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Tue, 2013-09-03 14:37Steve Horn
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"Frackademia" By Law: Section 999 of the Energy Policy Act of 2005 Exposed

With the school year starting for many this week, it's another year of academia for professors across the United States - and another year of “frackademia” for an increasingly large swath of “frackademics” under federal law. 

“Frackademia” is best defined as flawed but seemingly legitimate science and economic studies on the controversial oil and gas horizontal drilling process known as hydraulic fracturing (“fracking”), but done with industry funding and/or industry-tied academics (“frackademics”). 

While the “frackademia” phenomenon has received much media coverage, a critical piece missing from the discussion is the role played by Section 999 of the Energy Policy Act of 2005. Although merely ten pages out of the massive 551-page bill, Section 999 created the U.S. Department of Energy-run Research Partnership to Secure Energy for America (RPSEA), a “non-profit corporation formed by a consortium of premier U.S. energy research universities, industry and independent research organizations.” 

Under the Energy Policy Act of 2005, RPSEA receives $1 billion of funding - $100 million per year - between 2007 and 2016. On top of that, Section 999 creates an “Oil and Gas Lease Income” fund “from any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases.” The federal government put $50 million in the latter pot to get the ball rolling. 

The Energy Policy Act of 2005's ”Halliburton Loophole” - which created an enforcement exemption from the Clean Water Act and the Safe Drinking Water Act for fracking, and made the chemicals found within fracking fluid a “trade secret” - is by far the bill's most notorious legacy for close followers of fracking.

These provisions were helped along by then-Vice President Dick Cheney's Energy Policy Task Force, which entailed countless meetings between Big Oil lobbyists and executives and members of President George W. Bush's cabinet. Together, these lobbyists and appointees hammered out the details behind closed doors of what became the Energy Policy Act of 2005, a bill receiving a “yes” vote by then-U.S. Sen. Barack Obama.

Wed, 2013-08-21 05:00Steve Horn
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Exclusive: Ousted Chesapeake Energy CEO Aubrey McClendon Launching Ohio Land Grab

Aubrey McClendon's penchant for “land grab” as a business model made the recently-ousted Chesapeake Energy CEO infamous - and he's at it again for his new start-up hydraulic fracturing (“fracking”) company in Ohio's Utica Shale basin. It's a formation he once hailed as the “biggest thing to hit Ohio since the plow.”

Under Securities and Exchange Commission investigation for sketchy business practices, McClendon departed Chesapeake with a severance package including $35 million, access to the company's private jets through 2016 and a 2.5% *return on ownership stake in* every well Chesapeake fracks through June 2014.

Since then, he launched three new start-ups: McClendon Energy PartnersAmerican Energy Partners and Arcadia Capital LLC.

American Energy Partners' headquarters are just half a mile down the road from Chesapeake's, the number two U.S. producer of shale gas behind ExxonMobil. Some of those in McClendon's Chesapeake inner circle have left Chesapeake and joined him (or reportedly intend to join him) at his new ventures.**

Though former Chesapeake employees are barred from working for McClendon, this excludes “any employee assigned to Mr. McClendon as an assistant,” “any employee who has been terminated by the Company,” “any employee who elects (or has elected) to accept any voluntary severance or retirement program offered by the Company,” or “any employee for whom the Company consents in advance to the soliciting and hiring by Mr. McClendon.” 

In other words, the scandal-ridden AKM Operations has shape-shifted into McClendon Energy Partners, American Energy Partners and Arcadia Capital LLC.

McClendon's playing the same business plan game using a different company name, with Ohio serving as the first pit stop. Although his business plans were held close to the chest since his Chesapeake departure, recent stories indicate that McClendon's Ohio “land grab” has now begun in earnest.

Fri, 2013-08-16 10:51Steve Horn
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Warren Buffett Buys Over $500 Million of Suncor Tar Sands Stock, Latest in "Dirty Deeds Done Dirt Cheap"

Warren Buffett - the fourth richest man on the planet and major campaign contributor to President Barack Obama in 2008 and 2012 - may soon get a whole lot richer.

That's because he just bought over half a billion bucks worth of Suncor Energy stock: $524 million in the second quarter of 2013, to be precise, according to Securities and Exchange Commission filings. Suncor is a major producer and marketer of tar sands via its wholly owned subsidiary Petro-Canada (formerly Sunoco) and this latest development follows a trend of Buffett enriching himself through dirty investments and deal-making. 

So far in 2013, Suncor (formerly Sun Oil Company) has produced 328,000 barrels per day of tar sands crude.

Though he receives far less negative press than the Koch Brothers, Buffett's no deep green ecologist. Not in the slightest. 

Referred to as one of 17 “Climate Killers” by Rolling Stone's Tim Dickinson in a January 2010 story, Buffett owns the behemoth holding company, Berkshire Hathway. It's through Berkshire that he's making a killing - while simultaneously killing the ecosystem - through one of its most profitable wholly-owned assets: Burlington Northern Santa Fe (BNSF).

Buffett purchased BNSF for $26 billion and was “the largest acquisition of Buffett's storied career,” Dickinson wrote.

BNSF hauls around frac sand for the controversial horizontal oil and gas drilling process known as “fracking.” The rail company also moves fracked oil from North Dakota's Bakken Shale basin, tar sands logistical equipment and tar sands crude itself and tons of coal. And not only does Buffett's BNSF haul around ungodly amounts of coal, he actually owns coal-burning utility companies, too.

Fri, 2013-08-16 05:00Steve Horn
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Law Firm Behind Removal of YouTube Tar Sands Satire Fundraiser Tied to Big Oil

Law Firm Behind Removal of YouTube Tar Sands Satire Fundraiser Tied to Big Oil

DeSmog Canada recently revealed Andy Cobb and Mike Damanskis - two political satirists in the spotlight for their ongoing spoofery of the Alberta tar sands project - had an Indiegogo fundraising promotional video for their upcoming “vacation” to the Alberta tar sands ordered removed from YouTube due to an alleged copyright violation.

Alleged because under U.S. legal precedent (YouTube is a U.S. company), it's almost impossible to claim copyright damages for parody and/or satire. That won't keep Travel Alberta, the province's tourism bureau, from trying.

“The original inspiration for our project is that industry PR around the tar sands seems like a cross between a travel ad and oil company ad, inviting us to 'come to Alberta' and see for ourselves,” Mike Damanskis told DeSmog

Demanskis has provided DeSmog with a copy of Travel Alberta's complaint, a screenshot of which can been seen below.

Thu, 2013-08-15 14:50Steve Horn
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Mark Fiore Unveils "Keystone Clones" Cartoon on Keystone XL Corruption Ring

mark fiore tar sands timmy keystone xl

Mark Fiore - the Pulitzer Prize-winning political cartoonist satirist - has a new video out that in two-minutes pokes fun at the perverse conflicts of interest that've prevailed throughout debate over the prospective Keystone XL northern half.

It's these conflicts of interest that DeSmogBlog has focused on in the past several months since the March 2013 release of the sham U.S. State Department Keystone XL environmental review. Some of the conflicts of interest covered in Fiore's 2-minute video titled “Keystone Clones” now up on Moyers and Company's website include:

-Anita Dunn/Robert Bauer Scandal: Described as a “Power Couple” by NewsweekAnita Dunn is President Barack Obama's former communications director and was a top-level communications advisor for Obama's 2008 run for president and Secretary of State John Kerry's 2004 run for president. Through her PR firm SKDKnickerbocker, she does communications work for TransCanada, owner of the Keystone XL pipeline.

Her husband Robert “Bob” Bauer is Obama's personal attorney, former White House Counsel under Obama, and served as the election law attorney for Kerry in 2004 and Obama in 2008 and 2012. Infamous in election law reform circles for his attempts to bend election law in such a way as to flood the electoral system with more money, Bauer's law firm Perkins Coie also has an attorney-client relationship with TransCanada.

-ERM Group Scandals: Obama's State Department chose a Big Oil-connected contractor named Environmental Resources Management, Inc. (ERM Group) to do the environmental review for Keystone XL's northern half. ERM - which historically also did contract work for Big Tobacco - has rubber-stamped ecologically hazardous projects in the Caspian Sea-area, Peru, Delaware and now the Keystone XL.

Given this shady track record, it's unsurprising it also said the pipeline's northern half - if built - would have negligible climate change impacts. 

Thu, 2013-08-15 08:25Steve Horn
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Keystone XL Influence Peddling Web Extends into PA Governor's Race Via Katie McGinty

Pennsylvania Democratic Party gubernatorial candidate and former head of the PA Department of Environmental Protection, Kathleen “Katie” McGinty, has hired powerful PR firm SKDKnickerbocker for her campaign's communications efforts.

SKDKnickerbocker - once known as Squier Knapp Dunn - is co-owned by President Barack Obama's former Communications Director Anita Dunn and a member of Obama's national media team for his 2008 run for President, Bill Knapp. Both Dunn and Knapp previously did PR for U.S. Secretary of State John Kerry's 2004 run for President, as well.

One of SKDKnickerbocker's key clients is TransCanada, owner of the Keystone XL tar sands export pipeline.

Another key SKDKnickerbocker client: Association of American Railroads, that industry's version of the American Petroleum Institute. Rail is an increasingly viable alternative to pipelines for bringing tar sands - and fracked oil - to market. 

Both McGinty and Dunn also have key marital connections with skin in the game for the looming decision over the prospective northern half of Keystone XL: Karl Hausker and Robert “Bob” Bauer, respectively. 

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