Colorado

Thu, 2013-01-31 04:00Steve Horn
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Three States Pushing ALEC Bill To Require Teaching Climate Change Denial In Schools

The American Legislative Exchange Council (ALEC) - known by its critics as a "corporate bill mill" - has hit the ground running in 2013, pushing "models bills" mandating the teaching of climate change denial in public school systems. 

January hasn't even ended, yet ALEC has already planted its "Environmental Literacy Improvement Act" - which mandates a "balanced" teaching of climate science in K-12 classrooms - in the state legislatures of Oklahoma, Colorado, and Arizona so far this year. 

In the past five years since 2008, among the hottest years in U.S. history, ALEC has introduced its "Environmental Literacy Improvement Act" in 11 states, or over one-fifth of the statehouses nationwide. The bill has passed in four statesan undeniable form of "big government" this "free market" organization decries in its own literature.

ALEC's "model bills" are written by and for corporate lobbyists alongside conservative legislators at its annual meetings. ALEC raises much of its corporate funding from the fossil fuel industry, which in turn utilizes ALEC as a key - though far from the only - vehicle to ram through its legislative agenda through in the states. 

Tue, 2013-01-29 05:00Steve Horn
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Congressmen Supporting LNG Exports Received $11.5 Million From Big Oil, Electric Utilities

On Jan. 25, 110 members of the U.S. House of Representatives - 94 Republicans and 16 Democrats - signed a letter urging Energy Secretary Steven Chu to approve expanded exports of liquified natural gas (LNG).

It was an overt sign of solidarity with the Obama Administration Department of Energy's (DOE) LNG exports study, produced by a corporate consulting firm with long ties to Big Tobacco named NERA Economic Consulting (NERA is short for National Economic Research Associates), co-founded in 1961 by the "Father of Deregulation," Alfred E. Kahn. That study concluded exporting gas obtained from the controversial hydraulic fracturing ("fracking") process - sent via pipelines to coastal LNG terminals and then onto tankers - is in the best economic interests of the United States.  

A DeSmogBlog investigation shows that these 110 signatories accepted $11.5 million in campaign contributions from Big Oil and electric utilities in the run-up to the November 2012 election, according to Center for Responsive Politics data.

Big Oil pumped $7.9 million into the signatories' coffers, while the remaining $3.6 million came from the electric utilities industry, two industries whose pocketbooks would widen with the mass exportation of the U.S. shale gas bounty. Further, 108 of the 110 signers represent states in which fracking is occuring.  

Wed, 2013-01-16 11:15Steve Horn
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Breaking: Obama EPA Shut Down Weatherford, TX Shale Gas Water Contamination Study

The Associated Press has a breaking investigative story out today revealing that the Obama Administration's Environmental Protection Agency (EPA) censored a smoking gun scientific report in March 2012 that it had contracted out to a scientist who conducted field data on 32 water samples in Weatherford, TX.

That report, according to the AP, would have explicitly linked methane migration to hydraulic fracturing ("fracking") in Weatherford, a city with 25,000+ citizens located in the heart of the Barnett Shale geologic formation 30 minutes from Dallas.

It was authored by Geoffrey Thyne, a geologist formerly on the faculty of the Colorado School of Mines and University of Wyoming before departing from the latter for a job in the private sector working for Interralogic Inc. in Ft Collins, CO. 

This isn't the first time Thyne's scientific research has been shoved aside, either. Thyne wrote two landmark studies on groundwater contamination in Garfield County, CO, the first showing that it existed, the second confirming that the contamination was directly linked to fracking in the area.

It's the second study that got him in trouble.

"Thyne says he was told to cease his research by higher-ups. He didn’t," The Checks and Balances Project explained. "And when it came to renew his contract, Thyne was cut loose."

Tue, 2012-12-04 14:41Steve Horn
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ALEC, CSG, ExxonMobil Fracking Fluid "Disclosure" Model Bill Failing By Design

Last year, a hydraulic fracturing ("fracking") chemical fluid disclosure "model bill" was passed by both the Council of State Governments (CSG) and the American Legislative Exchange Council (ALEC). It proceeded to pass in multiple states across the country soon thereafter, but as Bloomberg recently reported, the bill has been an abject failure with regards to "disclosure."

That was by design, thanks to the bill's chief author, ExxonMobil

Originating as a Texas bill with disclosure standards drawn up under the auspices of the Obama Administration's Department of Energy Fracking Subcommittee rife with oil and gas industry insiders, the model is now codified as law in Colorado, Pennsylvania, and Illinois.

Bloomberg reported that the public is being kept "clueless" as to what chemicals are injected into the ground during the fracking process by the oil and gas industry.

The reality is far more messy, as reported in an August investigation by Bloomberg

"Energy companies failed to list more than two out of every five fracked wells in eight U.S. states from April 11, 2011, when FracFocus began operating, through the end of last year," wrote Bloomberg. "The gaps reveal shortcomings in the voluntary approach to transparency on the site, which has received funding from oil and gas trade groups and $1.5 million from the U.S. Department of Energy."

This moved U.S. Representative Diana DeGette (D-CO) to say that FracFocus and the model bills it would soon be a part of make a mockery of the term "disclosure."

"FracFocus is just a fig leaf for the industry to be able to say they’re doing something in terms of disclosure," she said.

"Fig leaf" is one way of putting it.

Another way of putting it is "public relations ploy." As Dory Hippauf of ShaleShock Media recently revealed in an article titled "FracUNfocusED," FracFocus is actually a PR front for the oil and gas industry.

Hippauf revealed that FracFocus' domain is registered by Brothers & Company, a public relations firm whose clients include America’s Natural Gas Alliance, Chesapeake Energy, and American Clean Skies Foundation - a front group for Chesapeake Energy. 

Given the situation, it's not surprising then that "companies claimed trade secrets or otherwise failed to identify the chemicals they used about 22 percent of the time," according to Bloomberg's analysis of FracFocus data for 18 states.

Put another way, the ExxonMobil's bill has done exactly what it set out to do: business as usual for the oil and gas industry.

Image Credit: ShutterStockbillyhoiler

Sun, 2012-11-11 12:53Farron Cousins
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Arch Coal Mine Will Destroy Colorado Wilderness in 'Roadless' Forest

In a devastating blow to the Colorado wilderness, the U.S. Forest Service has agreed to allow Arch Coal to expand their West Elk mine into 6.5 miles of roadless forest in Colorado.  This means that as soon as Arch Coal gets the “ok,” they will begin leveling a formerly pristine part of America’s beautiful wilderness.

The ruling of the Forest Service came after an appeal by conservation groups, led by EarthJustice, who hoped that the agency would have the decency to prevent the dirty energy industry from destroying a vital part of the environment.

From EarthJustice:

The appeal filed in September 2012 with the Forest Service’s Rocky Mountain Regional Forester in Denver, sought to overturn an August decision affirming Arch Coal’s West Elk mine expansion into roadless lands that provide habitat for lynx, black bear, elk and goshawk. The conservation groups argued that the mine expansion violates laws meant to protect wildlife, air quality, and forest lands, as well as the Colorado Roadless Rule.

“Smokey Bear has turned his back on Colorado’s natural, roadless lands,” said Ted Zukoski, staff attorney for Earthjustice, the public interest environmental law firm representing the groups. “Instead, the Forest Service has literally paved the way for a coal mega-corporation to destroy real bear habitat. The Sunset Roadless Area is a beautiful forest of aspen and giant spruce, beaver lodges and meadows, a home for elk and hawks. This is a place the Forest Service should be protecting for all Coloradoans, not sacrificing to appease special interests.”

In February of this year, EarthJustice and the environmental groups they represent won a legal battle against the Forest Service over the expansion of the mine.  During this fight, the Forest Service was unable to provide an adequate explanation of what they would do to prevent the destruction of the habitats of endangered bald eagles and lynx, as well as what measures would be put in place to prevent landslides.

Thu, 2012-10-18 13:20Steve Horn
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Fracking Your Future: Shale Gas Industry Targets College Campuses, K-12 Schools

In Pennsylvania - a state that sits in the heart of the Marcellus Shale basin - the concept of "frackademia" and "frackademics" has taken on an entirely new meaning.

On Sept. 27, the PA House of Representatives - in a 136-62 vote - passed a bill that allows hydraulic fracturing, or "fracking" to take place on the campuses of public universities. Its Senate copycat version passed in June in a 46-3 vote and Republican Gov. Tom Corbett signed it into law as Act 147 on Oct. 8.

The bill is colloquially referred to as the Indigenous Mineral Resources Development Act. It was sponsored by Republican Sen. Don White, one of the state's top recipients of oil and gas industry funding between 2000-April 2012, pulling in $94,150 during that time frame, according to a recent report published by Common Cause PA and Conservation Voters of Pennsylvania. Corbett has taken over $1.8 million from the oil and gas industry since his time serving as the state's Attorney General in 2004. 

The Corbett Administration has made higher education budget cuts totaling over $460 million in the past two consecutive PA state budgets. The oil and gas industry has offered fracking as a new fundraising stream at universities starved for cash and looking to fill that massive cash void, as explained by The Philadelphia Inquirer:

Thu, 2012-09-27 13:58Steve Horn
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Regulatory Non-Enforcement by Design: Earthworks Shows How the Game is Played

Earthworks Oil and Gas Accountability Project published a scathing 124-page report this week, "Breaking All the Rules: the Crisis in Oil & Gas Regulatory Enforcement."

The content of the report is exactly as it sounds.

That is, state-level regulatory agencies and officials often aren't doing the jobs taxpayers currently pay them to do and aren't enforcing regulations on active oil and gas wells even when required to under the law.

This is both out of neglect and also because they're vastly understaffed and underfunded, meaning they literally don't have the time and/or resources to do proper inspections.

And on those rare instances when regulatory agencies and the regulators that work for them do enforce regulations on active oil and gas wells, Earthworks demonstrated that the penalties for breaking the rules are currently so weak that it's merely been deemed a tiny "cost of doing business" by the oil and gas industry.

Fri, 2012-07-27 03:30Steve Horn
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Exposed: Pennsylvania Act 13 Overturned by Commonwealth Court, Originally an ALEC Model Bill

On July 26, the Pennsylvania Commonwealth 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.

Fri, 2012-07-06 19:00Farron Cousins
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Hot Enough For Ya? Extreme Weather Events Consistent With Climate Change Science

Large portions of the U.S. are on fire. Record droughts currently encompass massive swaths of America. The areas not experiencing droughts have been inundated with flooding. Winter weather in many areas was almost non-existent. A few years ago, an Academy Award-winning film called “An Inconvenient Truth” warned wary Americans that all of these events would become the new normal due to climate change. But these are no longer warnings – this is the reality that we’re living in now.

It is becoming increasingly more difficult to ignore the evidence of extreme weather that surrounds all of us. And it isn’t just the United States. Every corner of the globe is experiencing the direct effects of climate change in some form or fashion. And again, we were warned that all of this was going to happen.

My hometown of Gulf Breeze, Florida feels like it's been a petri dish for climate change disaster stories. In the past month, we’ve had two separate droughts that were both ended by flash flooding. In between these events, we avoided a hit from pre-season tropical storm Debby, which turned eastward and drenched central Florida with torrential rains. Last weekend we had a heat index of 112 degrees, and I awoke this morning (again, after weeks of drought) to find half of my yard underwater due to coastal flooding.

In the U.S., the reality of climate change has certainly been an eye opener for many Americans.
 

Fri, 2012-06-01 15:46Steve Horn
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Massey WV Coal Battle Take Two: Erie, CO Citizens Fight Fracking

Erie, CO meet Naoma, WV. Though seemingly different battles over different ecologically hazardous extractive processes -- hydraulic fracturing ("fracking") for unconventional gas versus mountaintop removal for coal -- the two battles are one in the same and direct parallels of one another. 

On June 2, a coalition of activist organizations led by Erie Rising and joined by the likes of the Sierra Club, the Mark Ruffalo-lead Water Defense, the Angela Monti Fox-lead Mothers Project (mother of "Gasland" Producer and Director, Josh Fox), Food and Water Watch (FWW), among others, will take to Erie, CO to say "leave and leave now" to EnCana Corporation.

EnCana has big plans to drill baby drill in Erie.

It "plans to frack for natural gas near three local schools and a childcare center," according to a press release disseminated by FWW. "On June 2, the event in Erie will give voice to those immediately affected by fracking there, and to all Americans marred by the process, becoming ground zero for the national movement to expose the dangers associated with fracking."

The action is a simple one: a "rally and vigil to protest gas industry giant Encana’s plans to frack for natural gas near Red Hawk Elementary, Erie Elementary, Erie Middle School and Exploring Minds Childcare Center and transport toxic fracking by-products on roads that come within feet of these and other community schools," reads the FWW press release.

Like the battle in Erie of today, the battle in Naoma involved, as Schabacker put it in his interview, "mothers' standing up to protect their children in their community." Ted Nace, Director of Coalswarm, a project on the Center for Media and Democracy's Sourcewatch project and author of the book Climate Hope: On the Front Lines of the Fight Against Coal, told DeSmogBlog in an interview that it is these types of battles that win the hearts and minds of regular everyday people.

"Movements need rallying points and a movement needs to have cases of high visibility local impact," said Nace.

"Those people who think about building movements should keep their eyes open to such cases. People at the local level are also looking to get visibility for their community. And I do think one of the big dimensions of environmental activism is finding stories that resonate for people. It's a lot easier for people to comprehend a story that involves other peoples' families than it is to understand a story about some unpronouncable chemical."

Eventually, after a long, hard grassroots fight, often involving civil disobedience, Massey Energy (with financial help from the Annenberg Foundation) was pressured into building a new school for the community away from the Upper Big Branch Mine. 

Time will tell whether Erie sees similar success. The parallel, at the very least, is an interesting one. 

Image creditShutterstock | Cindi Wilson

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