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The Most Dangerous 'Model' Laws Written by ALEC

Climate
The Most Dangerous 'Model' Laws Written by ALEC

Greenpeace

By Cassady Sharp

The same law that contributed to George Zimmerman walking free out of a Florida courtroom last weekend after taking the life of 17-year-old Trayvon Martin was primarily written by the same super lobbying group behind legislation protecting natural gas companies from disclosing chemicals used in fracking.

The American Legislative Exchange Council, or ALEC, is a unique kind of lobbying front group responsible for pushing legislation designed to enhance the bottom line of their corporate funders. Corporations like Koch Industries, ExxonMobil and Duke Energy, along with industry trade associations and large corporate foundations provide more than 98 percent of ALEC’s funding, whose members, which includes elected officials and corporations, write and pass laws that will benefit those corporations.

Via the laws ALEC pushes through state legislatures, the lobbying group impacts Americans nationwide from voting right laws to environmental regulations (or lack thereof) to guns like Stand Your Ground. We’ve collected the most significant ALEC laws that could be coming to a state legislature near you, if they aren’t there already.

7. Electricity Freedom Act 

This act prevents states from requiring their energy companies to increase electricity production from renewable energy sources, killing a key government incentives for clean energy projects. ALEC falsely claims that any renewable energy mandate sacrifices economic growth and American competitiveness, a dead horse they have continued to beat for decades.

Because of the economic benefits of renewable energy standards in states like North Carolina and Kansas and in spite of support from ALEC’s other Koch-funded friends in the State Policy Network, ALEC’s most heated attacks on Renewable Portfolio Standards (RPS) were shot down by Democrats and Republicans alike. Quieter ALEC-supported attempts to repeal or weaken RPS laws also failed in Ohio, Minnesota, West Virginia, Wisconsin, Missouri, Pennsylvania, Connecticut, Maine and Oregon—not a good start for ALEC’s top energy-related priority this year.

Greenpeace has initiated an action to demand that the nation’s largest utility company, Duke Energy, cut ties between ALEC, a relationship that is polluting Americans and democracy.

6. Resolution in Support of the Keystone XL Pipeline

ALEC is trying to use state resolutions to add pressure to the federal government to approve TransCanada’s Keystone XL tar sands pipeline. In fact, ALEC took its member legislators on a Big Oil-funded trip to Alberta, Canada, to promote tar sands, courtesy of lobbyists from TransCanada, Shell, Devon Energy and other oil and gas interests. ALEC’s conferences have featured seminars on the controversial pipeline, featuring speakers from oil companies and the Canadian government alike. The Center for Media and Democracy, which runs ALECexposed.org, has filed an ethics complaint in Nebraska for a legislator’s failure to disclose the trip and its sponsors. Keep in mind that ALEC is a tax-exempt organization, and their lobbying doesn’t count as lobbying to the IRS.

While ALEC has its own model resolution, its state legislator members introduced resolutions straight out of a TransCanada press release, coordinating across state borders to get an apparent jump in support for Keystone XL in Missouri, Michigan, Minnesota and Mississippi all at once.

5. Voter ID Act

These laws prohibit about 11 percent of citizens from voting by requiring a government-issued ID to vote at the polls.

This 11 percent overwhelmingly consists of elderly people, low-income and minority voters and students. Thirty-three states now have voter id laws and four states now have strict photo id requirements in effect. With the Supreme Court’s recent gutting of the Voting Rights Act, we can expect this number to increase with ALEC's full support.

4. Arizona’s SB 1070 Immigration Law: “No Sanctuary for Illegal Immigrants Act” 

In short, this bill was ALEC’s way of making private prison companies rich by rounding up brown people without documentation and tossing them in jail. Although most of this law was struck down in Arizona, the “papers please” provision survives requiring law enforcement to check a person’s status if they are stopped, detained or arrested. State legislators and prison and bail industry lobbyists met at an ALEC meeting to write the law which originally stated that law enforcement had to check a person’s status only after “contact.” The Arizona legislature changed narrowed the law to the current language.

3. Disclosure of Hydraulic Fracturing Fluid Composition Act

The title of this bill is a lie–ALEC’s flagship fracking bill prevents oil and gas companies from having to disclose the chemicals in frack fluids that qualify as “trade secrets.” Who took the idea to ALEC? ExxonMobil. Bloomberg reports that the ALEC bill has been introduced in at least eight states, although there appear to be more. Exxon’s bill became Ohio law with ALEC’s help, and a particularly controversial fracking law sponsorship by ALEC legislators passed in North Carolina last year without anyone reporting ALEC’s fingerprints. DeSmogBlog has documented attempts in Florida, Illinois and several other states.

ALEC previously drafted a state resolution that puts the regulating authority into the hands of state agencies, which are woefully understaffed, underfunded and ineffective at regulating the powerful gas and oil industry, creating a one-two punch that leaves fracked communities in the dark on chemical disclosure and at the mercy of insufficient and often captured regulatory agencies for protection from fracking pollution.

2. Intrastate Coal and Use Act

This act serves to prevent the U.S. Environmental Protection Agency (EPA) from regulating the coal industry. Specifically, the act prevents the EPA from overruling state permits for coal mining and producing dirty coal products (like liquid coal for fuel) if all the coal operations are conducted within the borders of a single state. This act relies on the “Commerce Clause” claiming that the federal government can only regulate commerce that goes beyond state lines, flying in the face of settled Supreme Court interpretation of the “dormant” Commerce Clause. The first version of this bill was passed in West Virginia in 2011, a state with 273 operating coal mines as of 2011.

1. Stand Your Ground

Considering the recent national tragedy of the Trayvon Martin ruling and the violence “Stand Your Ground” releases, this law should be repealed immediately in the states it’s active. In strong conjunction with the National Rifle Association (NRA), ALEC has managed to push versions of this law in over two dozen states. It allows any killer to claim immunity if they felt a reasonable fear of bodily harm. The Florida version of this law passed in 2005 and was written by a NRA lobbyist.

ALEC is behind loads of more dangerous laws or proposed resolutions that must be exposed, blocked or repealed if active. Please let us know other significant ones we missed in the comments below. 

Visit EcoWatch’s ENERGY page for more related news on this topic.

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In early October, Britain's Prince William teamed up with conservationist David Attenborough to launch the Earthshot Prize, a new award for environmentalist innovation. The Earthshot brands itself the "most prestigious global environment prize in history."

The world-famous wildlife broadcaster and his royal sidekick appear to have played an active role in the prize's inception, and media coverage has focused largely on them as the faces of the campaign.

But the pair are only the frontmen of a much larger movement which has been in development for several years. In addition to a panel of experts who will decide on the winners, the prize's formation took advice from the World Wildlife Fund, Greenpeace and the Jack Ma Foundation.

With more and more global attention on the climate crisis, celebrity endorsement of environmental causes has become more common. But why do environmental causes recruit famous faces for their campaigns? And what difference can it make?

'Count Me In'

"We need celebrities to reach those people who we cannot reach ourselves," says Sarah Marchildon from the United Nations Climate Change secretariat (UNFCCC) in Bonn, Germany.

Marchildon is a proponent of the use of celebrities to raise awareness of environmental causes. In addition to promoting a selection of climate ambassadors who represent the UN on sustainability issues, Marchildon's team has produced videos with well-known narrators from the entertainment world: among them, Morgan Freeman and Mark Ruffalo.

"We choose celebrities who have a lifestyle where they are already talking about these issues," Marchildon explains.

"Sometimes they reach out to us themselves, as David Attenborough did recently. And then they can promote the videos on their own social channels which reach more people than we do — for example, if they have 20 million followers and we have 750,000."

Environmental groups focused on their own domestic markets are also taking this approach. One Germany-based organization that uses celebrities in campaigns is the German Zero NGO. Set up in 2019, it advocates for a climate-neutral Germany by 2035.

German Zero produced a video in March 2020 introducing the campaign with "66 celebrities" that supported the campaign, among them Deutschland 83 actor Jonas Nay and former professional footballer Andre Schürrle. They solicit support as well as financial contributions from viewers.

"Count me in," they say, pointing toward the camera. "You too?"

"We are incredibly grateful for the VIPs in our videos," says German Zero spokeswoman Eva-Maria McCormack.

Assessing Success Is Complex

But quantifying the effectiveness of celebrity endorsement of campaigns is not a straightforward process.

"In order to measure effectiveness, first of all you need to define what is meant by success," says Alegria Olmedo, a researcher at the Zoology Department at the University of Oxford.

Olmedo is the author of a study looking at a range of campaigns concerning pangolin consumption, fronted by local and Western celebrities, in Vietnam and China. But she says her biggest stumbling block was knowing how to measure a campaign's success.

"You need a clear theory of change," explains Olmedo. "Have the celebrities actually helped in achieving the campaign's goals? And how do you quantify these goals? Maybe it is increased donations or higher engagement with a cause."

A popular campaign in China in recent years saw famous chefs Zhao Danian and Shu Yi pledge to abstain from cooking endangered wildlife. While the pledge achieved widespread recognition, both Olmedo and Marchildon say it's difficult to know whether it made any difference to people's actions.

"In life we see a thousand messages every day, and it is very hard to pinpoint whether one campaign has actually made a difference in people's behavior," she explains.

Awareness Is Not Enough

Many campaigns that feature celebrities focus on raising awareness rather than on concrete action — which, for researcher Olmedo, raises a further problem in identifying effectiveness.

"Reach should never be a success outcome," she says. "Many campaigns say they reached a certain number of people on social media. But there has been a lot of research that shows that simply giving people information does not mean they are actually going to remember it or act upon it."

But anecdotal evidence from campaigns may suggest reach can make an active difference.

"Our VIP video is by far the most watched on our social media channels," McCormack from German Zero says. "People respond to it very directly. A lot of volunteers of all ages heard about us through that video."

However, some marketing studies have shown that celebrity endorsement of a cause or product can distract from the issue itself, as people only remember the person, not the content of what they were saying.

Choosing the Right Celebrity

Celebrity choice is also very important. Campaigns that use famous faces are often aiming to appeal to members of the public who do not necessarily follow green issues.

For certain campaigns with clear target audiences, choosing a climate scientist or well-known environmentalist rather than a celebrity could be more appealing — Attenborough is a classic example. For others, images and videos involving cute animals may be more likely to get a message heard than attaching a famous face.

"We choose celebrities who have a lifestyle where they are already talking about these issues," says Marchildon from the UN. "You need figures with credibility."

McCormack cites the example of Katharine Hayhoe, an environmental scientist who is also an evangelical Christian. In the southern United States, Hayhoe has become a celebrity in her own right, appealing to an audience that might not normally be interested in the messages of climate scientists.

But as soon as you get a celebrity involved, campaigns also put themselves at risk of the whims of that celebrity. Prince William and younger members of the royal family have come under fire in recent years for alleged hypocrisy for their backing of environmental campaigns while simultaneously using private jets to fly around the world.

But Does It Really Work?

While environmental campaigns hope that endorsement from well-known figures can boost a campaign, there is little research to back this up.

"The biggest finding [from my study] was that we were unable to produce any evidence that shows that celebrity endorsement of environmental causes makes any difference," says Olmedo.

This will come as a blow to many campaigns that have invested time and effort into relationships with celebrity ambassadors. But for many, the personal message that many celebrities offer in videos like that produced by German Zero and campaigns like the Earthshot Prize are what counts.

The research may not prove this conclusively — but if the public believes a person they respect deeply personally cares about an important issue, they are perhaps more likely to care too.

"I personally believe in the power this can have," says Marchildon. "And if having a celebrity involved can get a single 16-year-old future leader thinking about environmentalist issues — that is enough."

Reposted with permission from DW.

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