After Fossil Fuel Front Group Attacks on Clean Energy Fail, New Model Bill Emerges to Weaken RPS Laws

ALECFossilFuelFundersMembers of the American Legislative Exchange Council (ALEC), including fossil fuel corporations and front groups, will meet in Chicago this week to discuss their next round of attacks on clean energy policies. The Center for Media and Democracy (CMD), The Checks & Balances Project (C&BP) and Greenpeace released ALEC’s confidential model bills and agenda ahead of their Annual Meeting taking place in Chicago, that include a new anti-clean energy model bill, “The Market-Power Renewables Act.”

 “A little sunlight is a powerful force for good. ALEC is trying every trick in the book to keep the agenda of their upcoming meetings secret,” said Nick Surgey of The Center for Media and Democracy. “They are even claiming every state’s public record laws don’t apply to them. This is preposterous. The ALEC documents that CMD obtained show that ALEC is continuing to scheme on behalf of fossil fuel corporations, working together to undermine state’s efforts to promote renewable energy production.”

 “The Market-Power Renewables Act” will likely serve as the model for another round of attacks on state Renewable Portfolio Standards (RPS) in 2014 following ALEC’s failure to weaken or eliminate clean energy policies this year. The new bill would significantly weaken state clean energy laws by broadening the eligible electricity sources to include existing, large hydroelectric power plants, biomass, biogas and other sources of electricity.

 “Fossil fuel-backed efforts to rollback clean energy laws in states across the country have failed, including in at least three critical battleground states,” said Gabe Elsner, Director of C&BP. “It’s no surprise that ALEC is pushing a new model bill that would eliminate incentives for in-state investments in clean energy. These policies are boosting investment in the clean energy industry and creating jobs, which poses a major threat to fossil fuel interests.”

Despite a robust lobbying effort from fossil fuel corporations and fossil fuel-funded front groups, ALEC and its allies lost in the critical battleground states of Kansas, North Carolina and Missouri. Bipartisan majorities defeated ALEC’s model legislation this year, after ALEC legislators in at least 13 states sponsored or co-sponsored legislation to weaken or eliminate RPS laws.

But despite complete failure in 2013, ALEC’s Energy, Environment and Agriculture Task Force Director Todd Wynn indicated that attacks on clean energy laws would resume in 2014.

 “Fossil fuel-funded front groups connected to the Koch-funded State Policy Network and ALEC advocated to repeal or weaken RPS laws in at least 14 states,” said Connor Gibson of Greenpeace. “Many of these front groups published flawed economicreports written by the fossil fuel-funded Beacon Hill Institute to inflate the cost of RPS and ignore the economic benefits of the pro-clean energy laws.”

Our weekly wrap on the top 5 energy stories for the week of July 29th

COGA CEO Tisha Schuller supports front group claim that trees cause smog

Colorado Oil and Gastrees cause smog copy Association CEO Tisha Schuller said she wanted to depolarize the debate around fracking and drilling, and even said she’d be touring Colorado communities to do just that. So it was disappointing, if not surprising, when her group helped publicize industry front group Energy In Depth’s (EID) attacks on Denver Post reporter Bruce Finley. Finley came under fire from EID for his story on new requirements for companies surveying for oil and gas on residents’ land and for shining a light on industry propaganda. The EID piece went so far as to contend that trees cause smog. Rather than seize the opportunity to help set the record straight about the negative effects of oil and gas, Schuller’s group tweeted her support of EID’s lies. If Schuller truly wants to help depolarize the debate, she’ll distance herself from EID.

Group tours Dinosaur National Park to discuss proposed drilling

As concerned parties wait to learn whether or not Colorado BLM Director Helen Hankins will again try to lease land next to Dinosaur National Park’s visitor center for oil and gas drilling, Colorado Senator Michael Bennet brought together industry, politicians experts, including Park Ranger Jim Gale, to discuss the project on a two-day river trip through Dinosaur National Park. Others on the trip included: Colorado State Senator Gail Schwartz and a representative from the water commission. Gale blogged on the impact their surroundings’ beauty had on the entire group. But, questions remain about the fate of the park and whether the Colorado BLM is up to the task of balancing protecting the park with oil and gas development.

Water shortages among top concerns in Colorado

This week The Coloradoan asked five people—experts, an activist, and politicians—their views on the greatest environmental threats tCache La Poudre River copyo the state. Climate change, water shortages, air and water quality and the expansion of oil and gas were top environmental concerns.

Despite the group’s concerns, surprisingly most believed there were steps Coloradoans and the state could take to lessen the effect of environmental threats. Solutions ranged from greater protection of rivers, Coloradoans making their views known during elections, water conservation, and better oil and gas regulation.

Oil and gas royalty rates from the 1920s shortchange taxpayers

In a recent The Hill op-ed, Jim Baca, highlighted the up to hundreds of millions of dollars taxpayers are losing out on due to oil and gas onshowoodrow wilson copyre royalty rates that have not been updated since the 1920s when Woodrow Wilson was president. Citing data from the Center for Western Priorities’ (CWP) recent report, “A Fair Share: The Case for Updating Federal Royalties,” Baca writes that the federal government is required to evenly split royalty revenue with states where oil is produced. Yet, the federal government charges oil and gas companies only 12.5 percent, lower than the 16.67 percent to 25 percent charged by the energy-rich states Colorado, Montana, New Mexico, Utah, and Wyoming. These states are losing out on an estimated $400-$600 million dollars in revenue as a result of the government’s undercharging, the report says.

According to President Obama’s estimates, over the next 10 years updating the onshore royalty rate would generate $2.5 billion in net profit for the U.S. Treasury.

And, the good news is the Department of the Interior has the authority to raise the onshore rate to one that’s fair to taxpayers. It wouldn’t be the first time the agency raised rates, having previously raised the offshore rate from 12.75 percent to 18.75 percent under the Bush Administration.

With the President estimating an economic boost in the billions and the Department of the Interior having the power to do so, it’s time to charge a rate that’s fair to states and to taxpayers.

Cornell Professor and oil and gas engineer: gas is not “clean”

In a recent New York Times op-ed, Cornell Professor Anthony Ingraffea  discussed the negative impact of gas-produced methane on our air and water and says that if we really want to address climate change, as outlined in President Obama’s recent speech, we’ll support the scaling of renewables such as solar. However, he adds that support for renewables needs to be coupled with policies that recognize the threat from oil and gas leaks and emissions.

Hickenlooper’s Misdeed #4 – Opposing local efforts to protect residents from oil & gas drilling pollution

Gov. John Hickenlooper continues to oppose local efforts to protect residents from oil and gas drilling pollution, going so far as to sue local governments and taxpayers.

In his most recent action, the Hickenlooper-appointed Colorado Oil and Gas Conservation Commission openly joined the Colorado Oil and Gas Association, an industry lobby-group headed-up by CEO Tisha Schuller, in the administration’s second lawsuit against the city of Longmont.

As drilling operations encroach more and more on suburban and urban residential neighborhoods, Colorado communities have taken steps to protect residents while the Hickenlooper administration has actively opposed stronger health and safety protections.

In a February interview for CBS affiliate 4 News, Gov. Hickenlooper said that he would, “have to” sue every city and county that passes a fracking ban.

However, local elected officials aren’t taking the governor’s attacks lying down. In June, after Gov. Hickenlooper helped kill bills in the legislature to improve drilling and fracking regulations, 100 current and former local electeds signed a letter to Gov. Hickenlooper that read, “We would like to work with you in crafting an improved approach to addressing oil and gas development in Colorado.”

The letter went on to read, “We are concerned that the State’s positions do not adequately address the growing outcry from our citizens who are concerned about the health and safety of their families, the livability of neighborhoods, and the long-term economic vitality of our communities.”

As far as we know, that meeting hasn’t happened. As a former mayor of the City of Denver, one would think Gov. Hickenlooper would support local control and the right of municipalities to protect residents from dangerous oil and gas operations.

Ironically, he recently admitted that “oil and gas is an industrial process that none of us want in our backyard.”

As long as he insists on making oil and gas companies a priority over the health of Colorado families, he should expect local officials and residents to get involved. The least he could do is stop wasting taxpayer money on lawsuits fighting communities from doing the job he’s failed to do, protect Colorado.

This is the fourth installment in our blog series “Hickenlooper’s Misdeeds,” which shines a spotlight on how Colorado Gov. John Hickenlooper has put the interests of oil and gas companies ahead of the health of Colorado families and local communities.

Industry front group pivots to “If you can’t be right, be loud” strategy

It appears that Colorado oil and gas lobbyists are back to playing their old games of lies and misinformation.

Monday, the industry-sponsored, blatantly anti-science group Energy in Depth (EID) put out new propaganda in an attempt to distract from the truth of how damaging oil and gas operations are to western air quality. In an interesting twist, EID’s Simon Lomax chose to attack Denver Post environmental reporter Bruce Finley as a means of casting doubt on the studies and data Finley references in his stories. Lomox spent a great deal of time and a lot of column inches cherrypicking to try and refute the negative effects of oil and gas drilling pollution on air quality. Our favorite line here at C&BP is when Lomax blames trees for smog.

“…and, not for nothing, those percentages don’t even include the biggest source of smog-forming emissions, which is the “biogenic” category – meaning trees and other vegetation.”
– Simon Lomax, “What Bruce Finley Failed to Mention About Air Quality,” Jan. 29, 2013

EID is a front group that was launched in 2009 by the Independent Petroleum Association of America (IPAA) – a.k.a the natural gas lobby. It has a team that works in various energy producing states where citizens are rightly concerned about the impacts of oil and gas to clean air, clean water, and property values.

coga_eid_tweet
It was disappointing to see that Colorado Oil and Gas Association (COGA) CEO Tisha Schuller decided to insert her group into the theatrics. It was just over a month ago that Schuller began her “charm offensive,” announcing that she would tour Colorado in an attempt to depolarize the debate around drilling and fracking near communities. One way for her to do that would be to publicly distance herself and her organization from disinformation producers like EID. Instead, COGA retweeted EID’s claims.

Speaking of claims, here are a few other facts regarding fracking and air quality that EID would much rather the public wasn’t aware of.

  • According to the EPA, “Methane, the primary constituent of natural gas, is a potent greenhouse gas…oil and natural gas production and processing accounts for nearly 40% of all U.S. methane emissions, making the industry the nation’s single largest methane source.”
  • According to the EPA, “Some of the largest air emissions in the natural gas industry occur as natural gas wells that have been fractured are being prepared for production.”
  • CU’s Colorado School of Public Health determined that residents living within one half mile of natural gas wells are at greater risk for potential health problems.
  • The EPA has found emissions from drilling, including fracking, and leaks from transmission pipes, totaled 225 million metric tons of carbon-dioxide equivalents during 2011, second only to power plants.

Front groups like EID detract from the real conversation around fracking and drilling in the west. Unfortunately, it seems as if industry is turning to them out of fear, as more western communities move to install common sense protections for their residents. If people like COGA’s Tisha Schuller really want to have a depolarized conversation, they need to publicly distance themselves from groups like EID.

Instead, Schuller is doing what every other mouthpiece for Big Oil does, spreading lies and misinformation so that the oil and gas companies she represents can continue to pollute.

Our weekly wrap on the top 5 energy stories for the week of July 22nd

Here we go again: Tipton, Lamborn offer same oil & gas giveaways

The House Natural Resources Committee met Wednesday to debate a number of bills related to wilderness protection and energy issues. Among these bills were Congressman Doug Lamborn’s H.R. 1965 and Representative Scott Tipton’s H.R. 1394.

Reps. Doug Lamborn and Scott Tipton, working hard for Big Oil

Reps. Doug Lamborn and Scott Tipton, working hard for Big Oil

Rep. Lamborn’s bill mandates leasing quotas for oil and gas companies, encourages speculation, and bars the public, local officials and others from protesting potentially dangerous leasing decisions. It also endangers western water supplies and local economies by encouraging reckless oil shale speculation on public lands. Rep. Tipton’s bill essentially establishes energy development as the primary use of public lands. This would jeopardize the billion-dollar outdoor recreation and tourism industries, as well as the hundreds of thousands of Western jobs they create.

These bills have already faced outcry from Westerners who use these endangered public lands. Sportsmen for Responsible Energy Development noted that it is senseless to make more land available when the oil and gas industry already has more than 7,000 unused drilling permits.

New spills highlight need for better regulation

It was reported this week that more than 2,000 gallons of benzene contaminated water spilled from a well south of New Castle earlier this month. In another incident, a malfunctioning well sprayed gas and oil nearly 1,000 feet onto a neighboring farmer’s field. These incidents highlight the risks involved in fossil fuel development and demonstrate the need for this development to be properly regulated.

In the last legislative session, Governor Hickenlooper stalled bills that would have increased the number of well inspectors in the state and increased fines for companies who were negligent. This week’s news should raise further questions about who Governor Hickenlooper is working for, Coloradans, or oil and gas companies.

Wilderness report on places too wild to drill

A new report from The Wilderness Society highlights a dozen landmarks that are threatened by the encroachment of oil and gas drilling. These sites include Arches National Park in Utah and Chaco Canyon in New Mexico. The report calls on the Department of the Interior and Members of Congress to protect these American treasures. Jim Gale, founding member of Park Rangers for Our Lands, was quoted in the report saying:

“Our National Parks protect America’s treasures, our natural and cultural  heritage, and we need to insure their protection from the harm that comes from oil and gas drilling. Arches National Park should not be surrounded by drill rigs. It seems obvious but apparently we need to keep reminding the oil and gas industry and the federal government, so Park Rangers for Our Lands will do just that.”

Arches National Park

 

Gas industry blows smoke on proposed BLM fracking rules

The Western Energy Alliance (WEA) and the Independent Petroleum Association of America (IPAA) released a faulty analysis of the proposed Department of the Interior fracking rule. It overestimates the annual cost of the rule by over $310 million

John Dunham & Associates, the firm that completed the study, claims that the proposed rule would cost companies $345 million annually. But, the firm arrived at this figure by misrepresenting the report in a way that inflates costs nearly ten-fold. The report makes assumptions about a rule that wouldn’t actually apply to gas drilling and uses that misapplication to grossly inflate the costs of the proposed rule.

Wyoming resident express concerns over water quality

The state of Wyoming is in the process of requiring baseline testing of groundwater for areas where drilling of oil and gas would take place. As the state decides how the testing will proceed, landowners want to ensure that there are the proper accountability measures included in these rules so that oil and gas companies who do contaminate ground water are punished for violations.

Hickenlooper’s Third Misdeed: Playing the class card in the energy debate

Gov. John Hickenlooper’s top oil and gas regulator, Matt Lepore, disgracefully played the class card and tried to pit the working poor against efforts to protect our air and water from drilling pollution.

At a recent energy summit, the Fort Collins Coloradoan reported his comments:

“If you look at the demographics of anti-fracking activists, he said, they are generally affluent enough not to be concerned with the cost of home heating and cooling, he said.

COGCC Director, Matt Lepore

COGCC Director, Matt Lepore

The truth is that low income populations are often the most threatened by pollution from dirty forms of energy. Reasons vary. For example, the working poor are more likely to live next to major sources of pollution and have less access to affordable, quality healthcare.

Oil and gas drilling operations moving further into city limits pose similar problems. If a drill rig shows up next to a school or across from an apartment complex, the working poor have less mobility and can’t pick-up and move their family to a better neighborhood.

The U.S. Environmental Protection Agency found that oil and gas drilling pollution releases cancer causing chemicals into the air and dangerous ozone-forming pollutants, which can lead to asthma.

Lepore could also use a lesson in energy economics. Lepore presented a false choice between low energy prices vis-a-vis natural gas and coal. There’s no reason why we can’t clean-up drilling operations, increase our investment in clean energy, and continue to have affordable energy.

Just look at the lessons Colorado has learned over the years. Xcel Energy has said that Colorado’s shift toward renewables, such as wind and solar, will save Coloradans, rich and poor alike, $100 million over 25 years.

Lepore was smart enough to apologize for his comments, but it was too little too late. He was clearly trying to play the class card and play-up a political wedge between Coloradans.

The comments also provide a unique insight into how Gov. Hickenlooper and his administrators view residents who have concerns with oil and gas – with open hostility.

Instead of viewing Coloradans as the enemy, Gov. Hickenlooper and his administration should stop the attacks, have an honest dialogue, and prove how they plan to ensure clean air and clean water for Coloradans, regardless of a family’s class status or wealth.

This is the third installment in our blog series “Hickenlooper’s Misdeeds” which shines a spotlight on how Colorado Gov. John Hickenlooper has put the interests of oil and gas companies ahead of the health of Colorado families and local communities.

House Natural Resources Committee takes yet another action promoting same oil and gas giveaways, mandates leasing quotas for oil companies

The U.S. House Natural Resources Committee meets on Wednesday to mark up a slew of bills, and sandwiched in among them are a familiar series of giveaways to the multibillion-dollar oil and gas industry. In fact, the legislation would mandate leasing quotas for oil companies and increase speculation on public lands.

“The oil and gas giveaway bills being considered in the House today mandate leasing quotas, a policy that is dramatically out of step with public opinion in the West,” said Center for Western Priorities Policy Director Greg Zimmerman. “Westerners acknowledge there is room for energy development, but polling shows that recreation and conservation are their highest priorities for public lands. Moreover, 90 percent of western voters say protected lands were vital to their local economies.”

Wednesday’s hearing continues the determination by House Republicans, over the last five years, to put the interests of oil and gas companies ahead of conservation and the future of America’s public lands. This, despite the fact that a majority of Westerners in oil and gas producing states want to see a balance struck between energy development and protection of public lands.

ADDITIONAL BACKGROUND

About H.R. 1965 – Sponsor Rep. Doug Lamborn (R-Colo.) 

  • The Lamborn bill blocks the public from participating in leasing decisions by creating “entrance fees” of up to $5,000 to join the conversation. It also mandates leasing quotas for oil and gas companies, encourages speculation, and bars the public, local officials and others from protesting potentially dangerous leasing decisions.
  • The Lamborn bill prevents the Bureau of Land Management (BLM) from protecting water, air and land from the impacts of drilling. It also rolls back the Obama Administration’s common sense approach to the failed “rock that burns,” oil shale, and in doing so endangers western water supplies and local economies.
  • The Lamborn bill continues to promote oil shale speculation despite the fact a Congressional Budget Office analysis of his proposal during the previous Congress found that opening up public lands to oil shale speculation would have zero effect on revenue.

About H.R. 1394 – Sponsored by Rep. Scott Tipton (R-Colo.)

Attitudes of Westerns about energy development and conservation (Hart Research)

  • About two in three (65%) voters say that permanently protecting and conserving public lands for future generations is very important to them personally, and another 63% say that ensuring access to public lands for recreation activities is personally important to them (as indicated by a rating of “9” or “10” on a zero-to-10 scale). By comparison, only half as many voters (30%) say the same about making sure oil and gas resources on public lands are available for development.
  • Voters reject the idea that there must be a single-minded, “either/or” approach to public lands. When explicitly given the opportunity to choose a third option, a majority (55%) instead say the government should put conservation on equal ground with drilling for oil and gas. This is the case among independents (59%), Republicans (64%), hunters and anglers (57%), and even among people who rate oil and gas as very important to them personally (57%). Democrats, in contrast, are divided between putting drilling and conservation on equal ground (44%) and focusing more on conservation and protection (47%).

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