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EELI’s Anti-EPA Suit Uses 'Exhibit A’ from Tobacco's RICO Loss

This is a guest post by ClimateDenierRoundup cross-posted from DailyKos.

Apologies dear reader, this is a long post. It’s worth reading, though, we promise!

With few exceptions (like this weak WSJ column), the folks defending Exxon from RICO accusations focus their attention on the free speech argument and avoid the tobacco comparison. But now one of their own, Dr. James Enstrom, has provided a painfully clear connection between the beleaguered industries.  

The Daily Caller carries the news that the Energy & Environment Legal Institute’s (EELI) latest attempt to waste its (probably coal) funders' money is a lawsuit against the EPA, claiming an independent review panel for air quality regulations isn’t actually independent. Their reason is that members of the panel have received funding from the EPA for past studies.

Obviously, that’s ridiculous, since public and private funding are vastly different in terms of conflict of interest.  

So what does a real conflict of interest look like? For a prime example, look no further than the plaintiffs EELI is representing: The Western States Trucking Association (WSTA) and Dr. James Enstrom. 

Exxon's Lawyer in Climate Science Probe Has History Helping Big Tobacco and NFL Defend Against Health Claims

Ted Wells, an attorney hired by ExxonMobil to represent the company against accusations it lied about the climate risks of burning fossil fuels, also represented the tobacco industry in the lawsuit brought by the U.S. Department of Justice in 1999 under the Racketeer Influenced and Corrupt Organizations (RICO) Act, DeSmog has found. Wells also defended the National Football League (NFL) in the infamous “Deflategate” matter as well as in litigation over the far more serious issue of concussions. 

Wells has represented ExxonMobil since at least December 2015, following New York Attorney General Eric Schneiderman's announcement that his office would probe Exxon's role in funding climate change denial despite its long-held understanding and pioneering research into climate change.

Wells' name also appears on an April 13 legal filing Exxon submitted in response to a subpoena issued by the Virgin Islands' AG Office, a sign the “private empire” has retained him for the wider probe being carried out by a group pf Attorneys General.

What You've Always Been Getting Wrong About Big Tobacco Funding Climate Deniers

The DeSmog UK epic history series marches on as Roger Bate continues to court the tobacco industry. He was a man on a mission. This is part two of an epic history double-feature.

The Secret Love Affair Between Roger Bate and Big Tobacco

Our latest DeSmog UK epic history post reveals how the once-hidden romance between Roger Bate of the Institute of Economic Affairs and Big Tobacco became a public affair.

The relationship between the young Roger Bate and the Big Tobacco companies is intriguing.

Bate was recruited as head of the Institute of Economic Affairs’ (IEA) Environment Unit. As such, he midwifed British climate scepticism, offering to place stories in the Financial Times and The Wall Street Journal as a representative of a health charity.

You'll Never Guess Who Attended Britain's First Major Climate Denial Conference

DeSmog UK’s epic history series looks back at the conference that marked the first major event where climate sceptic views were promoted in England.

This year marks the 20th anniversary of Britain's first major climate denial conference. You'll never guess who attended – and who paid for it.

In October 1995, John Blundell – the newly appointed director of free market think tank the Institute of Economic Affairs (IEA) – opened his second major conference Environmental Risk: Perception and Reality at the four-star Stakis St Ermin's Hotel on Caxon Street in London.

The advertised speakers included Blundell’s old friend Fred Smith, the founder of the Koch-funded Competitive Enterprise Institute (CEI), who had flown over from the United States along with the coal-funded sceptic scientist Dr Patrick Michaels.

High-Techs Abandon ALEC, Fossil and Tobacco Wolf In Business Suit

As Google, Yahoo, Facebook, Yelp and other high-tech Silicon Valley companies abandon the American Legislative Exchange Council (ALEC), a few facts need more emphasis to understand this wolf in business clothes, bringing “sample bills” to legislatures.

ALEC is a tax-exempt 501(c)(3) “public charity,” as per its IRS Form 990s.  Donations to it get tax breaks. Common Cause filed complaints against ALEC in 2012 and 2013, but these take years, as do similar complaints related to Fakery 2: More Funny Finances, Free of Tax.

High-tech companies finally noticed problems with climate change policies at ALEC, unsurprising given the strong influence of fossil energy companies. But companies also were effectively side-by-side with Big Tobacco, whose continued existence requires nicotine addiction of adolescents, which only works by “rewiring” the brain during rapid development that ends by age 25 or usually earlier.

ALEC includes the usual think tanks that attack science and support both industries. Does ALEC have a monopoly on access to power? Can reasonable business people find no representation except through a group that is often anti-science, anti-environment and anti-health?

Southwestern Energy Executive Mark Boling Admits Fracking Link to Climate Change

An Executive* of a major shale gas development company has conceded what scientists have been saying for years: global shale gas development has the potential to wreak serious climate change havoc.

Best known for his company's hydraulic fracturing (“fracking”) activity, Southwestern Energy Executive Vice President* Mark Boling admitted his industry has a methane problem on the May 19 episode of Showtime's “Years of Living Dangerously” in a segment titled, “Chasing Methane.”

“I think some of those numbers, they certainly concern me,” Boling says on the show. “How could you say that that methane emission rate was one and a half percent - very, very difficult to there from here for that.” 

Boling goes toe to toe in the segment with Cornell University Professor Anthony Ingraffea, who co-authored the 2011 paper now best known as the “Cornell Study.”

That study was the first to say that over its entire lifecycle, shale gas production is dirtier than coal due to the greenhouse gas trapping capacity of leaking methane. Numerous studies since then have depicted high leakage rates throughout the production lifecycle. 


Cornell University Professor Anthony Ingraffea; Photo Credit: Cornell University

Brendan DeMelle, DeSmogBlog Executive Director and Managing Editor, is also a featured guest on tonight's episode. He discusses the well-funded climate change denial machine and attacks on renewable energy development in a segment titled, “Against the Wind.”

Keystone XL Decision Delayed Again? Inspector General Pushes Report on ERM Scandals to January

Did the Obama administration's decision on the Keystone XL tar sands pipeline just get delayed again? Quite possibly, since the State Department Inspector General announced today that it has delayed until January the release of its review of the scandals surrounding Environmental Resources Management, Inc., the contractor chosen by TransCanada to perform State's Keystone XL environmental review. 

Although the State Department was evasive about whether the IG's announcement signals a delay in the administration's decision, it would seem odd for President Obama and Secretary of State John Kerry to decide on the fate of the KXL export pipeline without waiting for the results of this critical report.  

Bloomberg News and The Hill broke the news about the delay, and all signs point to the fact that State's “inquiry” has morphed into a thorough conflicts-of-interest investigation into ERM's financial ties to TransCanada and other scandals. 

Ever since the March 2013 release of the State Department's environmental impact statement, critics have pointed to ERM Group's historical ties to Big Tobacco, its green-lighting of controversial projects in Peru and the Caspian Sea, and its declaration that a tar sands refinery in Delaware made the air “cleaner,” among many other industry-friendly rulings.  

Worst of all, perhaps - and potentially in violation of federal law - ERM Group lied on its State Department contract, claiming it had no business ties to TransCanada and the tar sands industry. The facts showed otherwise. 

This latest development certainly raises the prospect of a further delay, if not another sign that the Keystone XL will be rejected by President Obama.   

Mark Fiore Unveils "Keystone Clones" Cartoon on Keystone XL Corruption Ring

mark fiore tar sands timmy keystone xl

Mark Fiore - the Pulitzer Prize-winning political cartoonist satirist - has a new video out that in two-minutes pokes fun at the perverse conflicts of interest that've prevailed throughout debate over the prospective Keystone XL northern half.

It's these conflicts of interest that DeSmogBlog has focused on in the past several months since the March 2013 release of the sham U.S. State Department Keystone XL environmental review. Some of the conflicts of interest covered in Fiore's 2-minute video titled “Keystone Clones” now up on Moyers and Company's website include:

-Anita Dunn/Robert Bauer Scandal: Described as a “Power Couple” by NewsweekAnita Dunn is President Barack Obama's former communications director and was a top-level communications advisor for Obama's 2008 run for president and Secretary of State John Kerry's 2004 run for president. Through her PR firm SKDKnickerbocker, she does communications work for TransCanada, owner of the Keystone XL pipeline.

Her husband Robert “Bob” Bauer is Obama's personal attorney, former White House Counsel under Obama, and served as the election law attorney for Kerry in 2004 and Obama in 2008 and 2012. Infamous in election law reform circles for his attempts to bend election law in such a way as to flood the electoral system with more money, Bauer's law firm Perkins Coie also has an attorney-client relationship with TransCanada.

-ERM Group Scandals: Obama's State Department chose a Big Oil-connected contractor named Environmental Resources Management, Inc. (ERM Group) to do the environmental review for Keystone XL's northern half. ERM - which historically also did contract work for Big Tobacco - has rubber-stamped ecologically hazardous projects in the Caspian Sea-area, Peru, Delaware and now the Keystone XL.

Given this shady track record, it's unsurprising it also said the pipeline's northern half - if built - would have negligible climate change impacts. 

Study Confirms Tea Party Was Created by Big Tobacco and Billionaires

A new academic study confirms that front groups with longstanding ties to the tobacco industry and the billionaire Koch brothers planned the formation of the Tea Party movement more than a decade before it exploded onto the U.S. political scene.

Far from a genuine grassroots uprising, this astroturf effort was curated by wealthy industrialists years in advance. Many of the anti-science operatives who defended cigarettes are currently deploying their tobacco-inspired playbook internationally to evade accountability for the fossil fuel industry's role in driving climate disruption.

The study, funded by the National Cancer Institute of the National Institute of Health, traces the roots of the Tea Party's anti-tax movement back to the early 1980s when tobacco companies began to invest in third party groups to fight excise taxes on cigarettes, as well as health studies finding a link between cancer and secondhand cigarette smoke.

Published in the peer-reviewed academic journal, Tobacco Control, the study titled, 'To quarterback behind the scenes, third party efforts': the tobacco industry and the Tea Party, is not just an historical account of activities in a bygone era. As senior author, Stanton Glantz, a University of California, San Francisco (UCSF) professor of medicine, writes:

“Nonprofit organizations associated with the Tea Party have longstanding ties to tobacco companies, and continue to advocate on behalf of the tobacco industry's anti-tax, anti-regulation agenda.”

The two main organizations identified in the UCSF Quarterback study are Americans for Prosperity and Freedomworks. Both groups are now “supporting the tobacco companies' political agenda by mobilizing local Tea Party opposition to tobacco taxes and smoke-free laws.” Freedomworks and Americans for Prosperity were once a single organization called Citizens for a Sound Economy (CSE). CSE was founded in 1984 by the infamous Koch Brothers, David and Charles Koch, and received over $5.3 million from tobacco companies, mainly Philip Morris, between 1991 and 2004.

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