ALEC’s Most Wanted: Exposing a front group for fossil fuel interests (and other corporations)

ALEC Most WantedThe Center for Media and Democracy’s (CMD) Brendan Fischer and Nick Surgey uncovered an internal document from the American Legislative Exchange Council (ALEC) at the controversial organization’s meeting last week in Oklahoma City. The document entitled “OKC anti-ALEC photos” featured the headshots of eight reporters and public interest advocates that have written about ALEC or been critical of ALEC’s activities (as a front group working on behalf of its corporate membership).

CMD’s Surgey attempted to attend the keynote address by Oklahoma Governor Mary Fallin, which was billed as open to the press. After registering for press credentials at the ALEC registration desk, Mr. Surgey ascended the escalator towards the keynote speech, but was confronted by ALEC staff members and then approached by a uniformed Oklahoma City police officer.

Mr. Fischer and Surgey recount the exchange in which Surgey had his credentials revoked and was ejected from the ALEC meeting.  From PR Watch:

“I need those credentials,” the officer said.

“I registered,” Surgey replied.

“No, you didn’t,” said a female ALEC staffer, who was accompanying the officer.

“I did, downstairs,” he said.

“It was… you shouldn’t have been able to.”

The reason Surgey shouldn’t have been allowed to register, according to the ALEC staffer: “Because we know who you are.

Surgey asked the ALEC staffer for her name as she asserted that he had to leave:

Can I ask your name?” Surgey asked the ALEC staffer who challenged his press credentials.

“Erm, why?” she replied.

“Is there any reason you wouldn’t want to tell me your name?”

“Yeah, because I know who you are,” she said.

The staffer — whose organization had developed talking points claiming to support the First Amendment, which protects a free and vibrant press — added: “Because you’re going to write an article about it.”

Less than 10 minutes after registering as press, Surgey had his credentials revoked and was ejected from the ALEC meeting by a police officer. As he was escorted away, the ALEC staffer repeated: “We know exactly who you are.”

As Director of the Checks & Balances Project, I was one of the eight people featured on the “ALEC Most Wanted” document alongside other reporters and public interest advocates who have criticized ALEC’s efforts to influence state legislators on behalf of special interests.  Fischer and Surgey write:

The page featured pictures and names of eight people, four of whom work with CMD, including Surgey, CMD’s general counsel Brendan Fischer and its Executive Director Lisa Graves, as well as CMD contributor Beau Hodai.

It is not known whether the photo array of people who have reported on or criticized ALEC was distributed to ALEC members or shared with Oklahoma City law enforcement.

Other targets on the document included The Nation‘s Lee Fang, who has written articles critical of ALEC, and Sabrina Stevens, an education activist who spoke out in an ALEC task force meeting last November. Also featured were Calvin Sloan of People for the American Way and Gabe Elsner of Checks and Balances Project, both of whom are ALEC detractors.

The name of ALEC Events Director Sarah McManamon was in the top corner, indicating the document was printed from her Google account.

ALEC's_Most_Wanted OriginalAs Fischer and Surgey point out, ALEC claims to support the freedom of the press. But in practice, the organization seems reluctant to provide transparency and access required for a free press to be functional.   Instead, “ALEC assembled a dossier of disfavored reporters and activists,” and “kicked reporters out of its conference who might write unfavorable stories…”

ALEC’s sensitivity to transparency shows that the accountability work by C&BP, CMD, People for the American Way and others is working. A free society can’t work unless there is some check on the concentration of power. Now, more than ever, society needs more of the most powerful check on concentrations of power – public scrutiny. Most recently, C&BP has worked to expose ALEC’s efforts to eliminate clean energy laws in states across the country and bring to light that these attacks are being driven by powerful special interests.

ALEC exemplifies how fossil fuel corporations and other special interests have an oversized influence in our public process. And, C&BP is proud to be part of the effort to expose ALEC, fossil fuel-funded front groups and other fossil fuel interests using their power and resources to attack clean energy policies — even if it lands us on ALEC’s Most Wanted list.

C&BP Calls for State Dept. Investigation into Keystone XL Consultant’s Conflicts of Interest

ERMLetter

Letter to Secretary of State John Kerry and State Dept. Deputy Inspector General Harold Geisel

Yesterday, Checks & Balances Project and 11 environmental, faith-based and public interest organizations called on Secretary of State John Kerry and the State Department Deputy Inspector General Harold Geisel to investigate whether Environmental Resources Management (ERM) hid conflicts of interest which might have excluded it from performing the Keystone XL environmental assessment and how State Department officials failed to flag inconsistencies in ERM’s proposal. Tom Zeller, Senior Writer at The Huffington Post, wrote an article highlighting the letter callings for an investigation.

Early last month, the State Department released a 2,000 page environmental impact study for the Keystone XL pipeline claiming that the pipeline would not have major impact on the environment. But, Environmental Resources Management (ERM), the consulting firm hired to perform the “draft supplemental environmental impact statement (SEIS),” has ties to fossil fuel companies with major stakes in the Alberta Tar Sands. This conflict of interest was not accurately disclosed  in ERM’s answers on a State Department questionnaire. Checks & Balances Project considers ERM’s responses in its proposal to be intentionally misleading statements.

Unredacted Documents Uncover Conflicts of Interest
Last week, Mother Jones released unredacted versions of the ERM proposal, showing that three experts “had done consulting work for TransCanada and other oil companies with a stake in the Keystone’s approval.”

The unredacted biographies show that ERM’s employees have an existing relationship with ExxonMobil and worked for TransCanada within the last three years among other companies involved in the Canadian tar sands.

Here’s more from Mother Jones’ Andy Kroll:

“ERM’s second-in-command on the Keystone report, Andrew Bielakowski, had worked on three previous pipeline projects for TransCanada over seven years as an outside consultant. He also consulted on projects for ExxonMobil, BP, and ConocoPhillips, three of the Big Five oil companies that could benefit from the Keystone XL project and increased extraction of heavy crude oil taken from the Canadian tar sands.

Another ERM employee who contributed to State’s Keystone report — and whose prior work history was also redacted — previously worked for Shell Oil; a third worked as a consultant for Koch Gateway Pipeline Company, a subsidiary of Koch Industries. Shell and Koch have a significant financial interest in the construction of the Keystone XL pipeline. ERM itself has worked for Chevron, which has invested in Canadian tar-sands extraction, according to its website.”

When asked about who at the State Department decided to redact ERM’s biographies, a State Department spokesperson said “ERM proposed redactions of some information in the administrative documents that they considered business confidential.” Disclosing past clients may be business confidential information, but from what the biographies show, ERM may have recommended the redactions to hide conflicts of interest from public disclosure.

Problem with ERM Answers on Conflict of Interest Questionnaire 

ERMProposal

ERM’s Proposal to the State Department

The biographies on ERM’s proposal show that the company has had direct relationships with multiple business entities that could be affected by the proposed work in the past three years.

In the “Organizational Conflict of Interest Questionnaire,” the State Department asks (page 42), “Within the past three years, have you (or your organization) had a direct or indirect relationship (financial, organizational, contractual or otherwise) with any business entity that could be affected in any way by the proposed work?“ ERM’s Project Manager, Steve Koster, checked “No” but appears to have added to the Yes/No questionnaire that, “ERM has no existing contract or working relationship with TransCanada.”

Regardless of the addendum Koster added, he still submitted an incomplete statement when checking “No” to the specific question above. Simply put, the information provided by Mr. Koster was an incomplete statement if one simply reviews the biographies of ERM’s employees for the project.

The State Department Contracting Officer should have flagged this inconsistency when reviewing the staff biographies.  ERM’s answers did not properly reveal in the Yes/No questionnaire that ERM did have a current “direct relationship” with a business enetity that could be affected by the proposed work and a relationship in the past three years with TransCanada, the company building the pipeline.

Koster’s incomplete statement on direct business relationships is not the only odd statement in ERM’s proposal. ERM also answered “No” to the question, “Are you (or your organization) an ‘energy concern?’” which the State Department defines (in part) as: “Any person — (1) significantly engaged in the business of conducting research…related to an activity described in paragraphs (i) through (v).” Paragraph (i) states: “Any person significantly engaged in the business of developing, extracting, producing, refining, transporting by pipeline, converting into synthetic fuel, distributing, or selling minerals for use as an energy source…” ERM as a research firm working for fossil fuel companies is, unequivocally, an energy interest.

So the question must be asked: If ERM is unable to accurately fill out a simple questionnaire regarding conflicts of interest, how can we trust the company to perform an unbiased environmental assessment of a 1,179 mile-long pipeline cutting through the American heartland? And, why did the State Department’s Contracting Officer not flag the inconsistencies in ERM’s Conflict of Interest Questionnaire when reviewing the proposals?

Intentions of State Department and ERM in Question

The Federal Government has strict ethics rules to prevent Organizational Conflicts of Interest (OCIs) from impacting the impartiality of government contracts and to prevent hiring contractors who cannot provide independent and unbiased services to the government.

According to a white paper from the Congressional Research Service, before the State Department could choose ERM as the contractor, the “Contracting Officer” had to make an “affirmative determination of responsibility.” All government contractors (including ERM) must be deemed responsible, in part by meeting strict ethics guidelines, known as “collateral requirements.”

According to current collateral requirements, contractors must be found “nonresponsible” when there are unavoidable and unmitigated OCIs. Checks & Balances Project believes that the Contracting Officer should have deemed ERM “nonresponsible” because the company serves as a contractor for major fossil fuel companies that have a stake in the Keystone XL pipeline. If ERM were “nonresponsible”, the company would have been ineligible to perform the environmental impact review of the Keystone XL pipeline.

These potential material incomplete statements on a Federal Government proposal calls into question the integrity of ERM and threatens millions in government contracts.

If ERM were determined to be “nonresponsible” or “excluded” because of these incomplete statements, it could jeopardize ERM’s ability to perform any work for the Federal Government. Again, according to the Congressional Research Service:

“Decisions to exclude are made by agency heads or their designees (above the contracting officer’s level) based upon evidence that contractors have committed certain integrity offenses, including any “offenses indicating a lack of business integrity or honesty that seriously affect the present responsibility of a contractor.””

Certainly these incomplete statements call into question both the independence of ERM and the judgement of the Contracting Officer in making the “affirmative determination of responsibility.” This proposal process should be investigated by the State Department Inspector General to determine if ERM’s statements are cause for exclusion.

Groups Calling for Inspector General Investigation

We believe ERM used multiple material incomplete statements and had clear conflicts of interest as shown in the unredacted documents. So, why was ERM hired by the State Department?

Checks & Balances Project asked a State Department spokesperson about the conflicts of interest and the spokesperson said: “Based on a thorough consideration of all of the information presented, including the work histories of team members, the Department concluded that ERM has no financial or other interest in the outcome of the project that would constitute a conflict of interest.” Perhaps the State Department’s Contracting Offier made the decision to hire ERM because of the company’s incomplete statements on the conflict of interest questionnaire.

Harold Geisel, Deputy Inspector General, U.S. State Department

Checks & Balances Project along with 11 other groups (Better Future Project, Center for Biological Diversity, Chesapeake Climate Action Network, DeSmogBlog, Forecast the Facts, Friends of the Earth, Greenpeace, NC WARN, Oil Change International, Public Citizen’s Energy Program and Unitarian Universalist Ministry for Earth) sent a letter to Secretary of State John Kerry and the State Department Deputy Inspector General Harold Geisel calling for an investigation into the matter. These incomplete statements and the determination by the Contracting Officer that ERM did not have any conflicts of interest, despite clear evidence to the contrary, are grounds for further investigation.

Drilling and fracking threaten iconic U.S. national park, and Teddy Roosevelt’s conservation legacy

A new, compelling video from the Center for American Progress shows how drilling and fracking are encroaching on Theodore Roosevelt National Park. It’s an eye-opening look at how North Dakota’s industrial scale oil boom is wreaking havoc on the park and asks the question: How much are we willing to sacrifice?

Here in Colorado, just one month after deferring controversial oil and gas leases next to Dinosaur National Monument and Mesa Verde National Park, Colorado BLM Director Helen Hankins’ and her staff showed signs that Hankins may welch on her office’s commitment to protect our national parks.

Energy development and land conservation are out of balance on our public lands, and are out of balance with Western values.

The Obama Administration has leased 2.5 times more public lands to oil & gas companies than it has protected. Yet, 9 out of 10 western voters believe national parks, forests, monuments, and wildlife areas are an essential part of their state’s economy. While, 59 percent want to ensure strong standards are in place and that drilling is not allowed in critical locations near recreation areas, water sources, and wildlife.

It’s time for the BLM and the Obama administration to prioritize policies that protect our public lands and national parks.

Americans for Tax Reform and Grover Norquist’s Deceptive Campaigns for Dirty Energy and Big Tobacco

JIM WATSON/AFP/Getty Images

JIM WATSON/AFP/Getty Images

Grover Norquist is a familiar player in Washington debates, renowned for convincing nearly every Republican in Congress to sign a pledge to not raise taxes. But Norquist’s main job is not as a principled advocate for his brand of limited government but functioning as a paid lobbyist for whatever corporate interests are ready to write him a check. Norquist is a prominent pundit for Big Pharma and Big Tobacco, and now, he’s also batting for Big Oil.

Norquist, President of Americans for Tax Reform (ATR), is at the forefront of the latest fight against renewable energy in the United States.

Conservative front groups and fossil fuel interests are attacking renewable energy standards in a coordinated assault to protect profits generated from fossil fuel-based electricity. Twenty-nine states have renewable energy standards and twenty-two of those have become fierce battlegrounds.

This coordinated attack on clean energy bears resemblance to the effort by Big Tobacco to prevent public health laws from impacting the profitability of tobacco companies. And it turns out, a lot of people working to dismantle renewable energy laws are deeply connected to Big Tobacco. Some, like Grover Norquist, even worked with Big Tobacco on their misinformation campaigns and are now turning their lobbying power to attack state clean energy policies.

The attacks on the Renewable Portfolio Standards (RPS) originated primarily from the American Legislative Exchange Council (ALEC), whose energy task force is comprised of fossil fuel companies and front groups members like ATR. In late February, several ALEC groups including ATR attempted to convince Kansas legislators to weaken their renewable energy law, which would require renewable energy to make up at least 20% of their energy portfolio.Norquist himself testified to the Kansas legislature to roll-back the RPS.

Americans for Tax Reform has received $525,000 from the American Petroleum Institute between 2008 and 2011 and $60,000 from foundations connected to Koch Industries between 2003 and 2011.

Fighting against renewable energy in the states isn’t Norquist’s only project working to protect fossil fuel interests. ATR is part of a Tea-Party “last stand” seeking to derail the U.S. Environmental Protection Agency’s effort to regulate carbon dioxide emissions. Last year, Norquist also made a public statement that there was “no conceivable way” he could support a carbon tax aimed at slowing global warming and pollution.

Norquist has a track record of defending industries engaged in massive denial of scientific knowledge. The dirty energy industries that fund ATR pretend that the climate change science is inconclusive despite broad scientific consensus.  But that approach is not new – it was refined through millions of dollars in lobbying, public relations and front groups by the tobacco industry, which denied the harms caused by smoking.

Americans for Tax Reform, run under Norquist, has been a longtime ally of the U.S. tobacco industry and a major player in pro-tobacco tax policies.  ATR’s history with Big Tobacco was pulled from hundreds of documents that live in the Tobacco Archives and documented by SourceWatch.

1990s: Big Tobacco Loses Public Opinion, Calls on Third Party Support

In the early 1990s, the government started increasing tobacco regulation via taxes and bans to compensate for the health costs of smoking. Philip Morris President Roy Marden wrote an internal memo calling attention to the need to “regain the upper hand” on public opinion of tobacco. In 1992, RJ Reynolds documented a campaign plan to “move public opinion in the right direction” – in order to weaken tobacco regulation.

One aspect of the plan was third-party coalition work, with ATR listed as a likely coalition partner. The reason: “Credible, non-tobacco voice for hearings and for generating information on issue to media, op-eds, letters, etc.” The draft plan also mentions Norquist specifically, noting, “Tim Hyde to work with Grover Norquist for possible by-line piece.”

The following year, ATR’s pro-tobacco campaign began. With the help of focus groups from eight different cities, ATR launched an advertisement in 152 newspapers targeting 51 Members of Congress. Their success was documented by Philip Morris, and used for even further campaigning.

ATR continued to campaign against tobacco taxes, so much that they were described in an internal Philip Morris review as a “staunch ally of PM for a number of years in many tax battles.”

Along with coalition support came monetary support. Philip Morris contributed $30,000 to the ATR Foundation in 1994, according to internal documents. The R.J. Reynolds Tobacco Company contributed $100,000 to ATR two years later and ATR received additional money from RJR in 1997 to continue PR support of lobbying activities, one month before Norquist went on the road to speak out against cigarette tax increases.

1999: Litigation against Big Tobacco Begins, Norquist and ATR continue support

President Bill Clinton announced that “the Justice Department [was] preparing a litigation plan to take the tobacco companies to court, and with the funds [they] recover, to strengthen Medicare” in his 1999 State of the Union Address. Less than one month after Clinton’s speech, Norquist had published a media release and letters to radio show hosts complaining about the litigation – without disclosing his own financial ties to tobacco. Weeks later, Norquist wrote a letter to Kirk Blalock of Philip Morris requesting $200,000 in continued support.

Norquist and ATR spent the next few years continuing to campaign against the litigation efforts, writing letters to warn Congressmen of dire consequences.

ATR continued to receive monetary support from Philip Morris, but Norquist campaigned for even more money from a coalition of tobacco groups. He sent a proposal to Lorillard and Philip Morris titled “No taxation through litigation – stopping the federal Medicare suit.” The proposal was seeking $582,672.

What came of the proposal was undocumented, but ATR has continued to lobby on behalf of the tobacco industry. They organized an anti-tobacco tax rally in 2010, using an email list paid for by Philip Morris. They list several appeals to oppose bills that would raise tobacco taxes on their website, including a 2011 Louisiana bill and an Arkansas House Bill.  In early 2012 they campaigned against California’s Proposition 29, another tobacco tax increase. Sacramento Bee editor Dan Morain asked Patrick Gleason, a Norquist aide, whether Americans for Tax Reform still accepted tobacco money, to no response.

A 2006 ruling by U.S. District Judge Gladys Kessler concluded that the tobacco industry has “lied, misrepresented and deceived the American public, including smokers and the young people they avidly sought as ‘replacement’ smokers, about the devastating health effects of smoking and environmental tobacco smoke.”

The lies and deception continue with climate change denial and attacks against renewable energy standards on behalf of the fossil fuel industry. It seems Grover Norquist and Americans for Tax Reform will campaign for anything, for the right price.

Keystone XL Environmental Impact Consultant’s Cozy Relationships with Fossil Fuel Interests

ERMFossilRelationshipsBlogEnvironmental Resources Management (ERM), the consulting firm hired to perform the supplemental environmental analysis of the Keystone XL pipeline works for and has worked for fossil fuel companies with a stake in the Canadian Tar Sands. Mother Jones’ Andy Kroll exposed the conflicts of interest in an exclusive story, which included unredacted documents that show the recent work history of ERM’s consultants.

It’s no surprise that ERM painted a rosy picture of Keystone XL’s environmental impact. Their business depends on it. ERM’s major clients in the fossil fuel industry would steer clear of an environmental consulting company that determines fossil fuel projects are not environmentally responsible. ERM claimed in the report that the Keystone
XL pipeline would not lead to an increase in greenhouse gas emissions or significantly impact the environment along its route.

Last week, Steve Horn from DeSmogBlog documented major problems with another pipeline (the 1,300 mile-long Baku–Tbilisi–Ceyhan (BTC)) determined by an ERM environmental assessment to be “environmentally and socio-economically sound.” Horn wrote, “An Aug. 2008 Wikileaks cable discusses a BTC explosion in a mountainous area of eastern Turkey …which spewed 70,000 barrels of oil into the surrounding area.” The BTC
pipeline caused enormous environmental damage and failed to live up to the jobs hype created by the project developers, which included BP, State Oil Company of Azerbaijan (SOCAR), Chevron, ConocoPhillips, Eni and Total.

Horn goes on to quote Mik Minio-Paluello, co-author of The Oil Road - a new book documenting the slew of destructive impacts of BTC saying, “Supposedly an environmental consultancy, in practice ERM operated more like aPR firm representing BP and now they’re fulfilling a similar role for TransCanada.”

So why does ERM operate more like a PR firm than an environmental consultancy?

Let’s say ERM provided a review claiming a fossil fuel project was skirting safety precautions or moving too quickly to ensure quality seals on the pipeline (see Keystone XL’s faulty welding here). Would a fossil fuel company, whose financial interest is building more fossil fuel infrastructure, want to hire a consultant that results in delays and increased costs for developing that infrastructure?

Checks & Balances Project contacted ERM’s Global Head of Communications Simon Garcia multiple times over the past week without any response.  We requested comment on the following question: Has ERM ever determined that a proposed fossil fuel project was not “environmentally sound” in an assessment?

The answer is probably “no.”

 

 

Wall Street Journal Editorial Twists CRS Report Like a Drill Bit

In an editorial today, the Wall Street Journal claimed a “sharp drop in production on federal lands is the direct result of Obama Administration policies.” They cherry pick statements from a Congressional Research Service (CRS) report to try and support their claim, but ignore sections of the report that directly refute them. The CRS report actually shows that outside factors such as price and geology are driving industry to drill on nonfederal lands, where the most lucrative plays exist.

If you read the CRS report, you learn that:

  • “Any increase in production of natural gas on federal lands is likely to be easily outpaced by increases on non-federal lands, particularly because shale plays are primarily situated on nonfederal lands and is where most of the growth in production is projected to occur.” (Pg. 3, 1st and 2nd paragraph)
  • “The big shale gas plays are primarily on non-federal lands and are attracting a significant portion of investment for natural gas development.” (Pg. 1, 2nd paragraph)
  • “But having more lands accessible may not translate into higher levels of production on federal lands, as industry seeks out the most promising prospects and highest returns.” (Pg. 2, 3rd paragraph)

 

Donors Trust: The Secret Group Funding Attacks on Clean Energy & Climate Science

New research shows almost $120 million flowed from two secretive groups, called “Donors Trust” and “Donors Capital” to 102 groups denying climate science and attacking clean energy. The Guardian’s Suzanne Goldenberg reports that “the funds, doled out between 2002 and 2010, helped build a vast network of think tanks and activist groups working to a single purpose: to redefine climate change from neutral scientific fact to a highly polarizing ‘wedge issue’ for hardcore conservatives.”

Greenpeace research (.pdf) into the tax records of these organizations shows that publicly-disclosed funding for climate denial groups from foundations connected to the Koch Brothers began to decrease in 2006. But, funding from Donors Trust and Donors Capital Fund soared from less than $20 million per year to almost $35 million per year from 2006 to 2009. Kert Davies, research director at Greenpeace said to the Guardian, “These groups are increasingly getting money from sources that are anonymous or untraceable. There’s no transparency, no accountability for the money. There is no way to tell who is funding them.”

Many of these organizations funded by Donors Trust and Donors Capital Fund are also working to attack clean energy. Goldenberg notes in a companion article that recipients, including groups like the Heartland Institute and Americans for Prosperity (AFP), have received millions from the two secretive organizations.

AFP, which received $7.6 million from Donors Trust and Donors Capital Fund in 2010 (43% of its budget), drove anti-wind efforts last fall, leading a coalition of fossil fuel-funded groups to write a letter calling on Congress to block tax credits for wind energy. The Washington Post reported in November 2012 that the Heartland Institute, which received $1.6 million from Donors Trust and Donors Capital Fund in 2010 (27% of its budget), joined with the American Legislative Exchange Council (ALEC) to push model legislation to state legislators in an effort to eliminate state clean energy standards across the country. In addition, organizations that are part of the State Policy Network (SPN), which received $4.8 million from Donors Trust in 2010 (36% of its budget), published reports bashing clean energy standards that are now likely being used to attack clean energy policies in states across the country (like Kansas and Ohio).

Furthermore, the Guardian revealed in a third story that Donors Trust bankrolled the Franklin Centre for Government and Public Integrity, a newly established organization founded in 2009, which is running a campaign to “stop state governments moving towards renewable energy.” The Franklin Centre has strong ties to American’s for Prosperity and the Koch Brothers, including former staff members of both AFP and a Koch Family Foundation according to a PR Watch investigation.

Are these attacks ideological? Or are other fossil fuel interests like the Koch Brothers funding these efforts to stop a potential market threat? We know that fossil fuel corporations that have a financial incentive to stop the growth of the clean energy industry and their benefactors and foundations have funded many of these groups over the years. With an ability to hide the money trail through groups like Donors Trust, I would bet fossil fuel interests continue to fund fake grassroots campaigns and front groups to attack clean energy.

Fact Check on #SOTU and Rep. Doc Hastings

In Tuesday night’s State of the Union address, President Barack Obama stated:

“Now, in the meantime, the natural gas boom has led to cleaner power and greater energy independence. We need to encourage that. That’s why my administration will keep cutting red tape and speeding up new oil and gas permits.”

House Natural Resources Committee Chairman Doc Hastings claimed in a response, yesterday, that Obama administration-created red tape has slowed down energy production.

The truth is that the oil and gas industry already has plenty of land and opportunities to drill. Oil and gas companies are sitting on millions of leased acres of public land that they’re using for production or exploration, and thousands of idle drilling permits. Meanwhile, the United States has seen oil production skyrocket on federal lands. Technology, geology and price determine where and how much industry drills, not red tape.

Instead of worrying about multi-billion dollar oil and gas companies, the Obama Administration needs to adopt a more aggressive policy when it comes to conserving public land. During President Obama’s first term, his administration permanently protected far fewer acres than his immediate four predecessors. The President and Congress need to adopt a more balanced approach to public land use, putting as much effort into protecting lands that are crucial to the nation’s tourism and outdoor recreation industries as they do expanding the oil and gas industries’ already-swollen public land holdings.

A few things Americans need to know about oil and gas production on public lands:

  • Industry is responsible for the majority of permitting delays. Last year, BLM announced it is moving to an online permitting system that will hopefully help companies cut down the time it takes them to properly file permit applications.

permit_timingBLM Table of Average Application for Permit to Drill (APD) Approval Timeframes:  FY2005 – FY2012

  • Industry is submitting far fewer permits to drill on public lands because of the shift from public lands’ natural gas resources to private lands’ shale oil deposits, and the federal government can’t approve a permit unless industry submits an application for it. More importantly, the federal government consistently approves drilling permits faster than industry can drill new oil and gas wells. The only thing holding back industry is industry.

wells_v_permitsBLM Summary of Onshore Oil and Gas Statistics

  • Industry does not use the drilling permits that have already been issued for oil and gas development. In fact, there are nearly 7,000 unused drilling permits that industry could develop on federal public lands.

unused_permitsBLM Approve Permits – Not Drilled table

  • According to the Department of Interior’s Oil and Gas Lease Utilization, Onshore and Offshore report, issued May 2012, “As of March 31, 2012, approximately 56 percent (20.8 million acres) of total onshore acres under lease on public lands in the Lower 48 States were conducting neither production nor exploration activities”

leased_productionDOI Oil and Gas Lease Utilization Report

  • The latest oil boom in the lower 48 states is due largely to an unconventional resource known as “shale oil,” (oil trapped within shale rock). The vast majority of both “shale oil” and “shale gas” (natural gas trapped within shale rock) is found under private and not public lands. The location of these resources, not safeguards for air and water, explain the shift in drilling from public to private lands.

shale_locationAdam Sieminski, U.S. House, Subcommittee on Energy and Power Committee on Energy and Commerce, 2 August 2012

House Energy and Power Subcommittee promotes failed oil shale speculation, despite century of failure and new reports that world’s leading firm could lose big on Utah oil shale project

“It’s disappointing to see Rep. Whitfield and House Republicans recycling the same old failed energy ideas. Despite being awarded billions in taxpayer funds, all these oil shale speculators have to show is failure. We need real energy solutions, not more speculation and failed investments,” said Ellynne Bannon, western lands program manager for the Checks and Balances Project.

Key Facts

  • The Obama Administration has moved forward with new research and development leases for oil shale on public lands. In November 2012, the U.S. Bureau of Land Management finalized two new oil shale research, demonstration, and development leases to ExxonMobil and Natural Soda.
  • Oil shale is not oil. It is a rock that has to be heated to 700 degrees or more over months, or even years, in order to be processed into oil. Taxpayer dollars have already funded $3.2 billion dollars in loan guarantees and $3.7 billion in price guarantees to oil companies for oil shale with nothing to show for it except failed projects.
  • Some oil shale advocates like to point to the nation of Estonia as proof that oil shale can be a viable energy source. Unfortunately, Estonia isn’t saying the same thing about U.S. oil shale.  The CEO of Eesti Energia, Enefit’s parent company, a world leader in oil shale development has acknowledged that oil shale isn’t profitable and that “we have time” to wait and “we will not make any real investments” in the U.S. until the oil shale industry in Estonia is at a “new level.”
  • Just last month Enefit, a company trying to produce oil shale in Utah, came under fire from a key investor – the Estonian government – when it was revealed that the company could lose up to $100 million dollars on their project in Utah. It was also reported that Enefit’s Utah project has proven to be “unexpectedly difficult to do, and that tests indicate that Utah oil shale requires more energy to break down than expected, resulting in higher carbon dioxide emissions.

Tipton staffer goes to WEA, raises his ties to oil and gas companies

Colorado Congressman Scott Tipton’s close and questionable ties to oil companies have been a source of controversy since he was first elected. These include:

  • His campaign contributions from oil companies;
  • His financial investments in oil companies lobbying for the Keystone Pipeline – which he voted in favor of , and
  • His ties to SG Interests, an oil company recently ordered to pay $275,000 in fines to settle a federal anti-trust law suit. In 2012, SG Interests started a super PAC to help re-elect Tipton.

Last week, Coloradoans were given another look behind the curtain at Rep. Tipton’s cozy relationship to Big Oil as a former Tipton aide announced he is joining Western Energy Alliance – an oil and gas lobbying group known to be critical of drilling safety standards.

Last year, WEA representatives testified on behalf of a Tipton bill that would mandate energy development as the primary use of all public lands – which would leave agriculture, hunting, fishing, outdoor recreation, and watershed interests out in the cold.

We understand that Rep. Tipton is influenced by his addiction to Big Oil contributions and the size of his personal net worth. But, at some point he needs to put the Coloradoans who elected him before big oil company CEOs.

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