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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. 

Wed, 2012-08-29 16:49Brendan DeMelle
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Coalition Calls On Duke Energy To Dump American Legislative Exchange Council

A coalition of environmental, civil rights and democracy reform groups today called upon Duke Energy to join the 38 other companies that have left the American Legislative Exchange Council, or ALEC. In their letter sent to Duke CEO Jim Rogers this morning, the coalition requests that Duke Energy "disassociate and stop funding ALEC immediately."

"We collectively call upon Duke Energy to drop all financial and staff support to ALEC due not only to their role in blocking clean energy implementation and solutions to global warming, but due to their direct attacks on democracy and our civil rights."

As Greenpeace's Connor Gibson points out in his blog about the effort,

"Duke Energy has distinguished itself from other polluters with rhetorical commitments to tackling global warming and implementing clean energy, but stops short of meaningful action. By dumping ALEC, Duke would take a step in the right direction toward the potential it has to become a cleaner energy company."
 

Here is the full-text of the letter to Jim Rogers:

Thu, 2012-08-09 15:37Steve Horn
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Was Scott Walker Chosen to Headline Heartland Institute Gala Due to His Bradley Foundation Ties?

Wisconsin Republican Governor Scott Walker will keynote the Heartland Institute's 28th Anniversary Benefit Dinner this evening at Navy Pier in Chicago, IL. 

Walker recently won the Kochtopus-funded Americans for Prosperity George Washington Award. Now, two months after his recall election steamrolling of Democrat Tom Barrett, the climate change denying group famous for its Unabomber billboard will embrace Walker with much fanfare

Heartland, whose internal documents were published this past spring by DeSmogBlog, sings praises for Walker's union-busting agenda and his recent recall victory in promoting the event

This year’s keynote speaker, Wisconsin Gov. Scott Walker, is the nation’s most influential and successful governor. Elected in 2010 to balance a budget that was billions of dollars in deficit without raising taxes, he did exactly that, winning the passionate support of taxpayers, business owners, and consumers across the state. After years of economic stagnation caused by high taxes and excessive regulation, Wisconsin is growing again.

To balance the state’s budget, Gov. Walker took on powerful public sector unions, reining in their collective bargaining privileges and requiring that public-sector workers start to contribute toward their retirement and health care benefits. Unions fought back, and after they failed to block legislation implementing Walker’s plan, they tried to recall him in a special election. On June 5, 2012, they failed, as Walker won reelection and a solid mandate to stay his course.

The trove of leaked Heartland documents exposed the Institute's current climate change denying agenda and revealed whose money supports this reality-denying agenda. But DeSmogBlog neglected to talk about the details of "Operation Angry Badger" in the documents, as at the time, we thought it was outside the scope of our mission.

Turns out, we were wrong.

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, 2012-07-27 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, 2012-06-01 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

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.

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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