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Is ALEC Behind State Lawsuits Against EPA & The Clean Water Act?

July 13, 2015 By Kate Lanier 6 Comments

On June 29th, thirteen states—Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming—filed a lawsuit in the 8th US Circuit Court of Appeals in Missouri, challenging certain aspects of new regulations under the Clean Water Act as issued by the Environmental Protection Agency. No sooner was that lawsuit underway than nine other states—Alabama, Florida, Georgia, Kansas, Kentucky, South Carolina, Utah, West Virginia and Wisconsin—filed a similar lawsuit against the regulations in the US District Court for the Southern District of Georgia. Ohio and Michigan promptly filed a their lawsuit against the new regulations in US District Court for the Southern District of Ohio. And now Louisiana, Mississippi and Texas have filed their suit, the fourth in this series, in Houston.

Twenty-seven states in all—even more than the current number of Republican candidates for president. If states’ rights are involved in something, chances are so is ALEC (the American Legislative Exchange Council), which, following the ALEC paradigm, focuses squarely on the states. Thus, it’s interesting to compare what’s being reported about the states’ claims in the 13-state lawsuit to what’s in ALEC’s “Resolution Regarding Clean Water Act Regulations of EPA Definition of ‘Waters of the U.S.’” which was issued October 11, 2014.

Filed Under: Environment, Health & Lifestyle, National News Tagged With: ALEC, American Legislative Exchange Council, Clean Water Act, Climate change, water

Mining The Earth & Fracking The World: That Dirty F-Word

February 4, 2015 By Kate Lanier 1 Comment

Every week, Kate Lanier assembles the most important global energy and climate news. This week includes:

England: No shale gas fracking for two-fifths of England? Seems likely.

Bolivia: President Evo Morales “renationalized Bolivia’s oil and gas industries” and invested in the public sector. Poverty is down by 25% (extreme poverty by 43%), and the rich-poor gap “has been hugely narrowed.” Morales’ third inauguration was held in Tiwanaku, a pre-colonial city, with full participation by indigenous people. Don’t miss the portrait of 18th century rebel Bartolina Sisa, made from “local potatoes, carrots, corn and other vegetables” — and don’t miss the story of Bartolina Sisa.

Oklahoma: Daily earthquakes have people so rattled they’re discussing public protection vs private profit. Scientists point to “the deep wastewater disposal wells … [but] officials have been reluctant to crack down on an industry that accounts for a third of the economy and one in five jobs.” A case pending before the OK Supreme Court could have potential big impact.

Filed Under: Environment, Foreign Affairs, National News Tagged With: agriculture, Alberta Tar Sands, Amazon, Amazon River, anti-nuclear, Apache, Arizona, Australia, Bolivia, BP, Bridger Pipeline, Britain, british petroleum, California, Canada, Clean Water Act, Climate change, coal, Copper, Eagle Ford Shale, Ecuador, energy, England, Environmental Protection Agency, EPA, Evo Morales, Exelon, fracking, gas, Georgia, GMO Food, GMOs, Greenpeace, Gulf of Mexico, hydraulic fracturing, Illinois, India, indigenous, John Thune, Kichwa, Koch Brothers, labor, London, Maria Cantwell, Mexico, mining, Mitch McConnell, Montana, NASA, Native Americans, Navajo, North Dakota, Oak Flat, oil, oil prices, oil trains, Oklahoma, Pennsylvania, Peru, Peter DeFazios, Pipeline and Hazardous Materials Safety Administration, pipelines, renewable energy, solar, steel, Tar sands, tarsands, Ted Cruz, Texas, unions, United Kingdom, United Steelworkers, uranium, US Dept of Transportation, Utah, West Virginia, wind

Bush Family And Its Inner Circle Play Central Role In Lawsuits Against Denton Fracking Ban

November 12, 2014 By Steve Horn 2 Comments

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.

Filed Under: Elections, Environment, National News Tagged With: Alberto R. Gonzales, American Lawyer, Antonin Scalia, Arbella Exploration, Baker Botts, Baker Botts Amicus Fund, Barnett Shale, Britton Hill Holdings, Clean Water Act, David Porter, Denton, Earthworks, election 2014, Energy Policy Act of 2005, Evan Young, Food and Water Watch, fracked gas, Fracked Oil, fracking, George H.W. Bush, George Mitchell, George P. Bush, George W. Bush, GreenWire, Houston, Hunt Oil, hydraulic fracturing, Interstate Oil and Gas Compact Commission, Iraq, Iraqi Constitution, Jeb Bush, Jerry Patterson, Kurdish Regional Government, Michael B. Mukasey, Midland, Mitch Jones, Mitchell Energy, National Environmental Policy Act, Ray Hunt, Rick Perry, Robert L. Looney, Ronald Reagan, Safe Drinking Water Act, SCOTUS, Sharon Wilson, St. Augustine Capital Partners, Supreme Court, Supreme Court of The United States, Texas, Texas Constitution, Texas General Land Office, Texas Oil and Gas Association, Texas Oil and Gas PAC, Texas Railroad Commission, Thomas Phillips, TXOGA, United Kalyvryta

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