Duke Energy

Coal Ash Coming To Groundwater Supplies Near You! Thank Your Congress

Congress adjourned at the end of this week for their annual August vacation, and as usual, they used this last week of July to push their most extreme anti-environment legislation.

One of the main goals of the industry-funded House of Representatives is to loosen coal ash rules before they go into effect in October, and that’s exactly what the House did last week.

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.

The Coal Industry Owns The Courts (VIDEO)

In early February 2014, Duke Energy reported that a coal ash storage site along the Dan River had crumbled, releasing more than 39,000 tons of toxic coal ash into the waterway. This was not the first time that Duke had been responsible for a massive coal ash spill, and most likely not the last.

In public, the company claimed that it is making all the necessary moves to clean up the mess and prevent future disasters. But behind closed doors, the company was hard at work making sure that its negligence would never hinder its profits. Duke Energy had been paying off the right people to prevent any meaningful form of punishment.

The post-Citizens United world has led to an enormous increase in the amount of money flowing to judicial elections, which was previously an area that very few corporations gave a second look. But with a green light to throw cash around now, they’ve realized that owning the Judicial Branch of American government is just as lucrative as owning a politician.

During the 2014 midterm elections, the state of North Carolina — Duke Energy’s base of operations — became a hotbed for judicial campaign spending. In total, an unprecedented $800,000 was spent on judicial elections by a group called Justice For All NC, with more than $300,000 of that total coming solely from Duke Energy.

A recent report by the Center for American Progress (CAP) shows that elected judges are far more likely to vote in favor of corporations (those who funded their elections) than non-elected judges, explaining Duke Energy’s desire to pump hundreds of thousands of dollars into this campaign.

Government Accountability Office Report on Oil Export Ban Based On Industry-Funded Studies

oil exports

Earlier this year, at CERAWeek, the must-attend energy conference for industry players, Sen. Lisa Murkowski (R-AK) made an interesting statement while advocating for lifting the oil export ban in her keynote speech.

This year – 2014 – will be the Year of the Report. Think tanks and research institutions across the country are examining the possibility of crude exports and the potential ramifications. Working groups are assembling, writing papers, crunching numbers.  And that’s a good thing,” Murkowski said.

Sen. Murkowski made this statement as part of prepared remarks described as a “roadmap” for lifting the ban on crude oil exports. Murkowski’s prediction would make it seem like she already knew the reports would reach the conclusion that lifting the ban on crude oil exports was “a good thing.” Perhaps it was just a lucky guess for her back in March, but she was right.

In October, the Governmental Accountability Office (GAO) reached just that conclusion in its report, Changing Crude Oil Markets: Allowing Exports Could Reduce Consumer Fuel Prices. It should be noted that the GAO undertook this effort at the request of none other than Alaskan Senator Lisa Murkowski.

The GAO concluded that lifting the crude oil export ban was a positive because it could potentially lower consumer fuel prices in the U.S. However, when it came to analyzing the environmental impacts of increased oil production and exports, the Congressional agency was unable to reach any quantifiable conclusions.

Bomb Trains Keep Rolling While Congressional Committee Bickers About Bakken Crude

Congressman Paul Broun

When DeSmogBlog reported last week that no actual petroleum scientists would be testifying at the congressional science committee’s hearing on the characteristics of Bakken crude oil, we knew the hearing was unlikely to make any substantial progress toward improving the safety of transporting this volatile oil on trains through American communities.    

Indeed, we expected the hearing would be an exercise in avoiding getting the facts about Bakken crude to further delay or avoid regulations that would require the oil to be stabilized. But what actually transpired surprised even us and bordered on the absurd.

While the hearing was conducted under the banner of the Committee on Science, Space and Technology, it was co-chaired by Subcommittee on Energy chairman Cynthia Lummis (R-Wyo.) and Subcommittee on Oversight chairman Paul Broun (R-Ga.)

During his opening remarks, Congressman Broun ripped into the Obama administration for denying his attempts to get “experts in the subject matter” as witnesses.

While I look forward to hearing from both panels today, I must say I am disappointed — though not surprised — at this Administration’s continued unwillingness to work with the Congress. Chairman Lummis and I invited representatives from the agencies who are experts in the subject matter because we are interested in the science behind Bakken crude. Instead, both agencies appearing before the Committee today declined to provide the witnesses we requested, sending us in their place witnesses more knowledgeable on the politics behind Bakken crude. As I said, I am not surprised, just disappointed.

Coal Lobbyist Jeff Holmstead Disqualified by Federal Judge in Ameren Pollution Lawsuit

Originally published on PolluterWatch

Jeff Holmstead, perhaps the nation's prime example of a revolving door lobbyist, was dismissed by a federal judge as an expert witness in a lawsuit brought by the U.S. Environmental Protection Agency against Ameren Missouri, a coal burning utility.

In an ongoing case, the EPA has charged Ameren with violating the Clean Air Act by not installing appropriate pollution controls at one of its coal plants. The Sierra Club has since sued Ameren, “alleging 7,880 air quality violations at three coal-burning power plants since 2009,” according to the St. Louis Post-Dispatch.

Judge Rodney Sippel granted U.S. Justice Department's request to remove Holmstead as a witness, confirming that the lobbyist's history at U.S. EPA posed “multiple conflicts of interest.” Here's the judge's motion to dismiss Jeffrey Holmstead, citing Holmstead's use of his EPA experience to undermine EPA's pollution enforcement actions (emphases added):

Mr. Holmstead’s legal opinions are irrelevant, speculative, and inadmissible.” […] “By his own description, Mr. Holmstead’s testimony relies on his recollection of EPA “internal meetings” that he says are relevant to the issues to be tried in this action. Such internal communications are privileged and confidential and Mr. Holmstead may not rely on his recollection of them to testify against EPA. Moreover, Mr. Holmstead received other privileged information concerning the issues about which he now seeks to testify on behalf of Ameren, and participated in power-plants enforcement cases related to this one while at EPA. Before he left EPA, he even personally provided a declaration for EPA that is at issue in this and other related power-plants enforcement cases asserting privilege claims on behalf of EPA over documents that are relevant to the opinions he now seeks to offer. Yet he now seeks to change sides and testify against EPA. Moreover, he was assisted in the preparation of his report by another former EPA attorney who was involved in the early stages of the investigation that ultimately led to the filing of this case. For the reasons discussed in the accompanying Memorandum, Mr. Holmstead should not be allowed to testify in this matter due to his multiple conflicts of interest.

This is a notable blow to Mr. Holmstead's credibility, who touts his time at EPA to obscure his lobbying to protect polluters from public accountability.

Koch-Tied Roots of Senator Vitter's Green Billionaires Club Environmental Attack Report

A DeSmogBlog investigation reveals that Kristina Moore, the Senate staffer listed as the author of U.S. Sen. David Vitter's (R-La.) “green billionaire's club” report published by the Senate Environment and Public Works Committee (EPW) on July 30, has career roots tracing back to the Koch Brothers' right-wing machine.

Metadata from Vitter's green billionaire's club report shows Moore's name as the author, though it remains unclear whether or not she authored it alone. Moore did not respond to a question about her authorship sent via email.

During a July 30 presentation of the report given to conservative transparency advocacy group Cause of Action, Vitter thanked Moore and several other staffers for their help putting together the 92-page document.

Moore — EPW's senior counsel for oversight and investigations — went to law school at George Mason University School of Law, graduating in 2007. David and Charles Koch both serve as major donors to George Mason University and also endow George Mason's Mercatus Center, where Charles sits on the Board of Directors

Kristina Moore Vitter
Kristina Moore; Photo Credit: Bertelsmann Foundation

While attending law school, Moore concurrently worked as chief of staff for former U.S. Rep. Tom Davis (R-Va.), according to financial disclosure documents obtained by DeSmogBlog.

As a Davis staffer, Kristina Moore (then Kristina Husar), attended two Mercatus Center-sponsored retreats in 2006 and 2007, held in Richmond, Va. and Willamsburg, Va., respectively.

Industry Funded Politicians Hope To Thwart Pollution Penalties In North Carolina

On March 6th of this year, North Carolina Superior Court Judge Paul Ridgeway handed down a ruling that Duke Energy must immediately prevent toxins from their coal ash ponds from leaking into the water supply, and also that the energy giant had to develop a plan to clean up all of the groundwater that they had contaminated in the state.  Ridgeway said that the state and the energy company had been misinterpreting a state law for decades in order to avoid cleaning up their toxic mess.

Judge Ridgeway’s ruling gave the North Carolina Environmental Management Commission (EMC) the authority to hold Duke accountable for years of pollution.  And just when it looked like Duke Energy might finally have to pay for their environmental crimes, something magical happened for the dirty energy company:  The EMC appealed Ridgeway’s ruling.

Rather than doing the job they were ordered to do by a judge, the state agency sided with Duke Energy in appealing the ruling, claiming that the state’s environmental laws do not give the agency the authority to order a cleanup of contaminated water supplies.

The EMC isn’t reacting this way because they are too busy, or because they don’t have the resources to enforce the cleanup – they joined the appeal because Duke Energy owns the state government in North Carolina.

The EMC claims to operate independently from the influence of state government, but they are directly appointed by the government.  The board consists of 15 members appointed by Republican Governor Pat McCrory (8 appointments to the board), Republican House Speaker Thom Tillis, and Republican Senate leader Phil Berger (7 collective appointments to the board.)  The common thread among these politicians is that their campaigns were all funded by Duke Energy and a host of other dirty energy heavyweights.

Spills, Explosions, Earthquakes and War: Welcome to American Energy “Independence”

A well-deserved show of gratitude to the efficient and reliable fossil fuel sources of American energy independence — oil, coal and gas — is in order, following a truly remarkable string of success stories in recent days nationwide.      

On March 25, the BP refinery in Whiting, IN, leaked some 1,600 gallons of crude oil about eight miles upstream from a main drinking water inlet to Chicago. (As of this writing, investigators have not yet determined if the oil is conventional crude or heavy tar sands.)

Three days prior, on March 22, nearly 170,000 gallons of bunker fuel oil spilled into Galveston Bay, TX, from a barge, soiling one of the nation’s busiest export terminals with one of the heaviest, stickiest forms of oil on Earth. As a result, 20 containment vessels were dispatched. 

And five days before that, on March 17, a Sunoco-owned oil pipeline leaked 20,000 gallons into the Oak Glen Nature Preserve in Ohio, some 20 miles from Cincinnati. To be fair, the leak was only ‘discovered’ on March 17. Nobody knows when the leak actually began, and the true amount of oil leaked will be impossible to conclude.   

These impressive gains by the oil industry, however, pale in comparison to the string of breakthroughs achieved in the coal industry in recent days in North Carolina.

Polluter Harmony Video Spoofs Duke Energy and ALEC

Greenpeace USA's Polluter Harmony project released another great spoof video this week as part of it “world's dirtiest dating service” series mocking polluters and bought-off politicians.  Watch: 

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