Steve Horn's blog

Fri, 2015-04-17 04:58Steve Horn
Steve Horn's picture

"Carbon Copy": How Big Oil and King Coal Ghost Write Letters for Public Officials, Business Groups

The Billings Gazette has revealed that coal mining company Cloudpeak Energy ghost wrote protest letters to the U.S. Department of Interior (DOI) on behalf of allied policymakers and business groups. 

Reporter Tom Lutey examined numerous letters written to DOI from Montana-based stakeholders and noticed something unusual: the language in every single letter was exactly the same. That is, the same except for a parenthetical note in one of them instructing the supposed writer of it to “insert name/group/entity.”

The “carbon copied” (pun credit goes to Lutey) letters requested for the DOI to give states a time extension to begin implementing new rules dictating the coal industry give states a “fair return” on mining leases granted to industry by the states. DOI ended up giving King Coal the 60-day extension.

“Last month, coal proponents scored a major victory by convincing the Department of Interior to hold off on its rule making for 60 days so that more people could respond,” Lutey wrote. “Members of the Montana Legislature, along with county commissioners and mayors from Montana and Wyoming communities put the weight of their political offices behind letters asking the DOI for more time. What they didn’t offer were their own words.”

Among those who submitted a “carbon copied” letter originally written by Cloudpeak Energy include the Montana Chamber of Commerce, Billings Chamber of Commerce, Montana Coal Council, Montana Sen. Debby Barrett and the Yellowstone County Board of Commissioners.  

Unlike others, the Montana Chamber of Commerce embarassingly forgot to take out the boilerplate “insert name/group/entity” language. 

Montana Chamber of Commerce Ghostwriting Coal Letter
Image Credit: Quit Coal

Cloud Peak responded by saying this was a “sample letter…included as part of…briefings,” but did not clarify if those allied stakeholders were supposed to send them to DOI in verbatim fashion, as did the Montana Chamber.

Fri, 2015-04-10 09:50Steve Horn
Steve Horn's picture

Wisconsin Climate Change Gag Order Part of Broader Industry-Tied Attacks on Science

On April 7, Wisconsin's Board of Commissioners of Public Lands voted 2-1 to ban those employed by the agency from doing any work pertaining to climate change or global warming while doing public lands related work.

Although the story was covered by multiple media outlets, lost in the public discussion so far is how the vote fits into the broader multi-front industry attack in America's Dairyland-turned-Petro State and which industry interests may have played a role in the vote. 

The historical roots of the vote appear to trace back to an April 2009 congressional testimony given by Tia Nelson, executive secretary for the Board of Commissioners of Public Lands and daughter of former Wisconsin Democratic Governor Gaylord Nelson, in favor of passage of the American Clean Energy Security Act of 2009.

That bill is better known as the controversial and eventually nixed Waxman-Markey climate bill, a bill opposed vigorously by the fossil fuel industry (and some environmentalists, too). 

Tue, 2015-04-07 04:58Steve Horn
Steve Horn's picture

BNSF Challenges Lawsuit From Engineer Who Ran For His Life From Exploding Oil "Bomb Train"

Burlington Northern Santa Fe (BNSF) has responded defensively to the oil-by-rail lawsuit filed by former BNSF locomotive engineer Bryan Thompson, a case recently reported on by DeSmogBlog.

BNSF — the top rail carrier of oil obtained via hydraulic fracturing (“fracking”) in North Dakota's Bakken Shale basin — denied all charges. The company also argued that some federal laws protect the company from liability for injuries allegedly suffered by Thompson. 

The  Answer to the Complaint signals the likelihood of a protracted legal battle ahead. Lee A. Miller, a Minneapolis, Minnesota-based attorney representing BNSF against Thompson, filed the company's response in Cass County, North Dakota. 

Miller argued that the damages allegedly suffered by Thompson — which include Post-Traumatic Stress Disorder (PTSD) from living through and running away from the December 2013 Casselton, North Dakota oil train explosion — were “caused or contributed to by Plaintiff's own contributory or sole fault.”

He also argued that the explosion occurred due to “unknown causes for which BNSF is not responsible” and “are the result of acts or omissions of persons, entities, or corporations other than BNSF…over whom” they have “no control or right to control at the time of the alleged incident.”

BNSF Responds to Former Engineer Lawsuit
Image Credit: State of North Dakota District Court; East Central Judicial District

Sun, 2015-04-05 22:41Steve Horn
Steve Horn's picture

American Legislative Exchange Council Threatens Lawsuit Against Critics Who Point Out ALEC's Climate Denial

The American Legislative Exchange Council (ALEC) has threatened public interest group Common Cause with a lawsuit for pointing out what the public record has made clear: ALEC denies the scientific consensus on climate change.

As first reported by The Washington Post, ALEC's lawyers Alan Dye and Heidi Abegg wrote a cease-and-desist letter to Common Cause president Miles Rapoport. Dye and Abegg demanded that Common Cause stop calling ALEC a cog in the climate denial machine. 

“We demand that you cease making inaccurate statements regarding ALEC, and immediately remove all false or misleading material from the Common Cause, and related, websites within five business days,” they wrote. “Should you not do so, and/or continue to publish any defamatory statements, we will consider any and all necessary legal action to protect ALEC.”

ALEC critics call the organization a “corporate bill mill.” 

Dye and Abegg also demanded an immediate and public retraction of statements the Common Cause has made about ALEC with regards to climate denial.

ALEC Climate Denial Lawsuit

Image Credit: Common Cause

Further, Dye and Abegg argued that ALEC — contrary to the vast amount of evidence collected by those who research the organization — does not deny climate change.

Sun, 2015-04-05 10:51Steve Horn
Steve Horn's picture

Disclosure Fail: Industry Reps Testifying for Denton, Texas Fracking Bill Left Ties Undisclosed

March 24 hearing prior to the passage of a controversial bill out of committee that preempts cities in Texas from regulating hydraulic fracturing (“fracking”) for oil and gas obtained from shale basins, featured numerous witnesses who failed to disclose their industry ties, including some with ties to the Koch brothers

The next day on March 25, Texas Senate Bill 1165 — “Relating to the express preemption of regulation of oil and gas operations and the exclusive jurisdiction of those operations by the state” — passed in the Senate Natural Resources & Economic Development Committee unanimously. Its companion bill, HB 40, also only received a single dissenting vote, and it now advances to a full floor vote in both chambers.  

The legislation is seen by some as part of the multipronged effort to chip away and ultimately defeat the Denton, Texas fracking ban voted on by the city's citizens on Election Day 2014, with another prong being the lawsuits filed against the city.

The March 24 Senate Natural Resources & Economic Development hearing on SB 1165, lasting over four hours, featured a long list of witnesses testifying for and against the bill.

Though everyone testifying in support of it had industry ties, a DeSmogBlog investigation reveals that a few of them did not disclose this when signing up to testify and simply wrote they were testifying as “self.” 

Thu, 2015-04-02 13:54Steve Horn
Steve Horn's picture

BNSF Engineer Who Manned Exploding North Dakota "Bomb Train" Sues Former Employer

A Burlington Northern Santa Fe (BNSF) employee who worked as a locomotive engineer on the company's oil-by-rail train that exploded in rural Casselton, North Dakota in December 2013 has sued his former employer

Filed in Cass County, the plaintiff Bryan Thompson alleges he “was caused to suffer and continues to suffer severe and permanent injuries and damages,” including but not limited to ongoing Post-Traumatic Stress Disorder (PTSD) issues.

Thompson's attorney, Thomas Flaskamp, told DeSmogBlog he “delayed filing [the lawsuit until now] primarily to get an indication as to the direction of where Mr. Thompson's care and treatment for his PTSD arising out of the incident was heading,” which he says is still being treated by a psychiatrist.

The lawsuit is the first of its kind in the oil-by-rail world, the only time to date that someone working on an exploding oil train has taken legal action against his employer using the Federal Employers' Liability Act.

BNSF Engineer Casselton Lawsuit

Image Credit: State of North Dakota District Court; East Central Judicial District

Pages

Subscribe to RSS - Steve Horn's blog