lobbyist

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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GREENPEACE REPORT: Climate Change Denial Machine vs. Scientists

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

Written by Cindy Baxter, crossposted from Greenpeace: Dealing in Doubt.

Who likes being lied to by people paid by the oil industry who pose as “experts” on climate change?

Did you know it’s been going on for 25 years?

In a couple of weeks, the UN’s official advisors on climate change science, the Intergovernmental Panel on Climate Change (IPCC) will update its global assessment on the issue. Yet in the background, more attacks on the climate science are underway

For the last quarter century, the climate science denial machine, its cogs oiled by fossil fuel money, has been attacking climate science, climate scientists and every official US report on climate change, along with State and local efforts – with the aim of undermining action on climate change.

Our new report, Dealing in Doubt, sets out the history of these attacks going back to the early 90s. These are attacks based on anti-regulatory, so called “free market” ideology, not legitimate scientific debate, using a wide range of dirty tricks: from faked science, attacks on scientists, fake credentials, cherry-picking scientific conclusions: a campaign based on the old tobacco industry mantra: “doubt is our product”.

We give special attention to perhaps today’s poster child of the climate denial machine’s free market think tanks, the Heartland Institute, which is about to launch a new version of its “NIPCC” or “climate change reconsidered” report next week in Chicago.

Unlike the real IPCC, with thousands of scientists involved from around the world, the Heartland Institute’s handful of authors is paid. Several of them claim fake scientific credentials. They start with a premise of proving the overwhelming consensus on climate science wrong, whereas the real IPCC simply summarizes the best science to date on climate change.

This multi-million dollar campaign has been funded by anti-government ideologues like the Koch brothers, companies like ExxonMobil and trade associations like the American Petroleum Institute.Big Oil funding of climate denial declines. "Anonymous" funding through Donors skyrockets. Interesting.

More recently, less visible channels of funding have been revealed such as the Donors Capital Fund and Donors Trust, organization that that has been called the “ATM of the conservative movement”, distributing funds from those who don’t want to be publicly associated with the anti-environmental work product of organizations like the Heartland Institute.

In the last week we’ve seen new peer-reviewed science published, linking at least half of 2012’s extreme weather events to a human carbon footprint in the atmosphere and on the weather and climate.

As the scientific consensus strengthens by the day that climate change is happening now, that carbon pollution is causing it and must be regulated, the denial machine is getting increasingly shrill. But today, while they are being increasingly ignored by a majority of the public, their mouthpieces in the US House of Representatives, for instance, have increased in number.

They’re still fighting the science – and they’re still being funded, to the tune of millions of dollars each year, to do it.

Dealing in Doubt sets out a history of these attacks. We show how the tactics of the tobacco industry’s campaign for “sound science” led to the formation of front groups who, as they lost the battle to deny smoking’s health hazards and keep warning labels off of cigarettes, turned their argumentative skills to the denial of climate change science in order to slow government action.

koch brosWhat we don’t cover is the fact that these organizations and deniers are also working on another front, attacking solutions to climate change. They go after any form of government incentive to promote renewable energy, while cheering for coal, fracking and the Keystone pipeline.

They attack any piece of legislation the US EPA puts forward to curb pollution. Decrying President Obama’s “war on coal” is a common drumbeat of these anti-regulation groups. One key member of the denial machine, astrophysicist Willie Soon from the Smithsonian Institute for Astrophysics, has portrayed himself as an “expert” on mercury and public health in order to attack legislation curbing mercury emissions from coal plants.

This recent history, as well as the prior history of denial by the tobacco companies and chemical, asbestos and other manufacturing industries, is important to remember because the fossil fuel industry has never admitted that it was misguided or wrong in its early efforts to delay the policy reaction to the climate crisis. To this day, it continues to obstruct solutions.

The individuals, organizations and corporate interests who comprise the ‘climate denial machine’ have caused harm and have slowed our response time. As a result, we will all ultimately pay a much higher cost as we deal with the impacts, both economic and ecological.

Eventually, these interests will be held accountable for their actions.

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How ALEC and Exxon Secretly Fracked North Carolina

  • Posted on: 17 July 2013
  • By: Connor Gibson

Former EPA Administrator Michael Leavitt speaks at an ALEC event sponsored by ExxonMobil, among other dirty energy interests and Fortune 500 companies. (AP Photo/Elaine Thompson through Bill Moyers.com)

Remember that controversial law last year, legalizing fracking in North Carolina after being vetoed by the state's governor? The law bears tell-tale signs of being written by the American Legislative Exchange Council (ALEC), a corporate front group with ties to the fracking industry.

Like the Exxon-backed fracking loopholes in Ohio and numerous other states, the new North Carolina law contains the same "trade secrets" provisions that ensure the public will not have the right to know which chemicals gas frackers are pumping underground to retrieve shale oil and gas. The "trade secrets" provisions are key to ALEC's model bill in order to allow Exxon, Shell, Duke Energy and other ALEC member companies to more quickly extract, pipe and burn gas without having to bother with pesky transparency laws.

Here's a list of NC ALEC legislators who co-sponsored the bill legalizing fracking: S820 or HB1052 -- the so-called "Clean Energy and Economic Security Act"

  • Sen. Tom Apodaca
  • Sen. David Rouzer -- member of ALEC's Energy, Environment and Agriculture task force, which created the frack fluid disclosure loophole bill with internal sponsorship by ExxonMobil.
  • Rep. Mike Hager
  • Rep. Tim Moffitt
  • Rep. Fred Steen -- ALEC's State Chairman in NC

Rep. Fred Steen co-sponsored the House version of the so-called "Clean Energy and Economic Security Act." Steen was ALEC's State Chair in North Carolina, and his job is to ensure ALEC models are introduced and, ideally for ALEC, passed. Rep. Steen was the only state legislator serving as State Chair in North Carolina (other states often have multiple legislators serving as co-chairs), and according to ALEC's tax forms, his position implies the following responsibilities (emphasis mine):

State Chairmen duties shall include recruiting new members, working to ensure introduction of model legislation, suggesting task force membership, establishing state steering committees, planning issue events, and working with the Private Enterprise State Chairman to raise and oversee expenditures of legislative 'scholarship' funds.

As ALEC's state chairman in NC at the time of this vote, Rep. Steen appointed a "Private Sector Co-Chairman" to help oversee ALEC activity in NC. In this case, Rep. Steen worked with North Dakota lobbyist Joel Gilbertson, who represents clients like AIG, PhRMA, and Crop Life America (a front group for pesticide and chemical fertilizer interests). Rep. Steen was listed on ALEC's website as its State Chairman since at least late 2008, suggesting that he has been re-appointed to that position at least once--a term lasts two years.

Ironically, co-sponsoring Rep. Mike Hager has been asked about his role in ALEC before, telling the Charlotte Business Journal that, "I'm not a big fan of model legislation." Apparently, keeping toxic chemicals secret from constituents is something Rep. Hager is a big fan of, in which case ALEC models are pretty useful. Rep. Hager has received $15,500 from oil, gas and electric utility interests in this election cycle, on top of $3,250 from his first successful election bid in 2010. One of the utilities donating to Rep. Hager is Duke Energy, his former employer, which operates natural gas pipelines that deliver to over 500,000 customers and is expanding gas generation at its power plants.

North Carolina's fracking loophole law has drawn attention from around the country, including a statement of support from Republican presidential candidate Mitt Romney. The new NC law barely overturned a veto by former Gov. Beverly Perdue, in a heartbreaking twist involving one Democratic legislator being bought out at the last minute and another accidentally voting in favor of the bill and refused the opportunity to correct her vote, something that is commonly acceptable when such a mistake is made. The Charlotte Observer explains:

Rep. Becky Carney, a Democrat from Mecklenburg County who opposes fracking, pushed the wrong button and accidentally voted with Republicans to override the veto. A maneuver by Wake County Republican Paul “Skip” Stam prevented her from changing her vote, giving the GOP a historic one-vote margin of victory. "It was a huge mistake,” Carney said afterward. “I take full responsibility.” Democrats denounced Stam’s quick parliamentary maneuver as a dirty trick that resulted in the passage of a landmark energy overhaul that could create a natural gas production industry in the state. [...] Carney said it was the first time in her 10-year legislative career that she pushed the wrong button on a vote. Mistaken votes are not uncommon and letting lawmakers change their votes is routine practice in the state legislature.

This local news clip posted by the Voter's Legislative Transparency Project, which tracks ALEC activity in North Carolina, includes more on Rep. Carney's error:

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Keystone Academy: Where Legislators Learn the Etiquette of Serving Special Interests

  • Posted on: 2 July 2013
  • By: Connor Gibson

2012 ALEC Academy attendees. Photo via twitter

Written by Nick Surgey, crossposted with permission from PR Watch.

In October 2012, nine U.S. state legislators went on an industry paid trip to explore the Alberta tar sands. Publicly described as an "ALEC Academy," documents obtained by CMD show the legislators were accompanied on a chartered flight by a gaggle of oil-industry lobbyists, were served lunch by Shell Oil, dinner by the Canadian Association of Petroleum Producers, and that the expenses of the trip were paid for by TransCanada and other corporations and groups with a direct financial interest in the Alberta tar sands and the proposed Keystone XL (KXL) pipeline.

Among the nine legislators on the tour was the new ALEC national chairman, Representative John Piscopo from Connecticut, and Senator Jim Smith from Nebraska who has sponsored legislation in his state to speed up the building of the Nebraska segment of KXL. Email records obtained by CMD show that after the trip, legislators were asked by ALEC to send “thank you notes” to the lobbyists for their generosity in Alberta.

Far better than a mere "thank you," Rep. John Adams from Ohio returned from the trip and sponsored a bill given to him by a TransCanada lobbyist calling for the approval of KXL. As previously reported by CMD, similar legislation, reflecting both an ALEC “model” bill and language taken from a TransCanada set of talking points, has been introduced in seven states in 2013.

The tar sands of Alberta are estimated to be the third largest reserve of crude oil on the planet. But the process of turning the tar-like bitumen into a refined product that can be used as fuel is extremely energy intensive and highly polluting. The former NASA scientist James Hansen, warned that the extraction and use of Canadian tar sands would mean "game over" for the climate. TransCanada is the operator of the proposed KXL pipeline, which would carry the tar sands to Texas for processing and likely for exports to markets abroad.

In Private Jets and "Petroleum Club" Dinners, U.S Politicians Get the Dirt on Canadian Tar Sands

Officially, ALEC organized the Alberta tour as an "ALEC Academy." In ALEC’s description of corporate sponsorship opportunities, this type of event is described as being "an intensive, two--day program for legislators that focus on a specific area of policy." It comes with an $80,000 fee to sponsor. Unofficially however, and made clear to legislators on the trip in emails from ALEC obtained by CMD, the expenses were paid for by lobbyists from the oil-industry and by the government of Alberta. In an email sent to Ohio representative John Adams ahead of the trip, ALEC staffer Karla Jones reassured participants that all transportation, accommodation costs and meals would be paid for.

According to a copy of the trip itinerary obtained via a public records request, legislators flew into Alberta on Tuesday October 16, 2012, and were met by TransCanada lobbyists who took them on a tour of their facilities in Calgary.

TransCanada, which is a member of ALEC, sponsored ALEC’s Spring Task Force Summit in Oklahoma City in May 2013, alongside other corporations with tar sands interests including BP, Devon Energy and Koch Industries. TransCanada’s Vice President Corey Goulet presented to legislators at the conference during a session called "Embracing American Energy Opportunities."

Dinner on the first night was at the up-market Ruth’s Chris Steakhouse in downtown Calgary, paid for by American Fuel and Petrochemical Manufacturers (AFPM). The dinner included a presentation to the captive audience of lawmakers from AFPM about Low-Carbon Fuel Standards (LCFS), a mechanism designed to reduce the carbon intensity of transportation fuels. As CMD has reported recently, LCFS is considered a real threat to the tar sands industry, because it might restrict the U.S. market for fuels derived from the tar sands. AFPM, which has funded one of the other groups on the tour – the Consumer Energy Alliance (CEA) – to work to oppose LCFS legislation, would successfully sponsor an ALEC "model" bill on this issue just weeks after the trip, called "Restrictions on Participation in Low-Carbon Fuel Standards Programs."

On Wednesday morning, after breakfast at the hotel, legislators were taken to the airport where a private charted plane was waiting to fly them around a number of different tar sands operations. Accompanying the legislators and ALEC staffer Karla Jones, were lobbyists from AFPM, TransCanada, Devon Energy, CEA, Shell Oil, and the Government of Alberta. The flight was chartered by the Alberta Government, at a cost of $22,000, with the costs split evenly between them and another unknown entity.

During the day, legislators toured facilities owned by Shell – which also provided lunch – and Devon Energy, where they viewed the massive "Jackfish" tar sands projects. At these facilities, Devon utilizes Steam Assisted Gravity Drainage (SAGD), an energy intensive process that injects steam into the dirty bitumen to access otherwise inaccessible deposits too deep for mining. This process is expected to open up further areas of Alberta for tar sands extraction, including by Koch Industries subsidiary Koch Exploration Canada which has a pending permit request in Alberta to utilize SAGD.

Dinner on Wednesday night was served at the Petroleum Club, sponsored by the Canadian Association of Petroleum Producers. On the Thursday morning, just before their return flight, legislators did have a brief meeting with a representative from the Pembina Institute, an Alberta environmental group that calls for responsible exploitation of the tar sands. According to the ALEC trip itinerary, this was to "provide the opposing point of view."

Although Pembina does represent a different view from those that want completely unrestrained extraction of the tar sands, the group is not representative of those that oppose tar sands extraction. There are plenty of organizations that could have provided alternative viewpoints, particularly first nation tribes who are campaigning vigorously on this issue, but perhaps unsurprisingly they were not included. Even Pembina’s - somewhat limited - opposing voice was not wanted during the tour of the oil sands facilities, and they were not invited to the lobbyist-sponsored dinners.

ALEC as Emily Post

A month after the trip, the Director of International and Federal Relations at ALEC, Karla Jones, sent participants an email helpfully reminding them of what each industry lobbyist had paid for on the tour. CMD obtained a copy of that communication via a public records request, which included a spreadsheet containing the names, telephone numbers and mailing addresses of each of the lobbyists on the trip. The ALEC email also prompted legislators to send each of the sponsoring corporations a "thank you note."

The phenomenon of ALEC legislators sending such letters to lobbyists is something CMD has previously reported on. Ohio Rep. Adams, for example, sent at least a dozen letters to corporate lobbyists in 2010, thanking them for writing checks to the ALEC scholarship fund, which paid his and his colleagues way to an ALEC conference.

"Because of your help and others like you, the trip to ALEC was made possible for our legislators," Adams wrote to AT&T lobbyist Bob Blazer.

“Rather than sending thank you notes to their corporate lobbyist sponsors, these legislators should instead consider an apology to their constituents,” Stephen Spaulding, Staff Counsel for the good government group Common Cause told CMD. "I doubt lobbyists want thank you notes in return for bankrolling legislators' international vacations – they would rather a bright, shiny souvenir in the form of corporate-drafted legislation."

Better Than a Thank You Note, Payback in Ohio

After the trip to Alberta, Rep. Adams, the Assistant Majority Floor Leader and Ohio ALEC state chair, led the calls in Ohio for the approval of the KXL pipeline, sponsoring a bill (HCR 9) and talking publicly about the proposed pipeline. "It is of the upmost importance that we strongly urge the U.S. government to take the necessary steps towards operation of the Keystone Pipeline," Adams wrote in March 2013 while promoting his bill. Rep. Rosenberger, the other Ohio legislator on the ALEC trip to Alberta, accordingly co-sponsored the Adams bill.

According to documents CMD obtained from public record requests in Ohio, a draft bill was sent to Adams on January 23, from Steve Dimon of 21 Consulting LLC, who represents TransCanada. The bill was sent as an attachment to the Dimon email.

The email message itself simply read, "Thank you so much!"

Dimon stayed in touch with Adams' office over the proceeding months, providing his staff with further materials about Keystone XL, including a set of talking points stamped with the TransCanada logo.

By February 14, Adams had an updated draft that had been reviewed by the Ohio legislative service commission, the non-partisan body that assists legislators with drafting legislation. Adams staffer Ryan Crawford sent this language to Rob Eshenbaugh, a lobbyist with Ohio Petroleum Council, the state affiliate of the American Petroleum Institute. "Please let me know if I can be of further assistance," Crawford wrote to the lobbyist. Eshenbaugh responded with some requested changes, which Crawford then incorporated into the bill.

All this occurred prior to Adams sharing the bill with his fellow legislators, which didn't happen until February 20. Adams finally introduced his bill in the Ohio Assembly on March 9, without any public statement about his involvement with the ALEC Academy or that the source of the bill was a tar sands lobbyist.

The route of the proposed KXL pipeline takes it through Montana, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. This is a long way from Ohio, but the debate over the KXL project has become a national issue. The ALEC Academy, and subsequent lobbying from the oil-industry, demonstrates that TransCanada sees value in developing a list of states supportive of the project to influence the federal debate over KXL approval.

The precise details of the ALEC tour, including the trip being part-sponsored by TransCanada, are not mentioned in Adams’ financial disclosures, which only reports his expenses as being from ALEC and the Alberta Government. Adams is not breaking the law here. This is because of the way ALEC works to fund legislator travel. Its scholarship system allows corporations to “sponsor” legislator’s expenses, which are then simply disclosed as being a payment from "ALEC" and not from the sponsoring corporations or groups. CMD documented the ALEC scholarship fund in a 2012 report released jointly with Common Cause: "How the American Legislative Exchange Council Uses Corporate-Funded “Scholarships” to Send Lawmakers on Trips with Corporate Lobbyists."

Graduates of the Keystone Academy appear to be learning a lot about how ALEC works behind the scenes to promote special interest legislation while keeping the public entirely in the dark.

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Koch & Exxon-funded scientist challenged by students at climate denial event (VIDEO)

  • Posted on: 9 April 2013
  • By: Connor Gibson

Rarely do we meet those who have made careers selling us lies. Consider the oddball doctors who took tobacco money to deny a link between cigarette smoking and cancer, or the handful of scientists who take oil and coal money to discredit global warming science, or the people who have done both.

Last week, students in Wisconsin and Michigan stepped up to such an opportunity when CFACT Campus, the student arm of a well-known cabal of fossil fuel apologists, hosted climate change denier Willie Soon at several campus events around the country.

Dr. Willie Soon is a Smithsonian Institution astrophysicist paid by Charles Koch, ExxonMobil, the American Petroleum Institute and coal utility Southern Company to write papers dismissing climate change, publish op-eds saying coal pollution won't affect our health, refute the seriousness of ocean acidification, and apparently anything else he can be paid to deny. Dr. Soon has misrepresented himself by repeatedly claiming affiliation with Harvard University and using his credentials as an astrophysicist to make people believe he's a climate expert, and he shows no sign of stopping. Indeed, he told students in Madison, "I am as as qualified as anyone on the planet on this topic."

In both Madison, Wisconsin and East Lansing, Michigan, Dr. Soon was caught with his pants down. As the Michigan State News documented in its article and accompanying audio interview, Soon claims that all the scientists around the world who study and recognize the seriousness of climate change are motivated by money, yet somehow his funding from coal and oil companies for his extremely marginalized viewpoints doesn't matter.

Here is the dialog with Willie Soon at the University of Wisconsin, Madison, with direct links to key clips below:

1) Willie Soon insinuates ExxonMobil will no longer fund him (emphasis added): 

"I have been receiving money from whoever that wants to give me money. I write my scientific proposal. I have received money from ExxonMobil, but ExxonMobil will no longer give me any money for a long time. American Petroleum Institute, anything you wish for, from Southern Company, from all these companies. I write proposal and let them judge whether they will fund me or not, always for a very small amount. If they choose to fund me, I'm happy to receive it." Click to watch (starts @ 1:52).

2) Dr. Soon stands behind his attempts to discredit the Intergovernmental Panel on Climate Change with help from ExxonMobil lobbyists: 

"I was trying to bring down IPCC--is that what you imply?! [...] Let it be known that I do not like IPCC, because IPCC does not stand for science, it is corrupting science." Click to watch (starts @ 3:32).

After a question referencing emails with ExxonMobil lobbyists to undermine climate research at the United Nations before it even hit publication, Dr. Soon quickly loses his cool over his record of global warming denial, peppering the student with mild insults before owning up to his actions.

3) Dr. Soon thanks anyone who uses petroleum products or electricity from coal for supporting his work:

"I really want to thank her, because she's receiving the electricity used for her house, she's driving cars, she's doing all of these things because you are funding me. It's not an oil or coal company. They are a company that provides a service to humanity--to people who want to use electricity." Click to watch (starts @ 5:14)

Anyone looking at Southern Company's record of pollution and political interference would be skeptical about its commitment to serve humanity. Soon continues with an aggressive rant claiming that the student isn't qualified to question his fossil fuel payments until she stops driving, using electricity, and wearing nylon. 

4) Willie Soon states "I don't like to claim that I am an expert on anything," despite listing himself as an "expert in mercury and public health" for a discredited Wall Street Journal op-ed dismissing health concerns over mercury pollution from coal plants. Soon invented similar credentials for another opinion piece in the Washington Times, before he swapped back to being a 22-year veteran of "researching the relationship of solar radiation and the Earth's climate," research Dr. Soon did on the dime of oil and coal companies.

Basically, Willie Soon is an expert in whatever problems vested industries will pay him to deny. Michigan State students note how Willie Soon now refutes research indicating adverse impacts from ocean acidification, a global crisis that is married to climate change (both problems stem from humans burning fossil fuels and releasing carbon dioxide into the atmosphere).

That's effed up. This man makes a career lying to the public, not to mention our lawmakers, about some of the most serious issues of our time. Climate change is already contributing to the deaths of 400,000 people each year and costing global GDP about $1.2 trillion, according to a report commissioned by multiple nations. 98% of actual climate scientists (a distinction Dr. Willie Soon does not earn) agree that global warming is real and primarily drive by humans burning fossil fuels like coal and oil.

Not only has Dr. Soon lied to us and our lawmakers about the seriousness of global warming--he even lied directly to Congress in 2003 about his sources of funding at a time when he was promoting his study funded by the American Petroleum Institute, the $200 million/year oil and gas lobbying group. The Guardian wrote last year:

"In 2003 Soon said at a US senate hearing that he had "not knowingly been hired by, nor employed by, nor received grants from any organisation that had taken advocacy positions with respect to the Kyoto Protocol or the UN Framework Convention on Climate Change."

This is why it's crucial to demand accountability of people like Willie SoonHe is a public relations tool of oil and coal companies, and as a scientist attempting to publish in fields well outside of his expertise, that oil and coal money is crucial to recognize.

Here are some of the best examples of Soon's pseudo-science paid for by Big Oil and King Coal:

Dr. Soon's work is like a joke, but not the type you'd laugh at. While he cracks these fossil-funded zingers, reputable scientists warn that humanity is running out of time to stop climate change from self-reinforcing to the point that it spirals out of human control. As quoted by the Michigan State News, young conservatives on campus had trouble taking Dr. Willie Soon's presentation seriously:

“I’m not a science major, but I think (Soon’s presentation) has got valid points, but also other scientists who disagree with him have valid points,” Sobecki said. “I’m not crazy enough to think that six billion people don’t have an effect on climate in the world we live in.”

Science majors attending the MSU event didn't agree that Soon's points were particularly valid. See this account from a MSU Greenpeace student activist on PolluterWatch for more details.

Industry: 

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.

API's Jack Gerard Refuses to Answer Activists on Vote 4 Energy Advertising Costs

  • Posted on: 7 March 2012
  • By: Connor Gibson

Referees call foul on Big Oil Lies

Jack Gerard won't reveal how much API spends on the "Vote 4 Energy" ad campaign

We'll get to the encounter with Mr. Gerard below, but first, some context:

Gas prices! Everyone's talking about them, including our government at a Congressional hearing today held by the House of Representatives Energy & Power Subcommittee featuring, among others, Mr. Jack Gerard of the American Petroleum Institute. As API's president, Jack Gerard is Big Oil's top lobbyist, and today he was doing what companies like Exxon and Shell pay him the big bucks to do - justify government subsidies and giveaways to Big Oil.
 
Also attending the hearing: referees raising the red flags on misleading statements and calling attention to the $5.97 million that oil companies have given to current members of the Energy & Power subcommittee since 1999 (data provided by the Center for Responsive politics through DirtyEnergyMoney).

This particular meeting of the subcommittee exposed some of the more blatant absurdities that API and their oil funded buddies in Congress like to propagate. Take gas prices - Jack Gerard likes to say "we need more American energy," by which he means we need to open up every square inch of soil and water to oil and gas extraction. His argument is that gas prices would be lower if we sacrificed our land and investment capital to Big Oil's drill.

Luckily Congressman Edward Markey was there to point out how ridiculous it is to assume anything extracted by multinational oil corporations is "American." Once multinationals like BP and Exxon get oil from American sources, it becomes their oil, to sell on the open world market for the best price. The fact is, letting companies drill for oil on American soil won't result in any drop in price at the gas pump because the amount of oil American sources would produce is miniscule in comparison to the amount consumed globally. Allowing companies like Shell to drill off Alaskan shores or in other high-risk ways wouldn't save American consumers a dime, but would add many millions of dollars to Shell's bottom line. Gerard's refusal to acknowledge this belies a truth about API that he doesn't want the public to know - the American Petroleum Institute does not want to lower gas prices for Americans, API wants to increase the political power and profits of their member organizations.

That's why Rep. Markey suggested some more appropriate labels for Gerard's group than the American Petroleum Institute; like the "World Petroleum Institute" due to multinational members like BP and Shell who will sell oil from America to the highest bidder,  the "Wall Street Petroleum Institute" because Gerard and API refuse to acknowledge the role speculation plays in driving up oil prices, or the "Caymen Islands Institute", because of API's dedicated defense of tax breaks, subsidies, and other loopholes which keep oil corporations from paying their fair share.

If Gerard meant it when he said "The more transparent the discussion, the better off we'll be," he would take one of Rep. Markey's suggestions. That way the American public would know that API's attacks blaming the president for high gas prices, repeated lies about Keystone XL's affect on gas prices, or blocking rules to protect air and water from the dangers of fracking are all part of an extensive dirty energy PR campaign.
 
Short of re-branding his organization, Jack could at least be transparent about the amount of oil industry money he is using to influence elections through the Vote 4 Energy ad campaign. The Vote 4 Energy campaign has blanketed cable television and much of Washington DC in misleading pro-drilling, pro-fracking propaganda in an attempt to further Big Oil's political agenda by misleading voters. API wants you to vote for ExxonMobil and Shell instead of yourself.

In spite of Mr. Gerard's lip service to "transparent discussion," when we repeatedly asked him how much oil money he is using to influence the upcoming election with Vote 4 Energy propaganda, he didn't want to be part of the discussion. If Mr. Gerard is so proud of the ad campaign, why won't he talk about how much of API's $200 million budget is going toward Vote 4 Energy?

 

And if you haven't seen our own Vote 4 Energy commercial mocking API's prized public relations campaign, compare both Vote 4 Energy ads yourself.

Gerard photo credit: Houston Chronicle

Industry: 

Mock commercial undermines new Vote 4 Energy oil advertisement

  • Posted on: 4 January 2012
  • By: Connor Gibson

A Greenpeace activist hands out flyers promoting a mock Vote4Energy commercial calling attention to Big Oil's astroturf campaigns.

Today, the American Petroleum Institute unveiled its 2012 Vote 4 Energy astroturf campaign, centered around a major election-linked CNN advertising package that PolluterWatch helped expose last month with audio recordings from inside the studio. Vote 4 Energy attempts to show 'real Americans' who are 'energy voters,' meaning they are committing to vote for whichever politicians support Big Oil's dirty agenda in this election year. Typical. API also bought the back page of the A section of the Washington Post with a Vote 4 Energy ad, space that costs hundreds of thousands of dollars to normal people.

Anticipating this new misinformation campaign, PolluterWatch created a mock commercial to show how API and it's oil company members (Exxon, BP, Shell, Chevron and all the usual suspects) have to fake citizen support for the oil industry:

The American Petroleum Institute (API) is Big Oil's top lobbying firm, using a $200 million budget to push dirty energy incentives and tax handouts for oil companies into our national laws. They have been caught in the past staging rallies for their Energy Citizens astroturf campaign, as revealed by Greenpeace in a confidential API memo to oil executives. Why do they fake citizen support? Probably because Americans overwhelmingly support clean energy over dirty oil development.

Knowing that API is rolling out the astroturf on cable TV, we decided to roll out actual astroturf at the location of their press conference today, literally making attendees walk down a long astroturf 'green carpet' shrouded by Big Oil logos as they entered the event. The K St lobbyists seemed downright confused by seeing the corporate logos that are normally invisible at API events.

Inside, API CEO Jack Gerard announced the campaign and promoted dirty energy development like the Keystone XL tar sands pipeline in his "State of American Energy" address. Apparently Jack thinks he's the President of United States of Energy, I thought he was just an oil lobbyist. Reporters leaving the session spoke about how bogus the event was--same old same old from Jack.

Jack Gerard may want to trick Americans into his Vote 4 Energy nonsense, but he demonstrates the same predictable rhetoric that oil companies always use to make themselves sound somewhat responsible, when everyone knows they aren't--see our profiles for ExxonMobil, Shell, BP, Chevron and ConocoPhillips, all multi-billion dollar corporations, making record profits even in a global recession, and looking for more tax breaks and handouts. If you are watching election coverage on CNN and spot API's astroturf ad, don't buy the lie. Vote for yourself, not oil executives.

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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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