Economy

Cross-Posted from DeSmogBlog

DeSmogBlog has obtained dozens of emails that lend an inside view of how the U.S. State Department secretly handed Enbridge a permit to expand the capacity of its U.S.-Canada border-crossing Alberta Clipper pipeline, which carries tar sands diluted bitumen ("dilbit") from Alberta to midwest markets. 

Cross-Posted from DeSmogBlog

The Billings Gazette has revealed that coal mining company Cloudpeak Energy ghost wrote protest letters to the U.S. Department of Interior (DOI) on behalf of allied policymakers and business groups. 

Reporter Tom Lutey examined numerous letters written to DOI from Montana-based stakeholders and noticed something unusual: the language in every single letter was exactly the same. That is, the same except for a parenthetical note in one of them instructing the supposed writer of it to "insert name/group/entity."

Cross-Posted from DeSmogBlog

On April 7, Wisconsin's Board of Commissioners of Public Lands voted 2-1 to ban those employed by the agency from doing any work pertaining to climate change or global warming while doing public lands related work.

Cross-Posted from DeSmogBlog

Burlington Northern Santa Fe (BNSF) has responded defensively to the oil-by-rail lawsuit filed by former BNSF locomotive engineer Bryan Thompson, a case recently reported on by DeSmogBlog.

Cross-Posted from DeSmogBlog

A March 24 hearing prior to the passage of a controversial bill out of committee that preempts cities in Texas from regulating hydraulic fracturing ("fracking") for oil and gas obtained from shale basins, featured numerous witnesses who failed to disclose their industry ties, including some with ties to the Koch brothers. 

Cross-Posted from DeSmogBlog

A Burlington Northern Santa Fe (BNSF) employee who worked as a locomotive engineer on the company's oil-by-rail train that exploded in rural Casselton, North Dakota in December 2013 has sued his former employer. 

Photo Credit: Shawn Rode

Filed in Cass County, the plaintiff Bryan Thompson alleges he "was caused to suffer and continues to suffer severe and permanent injuries and damages," including but not limited to ongoing Post-Traumatic Stress Disorder (PTSD) issues.

Thompson's attorney, Thomas Flaskamp, told DeSmogBlog he "delayed filing [the lawsuit until now] primarily to get an indication as to the direction of where Mr. Thompson's care and treatment for his PTSD arising out of the incident was heading," which he says is still being treated by a psychiatrist.

The lawsuit is the first of its kind in the oil-by-rail world, the only time to date that someone working on an exploding oil train has taken legal action against his employer using the Federal Employers' Liability Act.

Image Credit: State of North Dakota District Court; East Central Judicial District

By Dave Lindorff

With Republicans now in control of both houses of Congress, the current president already on record as supported cuts in Social Security and Medicare, and all signs pointing to the likelihood that the 2016 election could bring us either a neo-liberal or a neo-conservative president, and an increasingly Republican-dominated Congress, it’s time for an aggressive mass movement built around defending and expanding both those critical public funding programs.

By Dave Lindorff

The Republican-dominated Congress, with the help of a cadre of sell-out conservative Democrats in both chambers, are gearing up to attack Social Security again, under the guise of “saving” the program.

Cross-Posted from DeSmogBlog

Chesapeake Energy has sued its former CEO, Aubrey McClendon, for allegedly stealing its trade secrets in the months between his resignation and the formation of his new company, American Energy Partners. To defend itself outside of the courtroom, American Energy Partners has hired Edelman, the 'world's largest' and often controversial public relations firm.

Photo Credit: Matthew Staver/Bloomberg via Getty Images

Filed on February 17 at the District Court of Oklahoma County, Chesapeake's legal complaint alleges McClendon covertly took map-based data owned by the company in the time between resigning from the company and then officially leaving the company in early 2013. Chesapeake also alleges that he then utilized that same confidential data for business and investment decisions at his new startup in deciding which land to purchase for hydraulic fracturing ("fracking") for oil and gas.

"AEP used confidential information and trade secrets stolen by McClendon from Chesapeake as a basis for their decision to acquire certain acreage in the Utica Shale Play," alleges the lawsuit. "Further, in acquiring this acreage...AEP interfered with Chesapeake's business plans and its negotiations for its own acquisition of acreage in the Utica Shale play."

Chesapeake Energy alleges that, before taking the data with him, McClendon asked a former company vice president of land, whose name is redacted in the complaint, to optimize and update the data.

Image Credit: District Court of Oklahoma County

Cross-Posted from DeSmogBlog

Additional Reporting by David Goodner

Former Texas Republican Governor Rick Perry has joined the board of directors at Energy Transfer Partners, a natural gas and propane company headquartered in Dallas, Texas that has proposed to build a controversial Bakken crude oil pipeline across Iowa.

Cross-Posted from DeSmogBlog

On January 16, the U.S. Army Corps of Engineers gave Enbridge a controversial Nationwide Permit 12 green-light for its proposed Line 78 pipeline, set to bring heavy tar sands diluted bitumen ("dilbit") from Pontiac, Illinois to its Griffith, Indiana holding terminal.

Cross-Posted from DeSmogBlog

Cross-Posted from DeSmogBlog

The Center for Public Integrity has broken new ground by publishing a months-long investigation into the public relations and influence-peddling spending conducted by Big Business trade associations between 2008-2012.

By Dave Lindorff

The Democrats are showing their true colors now that they have lost control of both houses of Congress.

Suddenly, with the assurance that they don’t have to worry about being taken seriously, the “party of the people” has come forward with a proposal to levy  a 0.1% tax on short-term stock trades, particularly on high speed trading. 

Cross-Posted from DeSmogBlog

Cross-Posted from DeSmogBlog

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

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

Photo Credit: Wikimedia Commons

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

Image Credit: U.S. Government Publishing Office 

Cross-Posted from DeSmogBlog

The U.S. Senate has voted 89-11 to approve the Defense Authorization Act of 2015, following the December 4 U.S. House of Representatives' 300-119 up-vote and now awaits President Barack Obama's signature.

 Photo Credit: C-SPAN Screenshot

The 1,648-page piece of pork barrel legislation contains a provision — among other controversial measures — to streamline permitting for hydraulic fracturing ("fracking") on U.S. public lands overseen by the Bureau of Land Management (BLM), a unit of the U.S. Department of Interior.

Buried on page 2,179 of the bill as Section 3021 and subtitled "Bureau of Land Management Permit Processing," the bill's passage has won praise from both the American Petroleum Institute (API) and the Independent Petroleum Association of America (IPAA) and comes on the heels of countries from around the world coming to a preliminary deal at the United Nations climate summit in Lima, Peru, to cap greenhouse gas emissions.

"We applaud the Senate...and are hopeful the president signs this measure in a timely fashion," said Dan Naatz, IPAA lobbyist and former congressional staffer, in a press release. 

Alluding to the bottoming out of the global price of oil, Naatz further stated, "In these uncertain times of price volatility, it’s encouraging for America’s job creators to have regulatory certainty through a streamlined permitting process.”

Streamlined permitting means faster turn-around times for the industry's application process to drill on public lands, bringing with it all of the air, groundwater and climate change issues that encompass the shale production process. 

At the bottom of the same press release, IPAA boasted of its ability to get the legislative proposal introduced initially by U.S. Sen. Tom Udall (D-NM) as the BLM Permit Processing Improvement Act of 2014 after holding an "educational meeting" with Udall's staffers. Endorsed by some major U.S. environmental groups, Udall took more than $191,000 from the oil and gas industry during his successful 2014 re-election campaign.

IPAA's publicly admitted influence-peddling efforts are but the tip of the iceberg for how Big Oil managed to stuff expedited permitting for fracking on U.S. public lands into the National Defense Authorization Act of 2015.

Cross-Posted from DeSmogBlog

In his December 8 "Colbert Report" appearance, President Barack Obama gave his strongest signal yet that he may reject a presidential permit authorizing the Alberta to Cushing, Oklahoma northern leg of TransCanada's Keystone XL tar sands pipeline. 

Photo Credit: Comedy Central Screenshot

Yet just a week earlier, and little noticed by comparison, the pipeline giant Enbridge made an announcement that could take the sails out of some of the excitement displayed by Obama's "Colbert Report" remarks on Keystone XL North. That is, Enbridge's "Keystone XL Clone" is now officially open for business. 

"Keystone XL Clone," as first coined here on DeSmogBlog, consists of three parts: the U.S.-Canada border-crossing Alberta Clipper pipeline; the Flanagan, Illinois to Cushing Flanagan South pipeline; and the Cushing to Freeport, Texas Seaway Twin pipeline.

Enbridge announced that Flanagan South and its Seaway Twin connection are now pumping tar sands crude through to the Gulf of Mexico, meaning game on for tar sands to flow from Alberta to the Gulf through Enbridge's pipeline system.

Alberta Clipper, now rebranded Line 67, was authorized by Hillary Clinton on behalf of the Obama State Department in August 2009 and got a quasi-official permit to expand its capacity by the State Department over the summer. That permit is now being contested in federal court by environmental groups.

Flanagan South, meanwhile, exists due to a legally contentious array of close to 2,000 Nationwide Permit 12 permits handed out by the U.S. Army Corps of Engineers, which — as with Alberta Clipper expansion — has helped Enbridge usurp the more democratic and transparent National Environmental Policy Act (NEPA) review process. 

By Dave Lindorff

I’m going to say it: I am ashamed to be a US citizen. This doesn’t come easily, because having lived abroad and seen some pretty nasty places in my time, I know there are a lot of great things about this country, and a lot of great people who live here, but lately, I’ve reached the conclusion that the US is a sick and twisted country, in which the bad far outweighs the good. 

By Dave Lindorff

I’m going to say it: I am ashamed to be a US citizen. This doesn’t come easily, because having lived abroad and seen some pretty nasty places in my time, I know there are a lot of great things about this country, and a lot of great people who live here, but lately, I’ve reached the conclusion that the US is a sick and twisted country, in which the bad far outweighs the good. 

Cross-Posted from DeSmogBlog

The U.S. State Department recently announced that Amos Hochstein, currently the special envoy and coordinator for international energy affairs, will take over as the State Department's top international energy diplomat.

Photo Credit: U.S. Department of State

Hochstein will likely serve as a key point man for the U.S. in its negotiations to cut a climate change deal as part of the United Nations Framework Convention on Climate Change (UNFCCC), both at the ongoing COP20 summit in Lima, Peru and next year's summit in Paris, France. Some conclude the Lima and Paris negotiations are a "last chance" to do something meaningful on climate change.

But before getting a job at the State Department, where Hochstein has worked since 2011, he worked as a lobbyist for the firm Cassidy & Associates. Cassidy's current lobbying client portfolio consists of several fossil fuel industry players, including Noble Energy, Powder River Energy and Transwest Express. 

Back when Hochstein worked for Cassidy, one of his clients was Marathon Oil, which he lobbied for in quarter two and quarter three of 2008, according to lobbying disclosure forms reviewed by DeSmogBlog.

Hochstein earned his firm $20,000 each quarter lobbying the U.S. House of Representatives and the U.S. Senate on behalf of Marathon. 

Image Credit: Office of the Clerk, U.S. House of Representatives

Cross-Posted from DeSmogBlog

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

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

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

Cross-Posted from DeSmogBlog

Attorneys representing Denton, Texas, the first city to ban hydraulic fracturing ("fracking") in state history, have issued rebuttals to the two lawsuits filed against Denton the day after the fracking ban was endorsed by voters on election day. 

Responding to lawsuits brought by attorneys with intimate Bush family connections — with complaints coming from both the Texas General Land Office and the Texas Oil and Gas Association — the Denton attorneys have signaled the battle has only just begun in the city situated in the heart and soul of the Barnett Shale, the birthplace of fracking. 

In its response to the Texas Oil and Gas Association, Denton's attorneys argued the Association did not provide sufficient legal evidence that the Texas constitution demarcates the Texas Railroad Commission or the Texas Commission on Environmental Quality as the only governmental bodies that can regulate or permit fracking.

"Nowhere in...the Petition as a whole, does Plaintiff identify what regulations have been passed by the Texas Railroad Commission or the Texas Commission or Environmental Quality that allegedly occupy the 'entire field' rendering the [ban] preempted and unconstitutional," wrote the attorneys. "City requests the Court to order Plaintiff to replead that claim with greater specificity to meet those fair notice requirements."

Industry-friendly Railroad Commission (RRC) chairman Christi Craddick is on the record stating that the RRC will continue to issue permits despite the fact Denton citizens voted for a ban.

The Denton attorneys also argued that fracking is a "public nuisance" and "subversive of public order" in defense of the fracking ban.

Cross-Posted from DeSmogBlog

By Jess Guh

Yesterday marked the third annual Black Friday protests and strikes at Walmart, the largest private employer in this country.  The Walton family, controlling owners of the company, is America’s richest family, with holdings valued at almost $150 billion dollars.  For decades, Walmart has remained an employer powerhouse based upon a business model of low wages, poor benefits and union busting.

Cross-Posted from DeSmogBlog

Outgoing Interstate Oil and Gas Compact Commission (IOGCC) chairman Phil Bryant — Mississippi's Republican Governor — started his farewell address with a college football joke at IOGCC's recent annual conference in Columbus, Ohio.

Mississippi Governor Phil Bryant; Photo Credit: Wikimedia Commons

"As you know, I love SEC football. Number one in the nation Mississippi State, number three in the nation Ole Miss, got a lot of energy behind those two teams," Bryant said in opening his October 21 speech. "I try to go to a lot of ball games. It's a tough job, but somebody's gotta do it and somebody's gotta be there."

Seconds later, things got more serious, as Bryant spoke to an audience of oil and gas industry executives and lobbyists, as well as state-level regulators. 

At the industry-sponsored convening, which I attended on behalf of DeSmogBlog, it was hard to tell the difference between industry lobbyists and regulators. The more money pledged by corporations, the more lobbyists invited into IOGCC's meeting.

Perhaps this is why Bryant framed his presentation around "where we are headed as an industry," even though officially a statesman and not an industrialist, before turning to his more stern remarks.

"I know it's a mixed blessing, but if you look at some of the pumps in Mississippi, gasoline is about $2.68 and people are amazed that it's below $3 per gallon," he said.

"And it's a good thing for industry, it's a good thing for truckers, it's a good thing for those who move goods and services and products across the waters and across the lands and we're excited about where that's headed."

Bryant then discussed the flip side of the "mixed blessing" coin.

"Of course the Tuscaloosa Marine Shale has a little problem with that, so as with most things in life, it's a give and take," Bryant stated. "It's very good at one point and it's helping a lot of people, but on the other side there's a part of me that goes, 'Darn! I hate that oil's dropping, I hate that it's going down.' I don't say that out-loud, but just to those in this room."

Tuscaloosa Marine Shale's "little problem" reflects a big problem the oil and gas industry faces — particularly smaller operators involved with hydraulic fracturing ("fracking") — going forward.

That is, fracking is expensive and relies on a high global price of oil. A plummeting price of oil could portend the plummeting of many smaller oil and gas companies, particularly those of the sort operating in the Tuscaloosa Marine.

Cross-Posted from DeSmogBlog

DeSmogBlog's Steve Horn and Republic Report's Lee Fang have co-written an in-depth report on the influence the government-industry revolving door has had on Big Oil's ability to obtain four liquefied natural gas (LNG) export permits since 2012 from the Obama Administration.

 Photo Credit: DeSmogBlog

Titled "Natural Gas Exports: Washington's Revolving Door Fuels Climate Threat," the report published here on DeSmogBlog and on Republic Report serves as the launching pad of an ongoing investigation. It will act as the prelude of an extensive series of articles by both websites uncovering the LNG exports influence peddling machine. 

The report not only exposes the lobbying apparatus that has successfully opened the door for LNG exports, but also the PR professionals paid to sell them to the U.S. public. It also exposes those who have gone through the "reverse revolving door," moving from industry back to government and sometimes back again.

It reveals that many former Obama Administration officials now work as lobbyists or PR professionals on behalf of the LNG exports industry, as do many former Bush Administration officials. So too do those with ties to potential 2016 Democratic Party presidential nominee, Hillary Clinton. 

They include:

Cross-Posted from DeSmogBlog

Photo Credit: Wikimedia Commons

A controversial government contractor once again finds itself in hot water, or in this case, melting glacier water.

TransCanada chose Environmental Resources Management Group (ERM) as one of its contractors to conduct the environmental impact statement for Keystone XL on behalf of the U.S. State Department. ERM Group also happens to have green-lighted a gold mining project in central Asia that is now melting glaciers.

ERM Group has a penchant for rubber-stamping projects that have had tragic environmental and public health legacies. For example, ERM formerly worked on behalf of the tobacco industry to pitch the safety of its deadly product.

A January 2014 study about Keystone XL's climate change impacts published in the journal Nature Climate Change paints a drastically different picture than ERM Group's Keystone XL tar sands study.

The Kumtor Gold Mine, owned by Centerra Gold/Cameco Corporation, was provided a stamp of approval from ERM Group in October 2012. Similar to the TransCanada arrangement with the State Department on Keystone XL, Centerra served as the funder of the report evaluating its own project. 

"The mine sits at an altitude of 4,000 meters above sea level, in the Tien Shan mountain range and among some of Kyrgyzstan's - and the region's - most important glaciers," explained an October 28 story published in Asia Times.

"Centerra Gold has consistently dismissed as untrue that operations at Kumtor have had negative implications for the glaciers, which are reportedly melting with observable speed due to years of dumping rock tailings onto the ice sheet. The Canadian company has backed its position with expert evaluations from consultancies such as Environmental Resources Management." 

Photo Credit: Wikimedia Commons

Cross-Posted from DeSmogBlog

Cross-Posted from DeSmogBlog

George P. Bush; Photo Credit: Wikimedia Commons

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

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

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

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

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

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

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

Photo Credit: Texas Land Commission

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

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