Duke Energy

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

Jeff Holmstead, confronted for interfering with climate change solutions, while trying to catch a cab.

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. An anonymous source "familiar" with this case, likely one of Holmstead's colleagues at Bracewell & Guiliani, has been attempting to spin this embarrassing dismissal to reporters at Bloomberg and E&E Publishing. Ameren claims the judge has no proof that Holmstead would use privileged information, ignoring the judge's reference that Holmstead himself said he would use information from "internal meetings" during his time at EPA.

Jeffrey R. Holmstead, a partner at Bracewell & Guiliani who represents coal mining and utility clients like Arch Coal, Duke Energy and Southern Company, spent four years as EPA's assistant administrator for Air and Radiation under President George W. Bush. His career is a dirty legacy of work against the public interest.

Holmstead's tenure at EPA was controversial all the way from his appointment, protested by U.S. Senators for his previous lobbying for coal companies, until his departure. He was caught censoring science within his office and single-handedly derailed a mercury pollution regulation that would have prevented thousands of premature deaths every year. Holmstead's interference blocked mercury pollution controls at U.S. coal plants for eight full years, as Greenpeace has documented, and confronted Holmstead directly for explanation.

While Ameren from his former government employer, Jeff Holmstead has been working to undermine the nation's first ever attempt to limit carbon pollution from U.S. power plants, misleading the public with fears that these rules will increase their utility bills. Holmstead has been repeatedly fact-checked on his conflation of electricity rates with people's bills, ignoring how energy efficiency measures are expected to lower bills over the long term, and also ignoring the immense costs of coal pollution to the public. Holmstead's office runs a front group called the Electric Reliability Coordinating Council (ERCC) to advocate for these polluters against climate and clean air rules, and representing ERCC, he has personally accompanied an Arch Coal lobbyist to the White House to undermine climate regulations.

Again, Greenpeace has directly sought answers from Mr. Holmstead on why he has dedicated his life to protecting companies that not only undermine science, but quite literally kill people as a regular part of their business operations:

It's nice to see a judge finally toss the fox out of the hen house. Jeff Holmstead says what he's paid to, and his clients make that money by polluting for free.

Dominion: Dump ALEC! Protesters Confront Polluters on ALEC's Home Turf

Yesterday, about 80 clean energy advocates visited the Arlington, Virginia office of the American Legislative Exchange Council (ALEC) to protest its dirtywork for polluting companies like Dominion Resources, a major utility in Virginia.
 

Click here to add your voice: tell Dominion to Dump ALEC!

Brandishing small wind turbines, banners and posters calling on Dominion to sever ties to ALEC, noting the company's role in causing climate change. Many protestors are Dominion customers out of necessity, due to market monopolization, and are demanding that Dominion make wiser investments with the royalties they provide as customers.
 
Here are some photos, Courtesy of Oceana's Caroline Wood. Greenpeace was among the supporting organizations, led by Sierra Club, Chesapeake Climate Action Network, the Black Youth Project, Food & Water Watch, Oceana, and Progress VA.
 
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Alexandria Mayor Bill Euille
 

 

ClimateProgress author and Physicist Joe Romm.
ClimateProgress author and Physicist Joe Romm.
 

 

A student activist named Priscilla advocates for quality climate science education.
Oceana Volunteer Priscilla Lin advocates for quality climate science education.
 

 

Jonathan Lykes of the Black Youth Project (BYP100) urges activists to practice unity among movements for economic, racial and climate justice.
Jonathan Lykes of the Black Youth Project (BYP100) urges activists to practice unity among movements for economic, racial and climate justice.
 

 

Ivy Main, Chair of Sierra Club Virginia Chapter
Ivy Main, Chair of Sierra Club Virginia Chapter
 

 

Protestors Engage Traffic Before the Event
Protestors Engage Traffic Before the Event

 

 
The following guest speakers urged for action on climate change, clean energy development, unity across movements, and racial and economic justice:
  • Bill Euille - Mayor of Alexandria VA
  • Joe Romm - Physicist and Founder of Climate Progress
  • Jonathan Lykes - Co- Chair Black Youth Project 100, D.C. Chapter
  • Jorge Aguilar - Southern Region Director at Food & Water Watch
  • Priscilla Lin - Recent graduate of William and Marry College and Volunteer with Oceana
  • Ivy Main - Chair Sierra Club Virginia Chapter and member of Virginia Governor’s Climate Commission
  • Seth Heald - Vice Chair, Sierra Club Virginia Chapter

Building Pressure on Dominion to Dump ALEC:

This protest is the latest in ongoing calls for Dominion Resources to sever ties to the American Legislative Exchange Council. Alexandria Mayer Bill Euille wrote an op-ed in the Fairfax Times, encouraging readers to "to join me in Crystal City at the Sept. 4 rally calling on Dominion to sever its ties with ALEC." Shareholders have filed resolutions at Dominion's last annual meeting, and formally requesting increased commitment to addressing climate change and disassociation from ALEC, citing climate change denial and complaints to the IRS about ALEC's potential tax status violations. Of nine ALEC member utilities contacted by Greenpeace earlier this year, Dominion was one among three that continued to stand by ALEC. Why all the pressure and protest? ALEC is currently helping dirty energy companies wage "guerrilla warfare" against the country's first rule to curb climate pollution as part of a decades-long effort to deny climate change science and block policy solutions. In recent years, ALEC's coal and oil company members have used the shadowy lobbying group--through its state politician members--to attack incentives for clean energy and penalize homeowners who install their own solar panels. ALEC infamously labeled such people "freeriders on the system."
Despite being repeatedly pressed by Greenpeace on how ALEC upholds its "free market" slogan when it consistently attacks clean energy incentives while advancing fossil fuel industry interests, ALEC staff have not been able to account for the contradiction:
 
 
Leading this charge within ALEC is the Edison Electric Institute, the primary trade association for utility companies like Dominion and Duke Energy. Todd Wynn, a climate change denier who previously directed ALEC's Energy, Environment and Agriculture task force, is now working for Edison Electric Institute. EEI remains a primary voice within ALEC's anti-environmental task force, which on churns out model policies to undermine pollution safeguards and stunt the growth of clean energy development. Not accountable to customers, lobbyists like Wynn at EEI provide some political cover for its utility members like Dominion, Duke Energy, and Arizona Public Service, all of which have ignored calls to dump ALEC and have acted aggressively against distribute generation solar energy--homeowners and small businesses taking steps to become energy independent.

@PolluterWatch Live Tweets from the Protest:

 
 

Valentine VIDEO: ALEC is Duke Energy's Corporate "Dating Service"

Crossposted from Greenpeace's blog, The EnvironmentaLIST.

Over the last four years, Greenpeace has made a Valentine's Day tradition of spoofing the influence peddling of corporate lobbyists and captured politicians. This year's installment embodies the American Legislative Exchange Council, or ALEC, which reporters have characterized as a "dating service" for its role in pushing copycat, corporate-crafted laws through state legislatures.

This year, our PolluterHarmony story wrote itself. Online dating ads running on TV have featured a creepy middleman who plays third wheel on various peoples' dates. In real life, ALEC is that creepy middleman, creating a tax-deductible process for companies to vote as equals with state politicians on bad laws that appear in legislatures around the country. This all happens with little to no disclosure, away from the constituents who elected ALEC's member legislators. phormony-macro-1

This secretive attack on the public comes in many forms: privatizing education, weakening unions and public employee benefits, increasing gun violence, keeping legitimate voters away from the polls, denying climate change science, limiting the liability of corporations that harm people, and many other items on the Big Business wishlist.

Want examples? Check our humorous dating profiles (citing real-life events) on an ALEC senator in Ohio attacking clean energy incentives and an ALEC senator in Nebraska who was courted on a trip to the tar sands courtesy of ALEC, oil companies and the Canadian government.pharmony-macro-2

ALEC has said that one of its top priorities in 2014 will be to make it harder for homeowners and businesses to put solar panels on their rooftops by introducing solar taxes on behalf of big utilities that are afraid of losing customers.

But thanks to increased public scrutiny, ALEC has struggled in recent years to avoid its own controversial shadow. ALEC's own leaked documents confirm it has lost at least 60 corporate members and 400 legislative members, thanks to ALEC's role in pushing Stand Your Ground laws and Voter ID legislation that keeps people with social minority status away from the voting booth.

While ALEC staff have given lip service to increased transparency, journalists like Washington Post's Dana Milbank and Mother Jones' Andy Kroll have shown how ALEC keeps its doors firmly shut on the public.

Even companies that are sticking with ALEC appear to be embarrassed by the association: Duke Energy has done all it can to not confirm renewed ALEC membership, ignoring repeated calls, emails and a 150,000-strong public petition delivered by a diverse coalition of organizations whose members don't appreciate how ALEC's bad policies make Duke appear two-faced.

Please share our video to help spread the word on ALEC, and send a message to state legislators at StandUpToALEC.org.dulek(duke-alec)

NC to Duke Energy: Have You Dumped ALEC Yet?

Amid a dump of leaked American Legislative Exchange Council documents published by The Guardian last week, North Carolina is asking Duke Energy: Have you finally dumped ALEC?

NC WARN and ProgressNC have both raised the question, based on Duke Energy's inclusion in a list of "Lapsed" private sector ALEC members featured in The Guardian and an article in the Raleigh News & Observer.

ALEC's notes for Duke Energy's lapsed membership, as of April 22, 2013, only say "Merged with Progress Energy, new contacts," indicating that Duke's absence was only temporary as new personnel were assigned to participate in ALEC's work. Duke and Progress merged into the largest U.S. utility company last year.

Duke Energy, North Carolina's monopoly utility company, has long been a member of ALEC. Last year, Duke Energy refused to leave ALEC even after being petitioned, emailed and called by over 150,000 people to defect. ALEC's controversial legacy includes blocking climate change policies as part of Big Oil's 1998 master plan, the NRA's Stand Your Ground laws, which increase homicide rates, and "Voter ID" bills that suppress legitimate American voters, especially students, the elderly and people with brown skin.

While Duke Energy has resisted calls to dump ALEC, it has responded to the pressure by distancing itself from several items on ALEC's dirty lobbying laundry list:

  • Duke has repeatedly pushed back on any association with ALEC's Stand Your Ground and voter suppression laws.
  • Duke's call for action to address global warming clash with ALEC's legacy of climate change denial, including new draft policies to interfere with the U.S. Environmental Protection Agency's greenhouse gas rules, and a bill that forces teachers to misrepresent climate change science to their students, now law in at least four states, thanks to state legislators implementing ALEC's model bills.
  • Duke has explicitly denounced ALEC's attacks on state Renewable Portfolio Standards-laws to increase utility electricity generation from cleaner sources. Duke takes credit for helping create North Carolina's RPS.

So why has Duke Energy resisted popular pressure to leave ALEC, including from its own ratepayers? If Duke doesn't like ALEC's history shilling for climate change deniers, nor the National Rifle Association, nor the Republican party's voter disenfranchisement strategies, what is making Duke stay?

ALEC's new attacks on rooftop solar electricity producer are right in line with Duke Energy's attempt to pay back 29% less to homeowners whose solar panels feed extra electricity back into the grid, despite the fact that these homeowners fronted the costs of installing and maintaining solar panels themselves.

Duke is terrified of the prospect of rooftop solar energy, which threatens its century-old monopoly business model. Duke is used to being the dominant company providing power to North Carolina residents, and they can basically charge customers as much as they want. More customers are choosing to install their own solar panels as the technology rapidly becomes cheaper, keeping money in the pockets of ratepayers rather than Duke's executives.

ALEC's Updating Net Metering Policies Resolution, discussed last week at its States and Nation Policy Summit in Washington, DC, would complement dirty utilities like Duke Energy that are working to make it more costly for people to feed their own solar power into the electrical grid. See here for ALEC's new anti-environmental resolutions.

Which Utilities will be Using ALEC's State Lawmakers to Attack Solar Energy?

ALEC's utility member companies The new ALEC resolution was crafted with help from lobbyists at Edison Electric Institute, the primary trade association for Duke and most other large U.S. utility companies.

EEI's roster also includes Arizona Public Service (APS), the utility that tried to force Arizona's residential solar electricity producers to pay $50 per month for feeding unused electricity back into the grid. In the end, the monthly fee was reduced to $5 per month, which still serves as a disincentive for homeowners to install their own solar panels.

As it sought to make net metering more expensive for small-scale solar producers, APS lied to the public, denying its funding of anti-solar TV advertisements run by Koch brothers front groups.

APS recently rejoined ALEC after disassociating for a short year. ALEC's Energy, Environment and Agriculture task force includes APS and presumably Duke Energy, among other dirty energy giants. The EEA task force is governed by American Electric Power's Paul Loeffelman and Wyoming state Representative Thomas Lockhart, friend of the coal industry.

Duke Can Still Do the Right Thing

Duke Energy needs to make its intentions clear.

The company can go with the Koch brothers, ALEC, and companies like APS, and financially punish North Carolinians who choose to produce their own electricity. Or, it can finally dump ALEC, its bad policies and anti-democratic processes and shift to a business model that embraces the power of the sun. It can continue to plan around a cost on carbon emissions and phase out dirty coal that aggravates everything from climate change to water pollution to asthma.

We hope to get the right answer from Duke Energy soon.

Ohio Clean Energy still in Koch & ALEC crosshairs

Crossposted from Greenpeace’s blog: The Witness.

Ohio is currently fighting this year's final battle in a nationally-coordinated attack on clean energy standard laws, implemented by the American Legislative Exchange Council (ALEC) and other groups belonging to the secretive corporate front group umbrella known as the State Policy Network (SPN).

ALEC and SPN members like the Heartland Institute and Beacon Hill Institute failed in almost all of their coordinated attempts to roll back renewable portfolio standards (RPS) in over a dozen states--laws that require utilities to use more clean energy over time. After high profile battles in North Carolina and Kansas, and more subtle efforts in states like Missouri and Connecticut, Ohio remains the last state in ALEC's sites in 2013.

ALEC Playbook Guides the Attack on Ohio Clean Energy

 After Ohio Senator Kris Jordan's attempt to repeal Ohio's RPS went nowhere, ALEC board member and Ohio State Senator William Seitz is now using ALEC's new anti-RPS bills to lead another attack on the Ohio law--see Union of Concerned Scientists.

ALEC's newly-forged Renewable Energy Credit Act allows for RPS targets to be met through out-of-state renewable energy credits (RECs) rather than developing new clean energy projects within Ohio's borders. RECs have varying definitions of renewable energy depending on the region they originate from, lowering demand for the best, cleanest sources of power and electricity.

Sen. Bill Seitz's SB 58 takes advantages of existing provisions of Ohio's RPS law and tweaks other sections to mirror the key aspects of ALEC's Renewable Energy Credit Act. His RPS sneak-attack is matched by House Bill 302, introduced by ALEC member Rep. Peter Stautberg.

Just five years ago, Senator Seitz voted for Ohio's RPS law. Now, Seitz calls clean energy incentives "Stalinist."

Attacks on Ohio's Clean Energy Economy: Fueled by Dirty Energy Profits

Most of ALEC's money comes from corporations and rich people like the Koch brothers, with a tiny sliver more from its negligible legislator membership dues ($50/year). This includes oil & gas giants like ExxonMobil ($344,000, 2007-2012) and Big Oil's top lobbying group, the American Petroleum Institute ($88,000, 2008-2010). Exxon and API just two of dozens of dirty energy interests paying to be in the room during ALEC's exclusive Energy, Environment and Agriculture task force meetings.

Other polluting companies bankrolling ALEC's environmental rollbacks include Ohio operating utilities like Duke Energy and American Electric Power. AEP currently chairs ALEC's Energy, Environment and Agriculture task force. Some of these companies (like Duke Energy and the American Petroleum Institute) pay into a slush fund run by ALEC that allows Ohio legislators and their families to fly to ALEC events using undisclosed corporate cash (see ALEC in Ohio, p. 6).

Ohio Senator Kris Jordan used corporate money funneled through ALEC to attend ALEC events with his wife (ALEC in Ohio, p. 7). With electric utilities as his top political donors, Sen. Jordan has dutifully introduced ALEC bills to repeal renewable energy incentives (SB 34), along with other ALEC priorities like redirecting public funds for private schools (SB 88, 2011), and blocking Ohio from contracting unionized companies (SB 89, 2011).

Koch-funded Spokes & Junk Data Bolsters the ALEC Attack

The behavior of Senator Bill Seitz indicates he's more beholden to ALEC and the dirty energy utilities dumping tens of thousands of dollars into his election campaigns* than his constituents. There is support from a majority of Ohioans for utilities to obtain at least 20% of their electricity from clean sources. Ohio veterans spoke up for the RPS for increasing the state's energy security and lowing wholesale energy costs.

Rather than listening to these voices from Ohio, Senator Seitz has sided with out-of-state Koch-funded mouthpieces invited to testify against the Ohio RPS. Back in March, Seitz heard anti-RPS testimony from The Heartland Institute's James Taylor, who repeated false claims that the RPS will make electricity unaffordable.

Taylor's assertions mimicked those made in a debunked series of reports written for ALEC's RPS attacks. The Ohio anti-RPS report was co-published by the Koch-funded Beacon Hill Institute and the American Tradition Institute (ATI), sister group to the Koch-funded Competitive Enterprise Institute. ATI, now known as the Energy & Environment Legal Institute, was largely funded by Montana petroleum millionaire Doug Lair.

Senator Seitz also heard testimony from Daniel Simmons of the Institute for Energy Research (IER), who recited long-debunked statistics from the so-called "Spanish study" and "Danish study." Koch-funded groups have used these two papers for years to stifle clean energy growth in the United States. Daniel Simmons previously worked for ALEC and the Mercatus Center, which was founded by the Kochs. Heartland and the Institute for Energy Research have financial or personnel ties to the Kansas billionaire Koch brothers.

RPS and Energy Efficiency Are Helping Build Ohio's Economy

Thanks in part to energy efficiency incentives and the RPS law, Ohio's clean energy economy is expanding rapidly, with 25,000 Ohioans employed by 400 companies in the sector. Wind energy is set to expand rapidly, with the American Wind Energy Association projecting $10 billion in investments over the next decade, thanks to the RPS targeted by ALEC and its dirty companies through loyal politicians like Senator Seitz.

Not content to just weaken incentives for clean energy growth, Bill Seitz's SB 58 would also undermine energy efficiency standards, another item on ALEC's agenda. This despite a projected $2.7 billion in savings for Ohio by 2012, as directed by the efficiency and RPS laws.

No wonder ALEC got dumped by its wind and solar trade members.

----

*Since 2007, Senator Seitz has received $46,450 from coal utilities that are ALEC member companies:

  • $21,500 from American Electric Power (AEP)
  • $15,300 from Duke Energy
    • $4,800 of this bundled from Duke Employees in Ohio, Kentucky and Indiana during the 2008 election cycle
  • $4,000 from NiSource
  • $3,000 from Dominion
  • $2,650 from the Ohio Rural Electric Cooperatives, a member of the nation's top dirty energy lobbying heavyweight, the National Rural Electric Cooperative Association.

If you add contributions from FirstEnergy, AES subsidiary Dayton Power & Light, and the Ohio Coal Association, Sen. Seitz's coal money since 2007 tops $66,000.

ALEC's December, 2012 meeting in Washington, DC was heavily sponsored by coal companies, including AEP, the National Rural Electric Cooperative Association (NRECA), and Edison Electric Institute, the utility trade group whose membership includes Duke Energy, AEP, NiSource, Dominion, AES and FirstEnergy.

Data aggregated by the National Institute for Money in State Politics - FollowTheMoney.org

Exposed: ALEC's new anti-environmental agenda in Chicago this week

New internal documents obtained by the Center for Media and Democracy (CMD) reveal new methods that fossil fuel companies, agrochemical interests and corporate lobbying groups will influence certain state policies in the coming months through the American Legislative Exchange Council, or ALEC.

ALEC's annual meeting is taking place in Chicago this week, just as Common Cause and CMD have filed a complaint to the IRS over ALEC's corporate-funded "Scholarships" for state legislators--ALEC is a tax exempt non-profit despite their mission of facilitating an exchange of company-crafted laws with state legislators in closed-door meetings.

ALEC's Energy, Environment and Agriculture task force is drafting new model bills on behalf of its members like Duke Energy, ExxonMobil, Koch Industries and Peabody. ALEC's anti-environmental agenda in Chicago is available for viewing (see E&E PM and Earthtechling). These are the new model bills ALEC and its energy, chemical and agricultural interests are finalizing this week.

The Market-Power Renewables Act and the Renewable Energy Credit Act: ALEC and other Koch-funded State Policy Network groups like the Heartland Institute haven't had much success with their attempts to repeal state renewable portfolio standard (RPS) laws through the ALEC/Heartland Electricity Freedom Act. The Market-Power Renewables Act and Renewable Energy Credit Act are two newer, more subtle attempt to weaken RPS laws by phasing in a renewable power voluntary program, creating space for existing and out-of-state energy credits to displace new clean energy, and eventually repealing the RPS requirements entirely.

To slow the growth of clean energy competition, ALEC's fossil fuel members wrote these bills to allow increasing portions of a states clean energy generation requirements to be fulfilled by Renewable Energy Credits, or RECs. RECs are allowed to qualify in some states' RPS laws already, often in limited amounts, and they are not created equal. For instance, the benefits of burning gas leaking from landfills--something waste management companies would be selling anyway--are not on par with the societal benefits from building new sources of clean energy and displacing older, dirtier sources. You can see why ALEC member companies like American Electric Power or Duke Energy may take issue with this, given their reliance on coal and gas electricity generation.

Increasing the amount that RECs can qualify for state RPS targets means allowing more out-of-state energy. This could displace in-state jobs and economic benefits from clean energy development. The RECs may also come from sources that aren't defined as "renewable" in some states' RPS laws, or are only allowed in limited amounts, such as hydropower, biomass or biogas, creating a lowest common denominator effect. At the end of any given year, the ALEC bill would allow states to bank any extra energy generated from RECs beyond what the RPS law requires and use them to meet RPS targets for the following year. This could continually delay the growth of new, clean energy.

Resolution in Opposition to a Carbon Tax: Despite support for a carbon tax from ALEC members like ExxonMobil, ALEC is creating a model bill to weigh in on what will become the keystone policy battle for climate change science deniers, a battle that is already creating a rift among conservative groups, like the Koch-funded Heritage Foundation and the Heartland Institute against the R Street Institute. R Street formed when Heartland's Fire, Insurance and Real Estate program split away last year, after Heartland's insurance company funders were uncomfortable with the group comparing those who acknowledge climate change to the Unabomber.

Pre-Emption of Local Agriculture Laws Act: This bill would prevent governments under the state level (cities, towns, counties) from creating new laws or enforcing existing laws that have to do with the regulation of seeds and seed products--ie crops, flowers, and pretty much all food products grown in a state. This would allow companies like Monsanto (indirectly represented in ALEC through its membership in CropLife America, an agrochemical front group and ALEC energy task force member) to bottleneck regulations of their GMO seeds and products at the state government level and stop community resistance to their abusive patent laws and enforcement through lawsuits.

For examples of what ALEC has already been busy with this year, check out PR Watch's roundup of 77 anti-environmental ALEC bills that have popped up in state legislatures in 2013, supporting the Keystone XL tar sands pipeline project, rolling back renewable energy incentives and making it illegal to document animal abuse, among other issues.

More info on ALEC's broader corporate agenda can be found on ALEC Exposed.

How ALEC and Exxon Secretly Fracked North Carolina

Former EPA Administrator Michael Leavitt speaks at an ALEC event sponsored by ExxonMobil, among other dirty energy interests and Fortune 500 companies. (AP Photo/Elaine Thompson through Bill Moyers.com)

Remember that controversial law last year, legalizing fracking in North Carolina after being vetoed by the state's governor? The law bears tell-tale signs of being written by the American Legislative Exchange Council (ALEC), a corporate front group with ties to the fracking industry.

Like the Exxon-backed fracking loopholes in Ohio and numerous other states, the new North Carolina law contains the same "trade secrets" provisions that ensure the public will not have the right to know which chemicals gas frackers are pumping underground to retrieve shale oil and gas. The "trade secrets" provisions are key to ALEC's model bill in order to allow Exxon, Shell, Duke Energy and other ALEC member companies to more quickly extract, pipe and burn gas without having to bother with pesky transparency laws.

Here's a list of NC ALEC legislators who co-sponsored the bill legalizing fracking: S820 or HB1052 -- the so-called "Clean Energy and Economic Security Act"

  • Sen. Tom Apodaca
  • Sen. David Rouzer -- member of ALEC's Energy, Environment and Agriculture task force, which created the frack fluid disclosure loophole bill with internal sponsorship by ExxonMobil.
  • Rep. Mike Hager
  • Rep. Tim Moffitt
  • Rep. Fred Steen -- ALEC's State Chairman in NC

Rep. Fred Steen co-sponsored the House version of the so-called "Clean Energy and Economic Security Act." Steen was ALEC's State Chair in North Carolina, and his job is to ensure ALEC models are introduced and, ideally for ALEC, passed. Rep. Steen was the only state legislator serving as State Chair in North Carolina (other states often have multiple legislators serving as co-chairs), and according to ALEC's tax forms, his position implies the following responsibilities (emphasis mine):

State Chairmen duties shall include recruiting new members, working to ensure introduction of model legislation, suggesting task force membership, establishing state steering committees, planning issue events, and working with the Private Enterprise State Chairman to raise and oversee expenditures of legislative 'scholarship' funds.

As ALEC's state chairman in NC at the time of this vote, Rep. Steen appointed a "Private Sector Co-Chairman" to help oversee ALEC activity in NC. In this case, Rep. Steen worked with North Dakota lobbyist Joel Gilbertson, who represents clients like AIG, PhRMA, and Crop Life America (a front group for pesticide and chemical fertilizer interests). Rep. Steen was listed on ALEC's website as its State Chairman since at least late 2008, suggesting that he has been re-appointed to that position at least once--a term lasts two years.

Ironically, co-sponsoring Rep. Mike Hager has been asked about his role in ALEC before, telling the Charlotte Business Journal that, "I'm not a big fan of model legislation." Apparently, keeping toxic chemicals secret from constituents is something Rep. Hager is a big fan of, in which case ALEC models are pretty useful. Rep. Hager has received $15,500 from oil, gas and electric utility interests in this election cycle, on top of $3,250 from his first successful election bid in 2010. One of the utilities donating to Rep. Hager is Duke Energy, his former employer, which operates natural gas pipelines that deliver to over 500,000 customers and is expanding gas generation at its power plants.

North Carolina's fracking loophole law has drawn attention from around the country, including a statement of support from Republican presidential candidate Mitt Romney. The new NC law barely overturned a veto by former Gov. Beverly Perdue, in a heartbreaking twist involving one Democratic legislator being bought out at the last minute and another accidentally voting in favor of the bill and refused the opportunity to correct her vote, something that is commonly acceptable when such a mistake is made. The Charlotte Observer explains:

Rep. Becky Carney, a Democrat from Mecklenburg County who opposes fracking, pushed the wrong button and accidentally voted with Republicans to override the veto. A maneuver by Wake County Republican Paul “Skip” Stam prevented her from changing her vote, giving the GOP a historic one-vote margin of victory. "It was a huge mistake,” Carney said afterward. “I take full responsibility.” Democrats denounced Stam’s quick parliamentary maneuver as a dirty trick that resulted in the passage of a landmark energy overhaul that could create a natural gas production industry in the state. [...] Carney said it was the first time in her 10-year legislative career that she pushed the wrong button on a vote. Mistaken votes are not uncommon and letting lawmakers change their votes is routine practice in the state legislature.

This local news clip posted by the Voter's Legislative Transparency Project, which tracks ALEC activity in North Carolina, includes more on Rep. Carney's error:

Institute for Southern Studies: How renewable energy won in North Carolina

(Photo from the National Renewable Energy Laboratory.)

This article by Sue Sturgis was crossposted from Facing South, the online magazine of the Institute for Southern Studies.

A bill that would have ended North Carolina's renewable energy program was voted down this week by a state House committee in a bipartisan vote by a surprisingly wide margin.

House Bill 298 was backed by more than a dozen conservative advocacy groups including the American Legislative Exchange Council, Americans for Prosperity, the Competitive Enterprise Institute, and the John Locke Foundation -- organizations that have considerable influence in North Carolina's Republican supermajority-controlled legislature.

So how did the measure lose?

In a word: jobs.

From the moment talk of repealing the state's renewable energy standard began intensifying following last year's election among conservative groups that have long denied the reality of global warming, the state's sustainable energy industry and environmental advocates pushed back by focusing on the law's track record of creating jobs and other economic benefits.

The N.C. Sustainable Energy Association, an industry lobby group, commissioned an economic analysis of the law, which passed in 2007 by a wide bipartisan margin and was the first of its kind in the Southeast. Released in February, the study conducted by RTI International and La Capra Associates found that North Carolina's law has been a driver of clean energy development, which in turn as been an important job creator for the state.

The researchers found that while the state's economy lost more than 100,000 jobs from 2007 to 2012, clean energy development led to a net gain in employment of 21,162 "job years" (one job that lasts one year) over the same period. It also found that tax credits used by renewable energy projects were important revenue generators for state and local governments, and that the bill would save ratepayers millions of dollars over the long term by avoiding construction of costly new power plants.

In all, the study found that North Carolina has reaped $1.7 billion in total economic benefits from the law over the past six years.

When the repeal bill came up for its first public hearing earlier this month in a House Commerce subcommittee, the only people who spoke in favor of it were from Americans for Prosperity and the Civitas Institute, another conservative advocacy group. The overwhelming majority of speakers praised the renewable energy law's positive economic impact. Besides owners of clean energy companies, they included farmers who have begun investing in systems to generate power from livestock waste methane, which counts as a renewable under North Carolina's law. They were also joined by rural economic development advocates who spoke about how clean energy generation has created jobs and expanded the tax base in struggling rural communities.

It proved a convincing message in a state with the nation's fifth-highest unemployment rate and entrenched poverty in rural areas, where many of the state's renewable energy projects are located.

Though the repeal bill squeaked by in its first subcommittee vote by 11-10, two key Republicans voted against it. State Rep. Mike Hager (R-Rutherford), a former Duke Energy engineer and House majority whip who was one of the bill's four primary sponsors and its most outspoken proponent, saw that his proposal was in trouble. He has made several revisions to the measure in an effort to win support.

This week the proposal was scheduled to be heard in the House Environment Committee chaired by Rep. Ruth Samuelson of Charlotte -- one of the Republicans who voted against the measure in the Commerce subcommittee. But on Monday, the measure was re-referred to the House Public Utilities Committee, which is chaired by Hager himself, for an April 24 hearing.

It was there that the repeal bill appears to have been defeated with the help of a half-dozen of Hager's fellow Republicans, including three GOP leaders. After a relatively brief half-hour debate in which lawmakers noted that the policy has brought investments and jobs to their districts, the committee voted 18-13 to kill the bill. The wide margin surprised many observers, who thought it would likely go either way by a single vote.

"This vote to defeat the REPS repeal bill was not just a good outcome, it was the right outcome," said Ivan Urlaub, executive director of the N.C. Sustainable Energy Association. "North Carolina businesses, ratepayers, workers, and state and local economies all had a stake in this outcome, and they all won a victory today."

While the bill appears dead for now, the possibility remains that it could come back in a revised form. Hager told the Associated Press after the vote that the sponsors are "going to try and patch it up."

In the meantime, Dallas Woodhouse, director of the North Carolina chapter of Americans for Prosperity (AFP), told The News & Observer of Raleigh that Republicans who voted against the repeal "need to be held accountable." AFP and allied opponents of North Carolina's renewable energy law portrayed it as a burdensome tax on consumers. Duke Energy's residential customers pay 22 cents a month and Progress Energy's 42 cents to subsidize renewables under the law.

AFP had joined with the John Locke Foundation, a North Carolina think tank that has been a leading voice of climate science denial and an opponent of renewable energy initiatives, to launch a StopGreenEnergyTax.com website to promote the repeal bill. Following the bill's defeat, the Locke Foundation posted a statement saying the committee voted to continue a "raw deal for tax payers and rate payers."

The effort to repeal North Carolina's renewable energy law is part of a broader conservative attack against such laws in a number of states including Texas, Virginia, and West Virginia. Many of the groups involved in the repeal effort, including AFP, have financial ties to fossil-fuel interests.

ALEC Energy Director Misleads the Wall Street Journal

Todd Wynn: director of ALEC's Energy, Environment and Agriculture task force, formerly of Cascade Policy Institute. Cascade and ALEC are two of the many front groups coordinated under the umbrella of the State Policy Network.

Written by Gabe Elsner of the Checks and Balances Project. Crossposted with permission from Huffington Post: ALEC Energy Director Misleads the Wall Street Journal

In Friday's Wall Street Journal story, "States Cooling to Renewable Energy," American Legislative Exchange Council (ALEC) Energy, Environment and Agriculture Task Force Director Todd Wynn claimed, "I have not received one dime to work directly on renewable-energy mandates." Wynn may not have received a check where the memo read: "For your efforts to attack clean energy policies" but his ALEC paycheck certainly comes (in part) from fossil fuel interests.

ALEC received approximately 98 percent of its budget from corporations, trade associations and corporate foundations, according to IRS 990 tax forms from the organization in 2009.

The members (as of June 2011) of Mr. Wynn's task force include at least 23 fossil fuel companies and utilities, like ExxonMobil, Continental Resources, Peabody Energy and Duke Energy, that have a direct financial interest in slowing the growth of clean energy. Task force members fund almost all of ALEC's operations.

ALEC corporate members each pay between $7,000 and $25,000 or more to be members. The corporate task force members also pay fees to have a vote on what pieces of "sample legislation" should be sent to state legislators. And, last fall, the energy task force members voted to push the "Electricity Freedom Act," which repeals state clean energy standards, through state legislatures across the country.

So it's no surprise these bills are showing up and being pushed by fossil fuel interests and front groups in states across the country. Wynn probably received at least a few dimes to coordinate this effort to attack clean energy policies. If ALEC wants to provide some transparency on its budget, Checks and Balances Project would be happy to take a second look.

Follow Gabe Elsner on Twitter: www.twitter.com/GabeElsner

Koch Industries funds ALEC and State Policy Network front groups to kill Kansas clean energy standard

Crossposted from Greenpeace USA

Correction: this post listed Sen. Julia Lynn as a supporter of the RPS freeze--she is not and her name was removed from SB 82 co-sponsors below.

A recent flood of Koch-supported think tanks, junk scientists and astroturf groups from inside and outside of Kansas are awaiting the outcome of a bill this week that could stall progress on the growth of clean energy in Kansas.

States around the country, including Texas, Ohio, Missouri and North Carolina are poised to cut back on government support for clean energy jobs using model legislation from the American Legislative Exchange Council. ALEC, which brings companies together with state lawmakers to forge a wish list of corporate state laws behind closed doors, is coordinating this year's assault on state laws that require a gradual increase of electricity generated by clean energy sources.

ALEC and a hoard of other Koch-funded interests operating under the umbrella of the State Policy Network have hit Kansas legislators hard with junk economic studies, junk science and a junk vision of more polluting energy in Kansas' future. Koch Industries lobbyist Jonathan Small has added direct pressure on Kansas lawmakers to rollback support for clean energy.

This fossil fuel-funded attack ignores the good that wind energy has done for Kansas, a state known for its bipartisan support for its growing wind industry (see key report by Polsinelli Shughart). The state now has 19 operating wind farms that have brought millions to farmers leasing their land and millions more to the state, county and local levels (NRDC). The American Wind Energy Association says that Kansas wind industry jobs have grown to 13,000 with the help of incentives like the renewable portfolio standard.

Unfortunately, clean energy is not palatable to the billionaire Koch brothers or the influence peddlers they finance.

All of the following State Policy Network affiliates (except the Kansas Policy Institute) are directly funded by the Koch brothers, while most of the groups get secretive grants through the Koch-affiliated "Dark Money ATM," Donors Trust and Donors Capital Fund, which have distributed over $120,000,000 to 100 groups involved in climate denial since 2002.

Beacon Hill Institute
  • $53,500 grant from Donors Trust in 2007
  • Koch-funded (Washington Post)
  • State Policy Network member

Based out of Suffolk University's economics department, the Beacon Hill Institute wrote the fundamentally flawed analysis that ALEC is using to scare legislators into thinking that renewable portfolio standards will destroy the economy. In reality, electricity prices do not correlate with state RPS laws (see also Kansas Corporation Commission).

An extensive debunk of the Beacon Hill report was done by Synapse Energy Economics, and similar critiques can be read in the Portland Press Herald and the Maine Morning Sentinel, the Union of Concerned  Scientists, the Nature Resources Defense Council and the Washington Post.

The definitive Post article confirms that the Beacon Hill Institute is Koch-funded. This may be through $729,826 in recent grants (2008-2011) from the Charles G. Koch Foundation to Suffolk University. The Kochs tend to send grants to economics departments, causing controversy at Florida State University and other schools over professor hiring processes.

Beacon Hill's Michael Head co-authored the reports that ALEC and the State Policy Network are using in several states. Mr. Head specializes in STAMP modeling, a form of economic analysis that has been criticized for its limitations and poor assumptions in the case of energy analysis. Michael Head testified before the Kansas legislature on February 14th to promote the flawed findings of his report. Mr. Head testified alongside members of the Heartland Institute, Americans for Prosperity and the Kansas Policy Institute (see more on each, below), all of which are members of ALEC and SPN.

American Legislative Exchange Council (ALEC): 

ALEC is leading the nationally-coordinated attack on state renewable portfolio standards as part of an ambitious dirty energy agenda for the members of its anti-environmental task force, like Koch Industries, ExxonMobil, Peabody Energy, Duke Energy and other major oil, gas and coal interests.

ALEC's "Electricity Freedom Act" is a full repeal of state laws requiring increasing electricity generation from clean sources, although in some states the model has morphed into a freeze of those targets rather than a full repeal. Kansas is one of those states.

The bills running through Kansas' House and Senate are co-sponsored by legislators who are members of ALEC. The Senate Utilities committee sponsoring SB 82 has at least three ALEC members and the House Energy & Environment committee that introduced HB 2241 has at least three ALEC members:

  • Senators Forrest Knox, Ty Masterson and Mike Petersen.
  • Representatives Phil Hermanson, Scott Schwab, and Larry Powell (member of ALEC's anti-environmental task force that created the Electricity Freedom Act)
While it's unclear if the lead House sponsor Rep. Dennis Hedke is directly affiliated with ALEC, he spoke directly with a Koch Industries lobbyist about the bill and has a close relationship with the Heartland Institute, which promoted one of his books.
 
The Heartland Institute:

Heartland is based in Chicago and perhaps best known for its billboard comparing those who recognize climate change with the Unabomber (for which they lost over $1.4 million in corporate sponsorship along with the "mutiny" of their entire Insurance department, now the R Street Institute).

The Washington Post reports that ALEC's "Electricity Freedom Act" was created by the Heartland Institute. Heartland has long been a paying member of ALEC's Energy, Environment and Agriculture task force along with Koch, Exxon and others. Citing the flawed Beacon Hill reports, Heartland has encouraged a repeal of Kansas' clean energy incentives on its website.

Heartland lawyer James Taylor testified before the Kansas legislature in February, opining that the growth of Kansas' clean energy sector is "punishing the state’s economy and environment." James Taylor was flown into Kansas City for an Americans for Prosperity Foundation event intended to undermine the Kansas RPS law. The AFP Foundation is chaired by David Koch.

Americans for Prosperity:
 

Americans for Prosperity was created by the Kochs with help from Koch Industries executive Richard Fink after the demise of their previous organization, Citizens for a Sound Economy (CSE), which split into AFP and FreedomWorks in 2004.

In addition to hosting an event against the Kansas RPS law featuring Heartland's James Taylor, AFP's Kansas director Derrick Sontag testified before the Kansas House committee on Energy and Environment. AFP's Sontag urged for a full repeal rather than a simple RPS target freeze:

"We believe that HB 2241 is a step in the right direction, but that it doesn't go far enough. Instead, AFP supports a full repeal of the renewable energy mandate in Kansas."

Derrick Sontag apparently only cited a range of debunked studies (the "Spanish" study and the flawed Beacon Hill report) and information from Koch-funded interests like the Institute for Energy Research and "State Budget Solutions," a project of several State Policy Network groups including ALEC and the Mercatus Center, a think tank founded and heavily-funded by the Kochs.

Kansas Policy Institute

The Kansas Policy Institute (KPI) has been the central coordinating think tank within Kansas as outside interests have backed ALEC's attack clean energy laws. KPI co-published the debunked Beacon Hill Institute report that ALEC has used for its clean energy standard repeal in Kansas (see sources in Beacon Hill section above for debunking).

Kansas Policy Institute Vice President & Policy Director James Franko testified in the Kansas legislature alongside representatives of Heartland Institute, Americans for Prosperity and Beacon Hill Institute on Feb. 14 to weaken Kansas's renewable portfolio standard.

Reasserting the false premise that clean energy standards substantially increase electricity prices, James Franko told the legislature's Energy & Environment committee:

We have no objection to the production of renewable energy. [...] Our objection is to government intervention that forces utility companies to purchase more expensive renewable energy and pass those costs on to consumers.

James Franko's free market logic comes with the usual holes--no mention of the "costs" of coal and other polluting forms of energy that taint our air, water and bodies, nor any mention of how the government spends billions each year propping up the coal and oil industries.

After KPI's Franko testified before Kansas legislators on February 14, KPI hosted a luncheon for legislators at noon on the same day. The luncheon, hosted at the Topeka Capital Plaza Hotel, featured Beacon Hill's Michael Head. From KPI's email invitation:

"Given the importance of this issue, we would like to invite you to join us for lunch on Thursday 14 February to hear from the author of a study we published last year exploring the costs and benefits of the Renewable Portfolio Standard (RPS). Not only will we be discussing KPI’s study but offering a review of different studies that have been presented to the Legislature."

KPI has served as the glue for other State Policy Network affiliates entering Kansas to amplify the opposition to clean energy.

Chris Horner -- Competitive Enterprise Institute & American Tradition Institute

Chris Horner is a senior fellow at CEI and the lead lawyer at ATI, a close CEI affiliate known for its litigious harassment of climate scientist Michael Mann alongside Virginia attorney General Ken Cuccinelli, who just worked with coal utility companies to kill Virginia's renewable energy law. ATI was behind a leaked memo encouraging "subversion" among local groups opposed to wind energy projects.

Horner testified before the Kansas legislature on February 12 to encourage the false notion that the renewable energy portfolio standard is going to make consumer electricity bills skyrocket (again, there is no correlation between state RPS laws and electricity prices). He cited the long-debunked "Spanish" study, which Koch front groups have cited for years in attempts to undermine clean energy.

Chris Horner is affiliated with several other Koch- and Exxon-funded State Policy Network affiliates such as the National Center for Policy Analysis and Tech Central Station (set up by DCI Group).

Grover Norquist and Americans for Tax Reform:

ATR president Grover Norquist wrote a Feb. 27, 2013 letter supporting the Rep. Dennis Hedke’s House bill shortly before the bill was kicked back into the House Utilities commission. This Kansas letter followed an ATR op-ed in Politico encouraging rollbacks of state clean energy incentives, claiming they are a "tax," which is Norquist's consistent tactic against anything the financiers of ATR don't feel like supporting.

Junk scientists with Koch and Exxon ties:

Disgraced scientists Willie Soon and John Christy were flown in by Americans for Prosperity to assure state legislators that global warming isn't a problem (it's already a $1.2 trillion problem annually). Doctor's Soon and Christy themselves directly funded by Koch or directly affiliated with several Koch-funded interests like the Competitive Enterprise Institute and Heartland.

Willie Soon in particular has a habit of conducting climate "research" on the exclusive dime of coal and oil interests over the last decade:

  • ExxonMobil ($335,106)
  • American Petroleum Institute ($273,611 since 2001)
  • Charles G. Koch Foundation ($230,000)
  • Southern Company ($240,000)

Dr. Soon's questionable climate research now receives funding through the Donors Trust network--$115,000 in 2011 and 2012.

See Skeptical Science's profile of John Christy for a through explanation of why he is not a credible voice in the scientific community studying climate change, using peer-reviewed climate research as refutation.

State Policy Network

KOCH INDUSTRIES

  • Based in Wichita, Kansas
  • Operations in oil refining, oil and gas pipelines, fossil fuel commodity & derivatives trading, petrochemical manufacturing, fertilizers, textiles, wood and paper products, consumer tissue products, cattle ranching, and other ventures.
  • $115 billion in estimated annual revenue
  • 84% private owned between brothers Charles Koch and David Koch, each worth an estimated $34 billion (Forbes) to $44.7 billion (Bloomberg).
  • Member of ALEC's anti-environmental task force
  • Associated foundations fund State Policy Network, ALEC, Heartland Institute, Americans for Prosperity, Beacon Hill Institute, Competitive Enterprise Institute, Americans for Tax Reform and Dr. Willie Soon.
  • Koch brothers founded Americans for Prosperity and helped establish the Heartland Institute.

The money trail of the out-of-state groups inundating Kansas with their sudden interest in killing the state's incentives for wind energy leads back to the Koch brothers. While Koch Industries has deployed its own lobbyists to compliment the effort, the brothers who lead the company have tapped into their broader national network to aid the fight against clean energy in Kansas.

Charles and David Koch, the billionaire brothers who own Koch Industries, have spent over $67,000,000 from their family foundations on groups who have denied the existence or extent of global climate change, promote fossil fuel use and block policies that promote clean energy development.

The Kochs obscure millions more in annual giving through Donors Trust and Donors Capital Fund, which collect money from the Kochs and other wealthy corporate interests and pass it on to State Policy Network groups.  This video provides a visual overview of how the Koch-funded network amplifies unscientific doubt over climate science and blocks clean energy policies:

 

 

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