ALEC Exposed

Thu, 2013-02-28 16:15Guest
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Not Smart, But Not ALEC Either

This is a guest post by Glenn Branch from the National Center for Science Education

When the Arizona Daily Star asked the president of the Arizona Education Association what he thought about Senate Bill 1213, a proposed law which would encourage teachers in the state’s public schools to misrepresent evolution and climate change as controversial, he rightly explained that it was unnecessary and misleading, saying, “The controversy is at the political level, not the scientific level.”

Where he may have erred, however, was in his attribution of the bill to the American Legislative Exchange Council. He’s not alone. A number of journalists and bloggers have charged that ALEC drafted the model bill that inspired Arizona’s SB 1213 and the similar bills to have been introduced in state legislatures around the country, including DeSmogBlog’s own Steve Horn.

But when they first appeared, these bills represented the latest development in the strategy of creationists. No longer was it possible to ban the teaching of evolution; no longer was it possible to require the teaching of Biblical creationism, creation science, or intelligent design. So creationists started, around 2004, to resort to a fallback strategy, undermining the teaching of evolution. Climate change is a postscript.

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, 2013-01-15 11:09Steve Horn
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ALEC to Attack North Carolina Renewable Energy Initiatives

Renewable energy is under attack in the Tar Heel State. That's the word from Greenpeace USA's Connor Gibson today in a report that implicates King Coal powerhouse, Duke Energy and the fossil fuel industry at-large. 

The vehicle Duke Energy is utilizing for this attack is one whose profile has grown in infamy in recent years: the American Legislative Exchange Council (ALEC).

ALEC is described as a “corporate bill mill” by its critics. It's earned such a description because it passes “model bills” written by corporate lobbyists and to boot, the lobbyists typically do so behind closed doors at ALEC's annual meetings. 

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.

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.

Thu, 2012-05-31 12:05Guest
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ALEC Slips Exxon Fracking Loopholes into New Ohio Law

This is a guest post by Connor Gibson, cross-posted from Greenpeace.

Wake up and smell the frack fluid! But don't ask what's in it, at least not in Ohio, cause it's still not your right to know. Ohio is in the final stages of making an Exxon trojan horse on hydrofracking into state law, and it appears that the American Legislative Exchange Council (ALEC) connected Exxon's lawyers with co-sponsors of Ohio Senate Bill 315: at least 33 of the 45 Ohio legislators who co-sponsored SB 315 are ALEC members, and language from portions of the state Senate bill is similar to ALEC's “Disclosure of Hydraulic Fracturing Fluid Composition Act.”disclosure of fracking fluids? On behalf of ExxonMobil?!

Wed, 2012-05-02 10:04Steve Horn
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ALEC Wasn't First Industry Trojan Horse Behind Fracking Disclosure Bill - Enter Council of State Governments

19th Century German statesman Otto von Bismarck once said, “If you like laws and sausages, you should never watch either one being made.”

The American Legislative Exchange Council (ALEC), put on the map by the Center for Media and Democracy in its “ALEC Exposed” project, is the archetype of von Bismarck's truism. So too are the fracking chemical disclosure bills that have passed and are currently being pushed for in statehouses nationwide.

State-level fracking chemical disclosure bills have been called a key piece of reform in the push to hold the unconventional gas industry accountable for its actions. The reality, though, is murkier.

On April 21, The New York Times penned an investigation making that clear. The Times wrote:

Last December, ALEC adopted model legislation, based on a Texas law, addressing the public disclosure of chemicals in drilling fluids used to extract natural gas through hydraulic fracturing, or fracking. The ALEC legislation, which has since provided the basis for similar bills submitted in five states, has been promoted as a victory for consumers’ right to know about potential drinking water contaminants.

A close reading of the bill, however, reveals loopholes that would allow energy companies to withhold the names of certain fluid contents, for reasons including that they have been deemed trade secrets. Most telling, perhaps, the bill was sponsored within ALEC by ExxonMobil, one of the largest practitioners of fracking — something not explained when ALEC lawmakers introduced their bills back home.

The Texas law The Times refers to is HB 3328, passed in June 2011 in a 137-8 roll call vote, while its Senate companion bill passed on a 31-0 unanimous roll call vote. Since then, variations of the model bill have passed in two other key states in which fracking is occuring.

Like dominos falling in quick succession over the following months, ColoradoPennsylvania and, most recently, the Illinois Senate passed bills based on the ALEC model. Louisiana also has introduced a similar bill. 

Mon, 2012-04-23 16:13Guest
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ALEC’s Vision of Pre-Empting EPA Coal Ash Regs Passes the House

Authored by Sara Jerving of PRWatch.org and ALECExposed.org. Cross-posted with permission from the Center for Media and Democracy. 

The U.S. House of Representatives passed an amendment on April 18 to the Surface Transportation Extension Act of 2012 (HR 4348) that would effectively pre-empt the Environmental Protection Agency (EPA) from regulating coal ash, the waste from coal burning plants, as a hazardous waste. About 140 million tons of coal ash are produced by power plants in the United States each year. There are about 1,000 active coal ash storage sites across the country.

According to the EPA, the ash contains concentrations of arsenic, boron, cadmium, chromium, lead, mercury and other metals, but the coal industry has claimed there is less mercury in the ash than in a fluorescent light bulb. However, the EPA found in 2010 that the cancer risk from arsenic near some unlined coal ash ponds was one in 50 – 2,000 times the agency’s regulatory goal. Additionally, researchers from the Environmental Integrity Project, Earthjustice, and Sierra Club have documented water contamination from coal ash sites in 186 locations. The new bill would strip the EPA’s authority to regulate the ash and hand it over to the states.  

The coal industry and its allies have been pushing several levers to stop the EPA from regulating coal ash, including passing resolutions through the American Legislative Exchange Council (ALEC).

Along with its coal ash provisions, the transportation bill, which is intended to extend highway and transit funding through September, includes measures that would advance the controversial trans-Canada Keystone XL pipeline.

Wed, 2012-03-21 16:20Steve Horn
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ALEC Climate Change Denial Model Bill Passes in Tennessee

The month of March has seen unprecedented heat and temperatures. A rational thinking, scientifically-grounded individual could only posit, “Well, hmm, I bet climate change has something to do with the fact that in Madison, WI, it is 80 degrees in mid-March. Sometimes it's 60 or 70 degrees colder than this!”

While that individual would be positing something that is the well-accepted scientific consensus, in some states, under law, that is only a “controversial theory among other theories.”

Welcome to Tennessee, which on March 19th became the fourth state with a legal mandate to incorporate climate change denial as part of the science education curriculum when discussing climate change.

First it was Louisiana, back in 2009, then Texas in 2009, South Dakota in 2010 and now Tennessee has joined the club, bringing the total to four U.S. states that have mandated climate change denial in K-12 “science” education. 

Many other states could follow in their footsteps as well, given that, as DeSmogBlog exposed in late-January, this is an American Legislative Exchange Council (ALEC) model bill, a near miror image of its Orwellian-titled “Environmental Literacy Improvement Act.”[PDF]

The machinations of ALEC are best explained by the Center for Media and Demoracy's “ALEC Exposed” project.

The ALEC bill passed as H.B. 368 and S.B. 893, with 70-23 and 24-8 roll call votes, respectively. Tennesse Republican Governor Bill Haslam is likely to sign the bill into law soon.

Thu, 2012-01-26 00:15Steve Horn
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ALEC Model Bill Behind Push To Require Climate Denial Instruction In Schools

On January 16, the Los Angeles Times revealed that anti-science bills have been popping up over the past several years in statehouses across the U.S., mandating the teaching of climate change denial or “skepticism” as a credible “theoretical alternative” to human caused climate change came.

The L.A. Times' Neela Banerjee explained,

“Texas and Louisiana have introduced education standards that require educators to teach climate change denial as a valid scientific position. South Dakota and Utah passed resolutions denying climate change. Tennessee and Oklahoma also have introduced legislation to give climate change skeptics a place in the classroom.”

What the excellent Times coverage missed is that key language in these anti-science bills all eminated from a single source: the American Legislative Exchange Council, or ALEC.

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