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

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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.

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

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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.

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

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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.

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