resolution

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.

 
 
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ALEC EXPOSED: Polluter Front Group's Dirty Secrets Revealed

  • Posted on: 18 July 2011
  • By: Connor Gibson

Crossposted from Greenpeace USA.

As revealed by The Nation and hosted by the Center for Media and Democracy’s new ALEC Exposed website, today marks a breakthrough in democratic transparency with the release of over 800 internal documents created by the American Legislative Exchange Council, or ALEC.

Who is ALEC?

Greenpeace has tracked the American Legislative Exchange Council and its role in the climate denial machine, along with the money it receives from polluters including Koch Industries and ExxonMobil to peddle doubt over established conclusions of climate scientists. Check out some of ALEC’s climate denier deeds at ExxonSecrets.


ALEC links state legislators with some of corporate America's largest and most dubious players—Exxon, Koch, coal giant Peabody Energy, and Reynolds Tobacco for example—to create model state legislation. State legislators who pay a small fee to become ALEC members are granted access to a large pool of draft bills and resolutions created by representatives of the corporate giants who finance ALEC, some of which also help govern the organization. ALEC creates a cover for state legislators who ultimately benefit from ALEC’s corporate supporters without having to disclose who pays for the corporate-handout policies they push in state houses across the country.

The Nation's John Nichols explains the ALEC agenda:

"ALEC's model legislation reflects long-term goals: downsizing government, removing regulations on corporations and making it harder to hold the economically and politically powerful to account. Corporate donors retain veto power over the language, which is developed by the secretive task forces. The task forces cover issues from education to health policy. ALEC's priorities for the 2011 session included bills to privatize education, break unions, deregulate major industries, pass voter ID laws and more. In states across the country they succeeded, with stacks of new laws signed by GOP governors like Ohio's John Kasich and Wisconsin’s Scott Walker, both ALEC alums."

ALEC's Dirty Assault on Environmental Causes

ALEC has long served corporate polluters in attacking or preempting environmental protections through state laws. A revealing article in Grist linked legislative repeals from the Regional Greenhouse Gas Initiative (RGGI) to ALEC's draft legislation, offering polluters like Koch Industries another avenue of attack to bolster the work of other front groups, including Americans for Prosperity's pressure on states participating in RGGI. Center for Media and Democracy Executive Director Lisa Graves and The Nation have more details on the connection between Koch Industries and ALEC.

The over 800 internal documents revealed at ALEC Exposed brings other laws drafted by and for corporate polluters to light. Examples include:

• A 2010 resolution [PDF] resisting long-overdue EPA classification of coal ash as hazardous material. Coal ash is a leftover product from burning coal containing neurotoxins, carcinogens and radioactive elements—not the type of material that should be less regulated than household garbage (as it currently is).
 
• A 2009 resolution to dodge federal oversight of hydraulic fracturing [PDF] for natural gas by promoting state-level regulation of hydrofracking. New York Times reporting has shown state fracking regulations are notably insufficient. Currently, the private sector chairs of ALEC's Energy, Environment and Agriculture Task Force are Tom Moskitis of the American Gas Association and Martin Schultz, a lobbyist for a large firm representing dozens of corporate heavyweights including the U.S. Chamber of Commerce, Warren Buffet's Berkshire Hathaway and oil supermajor ConocoPhillips.
 
• A 2008 resolution [PDF] to challenge the federal offshore drilling moratorium, which ignores the reality that offshore drilling won’t reduce gas prices. ALEC’s [Exxon-funded] language uses the American taxpayer as an excuse to push for more dangerous offshore drilling even as giant oil companies like Exxon take billions in taxpayer subsidies and make record profits. Currently, the private sector chair of ALEC's Civil Justice task force (which adopted the resolution) is Victor Schwartz of Shook, Hardy & Bacon, a law firm representing Peabody and the U.S. Chamber of Commerce.
 

The range of ALEC's model legislation provides a historical record of the most aggressive efforts to combat environmental protection. A resolution from 1998 getting states to oppose the Kyoto protocol [PDF] apparently passed in ten states and was introduced or passed by one legislative chamber in another ten states, according to an ALEC speech transcript. A resolution from 2002 shows ALEC’s role in early efforts to hijack chemical security legislation. After the U.S. Senate adopted a bill (S.1602) in July, 2002 that would have conditionally required the use of safer processes at high risk chemical plants, ALEC fought back, approving a Resolution in Opposition to S. 1602 [PDF] a month later. That fall, the chemical security bill fell on its face.

More to Come...

Greenpeace is continuing to research the contents of ALEC's documents. ALEC's template environmental bills repeatedly attack clean energy, push the most dangerous and dirty fossil fuel developments and try to roll back safeguards that reduce pollution. We will continue to update you on what we find.

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