Laurence Tribe, constitutional law professor at Harvard Law School and of-counsel at the firm Massey & Gail LLP, recently testified in front of the U.S. House Committee on Energy and Commerce against the proposed...read more
The Real Train Wreck: ALEC and "Other ALECs" Attack EPA Regulations
The Real Train Wreck: ALEC and "Other ALECs" Attack EPA Regulations
When business-friendly bills and resolutions spread like wildfire in statehouses nationwide calling for something as far-fetched as a halt to EPA regulations on greenhouse gas emissions, ALEC is always a safe bet for a good place to look for their origin.
In the midst of hosting its 39th Annual Meeting this week in Salt Lake City, Utah, the American Legislative Exchange Council (ALEC) is appropriately described as an ideologically conservative “corporate bill mill” by the Center for Media and Democracy, the overseer of the ALEC Exposed project. 98 percent of ALEC's funding comes from corporations, according to CMD.
ALEC's meetings bring together corporate lobbyists and state legislators to schmooze and then vote on what it calls “model bills.” Lobbyists, as CMD explains, have a “voice and a vote in shaping policy.” In short, they have de facto veto power over whether the prospective bills they present at these conferences become “models” that will be distributed to the offices of politicians in statehouses nationwide.
For a concise version of how ALEC operates, see the brand new video below by Mark Fiore.
ALEC, though, isn't the only group singing this tune.
As it turns out, one of the “Other ALECs,” or a group that operates in a similar manner to ALEC, will be hosting its conference in the immediate aftermath of ALEC's conference: the Council of State Government's (CSG) regional offshoot, the Southern Leadership Conference (SLC).
Like ALEC, CSG produces its own “model bills,” which it calls “Suggested State Legislation” (SSL). SSL is enacted via an “up or down” vote manner at CSG's national meetings. This process mirrors that of its cousin ALEC, with corporate lobbyists also able to vote in closed door meetings.
Some key differences between CSG and ALEC: the former is bipartisan in nature, while the latter is Republican Party-centric; CSG has a far larger budget, due to the fact that 43 percent of its funding comes from taxpayer contributions; and CSG is not explicitly ideological in nature because it was founded as a trade association for state legislators (not as a corporate front group like ALEC, although CSG is now heavily influenced by the same forces).
One of the key threads tying these two particular groups together is their agreement on derailing what they describe as “job-killing” EPA greenhouse gas emissions regulations. ALEC has referred to these sensible standards on multiple occassions as a “Regulatory Trainwreck.”
ALEC, SLC and EPA “Regulatory Trainwreck” Resolutions
ALEC's “Regulatory Trainwreck” Resolution
ALEC has two model bills on the books that call for EPA regulations to be eliminated: the State Regulatory Responsibility Act and the Resolution Opposing EPA’s Regulatory Train Wreck. Essentially clones, the two bills passed nearly a decade apart from one another, the former in 2000, the latter in 2011.
ALEC's description of EPA regulations reads like the apocolypse is looming.
“The U.S. Environmental Protection Agency has begun a war on the American standard of living,” it wrote. “During the past couple of years, the Agency has undertaken the most expansive regulatory assault in history on the production and distribution of affordable and reliable energy…These regulations are causing the shutdown of power plants across the nation, forcing electricity generation off of coal, destroying jobs, raising energy costs, and decreasing reliability.”
The policy summit included a session led by Peter Glaser of Troutman Sanders LLP law firm in which Glaser, an attorney who represents electric utility, mining and other energy industry companies and associations on environmental regulation, specifically in the area of air quality and global climate change, told the crowd that “EPA's regulatory trainwreck” is “a term that's now in common use around town. I think everybody should become familiar with it.” (See the video here.) Along with the presentations, ALEC published a report called “EPA's Regulatory Trainwreck: Strategies for State Legislators” and provided “Legislation to Consider” on its site, RegulatoryTrainwreck.com. For the public, they created the website StopTheTrainwreck.com.
The Resolution calls for the EPA to stop regulating greenhouse gases for the next two years as a “jobs creation” mechanism.
After the midterm election ransacking, in which the GOP won large majorities in state legislatures nationwide, it was off to the races for “Regulatory Train Wreck” resolutions to pass around the country, and pass they did.
The “Regulatory Trainwreck” resolution, according to ALEC, has been introduced in an astounding 34 states, passing in 13, as of a June 2011 press release.
There are 27 groups of state and local officials that opposerecent EPA action, including tens of thousands of state legislators, utility commissioners, agricultural department officials, foresters, drinking water administrators, fish and wildlife agencies, solid waste management officials, state wetland managers, mayors, counties, and cities.
SLC Adopts the “Regulatory Train Wreck” Resolution as its Own
On July 19, 2011, the SLC adopted the ALEC Regulatory Train Wreck resolution at its 65th Annual Meeting in Memphis, TN. The Resolution called for, among other things, to
- “Adopt legislation prohibiting the EPA from further regulating greenhouse gas emissions for the next 24 months, including, if necessary, defunding the EPA greenhouse gas regulatory activity;”
- “Impose a moratorium on the promulgation of any new air quality regulation by the EPA, including, if necessary,the defunding of the EPA air quality regulatory activities, except to address an imminent health or environmental emergency, for a period of at least 24 months;”
In other words, this is a copycat of the ALEC Resolution. SLC, like ALEC, chocks it up to the false dichotomy of regulation vs. jobs, and regulations “killing jobs.” As DeSmogBlog has written, the opposite is actually the case.
The resolution's opening paragraph is a case in point. It reads,
“The U.S. Environmental Protection Agency (EPA) has proposed, or is in the process of proposing, numerous regulations regarding air quality and regulation of greenhouse gases that likely will have major effects on Southern state economies, impacting businesses, manufacturing industries and, in turn, job creation and U.S. competitiveness in world markets.”
Lobbyists representing the Nuclear Energy Institute, the American Coalition for Clean Coal Electricity (ACCCE), Southern States Energy Board (a lobbying tour de force, which has a whole host of dirty energy clients in the oil, gas, and nuclear power sectors), Piedmont Natural Gas, Spectra Energy, and Southern Company were all in attendance to vote on this resolution.
Dirty energy sponsors of the 2011 SLC meeting included the likes of Spectra, General Electric, ACCCE, Chevron, Honeywell, Piedmont Natural Gas, BP, Southern Company, and Atmos Energy, to name several.
If adopted at a federal level, this resolution would, of course, make all of these companies a hefty fortune.
ALEC's Bifurcated Approach: Strip Federal Regs, Attack Local Democracy
Oil, gas, nuclear and utility corporations that fund ALEC and groups like CSG would like nothing more than to see EPA regulations disintegrate into thin air.
Part one of DeSmog's investigation on ALEC's dirty energy agenda showed that, along with pushing for the elimination of EPA regulations, it has also succeeded in promulgating legislation that would eliminate local democracy as we know it, including altering key standards such as zoning rights - a Big Business giveaway of epic proportions.
This would mean only extremely underfunded and understaffed state regulatory agencies like the New York Department of Environmental Conservation would have any oversight on environmental regulatory issues.
If anything is clear, it's this: statehouses have become one of Big Business' favorite domiciles for pushing its “Corporate Playbook.”