Environment, Energy, and Agriculture

ALEC's Efforts to Rewrite Laws about Environment, Energy and Agriculture The bills on this page represent the efforts of ALEC corporations to undermine federal environmental standards, eliminate the ability of local governments to manage land use and zoning, and to give corporate polluters free reign to contaminate air and water. These "model bills" are drafted at American Legislative Exchange Council conventions with input from, and approval by, Big Business, then introduced in state legislatures to change the rules that conserve the environment for all Americans. Politicians are elected to represent the people, not corporations; through ALEC, corporations have both a VOICE and a VOTE on specific state laws. Do you?

READ the "Model Bills" HERE Click here for a zip file of Agriculture bills Click here for a zip file of Energy bills Click here for a zip file of Environment bills For a full list of bills from this section, click here For descriptions of some of these bills, scroll down or click here.

How YOU Can Expose ALEC & Share What You Learn SPREAD THE WORD. Share information about ALEC through Facebook, e-mail and Twitter. Concerned groups and people in every state need this to investigate how ALEC corporations are rewriting laws for their own advantage. And, please join the conversation on Facebook! EXPOSE ALEC LEGISLATORS. Demand the truth about which politicians in your state are in ALEC. Uncover whether YOUR tax dollars are paying ALEC "dues." Expose politicians who accept “scholarships” from ALEC's corporate-funded coffers for fancy trips. EXPOSE ALEC'S ROLE IN YOUR STATE HOUSE. Read these corporate-backed "model bills" NOW and cross-check them with bills in your state legislature. Ask your local media to report on what you have found and write your local newspaper. SHARE YOUR DISCOVERIES. Tell us what you uncovered! Tweet what you learn with the hashtag #ALECexposed, join a discussion on this site or email us a confidential tip via editor AT ALECexposed.org. And, follow our tweets on Twitter!

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Learn MORE about the "Model Bills" ALEC Corporations Are Backing to Rewrite YOUR Rights The Center for Media and Democracy analyzed the bills ALEC politicians and corporations voted for. More analysis is available below and also at ALEC Exposed's sister sites, PRWatch and SourceWatch.

How are corporations undermining environmental conservation in these bills? Energy companies, corporate polluters, Big Agriculture and their politician allies VOTED to change environmental rules by: Eliminating land use and zoning regulations designed to guide new development according to community goals while protecting community resources, replacing it with agreements between private actors. (also here) Undermining environmental regulations by allowing landowners to sue the government for alleged "regulatory takings," through the innocuously named: "Private Property Protection Act" and the "Regulatory Costs Fairness Act" Giving states authority to appropriate national parks and other federal public land, possibly to allow greater oil, gas, and coal exploration, and by applying a very conservative interpretation of Congress’ Constitutional powers. Reversing notions of preemption through: allowing local governments to establish regulatory "ceilings" and demand that more stringent state or federal regulations be watered-down, or giving states authority to invalidate any federal law or directive by applying a narrow interpretation of Congress’ powers, and an expansive understanding of state’s rights Creating new burdens in passing environmental regulations through: Establishing a business-dominated panel to "assess" all environmental regulations, using a framework established by a climate change-denier, the "Copenhagen Consensus" Requiring states pass through multiple layers of process before passing environmental regulations, including approval by two five-person panels predicting the "economic" and "environmental" impacts Opposing uniform rules on hazardous coal combustion waste, in favor of a race-to-the-bottom amongst state rules. Opposing local, state, and federal waste reduction and mandated recycling laws, including regulations on packaging (such as Styrofoam restrictions) in favor of a "voluntary" approach to waste reduction. Permitting dangerous "fracking" exploration for natural gas, a process that has contaminated groundwater across the country (as portrayed in the Oscar-nominated film Gasland), under the guise of "state’s rights" Protecting polluting corporations from civil and criminal liability by making a company’s environmental audit reports "privileged" and inadmissible in legal proceedings (also here). Privatizing public water and sewer systems, a practice that has resulted in higher rates and negative environmental impacts, and prohibiting local governments from requiring contractors meet labor and wage standards. Streamlining siting for nuclear and other power plants by placing siting authority in a central agency Hindering state-level regulation of groundwater contaminants by establishing EPA standards as a ceiling (rather than a floor), giving Department of Agriculture regulatory (and regulatory veto) authority, and adding other burdens. Prohibiting local efforts to oppose bio-engineered and GMO crops in favor of centralized state regulation Protecting factory farms from nuisance liability by giving state agencies authority to define "accepted practices" and deterring individuals from filing complaints. Forbidding local governments from limiting pesticide use in favor of centralized state regulation.

Did You Know about these Bills? Eliminating Democratic Land Use Controls One "model bill" from ALEC corporations would repeal ALL land use planning and zoning for "rural" counties by both county and state governments. Under this bill, property and could be used for any purpose, without regard for "single family," "agricultural," or "industrial" zoning, or environmental land use restrictions. This would prevent a local government from controlling development, from choosing to support small business rather than big-box retailers, from limiting certain businesses (like nude bars) near residences or schools, and from keeping polluting industries out of their community. Without zoning laws, neighbors who were concerned about a particular property would have to bring individual lawsuits to protect their rights against nuisances (such as smells or pollution from factory farms). They would not be able to act democratically to set rules for zoning in their towns. Land use could only be restricted by contracts (but not restricted in perpetuity), requiring that individuals spend their own money to protect community interests, thereby putting community growth in the hands of the wealthy few. Is a local legislator who was elected to represent YOU actually protecting the interests of corporations instead of YOU and YOUR FAMILY? Prohibiting Local Efforts to Ensure Safe Agricultural Practices One "model bill" from ALEC corporations prohibits local city or county governments from limiting pesticide use, requiring that communities adhere to state-level regulations. Another bill places the same restrictions on local efforts to restrict bio-engineered and GMO crops. If these model bills became law, local governments would be prohibited from responding to their community's concerns about pesticide use or the dangers of GMO crops. ALEC allegedly supports "federalism," or state's rights, a theory premised on the idea that more local state government can better represent and respond to local interests than a more centralized federal government. But ALEC apparently does not apply this logic to relations between local and state government. More Helpful Resources Additional resources on ALEC's corporate agenda: ALEC Funding, PRWatch (2011) American Legislative Exchange Council and other related articles, SourceWatch (2011) Ghostwriting the Law for Corporate America, American Association for Justice (2010) Climate Denial Report on ALEC and Exxon Funding for ALEC, Greenpeace (2011) Governing the Nation from the Statehouses, Progressive States Network (2006) Wolves in Sheep's Clothing, Common Cause (2006) Prison Economics Help Drive Ariz. Immigration Law, NPR (2010) Exposing ALEC, blogging group, Daily KOS (2011) ALEC: The Voice of Corporate Special Interests In State Legislatures, People for the American Way (2011) Corporate America's Trojan Horse in the States, Defenders of Wildlife and the Natural Resources Defense Council (2002) The Attack on Trial Lawyers and Tort Law, Commonwealth Institute (2003) Wisconsin's Cronon Affair: The Power of a Simple Fact, The Nation Magazine (2011) Ghostwriting the Law, Mother Jones (2002) ALEC Behind Voter Disenfranchisement Efforts, Center for American Progress (2011) ALEC Report, Center on Juvenile and Criminal Justice (2011) ALEC Exposed: Business Domination Inc., The Nation Magazine (2011)

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