koch industries

Is Koch Industries Lobbying the EU Over Natural Gas?

America’s largest privately owned energy company, Koch Industries, has been lobbying on “energy markets/financial regulation” reveals new data released by the interactive lobby database, EU Integrity Watch launched at the end of June.

On 28 April, Koch’s lobbyist met with Lee Foulger, an EU cabinet member working under European Commissioner Jonathan Hill. Hill’s team works on financial stability, financial services and the Capital Markets Union – Europe's flagship project to build a single finance market for all 28 Member States.

According to the database, this is the only lobby meeting the representative for Koch’s legal, lobbying and public affairs arm – known as Koch Companies Public Sectors – has had in the last six months with a member of the European commission. Meetings prior to December 2014 are not available online.

Are the Koch Brothers Trying to Influence TTIP Negotiations?

The latest release of lobbying data on the European Commission’s Transparency Register has raised concerns that the fossil-fuelled Kochs are trying to influence the Transatlantic Trade and Investment Partnership (TTIP) negotiations.

Digging through the data, DeSmog UK found that the European arm of Koch Industry’s legal, lobbying and public affairs branch – known as Koch Companies Public Sector LLC – has spent up to £0.5m lobbying EU policymakers on the environment, energy and free trade.

And according to the voluntary register, Koch Industries – the largest privately owned energy company in the United States, known for funding climate denial groups – has a particular interest in lobbying on the “EU’s free trade agreement negotiations.”

Exclusive: Koch Industries Lobbying Europe on Environment, Energy, and Free Trade

Koch Industries, the largest privately owned energy company in the United States, is lobbying European policymakers on the environment, energy markets and EU free trade agreement negotiations, according to the recently updated Transparency Register set up by the European Commission.

The company, known for funding climate denial groups, has declared on the voluntary Register that it has spent between €200,000 and €299,999 ($223,634–$335,449 or £142,464–£213,695) on its European lobby efforts in 2014. This is similar to the amount declared for 2013 (€200,000–€250,000) and more than that declared in 2012 (€150,000–€200,000), which was the first year for which the Kochs entered data into the EU registry.

As the Transparency Register shows, the main focus for Koch lobbying in Europe last year relates to “all initiatives on the areas of environmental protection, trade and internal market, such as the recast of the fertilizer regulation, REACH [the EU's regulation on the Registration, Evaluation, Authorisation and restriction of Chemicals], and EU’s free trade agreement negotiations.”

Charles Koch Admits Climate Change is Happening, Then Denies the Problem

As the nation warily watches every Republican presidential candidate kiss the ring of billionaire donor Charles Koch for a shot at his network's $300,000,000 pool of presidential cash, Charles Koch did something unusual. Last week's USA Today interview with Charles Koch noted his shifting opinion on what he calls climate change “hysteria:”

For the record, Koch says this of climate change: “You can plausibly say that CO2 has contributed” to the planet's warming, but he sees “no evidence” to support “this theory that it's going to be catastrophic.”

Wait…Charles Koch just accepted that the planet is warming? Hold your applause.

Oiling The Machinery Of Climate Change Denial And Transit Opposition

This is a guest post by David Suzuki.

Brothers Charles and David Koch run Koch Industries, the second-largest privately owned company in the U.S., behind Cargill. They’ve given close to US$70 million to climate change denial front groups, some of which they helped start, including Americans for Prosperity, founded by David Koch and a major force behind the Tea Party movement.

Through their companies, the Kochs are the largest U.S. leaseholder in the Alberta oilsands. They’ve provided funding to Canada’s pro-oil Fraser Institute and are known to fuel the Agenda 21 conspiracy theory, which claims a 1992 UN non-binding sustainable development proposal is a plot to remove property rights and other freedoms.

Researchers reveal they’re also behind many anti-transit initiatives in the U.S., in cities and states including Nashville, Indianapolis, Boston, Virginia, Florida and Los Angeles. They spend large amounts of money on campaigns to discredit climate science and the need to reduce greenhouse gases, and they fund sympathetic politicians.

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.” 

Peabody Coal Lawyer Laurence Tribe, Obama's Law Professor, Testifies in Congress vs. EPA Carbon Rule

Laurence Tribe, constitutional law professor at Harvard Law School and of-counsel at the firm Massey & Gail LLP, recently testified in front of the U.S. House Committee on Energy and Commerce against the proposed U.S. Environmental Protection Agency (EPA) carbon rule

Currently working as legal counsel for coal industry giant Peabody Energy and helping the company write comments, Tribe submitted a 57-page legal memo to accompany his five-minute testimony (starting at 22:43). In December 2014, Tribe submitted 35 pages worth of comments to the EPA on its proposed rule.

Joining Tribe were both New York University School of Law professor Richard Revesz and Hunton & Williams attorney Allison Wood, who testified for and against the Clean Power Plan, respectively. But Tribe served as the star witness and fielded most of the questions from the Committee during the question-and-answer session.

Fittingly given his distinguished legal background, Tribe argued against the Clean Power Plan on constiutional law grounds. 

“Burning the Constiution should not become part of our national energy policy,” Tribe wrote in the early pages of the legal memo he submitted to the Committee. “At its core, the issue the Clean Power Plan presents is whether EPA is bound by the rule of law and must operate within the framework established by the United States Constitution.”

He also proposed a solution — favored by his client Peabody  in a section titled, “There is a Better Way.”

“The United States could…support carbon capture and storage technologies,” Tribe wrote, not mentioning Peabody's advocacy for so-called “clean coal.” 

“An 'all of the above' energy policy can support all forms of domestic energy production that will minimize carbon emissions, protect consumers and American jobs, and ensure that the U.S. remains independent from unreliable foreign sources of energy.”

After Oregon Rejects Coal Export Plan, Long Beach Votes to Export Coal and PetKoch

Just a day after the Oregon Department of State Lands shot down a proposal to export 8.8 million tons per year of coal to Asia from the Port of Morrow in Boardman, Oregon, the Long Beach City Council achieved the opposite.

In a 9-0 vote, the Council voted “yay” to export both coal and petroleum coke (petcoke, a tar sands by-product) to the global market — namely Asia — out of Pier G to the tune of 1.7 million tons per year. Some have decried petcoke as “dirtier than the dirtiest fuel.“ 

More specifically, the Council determined that doing an environmental impact statement before shipping the coal and petcoke abroad was not even necessary. 

decision originally made in June and then appealed by Earthjustice on behalf of the Sierra Club, Natural Resources Defense Council (NRDC) and Communities for a Better Environment, the Council shot down the appeal at an August 19 hearing

“We are very disappointed about the decision, but that does not diminish the amazing victory in Oregon,” Earthjustice attorney Adrian Martinez said in a statement provided to DeSmogBlog via email. “The decision in Long Beach just highlights the grasp that the fossil fuel industry has on the City's leaders.”

The Earthjustice legal challenge and the the subsequent August 19 hearing was not about banning coal or petcoke exports. Rather, Earthjustice and its clients requested that the City of Long Beach do an environmental impact statement for two companies given contracts to export the commodities for 15-20 years.

One of those companies, Oxbow Carbon, is owned by the “Other Koch Brother,” William “Bill” Koch. Like his brothers David and Charles Koch, he has made a fortune on the U.S. petcoke storage and export boom. Also like his brothers, he is a major donor to the Republican Party.

Court: Key Environmental Law Doesn't Apply to Part of Enbridge Keystone XL "Clone"

Keystone XL Clone Flanagan South

A U.S. District Court for the District of Columbia has ruled that Enbridge’s 600-mile-long Flanagan South Pipeline, a Keystone XL “clone,” is legally cleared to proceed opening for business in October

Approved by the U.S. Army Corps of Engineers via a controversial regulatory mechanism called Nationwide Permit 12 (NWP 12), Judge Kentanji Brown Jackson, an Obama-appointed judge, ruled NWP 12 was not a federal government “action.” Thus, Brown posited that Enbridge did not need to use the National Environmental Policy Act (NEPA) regulatory process and NWP 12 was up to snuff.

The case pitted the Sierra Club and the National Wildlife Federation (NWF) against the Army Corps of Engineers and Enbridge and has lasted for just over a year, with the initial complaint filed on August 13, 2013 (Case #: 1:13-cv-01239-KBJ). 

Sierra Club and NWF submitted the recent precedent-setting Delaware Riverkeeper v. Federal Energy Regulatory Commission (FERC) case as supplemental authority for Sierra Club v. U.S. Army Corps of Engineers on the day that decision was handed down. 

But Jackson brushed it aside, saying it doesn't apply to Flanagan South, despite the fact that the Delaware Riverkeeper v. FERC decision said that a continuous pipeline project cannot be segmented into multiple parts to avoid a comprehensive NEPA review.

Although Enbridge will operate this project as a single pipeline, Flanagan South was broken up into thousands of “single and complete” projects by the Army Corps of Engineers. This helped Enbridge skirt the requirement of a more comprehensive and public-facing NEPA review, which involves public hearings and a public comment period.

“Here, not only was there no NEPA analysis of this massive project, there was never any public notice or opportunity for involvement before it was constructed across four states,” Sierra Club attorney for the case, Doug Hayes, told DeSmogBlog. “The entire thing was permitted behind closed doors.”

For all intents and purposes, then, Flanagan South is a fait accompli and tar sands diluted bitumen (“dilbit”) will begin pumping through it as summer turns to fall. 

Green Billionaires Club? David Vitter Owns Stock in Coal Utilities Fighting EPA Carbon Rules

On July 30, the Republican minority of the U.S. Senate Committee on Environment and Public Works, headed by Sen. David Vitter, released a report titled “The Chain of Environmental Command: How a Club of Billionaires and Their Foundations Control the Environmental Movement and Obama’s EPA.”

Critics of the report say it is propaganda designed to skewer the Obama EPA and environmental philanthropists for “conspiring to help the environment.”

Vitter's chief source of campaign cash is the oil and gas industry and he recently called the billionaire Koch Brothers “two of the most patriotic Americans in the history of the Earth.” 

What the 92-page report leaves out is that Vitter — an esteemed member of the Senate “Millionaires Club” — owns tens of thousands of dollars in stocks of the electric utility Wisconsin Energy Corporation (We Energies), which owns major coal-fired power plants in both Oak Creek, Wisc. and Pleasant Prairie, Wisc.

We Energies says it stands to lose economically if the proposed Obama EPA carbon rules are implemented, citing the potential risks related to legislation and regulation in its most recent U.S. Securities and Exchange Commission (SEC) Form 10-Q.

“Any legislation or regulation that may ultimately be adopted, either at the federal or state level, designed to reduce GHG emissions could have a material adverse impact on our electric generation and natural gas distribution operations,” We Energies stated on the form.

“Such regulation could make some of our electric generating units uneconomic to maintain or operate, and could adversely affect our future results of operations.”

We Energies CEO Gale Klappa also voiced dissatisfaction with the proposed rule during his company's most recent earnings call, saying the company will submit comment to the EPA as part of the public comment period.

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