Showing posts with label legislation. Show all posts
Showing posts with label legislation. Show all posts

Landmark Court Decisions Acknowledge Citizen Rights to a Healthy Climate (Video)

Ordinary citizens including children are using the courts to force governments to act on climate change. A number of lawsuits and some early judgements suggests that the courts may be able to spur significant climate action.

In August a group of 21 children, supported by renowned climate scientist James Hansen, filed a landmark constitutional climate change lawsuit against the federal government.


This lawsuit and others like it argue that weak action on climate change is a violation of the right to life, liberty and property. They assert that the federal government failed to protect essential public trust resources. They further allege that the government's promotion and development of fossil fuels is a violation of the constitutional rights of citizens and young people in particular.

These young plaintiffs are demanding significant reductions in greenhouse gases (GHGs), not only for themselves but for future generations.

As the leading source of GHGs the fossil fuel industry is understandably nervous. If successful this lawsuit and others like it could significantly diminish the prominent role that fossil fuels play in our economy. The fossil fuel industry knows what is at stake so they have come together and filed a joint motion that would allow them to join the Obama administration's fight against the lawsuit. While the children are not expected to win this time there have been successful outcomes in other parts of the world.

A citizen lawsuit in the Netherlands forced the Dutch government to increase its greenhouse gas emissions reduction and set a powerful precedent in the process. This outcome will have implications for the whole of Europe.



Recently, Hallie Turner, a 13 year old girl from Raleigh, filed a law suit in North Carolina to force that state to reduce carbon emissions by at least 4 percent each year.

Another ruling in Washington bodes well for Turner's case and the future of climate change lawsuits across the US. On November 19th in Seattle, Washington, Kings County Superior Court Judge Hollis R. Rill issued a president setting verdict. His ruling upheld the right of young people to demand more cuts to greenhouse gases a a carbon emissions rule from the Washington Department of Ecology. The suit was filed on behalf of eight young people and future generations.

Judge Hill declared: "[the youths] very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming…before doing so becomes first too costly and then too late...the state has a constitutional obligation to protect the public’s interest in natural resources held in trust for the common benefit of the people."

The is a landmark ruling that will resonate across America. Governments have a "mandatory duty" to ensure a level of air quality that is not injurious to the health of current and future generations. The repercussions of similar judgements elsewhere in America and around the world could prove to be devastating to the fossil fuel industry.

At the very least these lawsuits will add even more pressure on governments to act on climate change at COP21.

For a comprehensive summary of all climate change legislation in the US click here.

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Video - Senator Markey Calls out Republican Climate Deniers for their Fossil Fuel Advocacy and their Obstructionism on Climate Change



The Democratic Senator for Massachusetts Ed Markey laments the collapse of the Shaheen-Portman energy efficiency bill. Had Republicans not opposed it, it would have cut carbon pollution and created jobs. He explains that the bill collapsed because Republicans tied the vote on Shaheen-Portman to three measures designed to support the fossil fuel industry:

1. Stop EPA rights to cut emissions form power plants
2. Increase exports of natural gas which will increase costs and therefore the use of coal
3. Prevent the Senate from considering global warming pollution controls

Antarctic Sea Ice

Markey referenced the studies which point to the unstoppable melting of the Antarctic sea ice and rising seas. This means cities like Boston, south Florida and New Orleans will be underwater. The world's ice is melting and Republicans are the cause. Markey suggests that the next piece of ice that breaks off of a glacier should be reserved as an island for climate deniers.

Production Tax Credit for the Wind Industry

He goes on to say that despite strong growth in the US wind industry, last year the sector lost 30,000 jobs because Republicans opposed the production tax credit (PTC). As explained by Markey if the oil and gas industry receive 7 billions of tax breaks per year than renewable technologies should as well.

He concluded his remarks by saying, "We need to be sure we are protecting generations to come"

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Video - Former Mexican President Blames Republicans for their resistance to Combating Climate Change



According to former President of Mexico Felipe Calderón, the GOP is a major impediment in the fight against climate change. Speaking at the Harvard Business school in April, Calderón said that Republicans in Congress are like Chinese coal plants in that they are both adversaries in the fight against climate change. He called Republicans, "The most serious problem is in the United States Congress." "If you are a Republican, it's like a formal requirement to be a nonbeliever in climate change. And that's bad," Calderón said.

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US Supreme Court Ruling Makes it Easier to Buy Election Outcomes

A recent ruling by the Republican-appointed majority on the US Supreme Court has freed uber-wealthy to flex their financial muscles so that they can buy electoral outcomes. The ruling on the McCutcheon v. Federal Election Commission case upholds the $2,600 limit per candidate, however, limitations on the number of candidates that can be given money has been lifted. This means that those with the financial means can now interfere with the democratic process.

Some of America's wealthiest people want to stymie government oversight from agencies like the Environmental Protection Agency (EPA). Their goal is to create a pro-business environment which is unfettered by regulation. This includes billionaires who want to pollute, extract fossil fuels or decimate forests.

The true beneficiaries of this court ruling is the Republican party which has become the mouthpiece for irresponsible corporate interests.

With an investment of $1,216,800, wealthy donors can help their candidates in both the House and the Senate races in every election across the country.

This is not the first time the conservative controlled Supreme Court has aided and abetted the wealthy in their bid to buy election outcomes. In a 2010 decision, the Citizens United case overturned limits on independent campaign spending by corporations, unions and Super PACs.

These PACs effectively determined the outcomes in a number Republican primaries in 2013. They also succeeded in pushing out moderate candidates.

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US Senators Climate Change Slumber Party

US Senators Climate Change Slumber Party
On the night of March 10 into the morning of March 11, Democratic and Independent US Senators pulled an all-nighter to discuss climate change. A total of 28 Senators spoke all night to urge action on climate change.

“Climate change is real, it is caused by humans, and it is solvable,” said Senator Schatz, he went on to say why he was participating in the climate change slumber party: “Congress must act. On Monday night we’re going to show the growing number of Senators who are committed to working together to confront climate change,” Schatz said.

Senator Boxer said: “So many Senators coming together for an all-night session shows our commitment to wake up Congress to the dangers of climate change. All you have to do is look at China to see what happens to your country when you throw the environment under the bus.”

"The cost of Congress' inaction on climate change is too high for our communities, our kids and grandkids, and our economy," Senator Whitehouse said. "On Monday we’ll be sending a clear message: it’s time for Congress to wake up and get serious about addressing this issue."

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Democrats May Have Renewed Interest in Tackling Climate Change

We may be seeing renewed interest in climate change advocacy from Democrats. While Republicans have made their contempt for climate change legislation known, many Democrats are also guilty of dereliction of duty on the subject of climate change. Four years ago there were not enough votes in the Democrat controlled Senate to move forward with climate change legislation.

Senate Majority Leader Harry Reid recently told reporters that, "Climate change is the worst problem facing the world today." This is a reiteration of comments he made last June, when he said in a speech on the Senate floor that "we have no more important issue in the world than this issue, period."

Rhode Island Democrat Sheldon Whitehouse said Reid's climate remarks are evidence that the profile of the issue has "climbed considerably."

To illustrate the point at least 26 Senate Democrats and two independents staged a climate awareness slumber party on the night of Monday March 10th with the message that "its time for Congress to wake up and get serious about addressing [climate change].

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Event - Making Waves: The Second Annual Canadian Association of Environmental Law Societies (CAELS) Conference

The Environmental Law Conference will take place on February 21 - 22, 2014 at the University of Ottawa’s new Faculty of Social Sciences building in Ottawa, Ontario. The Canadian Association of Environmental Law Societies (CAELS) is an exciting new networking project connecting environmental law students across the country.

The second annual CAELS conference will focusing on Canadian environmental law issues. The conference will bring together law students, academics, and practitioners from around the country to learn and network. This student-run conference will feature keynote addresses from Gord Miller (Environmental Commissioner of Ontario) and Maude Barlow (Council of Canadians). In addition, the conference will have multidisciplinary panels of speakers featuring graduate students, practitioners, and academics.

Environmental law requires expertise in a broad variety of disciplines, from physics and biological sciences to law and policy to social movements. Panels will reflect this diversity. This event will allow CAELS to further establish itself as a forum for students and professionals in Ontario and Canada who are interested in the development and study of environmental law.

Click here for more information or to register.

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The Environmental Implications of the US Omnibus Spending Bill

A new spending bill may have bipartisan support but it has both good and bad implications for the environment. On Monday January 12, 2013, the House and Senate appropriations committee chairs announced that they had agreed on an omnibus appropriations bill (FY14). The bilateral agreement put together by House Appropriations Chair Hal Rogers (R-Ky.) and Senate Appropriations Chair Barbara Mikulski (D-Md.) allocates $1.012 trillion in federal spending.

On the upside environmentalists successfully fended off Republican attempts to reduce funding for the Environmental Protection Agency (EPA) that would have impeded the agency's efforts to regulate greenhouse gases (GHGs).

But environmentalists were disappointed that the inefficient incandescent light bulb was saved by the bill. The bill stops energy efficiency regulations imposed during George W. Bush's administration and continued under President Obama that would have phased out incandescent light bulbs in favor of more efficient lighting like LEDs.

The spending legislation will also put an end to the proposed high-speed rail project in California. Finally only a portion of the scientific research funding cut by sequestration is restored by the bill.

© 2014, Richard Matthews. All rights reserved.

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Republicans Have Painted Themselves Into a Corner on Climate Change

The Republican position on climate change may drive party support to historic lows in the not too distant future. While most Americans (including supporters of the GOP) think that climate change is real and want the government to act, the majority of Republicans in Congress are science eschewing climate deniers. According to an analysis by the Center for American Progress, 58 percent of Republicans in the current Congress deny the existence of climate change or oppose action to cut greenhouse gas emissions.

Congressman Joe Barton of Texas and Senator Jim Inhofe of Oklahoma are poster boys for the flat earth/Luddites in Congress. They regularly dismiss climate change as a “hoax.” However a new analysis from a Stanford University Social Psychologists makes this position politically untenable. Americans, including Republicans think global warming is real and want the government to act.

“This new report is crystal clear,” said Waxman. “It shows that the vast majority of Americans – whether from red states or blue – understand that climate change is a growing danger. Americans recognize that we have a moral obligation to protect the environment and an economic opportunity to develop the clean energy technologies of the future. Americans are way ahead of Congress in listening to the scientists.”

While Democrats are known for their acknowledgement of a science based understanding of climate change Republicans have forcefully defined themselves as "skeptics." What is most striking about the research is the fact that members of the GOP in Congress are at odds with party supporters. 

According to the Stanford study, it is people's personal experience with extreme weather like heatwaves that is driving them to acknowledge the existence of man-made global warming and support government action to combat it. The GOP's recent hearings on global warming were little more than a climate denial sham, which suggests that many Republicans in the House have yet to feel the heat.

© 2013, Richard Matthews. All rights reserved.


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Except for Republican Members of Congress Climate Deniers are a Rare Breed in America

According to the latest research, the vast majority of Americans both Democrat and Republican embrace the veracity of anthropogenic climate change and want the government to do something about it. However, according to an analysis by the Center for American Progress, a solid majority (58 percent) of Republicans in the current Congress deny the existence of climate change or oppose action to cut greenhouse gas emissions.

John Krosniak is a social psychologist senior fellow and Stanford University Professor, his research (pdf) indicates that solid majorities in both blue and red states are worried about climate change. His analysis also says that majorities in both red and blue states want the government to act to reduce global warming causing emissions.

A vast majority of red-state Americans believe climate change is real and at least two-thirds of those want the government to cut greenhouse gases (GHGs). This holds true even in stridently red states like Texas and Oklahoma. More than 80 percent of Oklahomans and Texans accepted that climate change was occurring and 76 percent in both states want the government to act to limit GHGs

Krosnick's analysis comprises more than 10 years worth of poll results in 46 states. Climate deniers were not the majority in any of the states studied.

In every state surveyed for which sufficient data was available:

At least three-quarters of residents are aware that the climate is changing. At least two-thirds want the government to limit GHG emissions from businesses. At least 62 percent want regulations that cut carbon pollution from power plants. At least half want the U.S. to take action to fight climate change, even if other countries do not.

Click here for fact sheets

© 2013, Richard Matthews. All rights reserved.

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House GOP's Climate Denial Circus of Lies

The Republicans in the House of Representatives staged a climate denial circus on Wednesday December 11. Their so-called “factual” hearing about climate change, invoked the testimony of skeptics concluded that half of scientists think that global warming is a hoax. The actual number in more like 97 percent. They also tried to dismiss any connection between climate change and extreme weather. The Subcommittee on Environment hearing was ironically titled “A Factual Look at the Relationship Between Climate and Weather.”

Much of the lies and misrepresentation came from John Christy, a climate denying professor at the University of Alabama in Huntsville. While the only scientifically factual part of the hearing came from Pennsylvania State University’s Dr. David Titley.

The Lies

As published in the Raw Story, Chairman Lamar Smith (R-TX) asked Professor Christy, if it was really true that “97 percent of climate scientist think that climate change is real.”

“No, not at all,” Christie replied. “The American Meteorological Society, by the way, did do a survey of its professional members and found only 52 percent said that climate change of the past 50 years was due mostly to human kind. So, 52 percent amount is quite small, I think, in terms of confidence.”

“You think the 52 percent is much more credible than the 97 percent?” Smith pressed.

“Oh, yes,” Christie insisted. “It included over a thousand respondents.”

“Fifty-two percent, I don’t think by anybody’s definition, is a consensus, by the way,” Smith noted. “So I would so say that there’s not necessarily a consensus.”

The Truth

Later in the hearing, Rep. Mark Takano (D-CA) asked professor Titley, if he agreed with the witnesses who claimed there was no link between climate change and weather.

“You know, I was almost going to start nodding my head up and down with the other witnesses until I heard that there was no linkage,” Titley said. “I think the scientific consensus is not that there is no linkage, the scientific consensus is ‘we don’t know.’ What we do know, we have a warmer and more moister world.”

“Can you comment on the claim that there have been no increase in extreme weather events?” Takano wondered.

“Just take the basic data, we have had for the last 36 years, since President Ford was in office, above normal temperatures,” Titley observed. “That’s away from the center and they’re getting further and further away. Now if you take each year as kind of its own thing and imagine flipping a coin 36 times and getting heads. I mean, if that’s a fair coin, I want to go to Vegas with you.”

“The odds of that are about 1 in 68 billion,” he added. “To put it another way, there’s a 400 times greater chance that you’re going to win the Powerball [lottery] — which is $400 million, by the way, this week — than getting 36 coins to flip heads in a row.”

“So, I would say that is extreme. And the ice in the Arctic, that’s extreme. We’ve seen geologic changes in less than 10 years.”

A survey published earlier this year the journal Environmental Research Letters looked and the work of 29,000 climate scientists published in nearly 12,000 academic papers and found that 97.1% agreed that human activity was causing climate change.

© 2013, Richard Matthews. All rights reserved.

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Event - Risky Business: Empowering People with Environmental Information

This event will take place on November 27, 2013, 08:30 - 16:40 at the Institution of Civil Engineers, One Great George Street, London, UK. Risky Business: Empowering People with Environmental Information brings you the most up-to-date information on legislation and regulation that affects environmental due diligence.

Expert speakers from all areas of the field will provide an insight into the current landscape and recent developments within the industry whilst providing practical guidance to ensure you are doing all you can to help your clients and yourself.

Risky Business provides a forum for delegates to question key industry decision makers on recent hot topics affecting the industry and network with colleagues from other environmental and property businesses.

Speakers and Subjects
  • Peter Atchison (PAGeotechnical Ltd): Chair
  • Jonathan Davis (Jonathan Davis Wealth Management): Macroeconomic outlook for UK economy / commercial property
  • Hugh Mallett (Buro Happold Ltd): Brownfield First! Or the "Dash for grass". Implications of the NPPF on the redevelopment of land affected by contamination
  • Peter Warman (Ground-Gas Solutions): Ground-gas: Best practices in monitoring techniques
  • Les White (Aeris Europe): European Air Quality: Where from here and what might it mean for European businesses? Simon Cooke (6 Alpha): "Bombs Away" - Understanding UXO Risks
  • Nicholas Willenbrock (CL:AIRE): The uptake and benefits of using the CL:AIRE Definition of Waste: Code of Practice (DoWCoP) and its future development
  • Justin Butler (Ambiental): Keeping Your Clients Afloat - how flooding is impacting commercial property and business sustainability
  • Andrew Wiseman (Harrison Grant Solicitors): Legal Issues - an update
  • Caroline McCaffrey (Land Quality Management Ltd): Sustainability: Beyond risk based land management?
Who Should Attend

Environmental consultants, civil engineers, planning professionals, contractors, technology vendors, local authorities, contaminated land professionals.

Why Attend

The latest hot topics affecting the industry will be discussed by key industry leading figureheads. The event provides a networking arena between industry peers and key figure heads. Gain practical guidance and expert advice on contaminated land treatment. Question and answer sessions at the end of each presentation, giving delegates the opportunity to probe the industry experts and debate important issues.

To register click here.

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Supreme Court to Review EPA's Right to Limit GHGs

The United States Supreme Court has indicated that it may limit the Environmental Protection Agency's (EPA) efforts to regulate greenhouse gas (GHG) emissions. On Tuesday, October 22, 2013, the US Supreme Court indicated that it would hear arguments against the EPA's right to regulate GHGs under the Clean Air Act (CAA).

This is in response to six separate petitions for ‎certiorari (a writ or order by which a higher court reviews a case tried in a lower court). The litigation is titled Coalition for Responsible ‎Regulation, Inc. et al., v. Environmental Protection Agency (D.C. Cir. Index No. 09-1322). Those who filed the petitions are putting the interests of the old energy economy ahead of efforts to combat climate change. They include the State of Texas, the US Chamber of Commerce, and predictably industry associations ‎of energy producers and users.‎

These challenges arise from a decision of the Federal Circuit Court for the District of Columbia which upheld ‎EPA's efforts to regulate GHGs under the CAA.

The Supreme Court will review the question: "Whether EPA permissibly determined that its ‎regulation of greenhouse gas emissions from new motor vehicles triggered permitting ‎requirements under the Clean Air Act for stationary sources that emit greenhouse gases."

In an order issued on October 30, 2013, the court told the six petitioners in the consolidated case to keep their legal briefs to 45,000 words total. This represents a substantial reduction from nine separate briefs of 15,000 words each, or 135,000 words total.

Among the EPA efforts that are threatened by this review are GHG emission limits for light-duty vehicles (tailpipe ‎rule) and large, stationary sources (timing and tailoring rules).

In 2007 the Supreme Court ruled that EPA has the authority to regulate GHG emissions ‎‎(Massachusetts v. EPA). However the recent Supreme Court decision to review the D.C. Circuit Court's ruling is a win for the brown economy and those opposed to GHG regulation.

The Supreme Court decision is at odds with US public opinion as a Hart Research Poll indicates that 74 percent of voters support EPA’s proposals to limit power plant emissions. That support cuts across states that supported Barack Obama (73 percent) and Mitt Romney (73 percent) as well as party identification (Democrats 92 percent, independents 72 percent, and Republicans 58 percent).

The court has not scheduled arguments yet, but they are likely to take place in February.

© 2013, Richard Matthews. All rights reserved.

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Event - Regulating Climate Change: The Supreme Court, Clean Air Act and EPA's Upcoming Greenhouse Gas Rules

Regulating Climate Change: The Supreme Court, Clean Air Act and EPA's Upcoming Greenhouse Gas Rules October 30, 2013 12 p.m. -1:15pm Faculty Club, D’Agostino Hall New York University School of Law 108 W 3rd St, New York, NY Registration is free, but required: RSVP.

 On October 15, the Supreme Court, by deciding to review only a narrow issue in an expansive DC Circuit Court decision on greenhouse gas regulation, has upheld the EPA's authority to regulate climate-altering pollution from both stationary and mobile sources. This panel will discuss the decision, the implications and the EPA's options in regulating climate change in the coming years.

Panelists:
  • Vickie Patton, General Counsel, Environmental Defense Fund; 
  • Jared Snyder, Assistant Commissioner, Air Resources, NYS Department of Environmental Conservation; 
  • Richard Revesz, Dean Emeritus and Professor; Director, Institute for Policy Integrity, NYU School of Law; Richard Stewart, University Professor; Director, Guarini Center on Environmental and Land Use Law, NYU School of Law. 
If you have questions, please email bryce.rudyk@nyu.edu. 

For building security purposes, please RSVP here.

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Republican Controlled Subcommittee on Energy to Hold Hearings on Climate Change

The likelihood of House Republicans exploring the science of climate change is right up there with hell freezing over. However, this is precisely what is scheduled to take place, (no not hell freezing over Republicans investigating the science of climate change). Believe it or not House Republicans have summoned the leaders of 13 federal agencies to a hearing set to take place on September 18, 2013. These hearings will examine the sweeping climate change agenda proposed by US President Barack Obama in June.

Organized by the Energy and Commerce Subcommittee on Energy and Power, these hearing are asking relevant federal agencies about US climate change policies and the Obama administration's climate agenda. These hearings come in response to the President's request that Congress develop market-based legislation to reduce greenhouse gases.

This is a major step for House Republicans which up until this point have ignored all attempts to get them to examine the facts on global warming. Since 2011, subcommittee Chairman Ed Whitfield (KY) has denied a total of 27 separate requests by Democrats to hold hearings on climate change. It will be fascinating to watch how House Republicans, a well known bastion of climate denial, deal with such a science based approach to the issues.

Whitfield has invited testimony from the Environmental Protection Agency, the Department of Energy, the Department of Health and Human Services, the Department of Agriculture, the Department of the Interior, the Department of Transportation, the Department of Defense, the Department of State, the U.S. Agency for International Development, the Export-Import Bank of the U.S., the Office of Science and Technology, the National Oceanic and Atmospheric Administration and the National Aeronautics and Space Administration.

It should come as no surprise that this is in no way an endorsement of the President's climate agenda. The hearings are but the latest attempt by Republicans in Congress to diminish the administration’s climate change agenda.

The Climate Reality Project is encouraging legislators to support a scientific approach to managing climate change. Click hereto find out how.

© 2013, Richard Matthews. All rights reserved.

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Event - Legal and Insurance Lessons Learned From Major Catastrophic Events

Legal and Insurance Lessons Learned From Major Catastrophic Events will take place on September 10, 2013,8 a.m. at the TKP Conference Center, 109 West 39th Street (Between 6th and Broadway), New York, NY.

Hosted by Marsh and K&L Gates. Join Marsh and K&L Gates for a complimentary one-day seminar at which our experts will discuss important topics from both a legal and risk management perspective to better prepare you for managing the risks associated with catastrophic events. We will cover: Lessons learned from Superstorm Sandy and the World Trade Center Disaster; Contractor default insurance and claim management techniques; Optimizing post-disaster claim recovery. and project risk management techniques to reduce the likelihood and impact of cost overruns and schedule delays.

Registration and Continental Breakfast: 8:00 a.m. - 8:30 a.m. Sessions: 8:30 a.m. - 4:30 p.m. and Cocktail Reception: 4:30 p.m. - 6:30 p.m. A complimentary lunch and cocktail reception will be included with your registration.

Click here for more information or to register.

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ALEC Must Die

There is a sinister force that is corrupting American politics by giving the most environmentally destructive elements of Big Business significant control over state legislatures. The American Legislative Exchange Council (ALEC) turns 40 this year. This organization is composed of large corporations and state lawmakers. They draft environmentally harmful model laws that have been adopted in state legislatures across the country.

ALEC describes itself as “nonpartisan public-private partnership” and is registered as a not for profit organization. While the organization enjoys 501(c)(3) tax-exempt status, many groups see it as little more than a front for one of the most powerful and influential lobby groups in America.

The threat to America’s democracy from ALEC should not be underestimated as this is a well-funded and well-coordinated organization that has a proven track record of successfully manipulating state legislatures.

According to a new report from the Center for Media and Democracy (CMD), ALEC continues to hold sway over statehouses across the country. In total, CMD identified 466 ALEC bills that were introduced in state legislatures during the first seven months of 2013. At least eighty-four of these measures have become law.

As reviewed in PR Watch, ALEC’s real mission in state legislatures is, “to allow dirty energy companies to pollute as much as they want, to attack incentives for clean energy competitors and to secure government handouts to oil, gas and coal interests,” says Connor Gibson, a Research Associate at Greenpeace.

Fossil fuel lobby


One of the most egregious threats to the public interest comes from the fossil fuel industry’s involvement with ALEC. “Disregarding science at every turn, ALEC is willing to simply serve as a front for the fossil fuel industry,” says Bill McKibben, co-founder of 350.org.

Corporate sponsors of ALEC include the leaders of the fossil fuel industry. Companies like Koch Industries, ExxonMobil, Duke Energy, Peabody Energy, BP, Shell, Chevron, TransCanada and American Coalition for Clean Coal Electricity, as well as industry trade associations and large corporate foundations provide almost all of ALEC’s funding.

ALEC’s goals are clear, they seek to provide financial rewards and protections to the companies that they work with.

According to Calvin Sloan, a legislative researcher with People for the American Way, corporations pay $50,000 each for full membership in ALEC. The purpose of the ALEC meetings is to instruct lawmakers on policy initiatives, which according to Sloan is “a fossil fuels-funded agenda.”
“They [ALEC] have participating corporations like fossil fuel companies drafting legislation that benefits those corporations directly, and then can get that legislation introduced in 50 states within a year,” Sloan said. “It’s part of an overall framework of corporations exerting their will and agenda upon the people.”
ALEC supports some of the most destructive fossil fuel legislation ever tabled including bills supporting coal, fracking and the Keystone XL Pipeline project.  It should come as no surprise that TransCanada Corp., the company that wants to build the Keystone XL pipeline, is also a member of ALEC. The company even sponsored an expense-paid trip called “ALEC academy” for nine ALEC-member state legislators. Following the trip, some of those in attendance introduced resolutions backing the pipeline in their state legislatures.
According to CMD, 77 ALEC bills promoting fossil fuels and undermining environmental protections were introduced in 34 states in 2013. At least seventeen of these measures have become law.

 

Climate change denial


ALEC’s activities extend beyond support for fossil fuel interests and encompass climate change misinformation. The Environmental Literacy Improvement Act which passed in at least four states, teaches children that climate change is a “controversial theory.” (The truth is that with 98 percent support, there are few theories that have garnered more support from scientists than anthropogenic climate change).

ALEC is a leading organization that actively denies the veracity of anthropogenic climate change and opposes limits on climate change causing emissions. At the 2013 meeting of ALEC, climate change was one of the items on the agenda.

One of the speakers at this year’s ALEC meeting was Joe Bastardi, he is a leading climate change denier and television weather forecaster who frequently comments on Fox News. He has called human-caused global warming an “obvious fraud.”  This year, Bastardi was the speaker at a plenary breakfast meeting misleadingly titled “A Thoughtful Approach to Climate Science.” In 2011, he spoke about “The Many Benefits of Increased Atmospheric CO2″ at ALEC’s annual meeting.

As reported in a May 2013 Forbes article, Bastardi says that “blaming turbulent weather on global warming is extreme nonsense.” While many have speculated as to whether he is willfully ignorant, willful, or just plain ignorant, as a meteorologist Bastardi should know better.

 

Opposition to renewable energy


ALEC does not only work in support of dirty hydrocarbons, it also is working to snuff out renewable energy. “ALEC’s long time role in denying the science and policy solutions to climate change is shifting into an evolving roadblock on state and federal clean energy incentives, a necessary part of global warming mitigation,” says Gibson.

Through legislation called the Electricity Freedom Act, ALEC sought to prevent states from requiring energy companies to increase electricity production from renewable energy sources. Because the Electricity Freedom Act failed to gain the support of state legislatures, ALEC is modifying its plan of attack against renewable energy standards. At its August 2013 meeting, ALEC introduced a bill called the Market Power Renewables Act, which seeks to undermine the Renewable Portfolio Standard or RPS.

As explained by PR Watch, this legislation “would phase-out a state’s RPS and instead create a renewable “market” where consumers can choose to pay for renewable energy, and allow utilities to purchase energy credits from outside the state. This thwarts the purpose of RPS policies, which help create the baseline demand for renewables that will spur the clean energy investment necessary to continue developing the technology and infrastructure that will drive costs down.”

 

Opposition to emissions reduction


ALEC has drafted laws that seek to oppose state efforts to reduce emissions. This includes a model bill titled, “State Withdrawal from Regional Climate Initiatives”, which opposes limiting climate change causing carbon emissions.

ALEC bills have not only opposed efforts from state agencies to regulate pollution, they even tried to stop the federal Environmental Protection Agency (EPA) from regulating greenhouse gas emissions.
In essence, ALEC’s goal is to undermine emissions reduction efforts and to continue our reliance on fossil fuels. Resistance to limiting atmospheric CO2 represents a serious threat to global health as it is widely understood that failure to reign in carbon emissions will have catastrophic consequences.

 

Control of water, land and information


An ALEC bill titled “Environmental Services Public-Private Partnership Act” would give for-profit companies control over wastewater treatment and drinking water. Another ALEC law titled “Disposal and Taxation of Public Lands Act” would give states access to resources in federal lands that are protected as wilderness preserves.

In addition to promoting anti-environmental bills, and seeking control over resources, they also craft legislation to control information and help industry escape public accountability. ALEC’s Animal and Ecological Terrorism Act would quash the First Amendment rights of reporters, investigators and videographers by making it harder for them to document issues associated with food safety and animal cruelty.  This is similar to Utah’s ag-gag law of 2012, which led to charges against a young woman named Amy Meyer, who filmed the outside of a slaughterhouse from public land. This ALEC model bill could also criminalize environmental civil disobedience.

Click here to view the full list of 2013 bills from the ALEC Energy, Environment, and Agriculture Task Force bills.

 

Growing resistance


The American public is increasingly aware of ALEC’s activities. As ALEC gathered for its 40th annual meeting in Chicago on August 7, they were met by protesters who marched outside the Palmer House Hotel where the meeting was held. The thousands who demonstrated included environmentalists, union members, civil rights activists, and social justice campaigners. Although this was not the first protest against ALEC, it was the largest to date.

Groundbreaking news coverage has helped to expose ALEC. Some of the most inclusive coverage of ALEC was provided by the CMD in the 2011 piece titled “ALEC Exposed.” Another was a documentary from Bill Moyers & Company titled “United States of ALEC.

One of the ways that ALEC has managed to wield so much power is by virtue of the fact that they have always functioned in the shadows. However, people are increasingly coming to terms with the nefarious ways in which ALEC threatens democracy and efforts to combat climate change.

The normally clandestine activities of ALEC are no longer hidden under a blanket of secrecy. Companies are increasingly understanding that involvement with ALEC is a PR liability.  Already, there have been a number of big multinationals that have withdrawn from the organization. Over the past year-and-a-half, almost 50 global corporations have dropped their ALEC membership and national campaigns are encouraging others to abandon ALEC.

After four decades of covert operations, ALEC is starting to feel the pressure from public scrutiny. Although ongoing resistance can be expected from the fossil fuel industry, public awareness can divest ALEC of its influence over state legislatures.

Shinning a spotlight on ALEC’s activities will kill the succubus that is draining the lifeblood from America’s democracy.

Source: Global Warming is Real

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