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Whether Approved Or Not, Keystone XL Has Been A Victory For Lobbyists

For the past six years, lobbyists in Washington have made a killing shilling either for or against the Keystone XL tar sands pipeline.  And with no clear end in sight, the folks on K Street will continue to see a flurry of cash headed in their direction.

During last year’s heated presidential race, groups spent close to $16 million directly related to the Keystone XL pipeline, with most of that money coming from industry and other proponents of the pipeline.  While opponents of the pipeline spent a few million last year – with at least one million pledged this year to fight against KXL – the lion’s share of the money spent on lobbying comes from the dirty energy industry.

Bloomberg reported the following on how intense the lobbying showdown has been in recent years:

Republican Congressman Says Syrian Conflict A Boon For Keystone XL

Will the turmoil in the Middle East surrounding Syria expedite approval of the Keystone XL pipeline?  North Dakota Republican Senator John Hoeven believes it will.

Louisiana Governor Jindal Not Buying BP Spin on Gulf Coast Impacts

Have environmental priorities finally trumped extreme right wing politics in the deep south? 

Louisiana's Republican governor Bobby Jindal has heard enough from oil giant BP, taking them to task recently for destroying sensitive coastal areas during the 2010 Deepwater Horizon oil disaster.

For those of us who live along the Gulf Coast, it's good to see that Louisiana Governor Bobby Jindal is fed up with BP’s ongoing ad campaign. Designed to greenwash their performance as compassionate and caring, BP's ads instead suggest that the families impacted by the 2010 Gulf Coast oil spill are greedy and corrupt - it's the mirror opposite of reality. 

At a recent gathering of the Gulf Coast Ecosystem Restoration Council, Jindal said, “Three and a half years later, BP is spending more money – I want you to hear this – they are spending more money on television commercials than they have on actually restoring the natural resources they impacted.”

Mother Jones quotes Jindal to the Council:  “BP needs to stop spending hundreds of millions of dollars on their public relations campaign telling us how great they are and start proving it by addressing their Clean Water Act and Natural Resources Damage liabilities now.”

"Frackademia" By Law: Section 999 of the Energy Policy Act of 2005 Exposed

With the school year starting for many this week, it's another year of academia for professors across the United States - and another year of “frackademia” for an increasingly large swath of “frackademics” under federal law. 

“Frackademia” is best defined as flawed but seemingly legitimate science and economic studies on the controversial oil and gas horizontal drilling process known as hydraulic fracturing (“fracking”), but done with industry funding and/or industry-tied academics (“frackademics”). 

While the “frackademia” phenomenon has received much media coverage, a critical piece missing from the discussion is the role played by Section 999 of the Energy Policy Act of 2005. Although merely ten pages out of the massive 551-page bill, Section 999 created the U.S. Department of Energy-run Research Partnership to Secure Energy for America (RPSEA), a “non-profit corporation formed by a consortium of premier U.S. energy research universities, industry and independent research organizations.” 

Under the Energy Policy Act of 2005, RPSEA receives $1 billion of funding - $100 million per year - between 2007 and 2016. On top of that, Section 999 creates an “Oil and Gas Lease Income” fund “from any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases.” The federal government put $50 million in the latter pot to get the ball rolling. 

The Energy Policy Act of 2005's ”Halliburton Loophole” - which created an enforcement exemption from the Clean Water Act and the Safe Drinking Water Act for fracking, and made the chemicals found within fracking fluid a “trade secret” - is by far the bill's most notorious legacy for close followers of fracking.

These provisions were helped along by then-Vice President Dick Cheney's Energy Policy Task Force, which entailed countless meetings between Big Oil lobbyists and executives and members of President George W. Bush's cabinet. Together, these lobbyists and appointees hammered out the details behind closed doors of what became the Energy Policy Act of 2005, a bill receiving a “yes” vote by then-U.S. Sen. Barack Obama.

BP Launches Massive PR Campaign To Demonize Oil Spill Victims

BP, the oil giant that, along with Halliburton and Transocean, was responsible for the 2010 Deepwater Horizon oil rig explosion and oil leak in the Gulf of Mexico, is crying foul in the claims process of settlements for the victims of the spill.  The company has launched a massive public relations offensive to paint themselves as the victims in this situation.

According to The Hill, BP CEO Bob Dudley said recently that the entire claims process has been “absurd,” and that his company has been more than generous with their payments.  BP spokesperson Geoff Morrell said:  “While we remain committed to paying legitimate claims, we did not agree to pay for fictitious losses, or for claims that are based on fraud or tainted by corruption.”

While the overall PR war may appear to be aimed at the victims along the Gulf Coast, the real targets of BP’s campaign are trial lawyers.  They have even enlisted the help of the largest business lobby and strongest advocates for “tort reform”, the U.S. Chamber of Commerce.

The Hill reports that a recent ad placed by BP in The Washington Post quoted National Association of Manufacturers CEO Jay Timmons, saying, “Too often these days, the tort system is nothing more than a trial-lawyer bonanza, and that’s not fair to individuals seeking redress and no way to encourage investment in manufacturing to create tomorrow’s high-paying jobs.”

The reason that the company is trying to paint the claims process as plagued with fraud is that they had underestimated the amount of claims that they would have to pay out, and their settlement fund is quickly running dry.  This means that subsequent payments will have to come directly out of the company’s profits, a move that is not sitting well with shareholders who were promised that the price tag would not exceed $8 billion

The Deadly Truth About Oil And Gas Industry Safety Standards

A new report delivers a dire warning to employees in the oil and gas industries: Your job could be the death of you.  According to recently released statistics from 2012, on the job deaths in the oil and gas industries spiked by a staggering 23% last year, a larger increase than any other employment sector in the United States.

U.S. Labor Secretary Thomas Perez said that the amount of deaths within the industry was “unacceptable.”  In 2012, according to labor statistics, there were 138 on the job deaths in the oil and gas industry, which is an increase from the 112 deaths that occurred in the prior year.  This is a stark contrast to all industries, as the total number of worker deaths across the board decreased last year.

The trend in oil and gas industry deaths is nothing new.  Between 2003 and 2010, the industry had the highest death toll in the United States, beating out all other industries for worker deaths.  The majority of these deaths are due to workers being struck by equipment, struck by vehicles, and occasionally a major catastrophic accident, like the BP refinery explosion in Texas in 2005, and the Deepwater Horizon oil rig explosion in 2010.

BP Attacks Oil Spill Victims, Tries To Hide Criminal Past

In recent corporate public relations attempts, BP has tried to shift the public’s focus from its corporate wrongdoing and outright criminal behavior to criticizing BP's victims and their legal representatives. According to a privileged, plaintiff’s attorney work document, BP has dumped over $500 million into PR, attacking “judges, special masters, and claimants’ lawyers - trying to change the focus from its tragic track record of ignoring safety and deepwater despair.”

Louisiana Sues Oil Companies For Wetlands Damage in Gulf Showdown

After decades of operating with complete disregard for the environment, the dirty energy industry finally has to face the music for destroying the wetlands that form a natural barrier against storm damage in the state of Louisiana.

The suit, filed by the board of the Southeast Louisiana Flood Protection Authority-East, claims that the oil and gas industry's irresponsible pipeline placement, drilling, and excavation methods have eroded and polluted vital wetlands in Louisiana. 

The New York Times has more:

The board argues that the energy companies, including BP and Exxon Mobil, should be held responsible for fixing damage done by cutting thousands of miles of oil and gas access and pipeline canals through the wetlands. It alleges that the network functioned “as a mercilessly efficient, continuously expanding system of ecological destruction,” killing vegetation, eroding soil and allowing salt water into freshwater areas…

The suit argues that the environmental buffer serves as an essential protection against storms by softening the blow of any incoming hurricane before it gets to the line of levees, flood walls, and gates and pumps maintained and operated by the board. Losing the “natural first line of defense against flooding” means that the levee system is “left bare and ill-suited to safeguard south Louisiana,” the lawsuit says.  The “unnatural threat” caused by exploration, it states, “imperils the region’s ecology and its people’s way of life — in short, its very existence.”

The suit alleges that the wetlands, which took more than 6,000 years to form, provide vital protection for the state from the impacts of severe storms, floods, and hurricanes.  The degradation caused by the dirty energy industry’s activities leaves the state more vulnerable to the effects of severe weather. 

Keystone XL Scandal: Obama Attorney's Law Firm Represents TransCanada's Pipeline in Alaska

DeSmogBlog investigation reveals that Robert Bauer, former White House Counsel and President Barack Obama's personal attorney, works at the corporate law firm Perkins Coie LLP, which does legal work for TransCanada's South Central LNG Project, formerly known as Alaska Gas Pipeline Project.

Furthermore, 
Dan Sullivan, current Commissioner of Alaska's Department of Natural Resources, and former Alaska Attorney General and former Assistant Secretary of State in the Bush Administration, is a former Perkins attorney. 

These findings come in the immediate aftermath of a recent investigation revealing the contractor hired by Obama's U.S. State Department to do the Supplemental Environmental Impact Statement (SEIS) for the northern half of TransCanada's Keystone XL tar sands export pipeline - Environmental Resources Management, Inc. (ERM Group) - lied on its June 2012 conflict-of interest filing. ERM Group checked the box on the form saying it had no current business ties to TransCanada.

In fact, ERM - a member of the American Petroleum Institute (API), which has spent over $22 million lobbying on tar sands and Keystone XL since 2008 - does maintain business ties to TransCanada, the investigation revealed. This includes an ongoing consulting relationship with South Central LNG, co-owned by TransCanada, ExxonMobil, BP and ConocoPhillips.

Under 18 USC § 1001, making a “materially false, fictitious, or fraudulent statement or representation…[to the] executive, legislative, or judicial branch of the Government of the United States“ is a crime punishable by up to five years in jail

On top of his job at Perkins Coie, Bauer - a well-known architect of bending campaign finance law to allow more corporate money to flood into electoral races - served as general counsel to President Obama’s 2012 reelection campaign. He also serves as general counsel to the Democratic National Committee and did electoral law work for John Kerry's 2004 presidential campaign. 

His wife, Anita Dunn is the co-owner of SKDKnickerbocker, former Obama Communications Director, senior advisor for Obama's 2012 re-election campaign and is the former communications director for the Democratic Senatorial Campaign Committee under then-Senator Kerry. She's met with top Obama administration officials more than 100 times since leaving in 2009, according to a recent New York Times investigation. 

Dunn currently does public relations work on behalf of TransCanada and freight rail industry lobbying group, American Association of Railroads (AAR). The tar sands pipeline boom comes alongside a freight rail boom to carry tar sands crude and fracked oil from North Dakota's Bakken Shale.

Arkansas Hires Notorious Private Contractor To Clean Up Mayflower Tar Sands Spill, Same Firm Also Contracted For KXL

Arkansas' Attorney General Dustin McDaniel has contracted out the “independent analysis of the cleanup” of the ExxonMobil Pegasus tar sands pipeline spill to Witt O'Brien's, a firm with a history of oil spill cover-ups, a DeSmogBlog investigation reveals. 

At his April 10 press conference about the Mayflower spill response, AG McDaniel confirmed that Exxon had turned over 12,500 pages of documents to his office resulting from a subpoena related to Exxon's response to the March 29 Pegasus disaster. A 22-foot gash in the 65-year-old pipeline spewed over 500,000 gallons of tar sands dilbit through the streets of Mayflower, AR

McDaniel also provided the media with a presser explaining that his office had “retained the assistance of Witt O’Brien’s, a firm whose experts will immediately begin an independent analysis of the cleanup process.” 

Witt O'Brien's describes itself as a “global leader in preparedness, crisis management and disaster response and recovery with the depth of experience and capability to provide services across the crisis and disaster life cycle.”

But the firm's actual performance record isn't quite so glowing. O'Brien's has had its hands in the botched clean-up efforts of almost every high-profile oil spill disaster in recent U.S. history, including the Exxon Valdez spill, the BP Deepwater Horizon spill, the Enbridge tar sands pipeline spill into the Kalamazoo River, and Hurricane Sandy. 

Most troubling of all, Witt O'Brien's won a “$300k+ contract to develop a Canadian-US compliant Oil Spill Emergency Response Plan for TransCanada’s Keystone Oil Pipeline Project” in Aug. 2008.

Thus, if the Keystone XL (KXL) pipeline inevitably suffered a major spill, Witt O'Brien's would presumably handle the cleanup. That should worry everyone along the proposed KXL route.

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