meeting about the carbon pollution rule with the Office of Management and Budget (OMB), Segal claimed that "ERCC is a group of power-generating companies." But OMB meeting records reveal that the only lobbyist that joined ERCC for that meeting was Arch Coal's Vice President of Government Affairs, Tom Altmeyer.

Arch Coal, of course, is not a power-generating company, but rather the second largest coal mining company in the US, and one increasingly focused on exporting US coal to foreign markets. Burning coal is a major source of carbon pollution, so it's no surprise that Arch is lobbying against rules that will help move us away from their dangerous product. But what about utility companies like Duke Energy, a known member company of ERCC? Does it secretly support ERCC's misleading attacks on clean air rules that will protect their ratepayers from mercury and carbon pollution, while encouraging investment in cleaner sources of electricity?

This is not the first time, after all, that ERCC's lobbying appears out of step with its member companies' public positions. Last year Greenpeace sent Duke CEO Jim Rogers a letter asking if Duke was a member of ERCC, and whether the company supported the ERCC's efforts to delay and weaken the mercury rule. In response, a spokesman for the company told the Charlotte Business Journal that Duke is a member of ERCC, “But, as with many organizations we are affiliated with, we don’t agree with them on every issue.”

Segal has avoided revealing the full list of ERCC member companies. When challenged in a debate by John Walke of NRDC to disclose ERCC's full list of member companies, Segal declined after naming just four companies: Southern Company, Duke Energy, Progress Energy, and EFH (Energy Future Holdings, which owns Luminant) - but made no mention of Arch Coal. Indeed, Segal and other lobbyists at Bracewell & Giuliani like Jeff Holmstead have used ERCC for more than a decade to obscure which coal mining companies and utilities are behind their efforts to weaken and delay clean air rules.

A New York Times article about the creation of ERCC in 2001 describes it as "a consortium of power companies that is so new that its spokesman could not name the 8 to 10 companies he said have joined so far." Right.. well, now that it has been over a decade, we'll see if Segal is able to recall - and willing to reveal - which companies are behind his efforts to weaken and delay clean air protections that will save thousands of American lives. In the meantime, public officials and reporters would be wise to question whose interests Scott Segal and Jeff Holmstead represent.

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Polluter Harmony: A Humorous Glace at Holmstead and Murkowski's Dirty Relationship

  • Posted on: 30 September 2010
  • By: Connor Gibson

Polluter Harmony Ad: Jeff's Story

PolluterWatch presents "Jeff's Story," based off of the real-life work of Lisa Murkowski and Jeffrey Holmstead to gut the Clean Air Act, which appears to be Holmstead's lifelong goal. 

For more, check out Jeffrey Holmstead's profile.

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PolluterWatch 'Dirty Air Act' Ads Coming to a Google Search Near You

  • Posted on: 21 January 2010
  • By: admin

This morning PolluterWatch launched two new Google ads aimed at educating Americans about the Lisa Murkowki's relationship with Bush cronies and polluter lobbyists Jeffrey Holmstead and Roger Martella. The ads highlight Holmstead and Martella's near-admission that they wrote the legislation for Murkowski (before they backpedaled) and the curiously timed donations made by two of Holmstead's polluter clients to Murkowski's campaign fund in the midst of the amendment's preparation.

PolluterWatch was founded to shed light on the dirty industry propagandists and influence peddlers who are using every trick in the book to stand in the way of efforts to fight global warming, develop new clean energy technologies and create sustainable American jobs. As long as Murkowski, Holmstead, Martella, and other polluter hacks continue to endanger our clean energy future we will continue to educate Americans about their methods and their "corporate sponsored" motivations.

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Live from the Sewer: Maisano Smells the Roses

  • Posted on: 21 January 2010
  • By: admin

If you don’t have the pleasure of reading the periodical missives from Bracewell & Giuliani polluter hack Frank Maisano, you are really missing something. This week’s installment contained the usual spin and terrible jokes but also a special defense of his friend and colleague Jeffrey Holmstead. What for, you ask? Well if you listen to Maisano explain it, Holmstead was simply offering “legislative support activities,” including “writing an amendment to prevent funding,” which he says, is “not rocket science.”

Maisano's full explanation follows:

As well, for those of you still paying attention to the legislative support activities of my friend Jeff Holmstead, let me just suggest that we put this to rest. For one, writing an amendment to prevent funding is not rocket science and it has been done a million times. Secondly, understanding the implications on the CAA of such a move is something you probably ought to ask – oh, I don't know – clean air act experts. And finally, does anybody really believe the enviro community wasn't consulted by Sens. Kerry and Boxer as they wrote their 900-plus page LEGISLATION. As for the calls for ethics investigations and donation returns, it is just a political "talking point" for enviros attempting to rally against Murkowski's reasonably popular idea to limit the regulation of CO2 by EPA. By the way as my colleague Scott Segal points out below, enviros donate 94% to Democrats, while utilities are pretty much split (51R-49 D).

A few interesting things from Maisano's take on this issue:

  • Is Maisano admitting what Murkowski, Holmstead and Martella have repeatedly denied, that the lobbyists wrote the legislation themselves, as has been done "a million times?" And if it isn't rocket science, why wasn't Murkowski capable of doing it herself? Do Alaskans even need a Senator if any coal lobbyist off the street can walk in and write legislation?
  • Calling Holmstead and Martella "Clean Air Act experts" is like praising demolition men for their understanding of building architecture. Sure they understand the Clean Air Act, but only because they have spent years helping Bush and now coal and oil tycoons undermine and circumvent that law. The larger question of course is did Murkowski ask them, or did they ask her to submit the legislation on behalf of her largest contributors?
  • Finally, equating Murkowski, Holmstead and Martella's actions with those of the environmental community or any other ethical lobbyists is disingenuous to say the least. Advising a member of Congress of your constituency's opinion on a particular piece of legislation is an act far apart from writing the legislation yourself, hosting conference calls at a Senator's invitation to solicit support for the legislation and directing your clients to donate to that Senator's campaign as the legislation is being finalized. Frank Maisano makes an admirable attempt to make up for his friends' actions on the Murkowski amendment but his spin simply falls short.

The truth in Maisano's missive is that this activity is very likely commonplace. It is not difficult to believe that this is the first time that Holmstead and Martella have crafted legislation on behalf of a polluting client to be introduced by a cooperative member of Congress. Such is life in the sewer of American politics that dirty industry lobbyists can push legislation through a friendly Senator by simply contributing to her campaign. Unfortunately for Maisano, he's been swimming in that sewer for so long he doesn't seem to know how badly it stinks.

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Lisa Murkowski and the Holmstead-Martella Dirty Air Act

  • Posted on: 20 January 2010
  • By: admin

Senator Lisa Murkowski (R-Alaska) has received a lot of negative attention recently for her plans to introduce an amendment written by two lobbyists for the polluter industry and former Bush administration officials to benefit their clients and block the Environmental Protection Agency from regulating greenhouse gasses from coal plants and other dirty sources.

Several organizations, including PolluterWatch, Greenpeace and the Center for Responsibility and Ethics in Washington, exposed Murkowski's relationship with these polluter lobbyists and unveiled a history of corporate campaign cash being steered from Holmstead's and Martella's client pool Murkowski and several other Senators who are either supporting the legislation or considering jumping on board soon. PolluterWatch is still awaiting a response to our request that the Senate Ethics Committee open an investigation into the inappropriate role that these lobbyists played in drafting this legislation.

Murkowski is expected to announce today whether to go full steam ahead with her lobbyist-written Dirty Air Act or swap it out for some other way of expressing her gratitude to coal and oil companies for helping her do her job and of course for the campaign cash. Please call Lisa Murkowski today at 202-224-6665, and tell her to dump the Dirty Air Act and get to work on legislation that will create new, clean energy jobs for Americans who want to secure our nation and get our economy back on track.

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