The Koch Brothers Are Now Funding The Bundy Land Seizure Agenda

— by Jenny Roland & Matt Lee-Ashley, Guest Contributors at ThinkProgress

Photo Credit: AP Photo / Rick Bowmer

The political network of the conservative billionaires Charles and David Koch has signaled that it is expanding its financial and organizational support for a coalition of anti-government activists and militants who are working to seize and sell America’s national forests, monuments, and other public lands.

The disclosure, made through emails sent by the American Lands Council and Koch-backed group Federalism in Action to their members, comes as the 40-day armed takeover of the Malheur National Wildlife Refuge in Oregon is winding to an end.

The occupation came to a head, with the FBI moving in on the four remaining militants at the refuge and arresting scofflaw rancher Cliven Bundy at the Portland airport under charges of conspiracy to impede federal officers. Occupation leaders Ammon and Ryan Bundy were previously arrested under the same charge on January 26. The Bundys and their group of militants want the federal government to cede national public lands to state and private control.

Though ClimateProgress has previously uncovered and reported on the dark money that the Kochs have provided for political efforts to seize and sell public lands, recent organizational changes reveal that the Koch network is providing direct support to the ringleader of the land grab movement, Utah state representative Ken Ivory, and has forged an alliance with groups and individuals who have militia ties and share extreme anti-government ideologies.

The expanded window into the Koch network’s support for the land transfer movement opened on February 3, 2016, when the American Lands Council (ALC) (a group whose goal is to pass state-level legislation demanding that the federal government turn over publicly owned national forests and other public lands) announced that Ivory would be stepping down as its president to join a South Carolina-based group called Federalism in Action (FIA).

At ALC, Ivory had risen to be the most prominent and active voice in the land seizure movement, but his tenure as president was plagued by evidence that the group violated state lobbying laws, was tied to the Koch-backed American Legislative Exchange Council (ALEC), and used taxpayer money to fund their campaigns to seize public lands.

Though he will continue to serve as an unpaid member of the American Lands Council executive committee, Ivory is joining the FIA’s “Free the Lands” project, a joint initiative between Federalism in Action and The American Lands Council Foundation.

This new “Free the Lands” project sits at the confluence of Koch funding, anti-government ideology, and land seizure activists and militants. The graphic below illustrates this web of funding, resources, and staff.

dylanbundy
Credit: Dylan Petrohilos

Federalism in Action was launched a few years ago by two groups: State Policy Network and State Budget Solutions (SBS). Because FIA is a new organization, its funding sources are not yet public. However, according to IRS filings, State Budget Solutions received money through the Donors Capital Fund, an organization known for cloaking the sources of funding which it distributes, and is sometimes referred to as a Koch “ATM”. The SBS leadership recently joined ALEC and Ken Ivory is listed as one of SBS’s senior policy fellows. The group “works to make its vision … a reality … through the project Federalism In Action.”

Federalism in Action is also a member of the State Policy Network, which is the Koch-fundednetwork of more than 50 right-wing think tanks in states across the country.

Also supporting the Free the Lands Project: the American Lands Council Foundation, the tax-exempt non-profit arm of the American Lands Council. Upon announcing the departure of Ken Ivory from ALC’s presidency, the group named Montana State Senator Jennifer Fielder as its CEO. Fielder is Montana’s leading figure in the land seizure movement and has proposed legislation that would require the federal government to cede ownership of all national forests and public lands in Montana to the state. The bill was unpopular and and swiftly vetoed by Montana Governor Steve Bullock.

Fielder’s selection as ALC’s CEO suggests that the group is tightening its ties with the violent anti-government elements of the land seizure movement that is represented by Cliven Bundy and his sons. Fielder’s land seizure efforts and campaign for Montana State Senate, for example, werevocally supported by a Militia of Montana organization that is run by white supremacist John Trochmann. In a recent blog post Fielder also expressed her support for the Bundys and the Oregon militants by referring to them fondly as “cowboys” and “protesters” performing “an act of civil disobedience” and bringing “new light to the widespread problems of a distant federal bureaucracy in control of local land management decisions.”

It remains to be seen whether the Koch network will be able to lift the failing efforts of the Bundys, Ken Ivory, and Jennifer Fielder to seize and sell public lands. If nothing else, expanded Koch backing may help the land seizure movement attract the endorsement of more national politicians who are competing for the Koch brothers’ endorsement and contributions. Last week, for example, Texas Senator Ted Cruz promised to be “vigorously committed to transferring as much federal land as humanly possible back to the states”.

Still, the Bundy brothers and their political allies face long odds in their quest. Proposals to transfer national public lands to state control have been shown to be unconstitutional, costly to states, and deeply unpopular with western voters. And while a wholesale privatization of public lands may benefit the Koch brothers and other oil, gas, and coal interests, new research shows that protecting national public lands has actually resulted in big economic gains for many rural economies.


Jenny Rowland is the Research and Advocacy Associate for the Public Lands Project at Center for American Progress. Follow her on Twitter @jennyhrowland. Matt Lee-Ashley is a Senior Fellow with the Public Lands Project at the Center for American Progress. Follow him on Twitter @MLeeAshley.

This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe. ‘Like’ CAP Action on Facebook and ‘follow’ us on Twitter

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How Politicians Are Using Taxpayer Money To Fund Their Campaign and To Sell Off America’s Public Lands

— by Matt Lee-Ashley, Guest Contributor at ThinkProgress-Climate

west land
CREDIT: AP PHOTO/REED SAXON

The recent Cliven Bundy debacle in Nevada put a national spotlight on the long-running, and long-failing, effort by right-wing Western legislators to seize federal public lands and either turn them over to the states or sell them to the highest bidder.

While the renewal of this so-called “Sagebrush Rebellion” has thus far been carried out with limited resources by part-time legislators like State Rep. Ken Ivory (R-UT), new research shows that its leaders are now using taxpayer money from at least 42 counties in nine Western states to advance an aggressive and coordinated campaign to seize America’s public lands and national forests for drilling, mining, and logging.

According to a ThinkProgress analysis, the American Lands Council (ALC) — an organization created to help states to claim ownership of federal lands — has collected contributions of taxpayer money from government officials in 18 counties in Utah, 10 counties in Nevada, four counties in Washington, three counties in Arizona, two counties in Oregon, two counties in New Mexico, and one county in Colorado, Idaho, and Wyoming. In total, county-level elected officials have already paid the ALC more than $200,000 in taxpayer money. A list of these counties and their “membership levels” can be seen on the ALC website.

Since its inception in 2012, the ALC has been working with the American Legislative Exchange Council (ALEC), a conservative front group backed by the oil and gas industry and billionaire brothers Charles and David Koch, to pass state-level legislation demanding that the federal government turn over federally owned national forests and public lands to Western states. So far, Utah is the only state to have signed a law calling for the seizure of federal lands, but Nevada, Idaho, Wyoming, and Montana have passed bills to study the idea and further action is expected in statehouses during 2015 legislative sessions.

Legal experts report that Utah’s law, and similar bills being advanced by ALC and ALEC are in clear violation of Article IV of the Constitution, are in conflict with the laws that established Western states, and would be overturned if ever tested in federal court.

As the American Lands Council has grown in influence and resources, its activities have received new scrutiny. ALC President Ken Ivory, for example, reportedly earned more than $40,000 from the organization in 2012 (his salary for 2013 has not yet been disclosed). According to the Salt Lake Tribune, Ivory’s wife, Becky, also receives payments from the ALC.

A recent fundraising email obtained by ThinkProgress also shows that at least one ALC member, Washington County, Utah Commissioner Alan Gardner, is using his government title and government email account to raise money for ALC’s lobbying efforts and training of political candidates.

The fundraising solicitation that was sent from Gardner’s official government email address on June 13 asks county governments to contribute $1,000 to become a “Bronze” member, $5,000 to become a “Silver” member, or $25,000 to become a “Gold” member of the ALC.  Gardner confirmed to ThinkProgress that he was the author of the email.

The fundraising solicitation says that up to $100,000 will be spent by ALC on a “Campaign Project” aimed at equipping candidates for federal, state, and county office with “materials and resources to build broad based Knowledge and Courage to compel Congress to honor its promise to us and our children to transfer title to the public lands….” Gardner’s email also reports that the funds will be used for lobbyists, a legal team, polling, and engaging the Federalist Society and the Heritage Foundation.

ALC’s use of county funds adds to the growing cost to taxpayers of the right-wing land seizure movement. The state of Utah, for example, has already spent more than $500,000 to study a takeover of federal land and has set aside an additional $3 million for legal fees to fight the federal government in court. In Idaho, when the Attorney General’s office questioned the legality of seizing federal lands, legislators in the state spent more than$20,000 on private counsel. In Nevada, a federal land seizure study cost taxpayers more than $66,000, while a special task force to study the issue in Wyoming cost taxpayers$30,000.

In addition to using taxpayer funds to advance unconstitutional bills to seize federal lands, the ALC also relies on financial support from the mining industry and fossil fuel interest groups. Americans for Prosperity, for example — another group financed by the Koch brothers — is listed as a “Bronze Member” of ALC. Mesa Exploration, a mining company whose recent proposal to build a potash mine in an area that the Donner Party crossed in 1846 was recently nixed by federal land managers, is also listed as a “Bronze Member” on ALC’s website.

Matt Lee-Ashley is a senior fellow and director of the Public Lands Project at the Center for American Progress. You can follow him on Twitter at @MLeeAshley.


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.

Oklahoma Will Charge Customers Who Install Their Own Solar Panels

The American Legislative Exchange Council (Alec) is promoting legislation with goals ranging from penalizing individual homeowners and weakening state clean energy regulations, to blocking the Environmental Protection Agency from fulfilling its currently legislated functions.  ALEC sponsored at least 77 energy bills in 34 states last year.  Those measures were aimed at opposing renewable energy standards, pushing through the Keystone XL pipeline project, and barring any oversight of fracking (hydraulic fracturing).  One such “ALEC” bill has recently come to fruition in Oklahoma, where they’ll now be charging homeowners who have Solar Panels or Wind Turbine generators to use the grid when they have excess generation.  (Those who don’t generate, will NOT be charged grid usage fees, just those who do generate … will.)  In other words, homeowners in Oklahoma with solar panels have to pay the Utilities to let their solar generation support the Utility’s peaking needs.  

I have a solar panel array on my rooftop.  Sometimes I manage to generate more than I use, but that doesn’t happen 24 hours a day.  Nevada Energy utilizes my less expensive generation to help supply its generation needs.  Thus, it’s a symbiotic relationship.  Why should I have to pay to provide them with generation they’ll turn around and sell for more than it cost me to generate it?  

If Nevada is so stupid as to pass the same ill-advised legislation, I’ll invest in batteries and go completely off the grid!  Nevada Energy will just have to figure out where it’s going to get the money to build more expensive generation capabilities to meet its customer’s peaking needs when enough of us have had enough and start dropping off the grid altogether. — Vickie Rock, editor

_____________

— by Kiley Kroh 

solar

CREDIT: SHUTTERSTOCK

Oklahoma residents who produce their own energy through solar panels or small wind turbines on their property will now be charged an additional fee, the result of a new bill passed by the state legislature and expected to be signed into law by Gov. Mary Fallin (R-OK).

On Monday, S.B. 1456 passed the state House 83-5 after no debate. The measure creates a new class of customers: those who install distributed power generation systems like solar panels or small wind turbines on their property and sell the excess energy back to the grid. While those with systems already installed won’t be affected, the new class of customers will now be charged a monthly fee — a shift that happened quickly and caught many in the state off guard.

“We knew nothing about it and all of a sudden it’s attached to some other bill,” Ctaci Gary, owner of Sun City Oklahoma, told ThinkProgress. “It just appeared out of nowhere.”

Because the surcharge amount has not been determined, Gary is cautious about predicting the impact it will have on her business. She has already received multiple calls from people asking questions about the bill and wanting to have solar systems installed before the new fee takes effect. “We’re going to use it as a marketing tool,” Gary said. “People deserve to have an opportunity [to install their own solar panels] and not be charged.”

“It is unfortunate that some utilities that enthusiastically support wind power for their own use are promoting a regressive policy that will make it harder for their customers to use wind power on their own,” said Mike Bergey, president & CEO of Bergey Windpower in Norman, Oklahoma, in a statement. “Oklahoma offers tax credits for large wind turbines which are built elsewhere, but wants to penalize small wind which we manufacture here in the state? That makes no sense to me.”

The bill was staunchly opposed by renewable energy advocates, environmental groups and the conservative group TUSK, but had the support of Oklahoma’s major utilities. “Representatives of Oklahoma Gas and Electric Co. and Public Service Co. of Oklahoma said the surcharge is needed to recover some of the infrastructure costs to send excess electricity safely from distributed generation back to the grid,” the Oklahoman reported.

“We’re not anti-solar or anti-wind or trying to slow this down, we’re just trying to keep it fair,” Oklahoma Gas and Electric Co. spokeswoman Kathleen O’Shea told the Oklahoman. “We’ve been studying this trend. We know it’s coming, and we want to get ahead of it.”

But distributed energy sources also provide a clear value to utility companies. Solar generates during peak hours, when a utility has to provide electricity to more people than at other times during the day and energy costs are at their highest. Solar panels actually feed excess energy back to the grid, helping to alleviate the pressure during peak demand. In addition, because less electricity is being transmitted to customers through transmission lines, it saves utilities on the wear and tear to the lines and cost of replacing them with new ones.

As the use of solar power skyrockets across the U.S., fights have sprung up in several states over how much customers should be compensated for excess power produced by their solar panels and sold back to the grid — a policy known as net metering. Net metering laws have come under fire from the secretive American Legislative Exchange Council (ALEC), a group backed by fossil fuel corporations, utility companies, and the ultra-conservative Koch brothers. Forty-three states and the District of Columbia currently have net metering policies in place and ALEC has set its sights on repealing them,referring to homeowners with their own solar panels as “freeriders on the system.” ALEC presented Gov. Fallin the Thomas Jefferson Freedom award last year for her “record of advancing the fundamental Jeffersonian principles of free markets, limited government, federalism and individual liberty as a nationally recognized leader.”

Oklahoma “could be the first complete defeat for solar advocates in their fight against utility efforts to recover costs lost to DG [distributed generation] use,”writes Utility Dive. Net metering survived attacks in Colorado  and Kansas  and Vermont recently increased its policy in a bipartisan effort. Last year, Arizona added what amounts to a $5 per month surcharge for solar customers, a move that was widely seen as a compromise, particularly after ALEC and other Koch-backed groups got involved.

While any extra charge placed on potential customers is a concern, Gary hopes that like Arizona, Oklahoma’s fee is modest enough to protect her business from serious damage.

Matt Kasper, energy research assistant at the Center for American Progress, contributed to this piece.


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.

ALEC and ExxonMobil Push Loopholes in Fracking Chemical Disclosure Rules

— By Cora Currier, ProPublica | News Analysis

One of the key controversies about fracking is the chemical makeup of the fluid that is pumped deep into the ground to break apart rock and release natural gas. Some companies have been reluctant to disclose what’s in their fracking fluid. Scientists and environmental advocates argue that, without knowing its precise composition, they can’t thoroughly investigate complaints of contamination.

Disclosure requirements vary considerably from state to state, as ProPublica recently charted. In many cases, the rules have been limited by a “trade secrets” provision under which companies can claim that a proprietary chemical doesn’t have to be disclosed to regulators or the public.

One apparent proponent of the trade secrets caveat? The American Legislative Exchange Council, better known as ALEC, a nonprofit group that brings together politicians and corporationsto draft and promote conservative, business-friendly legislation. ALEC has been in the spotlight recently because of its support of controversial laws like Florida’s “Stand Your Ground” provision.

This weekend, as part of a story on ALEC’s political activity, The New York Times noted that the group recently adopted “model legislation” on fracking chemical disclosure, based on a bill passed in Texas last year. According to The Times, the model bill was “sponsored within ALEC” by ExxonMobil, which runs a major oil and gas operation through its subsidiary, XTO Energy. The advocacy group Common Cause, which provided the documents on ALEC’s lobbying efforts to The Times, describes model legislation, in many cases identifying by name the company that proposed it to ALEC’s task forces.

ALEC has recently removed its list of model bills from its main website, and did not respond to requests for comment. A spokesman for XTO Energy confirmed that the company is a member of ALEC, but he did not provide details on the company’s involvement with the disclosure bill.

The spokesman said ExxonMobil supports “full disclosure of the ingredients and additives in hydraulic fracturing fluids,” but added that when vendors request it, ExxonMobil has “respected the trade secret status of their products.” Last year, the company began voluntarily uploading chemical disclosures to FracFocus, a clearinghouse website run by the Groundwater Protection Council and the Interstate Oil and Gas Compact Commission.

In a recent blog post, ALEC claimed that legislators in Pennsylvania, Illinois, Indiana, New York and Ohio have introduced versions of its model bill, but many of those states vary in the level of disclosure required and how they handle the trade secrets provision. Laws in 11 states require at least partial disclosure, and the Bureau of Land Management recently drafted disclosure guidelines for drilling on federal land.

These laws have been relatively well-received by environmental advocates, though the trade secrets issue remains a concern for some. In Ohio, for example, proprietary chemicals don’t have to be disclosed to regulators or the public. In Pennsylvania, they are disclosed to regulators, and the public can request information on them from the state Department of Environmental Protection on a case-by-case basis.

The Texas law, which ALEC cites in the post as its template, codifies the trade secrets exemption, and who can challenge it:

Otherwise, Texas’ law requires that companies post disclosure forms for each completed well on the FracFocus site. They must disclose all chemicals but only report the concentrations of those that are hazardous. The law also requires that the companies give the total volume of water used in fracking.

The Environmental Protection Agency cannot regulate fracking in order to protect groundwater, because in 2005 Congress exempted fracking from the Safe Drinking Water Act, which controls how industries inject substances underground.

According to ALEC’s blog, the model disclosure legislation is designed to promote “responsible resource production” and “aims to preempt the promulgation of duplicative, burdensome federal regulations” from the EPA, in particular. ALEC has consistently opposed any federal control over fracking. In 2009, the group adopted a “Resolution to Retain State Authority Over Hydraulic Fracturing.”

This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.

Under the Reading Lamp — 4/18/2012

Tech Untaxed Report

Tax avoidance by wealthy high-tech firms is on the rise, a new report from The Greenlining Institute finds. Cash held overseas by tech firms rose 21% from 2010 to 2011. Apple’s 2011 tax rate of 9.8% was lower than that of American households making an average of $42,500 per year.

 

Don’t Just Pressure ALEC’s Corporate Sponsors, Name and Shame ALEC Legislators

John Nichols | The Nation: Pressured by a coalition of civil rights, clean government and religious groups to quit their memberships in the American Legislative Exchange Council, multinational corporations are indeed exiting ALEC. Now, it’s time to demand that the 2,000 legislators who have joined ALEC do the same.

Female Veterans Say Military Kicked Them Out And Classified Them As ‘Crazy’ After Reporting Sexual Assault

The U.S. military seems to be trying to deal with its troubling pattern of sexual assault cases after a story that ran this weekend on CNN detailing cases of women in each branch of the military who were diagnosed with a mental disorder and dismissed from the military after filing a sexual assault or sexual harassment complaint.