george w. bush

‘Poison’ PR Campaign Has Biased Jury Pool, Say Dakota Access Protester's Lawyers

The defendant, Red Fawn Fallis, right, at her mother's memorial.

By Steve Horn and Curtis Waltman

As tensions rose at Standing Rock last fall, Red Fawn Fallis was one of many arrested at the scene of the Dakota Access pipeline (DAPL) protests near Cannon Ball, North Dakota. However, her charges stood apart: Attempted murder of police officers, an indictment later dropped for lesser charges.

Still, the claim that Fallis shot at police has stuck in the minds of North Dakotans who may have to judge her culpability and is one reason she could not get a fair trial in the area, her lawyers argueAttorneys for Fallis, a 38-year-old Oglala Lakota Sioux woman from Colorado, have posited that the case should be moved to a different federal court district.

Their argument, made in a pair of recent pre-trial motions for a venue change, revolves around the public relations campaign waged by law enforcement, private security, and public relations firms hired by Dakota Access owner, Energy Transfer Partners. That campaign was headed by firms such as TigerSwan, the National Sheriffs' Association, Delve and Off the Record Strategies, as reported by The Intercept and DeSmog.

The recent motions pushing for a venue shift cite as exhibits multiple documents and emails previously obtained and published by DeSmog and The Intercept, along with other law enforcement communications and media efforts. 

Carter Page, Trump Aide With Russia Ties, Is Also an Energy Scholar: Here's What He's Written

Carter Page

Carter Page, a foreign policy adviser for Donald Trump during the 2016 presidential campaign, has been mentioned repeatedly in news coverage about the ongoing investigation into the Trump campaign's alleged ties to Russia.  

Page owns the New York City firm Global Energy Capital LLC, located right next to Trump Tower, and lived and worked in Russia for a few years. Beyond that, however, he comes across as somewhat of an enigma, with little known about his past. Yet his own scholarly writings on the topics of geopolitics, energy, and climate, along with other career details, reviewed by DeSmog, may offer deeper insight into who Page is and how he came to assume the role of a Trump foreign policy adviser.

Page left the campaign in September 2016 after it was revealed he had visited Moscow, Russia in early July to give a speech at the New Economic School titled, “The Evolution of the World Economy: Trends and Potential,” just weeks before the Republican National Convention (RNC). Page eventually confirmed he had met with Russia's ambassador to the U.S., Sergey Kislyak, at the RNC, but says it was a brief conversation and one among many he had with various ambassadors.

Trump Economic Adviser "Pushing" for Climate Denier and Fossil Fuel Apologist to Head EPA

Kathleen Hartnett White

Stephen Moore — economic adviser for Republican Party presidential candidate Donald Trump's campaign — recently told Politico's Morning Energy that he is “pushing” to have a climate change denier and fossil fuel promoter, Kathleen Hartnett White, named as head of the U.S. Environmental Protection Agency (EPA) if Trump is elected president in November.

Did an Industry Front Group Create Fake Twitter Accounts to Promote the Dakota Access Pipeline?

Screenshot of fake Twitter account criticizing DAPL protesters.

A DeSmog investigation has revealed the possibility that a front group supporting the controversial Dakota Access Pipeline (DAPL) — the Midwest Alliance for Infrastructure Now (MAIN) — may have created fake Twitter profiles, known by some as “sock puppets,” to convey a pro-pipeline message over social media. And MAIN may be employing the PR services of the firm DCI Group, which has connections to the Republican Party, in order to do so. 

DeSmog tracked down at least 16 different questionable Twitter accounts which used the #NoDAPL hashtag employed by protesters, in order to claim that opposition to the pipeline kills jobs, that those protesting the pipeline at the Standing Rock Sioux Tribe's encampment use violence, and that the pipeline does not pose a risk to water sources or cross over tribal land.

On September 13, people began to suspect these accounts were fake, calling them out on Twitter, and by September 14, most of the accounts no longer existed.

Obama Administration Approves Pipeline Expansion Set to Feed First Ever Fracked Gas LNG Export Terminal

The Obama Administration has quietly approved expansion of a major pipeline carrying fracked gas destined for the global export market.

The Gulf Trace pipeline, owned by The Williams Companies, is set to feed into Cheniere Energy's Sabine Pass LNG export terminal in Louisiana. As first reported by Reuters, LNG tankers loaded with super-chilled liquefied natural gas obtained via hydraulic fracturing (“fracking”) will set sail for the first time from Sabine Pass in January 2016.

Not Just Public Lands: Defense Bill Also Incentivizes Fracked Gas Vehicles

DeSmogBlog recently revealed how Big Oil's lobbyists snuck expedited permitting for hydraulic fracturing (“fracking”) on public lands into the National Defense Authorization Act (NDAA) of 2015, which passed in the U.S. House and Senate and now awaits President Barack Obama's signature.

A follow-up probe reveals that the public lands giveaway was not the only sweetheart deal the industry got out of the pork barrel bill. The NDAA also included a provision that opened the floodgates for natural gas vehicles (NGVs) in the U.S.—cars that would largely be fueled by gas obtained via fracking.

The section of the bill titled, “Alternative Fuel Automobiles” (on page 104) lays it out:

NDAA of 2015 Natural Gas Vehicles
Image Credit: U.S. Government Publishing Office 

Environmental Groups File Motion to Intervene in Defense of Denton Fracking Ban

Just days after attorneys representing Denton, Texas submitted their initial responses to two legal complaints filed against Denton — the first Texas city ever to ban hydraulic fracturing (“fracking”)  environmental groups have filed an intervention petition. That is, a formal request to enter the two lawsuits filed against the city after its citizens voted to ban fracking on election day.

Denton Drilling Awareness Group and Earthworks are leading the intervention charge, represented by attorneys from the Natural Resources Defense Council (NRDC) and EarthjusticeThe drilling awareness group runs the Frack Free Denton campaign.

Those groups have joined up with attorneys representing Denton to fight lawsuits filed against the city by both the Texas Oil and Gas Association and the Texas General Land Commission.

Bush Family and Its Inner Circle Play Central Role in Lawsuits Against Denton, Texas Fracking Ban

George P. Bush, Texas Land Commissioner-Elect

On November 4, Denton, Texas, became the first city in the state to ban the process of hydraulic fracturing (“fracking”) when 59 percent of voters cast ballots in favor of the initiative. It did so in the heart of the Barnett Shale basin, where George Mitchell — the “father of fracking” — drilled the first sample wells for his company Mitchell Energy.

As promised by the oil and gas industry and by Texas Railroad Commission commissioner David Porter, the vote was met with immediate legal backlash. Both the Texas General Land Office and the Texas Oil and Gas Association (TXOGAfiled lawsuits in Texas courts within roughly 12 hours of the vote taking place, the latest actions in the aggressive months-long campaign by the industry and the Texas state government to fend off the ban.

The Land Office and TXOGA lawsuits, besides making similar legal arguments about state law preempting local law under the Texas Constitution, share something else in common: ties to former President George W. Bush and the Bush family at large.

In the Land Office legal case, though current land commissioner Jerry Patterson signed off on the lawsuit, he will soon depart from office. And George Prescott Bush — son of former Florida Governor and prospective 2016 Republican Party presidential nominee Jeb Bush and nephew of former President George W. Bush — will take his place.

George P. Bush won his land commissioner race in a landslide, gaining 61 percent of the vote. Given the cumbersome and lengthy nature of litigation in the U.S., it appears the Land Office case will have only just begun by the time Bush assumes the office.

The TXOGA legal complaint was filed by a powerful team of attorneys working at the firm Baker Botts, the international law firm named after the familial descendants of James A. Baker III, a partner at the firm.

Baker III served as chief-of-staff under both President Ronald Reagan and President George H.W. Bush, Secretary of State under George H.W. Bush and as a close advisor to President George W. Bush on the U.S. occupation of Iraq. He gave George P. Bush a $10,000 donation for his campaign for his race for land commissioner.

James A. Baker III Campaign Contribution George P. Bush

Photo Credit: Texas Land Commission

The Energy Policy Act of 2005which exempts the oil and gas industry from the Safe Drinking Water Act, the Clean Water Act and the National Environmental Policy Act for fracking, is seen by critics as the legacy of ashes left behind by the George W. Bush Administration.

Yet almost a decade later, the two lawsuits filed against Denton show the Bush oil and gas legacy clearly lives on and stretches from the state where the fracking industry was born all the way to Iraq and back again. 

Revealed: Heather Zichal Met with Cheniere Executives as Obama Energy Aide Before Board Nomination

Heather Zichal, former deputy assistant for energy and climate change to President Barack Obama and nominee to sit on the board of directors of LNG export company Cheniere Energy Inc., held two meetings with Cheniere executives while working for the White House. 

White House meeting logs show Zichal attended the meetings with three executives from Cheniere, owner of the Sabine Pass LNG (liquefied natural gas) export facility, the first terminal to receive a final approval from the U.S. Federal Energy Regulatory Commission (FERC) during the hydraulic fracturing (“fracking”) boom.

The meetings appear to have taken place just over two weeks apart from one another, according to the meeting logs. The first meeting was on January 14, 2013, and the second on January 29, 2013. Just over eight months later, Zichal resigned from her White House job, with Reuters citing “plans to move to a non-government job.”

Cheniere CEO Charif Souki — who is facing a major ongoing class-action lawsuit — sat in on both of those meetings. He was joined by Cheniere executives Patricia Outtrim, vice president of governmental and regulatory affairs, and Ankit Desai, vice president of government relations.

Desai, a Cheniere lobbyist, formerly worked with Zichal on U.S. Secretary of State John Kerry's 2004 presidential campaign, serving as his budget director. Desai also formerly served as political director for then-U.S. Senator and now Vice President Joe Biden.


President Barack Obama (L), Heather Zichal (Center), Sec. of State John Kerry (R); Photo Credit: Facebook

Zichal served as Kerry's energy and environment policy adviser for the 2004 campaign and in 2006, became his legislative director, a job she held until becoming policy director for energy, environment and agriculture for President Barack Obama's 2008 presidential campaign

ALEC's Fracking Chemical Disclosure Bill Moving Through Florida Legislature

The American Legislative Exchange Council's (ALEC) model bill for disclosure of chemicals injected into the ground during the controversial hydraulic fracturing (“fracking”) process is back for a sequel in the Sunshine State legislature. 

ALEC's model bill was proposed by ExxonMobil at its December 2011 meeting and is modeled after a bill that passed in Texas' legislature in spring 2011, as revealed in an April 2012 New York Times investigative piece. ALEC critics refer to the pro-business organization as a “corporate bill mill” lending corporate lobbyists a “voice and a vote” on model legislation often becoming state law.

The bill currently up for debate at the subcommittee level in the Florida House of Representatives was originally proposed a year ago (as HB 743) in February 2013 and passed in a 92-19 vote, but never received a Senate vote. This time around the block (like last time except for the bill number), Florida's proposed legislation is titled the Fracturing Chemical Usage Disclosure Act (HB 71), introduced by Republican Rep. Ray Rodrigues. It is attached to a key companion bill: Public Records/Fracturing Chemical Usage Disclosure Act (HB 157).

HB 71 passed on a party-line 8-4 vote in the Florida House's Agriculture and Environment Subcommittee on January 14, as did HB 157. The next hurdle the bills have to clear: HB 71 awaits a hearing in the Agriculture and Environment Appropriations Subcommittee and HB 157 awaits one in the Government Operations Subcommittee.

Taken together, the two bills are clones of ALEC's ExxonMobil-endorsed Disclosure of Hydraulic Fracturing Fluid Composition Act. That model — like HB 71 — creates a centralized database for fracking chemical fluid disclosure. There's a kicker, though. Actually, two.

First kicker: the industry-created and industry-owned disclosure database itself — FracFocus — has been deemed a failure by multiple legislators and by an April 2013 Harvard University Law School studySecond kicker: ALEC's model bill, like HB 157, has a trade secrets exemption for chemicals deemed proprietary. 

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