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Groups File IRS Complaint Alleging ALEC is a Lobbying Vehicle, Not a Charity

The Center for Media and Democracy (CMD) and Common Cause have filed an 18-page supplemental complaint to the U.S. Internal Revenue Service (IRS) which calls for a termination of the American Legislative Exchange Council (ALEC)'s status as a 501(c)(3) non-profit organization and requests civil and criminal charges be brought against ALEC.

Center for Public Integrity Reveals How PR Firms Manufacture Consent for Oil, Big Business

The Center for Public Integrity has broken new ground by publishing a months-long investigation into the public relations and influence-peddling spending conducted by Big Business trade associations between 2008-2012.

That investigation highlights spending for trade associations ranging from the American Petroleum Institute, National Mining AssociationEdison Electric Institute, America's Natural Gas Association and many others not in the oil, gas and coal industry. The energy industrial complex, though, by far spent the most on public relations according to the Center.

Image Credit: Center for Public Integrity

API by far spent the most money on public relations according to the Center's analysis, which explained its research methodology as a side-bar to the story.

EPA Sued Over Disclosure Rules for Toxic Pollution from Drilling and Fracking

The U.S. Environmental Protection Agency has been sued over toxic chemicals released into the air, water and land by the oil and gas industry, a coalition of nine environmental and open government groups announced today.

The extraction of oil and gas releases more toxic pollution than any other industry except for power plants, according to the EPA's own estimates, the coalition, which filed the lawsuit this morning in the U.S. District Court for the District of Columbia, noted.

But the industry has thus far escaped federal rules that, for over the past two decades, have required other major polluters to disclose the type and amount of toxic chemicals they release or dispose. The Toxic Release Inventory (TRI) is a federal pollution database, established under the Emergency Planning and Community Right to Know Act, and can be used by first-responders in the event of a crisis as well as members of the general public.

People deserve to know what toxic chemicals are being used near their homes, schools and hospitals,” said Matthew McFeeley, staff attorney for the Natural Resources Defense Council.

For too long, the oil and gas industry has been exempt from rules that require other industries to disclose the chemicals they are using, so communities and workers can better understand the risks. It’s high time for EPA to stop giving the oil and gas industry special treatment.”

Roughly one in four Americans live within a mile of an oil or gas well, making the air emissions from the industry a matter of local concern to a fast-growing number of families.

Stink Tanks: Historical Records Reveal State Policy Network Was Created by ALEC

A 1991 report tracked down by DeSmogBlog from the University of California-San Francisco's Legacy Tobacco Documents reveals that the State Policy Network (SPN) was created by the American Legislative Exchange Council (ALEC), raising additional questions over both organizations' Internal Revenue Service (IRS) non-profit tax status. 

Titled “Special Report: Burgeoning Conservative Think Tanks” and published by the National Committee for Responsive Philanthropy, the report states that State Policy Network's precursor — the Madison Group — was “launched by the American Legislative Exchange Council and housed in the Chicago-based Heartland Institute.”

Further, Constance “Connie” Campanella — former ALEC executive director and the first president of the Madison Group — left ALEC in 1988 to create a lobbying firm called Stateside Associates. Stateside uses ALEC meetings (and the meetings of other groups) as lobbying opportunities for its corporate clients

“Stateside Associates is the largest state and local government affairs firm,” according to its website. “Since 1988, the Stateside team has worked across the 50 states and in many local governments on behalf of dozens of companies, trade associations and government and non-profit clients.”

Constance Campanella; Photo Source: Twitter

Named Constance Heckman while heading ALEC, Campenella also formerly served on the Board of Directors of Washington Area State Relations Group, a state-level lobbyist networking group. 

“The Washington Area State Relations Group (WASRG) is one of the nation’s largest organizations dedicated exclusively to serving state government relations professionals,” explains its website. “Since the mid-1970s, WASRG has been providing its corporate, trade association and public sector members with a unique and valuable opportunity to interact with their peers, key state officials and public policy experts.”

Fracking Lobby ANGA's Tax Forms: Big Bucks to Media Outlets, "Other ALECs"

America's Natural Gas Alliance (ANGA) - the public relations arm of the oil and gas fracking industry - has released its 2012 Internal Revenue Services (IRS) 990 form, and it's rich with eye-opening revelations, some of which we report here for the first time. 

Incorporated as American Natural Gas Alliance, Inc., ANGA received $76.7 million from its dues-paying members for fiscal year 2012. Not strictly a lobbying force alone at the state-level and federal-level, ANGA has pumped millions of dollars into public relations and advertising efforts around the country and hundreds of thousands more into other influence-peddling avenues. 

The Nation Magazine's Lee Fang revealed in a recent piece that ANGA gave $1 million in funding to “Truthland,” a pro-fracking film released to fend off Josh Fox's “Gasland: Part II.”

On its website, “Truthland” says it is a project of both industry front group Energy in Depth and the trade association, Independent Petroleum Association of America. The “Truthland” website was originally registered in Chesapeake Energy's office, Little Sis revealed.

Fang also revealed ANGA gave $25,000 to “ASGK Strategies, a political consulting firm founded by White House advisor David Axelrod,” as well as “$864,673 to Edventures Partners, an education curriculum company that has partnered with ANGA to produce classroom materials that promote the use of natural gas.”

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. 

ALEC Launches Assault on Renewable Energy Industry

The American Legislative Exchange Council (ALEC), as covered previously by DeSmogBlog, is the “Trojan Horse” behind mandating that climate change denial (“skepticism,” or “balance,” in its words) be taught in K-12 classrooms.

Well, ALEC is at it again, it appears. Facing an IRS complaint filed by Common Cause, one of the leading advocacy groups working to expose the corporate-funded bill mill, ALEC has also launched an assault on renewable energy legislation, according to a well-documented report written by Bloomberg News.

The two developments are worth unpacking.

Common Cause IRS Complaint

The Washington Post reported that on April 23, Common Cause “had filed an IRS complaint accusing ALEC of masquerading as a public charity…while doing widespread lobbying.” 

ALEC is trying to brush aside this complaint, but Common Cause presents a compelling case.

It tells the IRS in its tax returns that it does no lobbying, yet it exists to pass profit-driven legislation in statehouses all over the country that benefits its corporate members,” said Bob Edgar, president of Common Cause, in a statement. “ALEC is not entitled to abuse its charitable tax status to lobby for private corporate interests, and stick the bill to the American taxpayer.”

Common Cause wants the IRS to complete a no-holds-barred audit of ALEC’s work and to examine whether it violated IRS laws. 

Global warming heats up online

Editor's note: Sorry folks, not even DeSmog couid resist recycling this fetching once-in-a-lifetime photo opportunity with the one and only Britney Spears.

Move over Britney and American Idol – even the IRS! Global warming hit an all-time high this month among the web-surfing masses.

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