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July 28 2012

13:00

The Real Train Wreck: ALEC and "Other ALECs" Attack EPA Regulations

When business-friendly bills and resolutions spread like wildfire in statehouses nationwide calling for something as far-fetched as a halt to EPA regulations on greenhouse gas emissions, ALEC is always a safe bet for a good place to look for their origin.

In the midst of hosting its 39th Annual Meeting this week in Salt Lake City, Utah, the American Legislative Exchange Council (ALEC) is appropriately described as an ideologically conservative "corporate bill mill" by the Center for Media and Democracy, the overseer of the ALEC Exposed project. 98 percent of ALEC's funding comes from corporations, according to CMD**.

ALEC's meetings bring together corporate lobbyists and state legislators to schmooze and then vote on what it calls "model bills." Lobbyists, as CMD explains, have a "voice and a vote in shaping policy." In short, they have de facto veto power over whether the prospective bills they present at these conferences become "models" that will be distributed to the offices of politicians in statehouses nationwide.

For a concise version of how ALEC operates, see the brand new video below by Mark Fiore.

 
ALEC Rock

ALEC, though, isn't the only group singing this tune.

As it turns out, one of the "Other ALECs," or a group that operates in a similar manner to ALEC, will be hosting its conference in the immediate aftermath of ALEC's conference: the Council of State Government's (CSG) regional offshoot, the Southern Leadership Conference (SLC).

Like ALEC, CSG produces its own "model bills," which it calls "Suggested State Legislation" (SSL). SSL is enacted via an "up or down" vote manner at CSG's national meetings. This process mirrors that of its cousin ALEC, with corporate lobbyists also able to vote in closed door meetings.

Some key differences between CSG and ALEC: the former is bipartisan in nature, while the latter is Republican Party-centric; CSG has a far larger budget, due to the fact that 43 percent of its funding comes from taxpayer contributions; and CSG is not explicitly ideological in nature because it was founded as a trade association for state legislators (not as a corporate front group like ALEC, although CSG is now heavily influenced by the same forces).

SLC's annual meeting will be held in Charleston, West Virginia from July 28-31.

TruthOut's ongoing "Other ALECs Exposed" series (written by yours truly) digs deep into the machinations of "Other ALEC"-like groups.

One of the key threads tying these two particular groups together is their agreement on derailing what they describe as "job-killing" EPA greenhouse gas emissions regulations. ALEC has referred to these sensible standards on multiple occassions as a "Regulatory Trainwreck."

ALEC, SLC and EPA "Regulatory Trainwreck" Resolutions

ALEC's "Regulatory Trainwreck" Resolution

ALEC has two model bills on the books that call for EPA regulations to be eliminated: the State Regulatory Responsibility Act and the Resolution Opposing EPA’s Regulatory Train Wreck. Essentially clones, the two bills passed nearly a decade apart from one another, the former in 2000, the latter in 2011.

ALEC's description of EPA regulations reads like the apocolypse is looming.

"The U.S. Environmental Protection Agency has begun a war on the American standard of living," it wrote. "During the past couple of years, the Agency has undertaken the most expansive regulatory assault in history on the production and distribution of affordable and reliable energy…These regulations are causing the shutdown of power plants across the nation, forcing electricity generation off of coal, destroying jobs, raising energy costs, and decreasing reliability."  

Former CMD reporter Jill Richardson wrote in a July 2011 story that the concept behind the resolution originated at ALEC's December 2010 policy summit. Richardson explained,

The policy summit included a session led by Peter Glaser of Troutman Sanders LLP law firm in which Glaser, an attorney who represents electric utility, mining and other energy industry companies and associations on environmental regulation, specifically in the area of air quality and global climate change, told the crowd that "EPA's regulatory trainwreck" is "a term that's now in common use around town. I think everybody should become familiar with it." (See the video here.) Along with the presentations, ALEC published a report called "EPA's Regulatory Trainwreck: Strategies for State Legislators" and provided "Legislation to Consider" on its site, RegulatoryTrainwreck.com. For the public, they created the website StopTheTrainwreck.com.

The Resolution calls for the EPA to stop regulating greenhouse gases for the next two years as a "jobs creation" mechanism.

After the midterm election ransacking, in which the GOP won large majorities in state legislatures nationwide, it was off to the races for "Regulatory Train Wreck" resolutions to pass around the country, and pass they did. 

The "Regulatory Trainwreck" resolution, according to ALEC, has been introduced in an astounding 34 states, passing in 13, as of a June 2011 press release.

This assault conducted by ALEC and its corporate backers is merely the tip of the iceberg. ALEC itself boasts,

There are 27 groups of state and local officials that opposerecent EPA action, including tens of thousands of state legislators, utility commissioners, agricultural department officials, foresters, drinking water administrators, fish and wildlife agencies, solid waste management officials, state wetland managers, mayors, counties, and cities.

One of these 27 groups included CSG's Southern Leadership Conference.

SLC Adopts the "Regulatory Train Wreck" Resolution as its Own

On July 19, 2011, the SLC adopted the ALEC Regulatory Train Wreck resolution at its 65th Annual Meeting in Memphis, TN. The Resolution called for, among other things, to

  1. "Adopt legislation prohibiting the EPA from further regulating greenhouse gas emissions for the next 24 months, including, if necessary, defunding the EPA greenhouse gas regulatory activity;"
  2. "Impose a moratorium on the promulgation of any new air quality regulation by the EPA, including, if necessary,the defunding of the EPA air quality regulatory activities, except to address an imminent health or environmental emergency, for a period of at least 24 months;"  

In other words, this is a copycat of the ALEC Resolution. SLC, like ALEC, chocks it up to the false dichotomy of regulation vs. jobs, and regulations "killing jobs." As DeSmogBlog has written, the opposite is actually the case.

The resolution's opening paragraph is a case in point. It reads,

"The U.S. Environmental Protection Agency (EPA) has proposed, or is in the process of proposing, numerous regulations regarding air quality and regulation of greenhouse gases that likely will have major effects on Southern state economies, impacting businesses, manufacturing industries and, in turn, job creation and U.S. competitiveness in world markets."

Lobbyists representing the Nuclear Energy Institute, the American Coalition for Clean Coal Electricity (ACCCE), Southern States Energy Board (a lobbying tour de force, which has a whole host of dirty energy clients in the oil, gas, and nuclear power sectors), Piedmont Natural Gas, Spectra Energy, and Southern Company were all in attendance to vote on this resolution. 

Dirty energy sponsors of the 2011 SLC meeting included the likes of Spectra, General Electric, ACCCE, Chevron, Honeywell, Piedmont Natural Gas, BP, Southern Company, and Atmos Energy, to name several.

If adopted at a federal level, this resolution would, of course, make all of these companies a hefty fortune.  

ALEC's Bifurcated Approach: Strip Federal Regs, Attack Local Democracy

Oil, gas, nuclear and utility corporations that fund ALEC and groups like CSG would like nothing more than to see EPA regulations disintegrate into thin air.

Part one of DeSmog's investigation on ALEC's dirty energy agenda showed that, along with pushing for the elimination of EPA regulations, it has also succeeded in promulgating legislation that would eliminate local democracy as we know it, including altering key standards such as zoning rights - a Big Business giveaway of epic proportions.

This would mean only extremely underfunded and understaffed state regulatory agencies like the New York Department of Environmental Conservation would have any oversight on environmental regulatory issues. 

If anything is clear, it's this: statehouses have become one of Big Business' favorite domiciles for pushing its "Corporate Playbook." 

Image CreditLane V. Erickson ShutterStock

(**Full Disclosure: Steve Horn is a former employee of CMD and worked on the ALECExposed project)

January 08 2012

19:59

Fracking Earthquakes Becoming Serious Cause for Concern

For the fracking industry, 2012 is off to a shaky start…literally. On New Year’s Eve 2011, a 4.0 magnitude earthquake was recorded in Ohio, one of the largest fracking-related quakes to date. According to reports, the quake was felt across hundreds of square miles in the state of Ohio, and scientists suspect it is related to hydraulic fracturing wastewater disposal near Youngstown, Ohio.

The New Year’s Eve quake is just the latest in a growing list of fracking-related earthquakes that have made headlines in the last 12 months. From DeSmogBlog’s Year In Dirty Energy: Fracking report:
  

New reports are surfacing that link fracking to earthquakes that occurred in January in Oklahoma. According to a new study by the Oklahoma Geological Survey [PDF], fracking is linked to 50 mini-earthquakes that occurred on January 18, 2011 in Oklahoma.

The occurrence of so-called “induced seismicity” – seismic activity caused by human actions – in conjunction with fluid injection or extraction operations is a well-documented phenomenon. However, induced earthquakes large enough to be felt at the surface have typically been associated with large scale injection or withdrawal of fluids, such as water injection wells, geothermal energy production, and oil and gas production. It was generally thought that the risk of inducing large earthquakes through hydraulic fracturing was very low, because of the comparatively small volumes of fluid injected and relatively short time-frame over which it occurs. As the controversy over hydraulic fracturing has heated up, however, researchers and the public have become increasingly interested in the potential for fracking to cause large earthquakes.

But this is hardly a new phenomenon. Studies show that fracking practices in the 1970s had caused similar seismic activity in Oklahoma, according to E&E News.
 

But the most recent Ohio quake has generated a more-urgent cause for concern than the previous quakes. As The Huffington Post points out:

Earthquakes have a special ability to grab public attention.

That's especially true after Saturday's quake near Youngstown, at magnitude 4.0 strong enough to be felt across hundreds of square miles. Gov. John Kasich, a drilling proponent, has shut down the wastewater well on which the quake has been blamed, along with others in the area, as the seismic activity is reviewed.

Ohio's closure of the well will have little to no impact on drilling, said Travis Windle, a spokesman for the Marcellus Shale Coalition, an industry group based in Pennsylvania. Four of the five wells that Ohio shut down were not operational, Windle said.

Kasich told reporters over the weekend that he doesn't believe the energy industry should be blamed for issues arising from disposal of their byproducts (fracking). That would be like blaming the auto industry for improper disposal of old tires, the first-term Republican said.

But Kasich’s actions in this matter speak louder than his words. Sure, he claims that we can’t blame the dirty energy industry, but in the same breath he announces that he’s halting fracking activities in the area until further review. These aren’t the actions of a man who believes that the two events aren’t related.

Kasich has been a long-time supporter of fracking, claiming in January of last year that he would be pushing for more hydraulic fracturing in Ohio because he thinks it will create jobs, and that it would be a “great opportunity” for the state. And just 2 months ago, Kasich announced that he would be opening up federal lands in Ohio to natural gas companies to drill. His proposal included allowing fracking to take place in the state’s national parks, something that 70% of his constituents opposed. The United States Forest Service stepped in an removed 3,000 acres of public land from Kasich’s proposal.

As is always the case, you have to follow the money on Kasich’s fracking push. Kasich has received more than $150,000 from the oil and gas industries, as well as an additional $489,000 from the energy industry (not oil and gas-related companies.) Truth-Out provides the following analysis of the gas industry's lobbying efforts in Ohio over the years:

The fracking industry, on the other hand, has spent $747 million dollars in the past decade to lobby Congress and support politicians in states like Ohio, Michigan and New York as part of a campaign to keep fracking unregulated, according to a recent Common Cause report.

Common Cause reports that fracking companies spent $2.8 million in political contributions to Ohio parties and candidates since 2001. Republican Gov. John Kasich tops the list and has received $213,519 in campaign contributions from the industry.

Additional analysis of campaign records by Truthout reveals that wealthy executives of companies connected to the natural gas industry, including billionaires William "Bill" Koch and David Koch of Koch brothers fame, funneled an additional $127,268 in personal donations through a political action committee (PAC) to support Kasich's election in 2010.

Kasich is not the only Ohio politician who has enjoyed support from the industry. Former Democratic governor Ted Strickland received $87,450 since 2001. The state-level Republican campaign committees for the Ohio House and Senate have received a combined total of $210,250. Ohio Secretary of State Jon Husted received $84,750.

Truthout found that wealthy businessmen connected to the natural gas industry donated thousands of dollars to a PAC organized by the Republican Governors Association (RGA) in 2010. The PAC used a majority of the money to pay for attack ads against former governor Strickland, whom Kasich defeated in 2010.
 

There’s big money for Kasich if he allows the dirty energy industry to frack the state into oblivion, but for now, the governor has made the right call. The likelihood of the fracking moratorium to last is small, but the earthquakes being felt are growing larger and more needs to be done to prevent the threat of property damage and risks to public health.

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