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Sat, 2012-07-28 06:00Steve Horn
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The Real Train Wreck: ALEC and "Other ALECs" Attack EPA Regulations

When business-friendly bills and resolutions spread like wildfire in statehouses nationwide calling for something as far-fetched as a halt to EPA regulations on greenhouse gas emissions, ALEC is always a safe bet for a good place to look for their origin.

In the midst of hosting its 39th Annual Meeting this week in Salt Lake City, Utah, the American Legislative Exchange Council (ALEC) is appropriately described as an ideologically conservative "corporate bill mill" by the Center for Media and Democracy, the overseer of the ALEC Exposed project. 98 percent of ALEC's funding comes from corporations, according to CMD.

ALEC's meetings bring together corporate lobbyists and state legislators to schmooze and then vote on what it calls "model bills." Lobbyists, as CMD explains, have a "voice and a vote in shaping policy." In short, they have de facto veto power over whether the prospective bills they present at these conferences become "models" that will be distributed to the offices of politicians in statehouses nationwide.

For a concise version of how ALEC operates, see the brand new video below by Mark Fiore.

ALEC, though, isn't the only group singing this tune.

As it turns out, one of the "Other ALECs," or a group that operates in a similar manner to ALEC, will be hosting its conference in the immediate aftermath of ALEC's conference: the Council of State Government's (CSG) regional offshoot, the Southern Leadership Conference (SLC).

Like ALEC, CSG produces its own "model bills," which it calls "Suggested State Legislation" (SSL). SSL is enacted via an "up or down" vote manner at CSG's national meetings. This process mirrors that of its cousin ALEC, with corporate lobbyists also able to vote in closed door meetings.

Some key differences between CSG and ALEC: the former is bipartisan in nature, while the latter is Republican Party-centric; CSG has a far larger budget, due to the fact that 43 percent of its funding comes from taxpayer contributions; and CSG is not explicitly ideological in nature because it was founded as a trade association for state legislators (not as a corporate front group like ALEC, although CSG is now heavily influenced by the same forces).

SLC's annual meeting will be held in Charleston, West Virginia from July 28-31.

TruthOut's ongoing "Other ALECs Exposed" series (written by yours truly) digs deep into the machinations of "Other ALEC"-like groups.

One of the key threads tying these two particular groups together is their agreement on derailing what they describe as "job-killing" EPA greenhouse gas emissions regulations. ALEC has referred to these sensible standards on multiple occassions as a "Regulatory Trainwreck."

ALEC, SLC and EPA "Regulatory Trainwreck" Resolutions

ALEC's "Regulatory Trainwreck" Resolution

ALEC has two model bills on the books that call for EPA regulations to be eliminated: the State Regulatory Responsibility Act and the Resolution Opposing EPA’s Regulatory Train Wreck. Essentially clones, the two bills passed nearly a decade apart from one another, the former in 2000, the latter in 2011.

ALEC's description of EPA regulations reads like the apocolypse is looming.

"The U.S. Environmental Protection Agency has begun a war on the American standard of living," it wrote. "During the past couple of years, the Agency has undertaken the most expansive regulatory assault in history on the production and distribution of affordable and reliable energy...These regulations are causing the shutdown of power plants across the nation, forcing electricity generation off of coal, destroying jobs, raising energy costs, and decreasing reliability."  

Former CMD reporter Jill Richardson wrote in a July 2011 story that the concept behind the resolution originated at ALEC's December 2010 policy summit. Richardson explained,

The policy summit included a session led by Peter Glaser of Troutman Sanders LLP law firm in which Glaser, an attorney who represents electric utility, mining and other energy industry companies and associations on environmental regulation, specifically in the area of air quality and global climate change, told the crowd that "EPA's regulatory trainwreck" is "a term that's now in common use around town. I think everybody should become familiar with it." (See the video here.) Along with the presentations, ALEC published a report called "EPA's Regulatory Trainwreck: Strategies for State Legislators" and provided "Legislation to Consider" on its site, RegulatoryTrainwreck.com. For the public, they created the website StopTheTrainwreck.com.

The Resolution calls for the EPA to stop regulating greenhouse gases for the next two years as a "jobs creation" mechanism.

After the midterm election ransacking, in which the GOP won large majorities in state legislatures nationwide, it was off to the races for "Regulatory Train Wreck" resolutions to pass around the country, and pass they did. 

The "Regulatory Trainwreck" resolution, according to ALEC, has been introduced in an astounding 34 states, passing in 13, as of a June 2011 press release.

This assault conducted by ALEC and its corporate backers is merely the tip of the iceberg. ALEC itself boasts,

There are 27 groups of state and local officials that opposerecent EPA action, including tens of thousands of state legislators, utility commissioners, agricultural department officials, foresters, drinking water administrators, fish and wildlife agencies, solid waste management officials, state wetland managers, mayors, counties, and cities.

One of these 27 groups included CSG's Southern Leadership Conference.

SLC Adopts the "Regulatory Train Wreck" Resolution as its Own

On July 19, 2011, the SLC adopted the ALEC Regulatory Train Wreck resolution at its 65th Annual Meeting in Memphis, TN. The Resolution called for, among other things, to

  1. "Adopt legislation prohibiting the EPA from further regulating greenhouse gas emissions for the next 24 months, including, if necessary, defunding the EPA greenhouse gas regulatory activity;"
  2. "Impose a moratorium on the promulgation of any new air quality regulation by the EPA, including, if necessary,the defunding of the EPA air quality regulatory activities, except to address an imminent health or environmental emergency, for a period of at least 24 months;"  

In other words, this is a copycat of the ALEC Resolution. SLC, like ALEC, chocks it up to the false dichotomy of regulation vs. jobs, and regulations "killing jobs." As DeSmogBlog has written, the opposite is actually the case.

The resolution's opening paragraph is a case in point. It reads,

"The U.S. Environmental Protection Agency (EPA) has proposed, or is in the process of proposing, numerous regulations regarding air quality and regulation of greenhouse gases that likely will have major effects on Southern state economies, impacting businesses, manufacturing industries and, in turn, job creation and U.S. competitiveness in world markets."

Lobbyists representing the Nuclear Energy Institute, the American Coalition for Clean Coal Electricity (ACCCE), Southern States Energy Board (a lobbying tour de force, which has a whole host of dirty energy clients in the oil, gas, and nuclear power sectors), Piedmont Natural Gas, Spectra Energy, and Southern Company were all in attendance to vote on this resolution. 

Dirty energy sponsors of the 2011 SLC meeting included the likes of Spectra, General Electric, ACCCE, Chevron, Honeywell, Piedmont Natural Gas, BP, Southern Company, and Atmos Energy, to name several.

If adopted at a federal level, this resolution would, of course, make all of these companies a hefty fortune.  

ALEC's Bifurcated Approach: Strip Federal Regs, Attack Local Democracy

Oil, gas, nuclear and utility corporations that fund ALEC and groups like CSG would like nothing more than to see EPA regulations disintegrate into thin air.

Part one of DeSmog's investigation on ALEC's dirty energy agenda showed that, along with pushing for the elimination of EPA regulations, it has also succeeded in promulgating legislation that would eliminate local democracy as we know it, including altering key standards such as zoning rights - a Big Business giveaway of epic proportions.

This would mean only extremely underfunded and understaffed state regulatory agencies like the New York Department of Environmental Conservation would have any oversight on environmental regulatory issues. 

If anything is clear, it's this: statehouses have become one of Big Business' favorite domiciles for pushing its "Corporate Playbook." 

Image CreditLane V. Erickson ShutterStock

Fri, 2012-06-29 10:47Steve Horn
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Sand Land: Frac Sand Mining in Western Wisconsin - Video Report by DeSmogBlog

The rush to drill for unconventional gas, enabled by a process popularly known as "fracking," or hydraulic fracturing, has brought with it much collateral damage. Close observers know about contaminated water, earthquakes, and climate change impacts of the shale gas boom, but few look at the entire life cycle of fracking from cradle to grave.

Until recently, one of the most underlooked facets of the industry was the "cradle" portion of the shale gas lifecycle: frac sand mining in the hills of northwestern Wisconsin and bordering eastern Minnesota, areas now serving as the epicenter of the frac sand mining world.

The silence on the issue ended after several good investigative stories were produced by outlets in the past year or so, such as Wisconsin WatchPR WatchThe Wisconsin State Journal, the Associated PressThe Wall Street JournalOrionEcoWatch, and most recently, Tom Dispatch. These various articles, all well worth reading, explain the land grab currently unfolding in the Midwest and the ecological damage that has accompanied it

To put it bluntly, there could be no shale gas extraction without the sand. As Tom Dispatch's Ellen Cantarow recently explained,

That sand, which props open fractures in the shale, has to come from somewhere. Without it, the fracking industry would grind to a halt. So big multinational corporations are descending on this bucolic region to cart off its prehistoric sand, which will later be forcefully injected into the earth elsewhere across the country to produce more natural gas. Geology that has taken millions of years to form is now being transformed into part of a system, a machine, helping to drive global climate change.

Frac sand, which consists of fine-grained sillica, can cause the respiratory illness, silicosis. Washing the frac sand in preparation for the fracking process is also a water intensive process, particularly threatening in the age of increasing water scarcity in the United States and around the world.

Stay tuned for much more to come from DeSmogBlog on one particularly powerful sand-mining corporation, EOG Resources, formerly known as the now infamous Enron Oil and Gas, a little explored fossil fuel industry giant that does it all: frac sand miningfrackingpipelines, and LNG terminals.

Image credit: Sara Jerving | PRWatch

 

Fri, 2012-06-29 10:45Steve Horn
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New Documentary "Rational Middle": Oil and Gas Advertising in Disguise

The "Rational Middle Energy Series," directed and produced by Gregory Kallenberg, is hot off the film rolls and has already been screened at an influential venue: the 2012 Aspen Ideas Festival.

Kallenberg also directed and produced the documentary film "Haynesville: A Nation’s Hunt for An Energy Future," a film about the ongoing shale gas boom in the United States and a counterpart, of sorts, to Josh Fox’s Academy Award-nominated documentary "Gasland."

Kallenberg, in a press release announcing the film series’ launch, stated,

Through our travels with 'Haynesville,' no matter where we were in the world, we saw a striking commonality from community to community: the need and desire for a balanced discussion about today's energy issues. We realized that more often than not, people wanted to leave behind the noise and extremes to build an energy future that is environmentally sound, economically viable and ensures energy security. The 'Rational Middle' is the starting point for a movement welcoming open discussion where everyone is invited to the table to find solutions to the most important energy challenges.

Taken at face value, the movie’s description sounds fairly innocent.

Yet, the questions to be asked as the film makes the rounds: Who is Gregory Kallenberg? Who is his family? And in general, who are the real characters behind the curtain here?

The answers to these questions say much more about the film than does the description offered in promotional pitches. As it turns out, the public relations firm tasked to do promotional pitches also speaks volumes about the filmmaker's agenda.

Wed, 2011-07-13 12:09Farron Cousins
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ALEC Exposed: Center For Media and Democracy Details ALEC's Industry-Friendly Legislation Machine

The Center for Media and Democracy (CMD) has launched a new website, ALECExposed.org, to help consumers understand more about the secretive business group that is helping craft industry-friendly legislation. CMD has obtained more than 800 model bills that were crafted by ALEC for state governments across the country. From a CMD press release:

At an extravagant hotel gilded just before the Great Depression, corporate executives from the tobacco giant R.J. Reynolds, State Farm Insurance, and other corporations were joined by their "task force" co-chairs -- all Republican state legislators -- to approve “model” legislation. They jointly head task forces of what is called the “American Legislative Exchange Council” (ALEC).

There, as the Center for Media and Democracy has learned, these corporate-politician committees secretly voted on bills to rewrite numerous state laws. According to the documents we have posted to ALEC Exposed, corporations vote as equals with elected politicians on these bills. These task forces target legal rules that reach into almost every area of American life: worker and consumer rights, education, the rights of Americans injured or killed by corporations, taxes, health care, immigration, and the quality of the air we breathe and the water we drink.

The Center obtained copies of more than 800 model bills approved by companies through ALEC meetings, after one of the thousands of people with access shared them, and a whistleblower provided a copy to the Center. Those bills, which the Center has analyzed and marked-up, are now available at ALEC Exposed.

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