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August 07 2012

11:48

Near Injection Wells, Many Quakes Go Unfelt

Examining earthquakes in the Barnett Shale from November 2009 to September 2011, a researcher identifies nearly eight times more quakes than had been reported, with the epicenters within two miles of drilling wells.

July 27 2012

10:30

Exposed: Pennsylvania Act 13 Overturned by Supreme Court, Originally an ALEC Model Bill

On July 26, the Pennsylvania Supreme Court ruled PA Act 13 unconstitutional. The bill would have stripped away local zoning laws, eliminated the legal concept of a Home Rule Charter, limited private property rights, and in the process, completely disempowered town, city, municipal and county governments, particularly when it comes to shale gas development.

The Court ruled that Act 13 "…violates substantive due process because it does not protect the interests of neighboring property owners from harm, alters the character of neighborhoods and makes irrational classifications – irrational because it requires municipalities to allow all zones, drilling operations and impoundments, gas compressor stations, storage and use of explosives in all zoning districts, and applies industrial criteria to restrictions on height of structures, screening and fencing, lighting and noise."

Act 13 — pejoratively referred to as "the Nation's Worst Corporate Giveaway" by AlterNet reporter Steven Rosenfeld — would have ended local democracy as we know it in Pennsylvania.

"It’s absolutely crushing of local self-government," Ben Price, project director for the Community Environmental Legal Defense Fund (CELDF), told Rosenfeld. "It’s a complete capitulation of the rights of the people and their right to self-government. They are handing it over to the industry to let them govern us. It is the corporate state. That is how we look at it."

Where could the idea for such a bill come from in the first place? Rosenfeld pointed to the oil and gas industry in his piece.

That's half of the answer. Pennsylvania is the epicenter of the ongoing fracking boom in the United States, and by and large, is a state seemingly bought off by the oil and gas industry.

The other half of the question left unanswered, though, is who do oil and gas industry lobbyists feed anti-democratic, state-level legislation to?

The answer, in a word: ALEC.

PA Act 13, Originally an ALEC Model Bill 

The American Legislative Exchange Council (ALEC) is in the midst of hosting its 39th Annual Meeting this week in Salt Lake City, Utah. ALEC is appropriately described as an ideologically conservative, Republican Party-centric "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 have a "voice and a vote in shaping policy," CMD explains. They have de facto veto power over whether their prospective bills become "models" that will be distributed to the offices of politicians in statehouses nationwide.

A close examination suggests that an ALEC model bill is quite similar to the recently overturned Act 13. 

It is likely modeled after and inspired by an ALEC bill titled, "An Act Granting the Authority of Rural Counties to Transition to Decentralized Land Use Regulation." This Act was passed by ALEC's Energy, Environment, and Agriculture Task Force at its Annual Meeting in August 2010 in San Diego, CA

The model bill opens by saying that "…the planning and zoning authority granted to rural counties may encourage land use regulation which is overly centralized, intrusive and politicized." The model bill's central purpose is to "grant rural counties the legal authority to abandon their planning and zoning authority in order to transition to decentralized land use regulation…"

The key legal substance of the bill reads, "The local law shall require the county to repeal or modify any land use restriction stemming from the county’s exercise of its planning or zoning authority, which prohibits or conditionally restricts the peaceful or highest and best uses of private property…"

In short, like Act 13, this ALEC model bill turns local democractic protections on their head. Act 13, to be fair, is a far meatier bill, running 174 pages in length. What likely happened: Pennsylvania legislators and the oil and gas industry lobbyists they serve took the key concepts found in ALEC's bill, ran with them, and made an even more extreme and specific piece of legislation to strip away Pennsylvania citizens' rights.

There were many shale gas industry lobbyists and those affiliated with like-minded think-tanks in the house for the Dec. 2010 San Diego Energy, Environment, and Agriculture Task Force Meeting where this prospective ALEC model bill became an official ALEC model bill. They included Daren Bakst of the John Locke Foundation (heavily funded by the Kochs), Russel Harding of the Mackinac Center for Public Policy (also heavily funded by the Koch Family Fortune), Kathleen Hartnett White of the Texas Public Policy Foundation (again, heavily funded by the Kochs), Mike McGraw of Occidental Petroleum, and Todd Myers of the Washington Policy Center (a think tank that sits under the umbrella of the Koch Foundation-funded State Policy Network).

A Model That's Been Passed and Proposed Elsewhere

The Act Granting the Authority of Rural Counties to Transition to Decentralized Land Use Regulation model bill has made a tour to statehouses nationwide, popping up in Ohio, Idaho, Colorado, and Texas. The model passed in some states, while failing to pass in others.

Here is a rundown of similar bills that DeSmogBlog has identified so far:

Ohio HB 278

Long before the ALEC model bill was enacted in 2010, Ohio passed a similar bill in 2004, HB 278, which gives exclusive well-permitting, zoning, and regulatory authority to the Ohio Department of Natural Resources (ODNR). Ohio is home to the Utica Shale basin.

Mirroring ALEC's model, HB 278 gives the "…Division of Mineral Resources Management in the Department of Natural Resources…exclusive authority to regulate the permitting, location, and spacing of oil and gas wells in the state.."

Could it be that the ALEC model bill was actually inspired by HB 278? It's very possible, based on recent history.

As was the case with ALEC's hydraulic fracturing chemical fluid "disclosure" model bill (actually rife with loopholes ensuring chemicals will never be disclosed), ALEC adopted legislation passed in the Texas state legislature as its own at its December 2011 conference.

Idaho HB 464 

Idaho's House of Representatives passed HB 464 in February 2012 in a 54-13-3 roll call vote. A month later, the bill passed in the Senate in a 24-10-1 roll call vote. Days later, Republican Gov. Butch Otter signed the bill into law.

Key language from HB 464 reads

It is declared to be in the public interest…to provide for uniformity and consistency in the regulation of the production of oil and gas throughout the state of Idaho…[,] to authorize and to provide for the operations and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas may be obtained.  (Snip)

It is the intent of the legislature to occupy the field of the regulation of oil and gas exploration and production with the limited exception of the exercise of planning and zoning authority granted cities and counties…

The Democratic Party State Senate Minority Office was outraged about the bill's passage. 

"[HB] 464 establishes Idaho law governing oil and gas exploration and development including limits to local control over the location of wells, drilling processes, water rights and the injection of waste materials into the ground," reads a press release by the Idaho State Senate Minority Office. "[HB 464] preempts local land-use planning statute dating back to 1975. Counties will have little input in the permitting process whereby well sites are selected (or restricted) and no role in planning and zoning."

Sound familiar? Like PA Act 13 and the ALEC model? It should.

Full-scale fracking has yet to take place in Idaho, though the race is on, with Idahoans signing more and more leases with each passing day. Thanks to gas industry lobbyists' use of ALEC's model bill process, the industry will have far fewer hurdles to clear in the state when the race begins. 

Colorado SB 88

The Demoratic Party-controlled Colorado State Senate struck down an ALEC copycat bill, SB 88, in February 2012.

The Bill Summary portion of SB 88 explains the bill concisely, mirroring, once again, PA Act 13 and the ALEC Model Bill: "…the Colorado oil and gas conservation commission has exclusive jurisdiction to regulate oil and gas operations, and local regulation of oil and gas operations is preempted by state law."

Colorado sits atop the Niobrara Shale basin. Like Pennsylvania, it has seen many cities successfully move to ban fracking, making the goal of a bill of this nature all the more obvious.

From Colorado Springs to Boulder County, cities and counties across Colorado have passed measures against fracking,” Sam Schabacker of Food and Water Watch told the Colorado Independent at the time SB 88 was struck down. “This bill is an attempt by the oil and gas industry to strip local governments of what little power they have to protect their citizens and water resources from the harms posed by fracking.” 

Far from a completed debate, as covered in a June 2012 follow-up story by the Colorado Independent, things are just getting underway on this one in The Centennial State.  

I don’t know where it goes from here. I suspect there is a happy medium and there is a compromise that can be reached,” Democratic Party State Senate President Brandon Shaffer told the Independent. “I also suspect next year additional legislation will come forward on both sides of the spectrum. Ultimately I think the determination will be made based on the composition of each of the chambers. If the Democrats are in control of the House and Senate, there will be more emphasis on local control.”  

Former Sen. Mike Kopp (R) was one of the public sector attendees at the Dec. 2010 Energy, Environment, and Agriculture Task Force Meeting where the ALEC model bill passed. 

Texas HB 3105 and SB 875

In May 2011, TX SB 875 passed almost unanimously. The bill essentially calls for the elimination, in one fell swoop, of the common law of private nuisance in Texas.

SB 875's key operative paragraph explains,

[Entities] subject to an administrative, civil, or criminal action brought under this chapter for nuisance or trespass arising from greenhouse gas emissions [have] an affirmative defense to that action if the person's actions that resulted in the alleged nuisance or trespass were authorized by a rule, permit, order, license, certificate, registration, approval, or other form of authorization issued by the commission or the federal government or an agency of the federal government…

Texas — home to the Barnett Shale basin and the Eagle Ford Shale basin — played a dirty trick here, but what else would one expect from the government of a Petro State?

The ALEC model bill calls for a transition from centralized power by local governments to individual property rights under the common law of private nuisance, a civil suit that allows those whose private property has been damaged to file a legal complaint with proper authorities. Now, under the dictates of SB 875, even these rights have been eviscerated.

Perhaps Texas exemplifies a realization of the oil and gas industries' ideal world: legal rights for no one except themselves.

"This [bill allows] the willful trespass onto private property of chemicals and or nuisances, thus destroying the peaceful enjoyment of private property, which someone may have put their life savings into," Calvin Tillman, former Mayor of Dish, Texas and one of the stars of Josh Fox's Academy Award-nominated documentary film, "Gasland," wrote in a letter. "Therefore, private citizens would have no protection for their private property if this amendment was added."

HB 3105's key language, meanwhile, makes the following illicit (emphases mine): 

the adoption or issuance of an ordinance, rule, regulatory requirement, resolution, policy, guideline, or similar measure…by a municipality that..has effect in the extraterritorial jurisdiction of the municipality, excluding annexation, and that enacts or enforces an ordinance, rule, regulation, or plan that does not impose identical requirements or restrictions in the entire extraterritorial jurisdiction of the municipality…or damages, destroys, impairs, or prohibits development of a mineral interest

This bill, unlike SB 875, never passed, though if it did, it would do basically the same thing as PA Act 13 and the ALEC model. If it ever does pass, however, it would mean that Texans would have literally no legal standing to sue the oil and gas industry for wrongdoing in their state.

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

Coming full circle, though PA Act 13 was struck down, for now, as constitutional, that doesn't necessarily mean ALEC copycat versions like it won't start popping up in other statehouses nationwide. 

Sleep on this for awhile. There's more to come.

Part two of DeSmog's investigation on ALEC's dirty energy agenda will show that, along with pushing for the erosion of local democracy as we know it today, ALEC has also succeeded in promulgating legislation that would eliminate Environmental Protection Agency (EPA) power to regulate greenhouse gas emissions - another Big Business giveaway of epic proportions.

If anything is clear, it's this: statehouses have become a favorite clearinghouse for polluters to install the "Corporate Playbook" in place of democracy.

Stay tuned for Part Two of DeSmog's investigation, coming soon.

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

Image Credit: Center for Media and Democracy | ALEC Exposed

April 03 2012

14:28

On Our Radar: A Soupçon of van Gogh?

Using advanced digital animation, scientists simulate ocean and sea-ice flows to better understand systems that move heat and carbon. The goal is to understand the ocean's role in future climate change.

February 16 2012

16:05

On Our Radar: Climate Change and Curriculums

Efforts to undermine climate-science instruction are beginning to spread across the country, defenders of science education say, and they fear a long fight similar to that over the teaching of evolution in public schools.

February 03 2012

21:00

Warren Buffett Exposed: The Oracle of Omaha and the Tar Sands

On January 23, Bloomberg News reported Warren Buffett's Burlington Northern Santa Fe Railway (BNSF), owned by his lucrative holding company Berkshire Hathaway, stands to benefit greatly from President Barack Obama’s recent cancellation of the Keystone XL pipeline

If built, TransCanada's Keystone XL (KXL) pipeline would carry tar sands crude, or bitumen (“dilbit”) from Alberta, B.C. down to Port Arthur, Texas, where it would be sold on the global export market

If not built, as revealed recently by DeSmogBlog, the grass is not necessarily greener on the other side, and could include increased levels of ecologically hazardous gas flaring in the Bakken Shale, or else many other pipeline routes moving the prized dilbit to crucial global markets.

Rail is among the most important infrastructure options for ensuring tar sands crude still moves to key global markets, and the industry is pursuing rail actively. But transporting tar sands crude via rail is in many ways a dirtier alternative to the KXL pipeline. “Railroads too present environmental issues. Moving crude on trains produces more global warming gases than a pipeline,” explained Bloomberg.

A key mover and shaker behind the push for more rail shipments is Warren Buffett, known by some as the “Oracle of Omaha” — of "Buffett Tax" fame — and the third richest man in the world, with a net worth of $39 billion. With or without Keystone XL, Warren Buffett stands to profit enormously from multiple aspects of the Alberta Tar Sands project. He also, importantly, maintains close ties with President Barack Obama.

read more

January 26 2012

08:15

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

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

The L.A. Times' Neela Banerjee explained,

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

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

ALEC Exposed: No, Not Alec Baldwin* 

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

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

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

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

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

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

The Trojan Horse: The "Environmental Literacy Improvement Act"

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

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

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

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

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

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

ALEC Bills: From Model to Reality

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

Louisiana

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

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

ALEC Model vs. S.B. 733

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

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

South Dakota

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

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

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

Kentucky

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

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

ALEC Model vs. HB 397

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

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

New Mexico

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

ALEC Model vs. H.B. 302

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

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

Tennessee

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

Key clauses of that bill read,

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

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

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

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

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

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

Oklahoma

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

Key clauses of that bill read (emphases mine),

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

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

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

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

Texas

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

The Austin Statesman explained,

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

Standards are used to guide textbook makers and teachers.

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

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

A Bill In the Corporate Polluter's Interest

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

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

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

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

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

Getting Them While They're Young: A Cynical Maneuver 

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

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

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

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

 

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

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

January 09 2012

17:29

On Our Radar: Arctic Oil Discovery

The discovery appears to brighten prospects for Norway's industry, which had not had much luck exploring in the Barents Sea until recently.

December 22 2011

15:53

December 20 2011

12:40

December 16 2011

18:22

December 10 2011

00:07

Congressmembers Implicated in Insider Stock Trading on TransCanada, Keystone XL Pipeline

When it comes to TransCanada Corporation's Keystone XL pipeline approval process, corruption has been rampant, as well covered by DeSmogBlog as it unfolded. The Keystone XL pipeline, currently in limbo, would carry tar sands crude — a thick and dirty fossil fuel called bitumen — from the Alberta tar sands through the heartland region and eventually down to Port Arthur, Texas, to be refined and placed on the global export market.

This week, a new layer of corruption was revealed by Sunlight Foundation Reporting Group, this one involving insider trading of TransCanada's stocks by four members of Congress, as well as by U.S. Ambassador to the United Nations, Susan Rice.

The politicians implicated and amount of money they invested in stock are as follows, according to Sunlight Foundation Reporting Group:

  • "Rep. Michael McCaul, R-Texas, reported in his 2010 financial disclosure form—the most recent available, filed on May 15, 2011—that he owned Transcanada stock worth between $115,002 and $300,000 (financial disclosure forms ask members to report their assets within broad ranges)."
  • "Sen. Thad Cochran, R-Miss., reported owning between $15,001 and $51,000 in TransCanada stock in his 2010 financial disclosure; according to his office, the ranking member of the Senate Appropriations Committee sold his stock on January 5, 2011."
  • "Rep. Judy Biggert, R-Ill., has held Trans Canada stock since 2004; her most recent disclsosure shows she owns a stake in the company worth between $1,001 and $15,000."
  • "Rep. Carolyn McCarthy, D-N.Y.…reported a $798 interest in Trans Canada."
  • "U.S. Ambassador to the UN, Susan E. Rice filed that she owned between $250,001 and $500,000 of TransCanada stock."

This revalation comes in the aftermath of an in-depth muckraking report by 60 Minutes, in which it was revealed that numerous members of the U.S. Congress on both sides of the aisle, including House Minority Leader Nancy Pelosi (D-CA) and House Majority Leader John Boehner (R-KY), were involved in insider stock trading deals. 

This all begs the question, is this a democracy or a kleptocracy that we are living in here in the United States? See the 60 Minutes segment below and ponder that.

'60 Minutes' Blows The Lid Off Congressional Insider Trading

December 09 2011

18:24

Fracking Ohio's Utica Shale to "Boost Local Economy"? A "Total" Sham

It is a well-known fact that the unconventional gas industry is involved in an inherently toxic business, particularly through hydraulic fracturing ("fracking"), which the EPA just confirmed has contaminated groundwater in Wyoming. The documentary film "Gasland," DeSmogBlog's report "Fracking the Future: How Unconventional Gas Threatens our Water, Health, and Climate," and numerous other investigations, reports, and scientific studies have echoed the myriad problems with unconventional oil and gas around the globe.

What is less well-known, but arguably equally as important, is who exactly stands to benefit economically from the destruction of our land, air, and water in the gas industry's rush to profit from the fracking bonanza. The U.S oil and gas industry would have us believe that they are principally focused on ushering in American energy independence. But their claims are increasingly suspect as the real motivation of this industry becomes clearer by the day.

A hint: it's not the small "mom and pop," independent gas companies, but multinational oil and gas corporations. Another hint: it's often not even American multinational oil and gas corporations, but rather, foreign-based multinational oil and gas corporations who stand to gain the most.

France's Total S.A. Enters Ohio's Utica Shale, as well as Uganda, South Sudan and Kenya

On December 7, Bloomberg's Businessweek reported that Total S.A. is positioning itself to acquire 25 percent of Chesapeake Energy’s stake in Ohio's Utica Shale, valued at $2.14 Billion

Total S.A., the largest oil and gas producer in France, is a multinational corporation perhaps most notorious for its involvement in Iraq's "Oil-For-Food" scandal. In 2010, Total S.A. was accused of bribing former Iraqi dictator Saddam Hussein's officials to secure oil supplies. 


Total SA also brokered another big deal on December 7, this one in Uganda, a place I recently wrote about on AlterNet in a piece titled, "Did Obama Just Kick Off Another Oil War — This Time in Africa?" It appears the question raised and answered in my article is being confirmed more and more with each passing day.

Explaining the terms of the deal, Reuters wrote, "French oil major Total said it could build a pipeline from South Sudan to Uganda that would continue to Kenya’s coast, potentially solving the fledgling state’s headache about how to export its oil."

These announcements comes on the heels of a December 1 announcement by another foreign corporation, Norway's Statoil, stating that it "would like to add to its acreage position in the Eagle Ford Shale in South Texas as it looks to grow its unconventional oil and gas position in North America."

Speaking of corruption, by the way, Ohio is a natural landing spot for Total S.A.

Ohio: Home to Big Gas Money

Common Cause of Ohio, in a recent report titled "Deep Drilling, Deep Pockets," revealed that from 2001 through June 2011, Republican Governor John Kasich received $213,519 in campaign contributions from the gas industry. The Republican Senatorial and House Campaign Committees took another $210,250 from the gas industry during that same time period.

Not to be outdone, on the other side of the aisle, former Democratic Governor of Ohio, Ted Strickland, received $87,450 during that time frame. 

Top donors included the following:

  • Ohio Oil & Gas Producers Fund - $820,285
  • British Petroleum PAC & Employees - $215,438
  • Marathon Oil PAC & Employees - $207,054

Summing things up, Common Cause wrote,

Companies engaged in fracking contributed $2.8 million to state candidates, political committees, and parties in Ohio from 2001 through June 2011, helping the natural gas industry preserve what are some of the nation’s most lenient fracking regulations. Ohio does not require full disclosure of chemicals used in the fracking process, has stripped from local governments the power to regulate fracking, and allows fracking as close as 100 feet to a residence.

All in all, this is a bad deal for the people of Ohio, but a great deal for global multinational oil corporations, a pattern all too familiar in the American political fray.

Any way one slices it, the claim that the gas industry first and foremost is a "good neighbor" who will "benefit the local economies," is a total sham. 

 

December 02 2011

15:39

On Our Radar: China Hints at Emissions Timetable

In a first, a senior expert with a Chinese government think tank says that Beijing is likely to agree to a quantified target to limit its greenhouse gas emissions after 2020.

December 01 2011

22:43

LNG Groundhog Day: Cheniere Energy Signs Yet Another Gas Export Deal on Gulf Coast

Another day, another unconventional gas export deal signed. Nascent North American LNG (liquefied natural gas) export deals are happening so fast and furiously that it is hard to keep track of them all.

The latest: On November 21, Cheniere Energy Partners signed a 20-year LNG export deal with Gas Natural Fenosa, an energy company which operates primarily in Spain but also in such countries as Italy, Mexico, Colombia, Argentina, and Morocco. Cheniere will maintain the Sabine Pass LNG export terminal located off of Sabine Lake between Texas and Louisiana, which feeds into the Gulf of Mexico, while Gas Natural Fenosa will ship the gas to the global market.

Cheniere, which made waves when its CEO Charif Souki announced that his corporation's business model would center exclusively around LNG export terminals, also recently signed a 20-year export deal with BG Group, short for British Gas Group.

Like the recent export deal with BG Group, which involves carrying fracked unconventional gas from various shale basins around the United States via pipelines to the Sabine Pass LNG export terminal, the Gas Natural Fenosa deal also centers around the export of gas from Sabine Pass to the global market.

This new deal will presumably center around shipment of LNG to the Latin American market, whereas the BG Group deal centers around exports to the European market.

A press release explaining the details of the deal reads, “LNG will be loaded onto Gas Natural Fenosa's vessels…[with] twenty years commencing upon the date of first commercial delivery, and an extension option of up to ten years. LNG deliveries are expected to commence in 2016.”

It is increasingly clear that export is the name of the game for the gas companies fracking all over America, exploding the industry's claims to support U.S. energy independence.

A recent Senate hearing confirmed that the industry's plans to export gas from the U.S. will raise gas prices for Americans.

So much for that oil and gas industry canard that unconventional gas fracking "promises more affordable energy for Americans."

 

Image Credit: Oleksandr Kalinichenko / Shutterstock

November 29 2011

12:39

November 28 2011

22:04

Will the Lights Stay On in Texas and New England?

The advent of new pollution rules affecting coal-fired power plants and some gas-fired plants could threaten the reliability of the grid in those regions, a new report says.

November 18 2011

13:15

ExxonMobil and Shell Eyeing North American LNG Export Deals

Yesterday, LNG World News reported that ExxonMobil Vice President Andrew Swiger announced, at a conference hosted by Bank of America Merrill Lynch, that it was actively seeking LNG (liquefied natural gas) export terminals throughout North America, including, but not limited to, in British Columbia and on the Gulf Coast.

In terms of exports from North America, whether it is the Gulf Coast or whether it is Western Canada, it’s something we’re actively looking at,” said Swiger.

So, where are these prospective export terminals located, what are the key pipelines carrying the unconventional gas produced from shale basins, and what are the key shale basins in the mix? Hold tight for an explanation.

Golden Pass LNG Terminal and Golden Pass Pipeline

The LNG World News article explains that ExxonMobil "has a stake in the Golden Pass LNG Terminal in Texas," but does not explain exactly what the "stake" is.

A bit of research shows that ExxonMobil is a 17.6% stakeholder in the Golden Pass LNG Terminal, according to a March 2011 article publshed by Platts. It is co-owned by ConocoPhillips and Qatar Petroleum, who own a 12.4% and 70% stake in Golden Pass LNG, respectively.

Golden Pass LNG is stationed in Sabine Pass, TX, located on the Gulf Coast on the Texas-Louisiana border, which is in close proximity to Cheniere's Sabine Pass LNG export terminal, a terminal which has been written about in-depth by DeSmogBlog.

As of now, Golden Pass is an import terminal, and "is among the largest LNG import facilities worldwide, with the capacity to import 15.6 million metric tons of LNG annually," explains LNG World News. But many import facilities have turned into export facilities, including the Jordan Cove LNG terminal in Coos Bay, Oregon, the Dominion Cove LNG terminal in Lusby, Maryland, and Kitimat LNG terminal in Kitimat, British Columbia. Gas corporations often execute the bait-and-switch, transforming what were originally import terminals into export terminals.

If history repeats itself, which is highly likely based on this latest report from LNG World News, then the Golden Pass LNG Terminal could soon be transformed into an export terminal, making it export terminal number two in Sabine Pass.

It appears for now that the gas would come from the shale basins surrounding Sabine Pass, meaning the Barnett Shale, the Eagle Ford Shale, the Haynesville Shale, and the Fayetteville Shale, and flow out these respective shale basins via an extensive pipeline system, to the key Golden Pass and Sabine Pass hubs. 

For example, Golden Pass also owns Golden Pass Pipeline, which runs from the Haynesville Shale down to the Golden Pass LNG terminal.

Horn River Basin Shale and Pacific Trail Pipelines

LNG World News' article also mentions that ExxonMobil "has 340,000 shale gas acres in Western Canada’s Horn River Basin." The Horn River Shale Basin is located in northeastern British Columbia and sits on 250 trillion cubic feet of unconventional gas, producred through the toxic hydraulic fracturing, or fracking process. 

Assuming ExxonMobil holds true to the pronouncement made by Swiger, much of the gas produced in the Horn River Basin will flow westward to Kitimat LNG export terminal, which ships gas to the Asian market. 

One of these facilities is co-owned by EOG Resources (EOG), EnCana Corporation (EnCana), and Apache Corporation (Apache). In October 2011, Canada’s National Energy Board, the Canadian equivalent to the U.S. Federal Energy Regulatory Commission, granted Kitimat LNG a 20-year Export Licence to serve international markets. The Pacific Trail Pipelines connect the Horn River Basin to the Kitimat LNG facility and are also co-owned by EOG, EnCana, and Apache. 

Another key LNG export terminal in the works will be co-owned by Shell, Korea Gas Corporation, China National Petroleum Corporation, and Mitsubishi Corporation.

The Globe and Mail explained the looming deal, writing

Shell is examining plans for a 3.6 billion cubic feet a day project, which would be among the largest under consideration in the world…Kitimat LNG intends to build a 700-million cubic foot facility first, at a cost greater than $5-billion, but has received an export licence that allows it to double that. The partnership intends to make a final investment decision early next year, but is already spending several hundred million dollars to terrace the sloped site of the intended terminal, the first step in construction.

A pipeline arrangement paralleling the EOG, EnCana, Apache agreement will likely follow the Shell export deal announcement, carrying gas fracked from the Horn River Shale Basin to Kitimat, in order to be exported, in the form of LNG, to the profitable Asian market. 

North American Export Market a Huge Racket

As is now perfectly clear and has been made clear by DeSmogBlog on multiple occasions, not only is the unconventional gas industry unconcerned with the "domestic consumption" of gas for "national security" purposes, but perhaps even more importantly, two of the largest fossil fuel corporations in the world, Shell and ExxonMobil, are now in the fray of the export game.

Deals of this nature will likely proliferate as time progresses, with what has been coined the "one-percent" by the Occupy Wall Street movement, standing with the most to gain from them.

November 01 2011

17:34

On Our Radar: Smog Dispute in Beijing

Residents of Beijing want to know why the Chinese government's air pollution readings differ from those of the American Embassy.

September 23 2011

18:55

The Best Crude in the World…..SAND! (Tar Sand, that is)


Musings of a Malcontent: Environmental Irony in an Imperfect (but humorous?) World“Musings of a Malcontent” is a weekly op-ed by GlobalWarmingisReal contributor Carlyle Coash

Apparently I have been living in a hole in the earth. I thought I was aware and paying attention, but apparently I am actually living in a subterranean borough somewhere on a vast Nebraskan wheat field. I would not be surprised if Prairie Dogs are more in tune with world events than I.

So here it is.

Did you know there is a plan afoot to build an oil pipeline from Canada to Texas? From what I can tell it will run from Alberta through Montana, South Dakota, Illinois, Missouri, Kansas, Oklahoma, Nebraska and Texas.

I guess I am going to have to relocate my hole.

Actually if I read it right, there will actually be two pipelines, running parallel at points since some of the pipeline already exists. The new segment is called the Keystone XL Pipeline. A few of the highlights:

  1. They plan to bury it at least 4 feet underground.
  2. It will run right over the Ogallala Aquifer, one of the largest fresh water reserves in the world.
  3. It will run through a large wetlands ecosystem, as well as some other untouched wildlife areas.
  4. It will primarily be transporting Bitumen – which is heavy crude oil mixed with a lot of sand.

Yes, you read correctly. Oil sand. Nothing like a 2,000-plus mile pipeline of oily sand running right through the country to make you feel taken completely advantage of.

Excellent.One of the reasons stated as to why we are doing such a thing is that we can now finally end our dependence on oil from the Middle East. Thank God. I sure am tired of us trying to wrangle control of all these oil producing areas out of the hands of those who live there. They are so overprotective. It is very rude, I think.

I mean, we need it more. I think we have made that abundantly clear over the last several years. Heck, even solar companies who are getting billions in government funding are going bankrupt – if that does not tell you something then what does? Plus, how do they expect me to keep up with my daily crude oil hair soak. (I am not kidding – it is a bargain at Amazon.). Since the Middle East is being difficult, it is time for us to move on. It is time for us to kneel down in front of a kinder, gentler Lord who will hold us in their strong oil slick arms and rock us to sleep.

Who better to do this for us than Canada?

In the end I imagine it’s much better to be Canada’s bitch. They at least won’t be chopping off anyone’s head on TV or lighting effigies of our president on fire. They won’t likely have a concern of being invaded all the time, unstable and unpredictable in their supply to us. They will not require us to go in and bribe or execute their leadership whenever they get too dogmatic or totalitarian. Canada will be a different kind of master.

Canada is a neighbor. A neighbor with the same language – except for that wacky French-speaking region – and many customs similar to our own. They like hockey. They are very patriotic. They have given us many of our best entertainers and performers. They are even smart and have good healthcare. Yes I know – evil socialist healthcare – but healthcare nonetheless.

Plus they have stronger beer – which I think we will need plenty of to keep us in a subdued state of mind. A drunken stupor is exactly what they will need from us. After all they are making us believe oil enriched sand is the answer to our energy woes.

I mean really, oil sand?

Has it gotten that desperate…um I mean… ridiculous? No, desperate works. Apparently the energy it takes to refine this crap into anything useful is almost equal to the energy it produces. Do we really think a 1-to-1 exchange like that is going to cut it? Aren’t we looking for a  - get the most out of our resources as possible – kind of scenario?

Luckily this project has garnered a fair amount of protest over the last months, so at least a few people have crawled out of their holes. Let’s hope it has some effect. With the recent pipeline disasters this year I have little faith that the Keystone XL won’t break in half and dumps millions of gallons of crude into that lovely Aquifer we have in the middle of the country. Forget your Brita filter working on that.

Well my crude oil hair wash just caught fire. I hate when that happens. Too bad I don’t have any sand to put it out.

Hey Canada – could you help me out?

Image source: The Alopecian Muse

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September 09 2011

14:15

Military Struggles to Cut Fire Risks

In extreme weather conditions, military officials in Texas seek to prevent further blazes from breaking out on firing ranges.
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