Dave Johnson: Koch Industries And Native-American Reservation Oil Theft

Koch And Native-American Reservation Oil Theft
By Dave Johnson
Campaign for America's Future

Just what is this Koch Industries? Should it be called a "company?" If so we need to re-think the idea of what a company and a business is supposed to be. Even the brother of Koch Industries owners David and Charles Koch called the company an "organized crime" operation.

Koch money is a key driver of the conservative movement. Almost every conservative-movement rock you turn over has Koch money crawling around under it. As the movement becomes more and more of a pay-to-play operation conservatives of every stripe do more and more to protect and enrich the Koch operation. This has included blocking, disrupting and avoiding official investigations of accusations. It also includes funding front groups to advance the political and financial interests of the company and its owners.

Theft Of Oil From Reservations

Oppose The Future has the story of how Koch Oil was caught stealing oil from an Indian Reservation, reduding or removing the incomes of so many poor residents.

At some point in 1987, Thurmon Parton’s royalty checks for the three oil wells he inherited from his mother suddenly dropped from $3,000 a month to a little over $1,000. He and his sister, Arnita Gonzalez, members of the Caddo tribe, lived near Gracemont, Oklahoma, a town of a few hundred people on a small grid on the prairie.

Those modest royalties were the only source of income each of them had.

. . . What happened to Mr. Parton, Ms. Gonzales and Ms. Limpy had nothing to do with the wells or how they were producing. Their oil was being stolen. And all of the evidence pointed to the same culprit: Koch Oil, a division of Koch Industries.

This is an important story today because it helps us understand the nature of the Koch operation, which has so much influence over our politics and even livelihoods today. It also helps us understand why our government not only appears to be influenced, but often to be outright corrupted. From the story,

In the spring of 1989, a Special Committee on Investigations of the United States Senate’s Select Committee on Indian Affairs was formed to look into concerns that the path to tribal self-rule was impeded by fraud, corruption and mismanagement from all sides.

... Within a span of months, the Special Committee determined that “Koch [Oil] was engaged in systematic theft, stealing millions in Oklahoma alone.” BLM, even with a tip that Koch was behaving improperly, hadn’t done a thing.

Oppose The Future lays out the story and details of the oil theft. There is also story of the years following.

"A Broad Pattern Of Criminal Behavior"

Back in 1996 Business Week looked into the relationship between then-Senator and Presidential Candidate Bob Dole and Koch Industries and an apparent pattern of influence by the company, in BOB DOLE'S OIL-PATCH PALS. Here are some excerpts from their investigation, [emphasis added]

Koch has had a history of run-ins with the Justice Dept. and other federal agencies. In 1989, a special congressional committee looked into charges that Koch had routinely removed more oil from storage tanks on Indian tribal lands ... Dole tried to influence the Senate committee to soft-pedal the probe. Nevertheless, after a yearlong investigation, the committee said in its final report, "Koch Oil, the largest purchaser of Indian oil in the country, is the most dramatic example of an oil company stealing by deliberate mismeasurement and fraudulent reporting." The report triggered a grand jury probe. The inquiry was dropped in March, 1992, which provoked outrage by congressional investigators.

Then in April, 1995, the Justice Dept. filed a $55 million civil suit against Koch for causing more than 300 oil spills over a five-year period. Dole and other Senators, however, sponsored a bill ... that critics charge would help Koch defend itself ... legal sources say the government's ultimate goal is to use evidence in the two actions to establish that Koch has engaged in a broad pattern of criminal behavior.

... From Apr. 19, 1991, through Nov. 2, 1992, David Koch and the Koch Industries political action committee together contributed $7,000 to Nickles' campaign war chest. Around the same time, [Oklahoma Republican Senator Don] Nickles sponsored Timothy D. Leonard, an old friend of Nickles, for the post of U.S. Attorney in Oklahoma City. ... nitially, questions were raised in the U.S. attorney's office about whether Leonard should recuse himself because Koch Industries purchased oil from wells in which Leonard and his family had royalty interests ... Then-Deputy Attorney General William P. Barr granted him a waiver to participate in the case ... In March, 1992, after an 18-month investigation, the U.S. Attorney's office terminated the grand jury probe and informed Koch it anticipated no indictments. ... As the grand jury investigation was winding down, Nickles sponsored Leonard for a federal judgeship. He was nominated by President Bush in November, 1991, and confirmed by the Senate the following August.

Business week lays out the evidence in detail. The timing, with Republican administration/committee/agency/department after administration/committee/agency/department impeding and/or dropping investigations into Koch activities is also clear.

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Ian Urbina: Politics Seen to Limit E.P.A. as It Sets Rules for Natural Gas

Politics Seen to Limit E.P.A. as It Sets Rules for Natural Gas
By IAN URBINA
The New York Times

When Congress considered whether to regulate more closely the handling of wastes from oil and gas drilling in the 1980s, it turned to the Environmental Protection Agency to research the matter. E.P.A. researchers concluded that some of the drillers’ waste was hazardous and should be tightly controlled.

But that is not what Congress heard. Some of the recommendations concerning oil and gas waste were eliminated in the final report handed to lawmakers in 1987.

“It was like the science didn’t matter,” Carla Greathouse, the author of the study, said in a recent interview. “The industry was going to get what it wanted, and we were not supposed to stand in the way.”

E.P.A. officials told her, she said, that her findings were altered because of pressure from the Office of Legal Counsel of the White House under Ronald Reagan. A spokesman for the E.P.A. declined to comment.

Ms. Greathouse’s experience was not an isolated case. More than a quarter century of efforts by some lawmakers and regulators to force the federal government to police the industry better have been thwarted, as E.P.A. studies have been repeatedly narrowed in scope, and important findings have been removed.

For example, the agency had planned to call last year for a moratorium on the gas-drilling technique known as hydrofracking in the New York City watershed, according to internal documents, but the advice was removed from the publicly released letter sent to New York.

Now some scientists and lawyers at the E.P.A. are wondering whether history is about to repeat itself, as the agency undertakes a broad new study of natural gas drilling and its potential risks, with preliminary results scheduled to be delivered next year.

The documents show that the agency dropped some plans to model radioactivity in drilling wastewater being discharged by treatment plants into rivers upstream from drinking water intake plants. And in Congress, members from drilling states like Oklahoma have pressured the agency to keep the focus of the new study narrow.

They have been helped in their lobbying efforts by a compelling storyline: Cutting red tape helps these energy companies reduce the nation’s dependence on other countries for fuel. Natural gas is also a cleaner-burning alternative to coal and plentiful within United States borders, so it can create jobs.

But interviews with E.P.A. scientists, and confidential documents obtained by The New York Times, show long and deep divisions within the agency over whether and how to increase regulation of oil and gas drillers, and over the enforcement of existing laws that some agency officials say are clearly being violated.

Agency lawyers are in a heated debate over whether to intervene in Pennsylvania, where drilling for gas has increased sharply, to stop what some of those lawyers say is a clear violation of federal pollution laws: drilling waste discharged into rivers and streams with minimal treatment. The outcome of that dispute has the potential to halt the breakneck growth of drilling in Pennsylvania.

The E.P.A. has taken strong stands in some places, like Texas, where in December it overrode state regulators and intervened after a local driller was suspected of water contamination. Elsewhere, the agency has pulled its punches, as in New York.

Asked why the letter about hydrofracking in the New York City watershed had been revised, an agency scientist who was involved in writing it offered a one-word explanation: “politics.”

Natural gas drilling companies have major exemptions from parts of at least seven of the 15 sweeping federal environmental laws that regulate most other heavy industries and that were written to protect air and drinking water from radioactive and hazardous chemicals.

Coal mine operators that want to inject toxic wastewater into the ground must get permission from the federal authorities. But when natural gas companies want to inject chemical-laced water and sand into the ground during hydrofracking, they do not have to follow the same rules.

The air pollution from a sprawling steel plant with different buildings is added together when regulators decide whether certain strict rules will apply. At a natural gas site, the toxic fumes from various parts of it — a compressor station and a storage tank, for example — are counted separately rather than cumulatively, so many overall gas well operations are subject to looser caps on their emissions.

An Earlier Reversal

The E.P.A. also studied hydrofracking in 2004, when Congress considered whether the process should be fully regulated by the Safe Drinking Water Act.

An early draft of the study discussed potentially dangerous levels of contamination in hydrofracking fluids and mentioned “possible evidence” of contamination of an aquifer. The final version of the report excluded these points, concluding instead that hydrofracking “poses little or no threat to drinking water.”

Shortly after the study was released, an E.P.A. whistleblower said the agency had been strongly influenced by industry and political pressure. Agency leaders at the time stood by the study’s findings.

“It was shameful,” Weston Wilson, the E.P.A. whistleblower, said in a recent interview about the study. He explained that five of the seven members of that study’s peer review panel were current or former employees of the oil and gas industry.

“The study ended up being the basis for this industry getting yet another exemption from federal law when it should have resulted in greater regulation of this industry,” Mr. Wilson added.

Some E.P.A. scientists say this pattern may be playing out again in the national study of hydrofracking that Congress will consider as it decides whether drillers will have to operate under stricter rules.

Internal documents from early meetings, obtained through public-records requests filed by The Times and provided by E.P.A. officials who are frustrated with how research is being handled, show agency field scientists demanding that certain topics be included in the study. And earlier versions of the research plan indicate that many of those topics were to be included.

For example, the study was to consider the dangers of toxic fumes released during drilling, the impact of drilling waste on the food chain and the risks of this radioactive waste to workers.

But many of these concerns, cited by field scientists in earlier documents as high priorities, were cut from the current study plan, according to a version of it made public on Feb. 8.

Earlier planning documents also called for a study of the risks of contaminated runoff from landfills where drilling waste is disposed and included detailed plans to model whether rivers can sufficiently dilute hazardous gas-well wastewater discharged from treatment plants.

These topics were cut from the current study plan, even though E.P.A. officials have acknowledged that sewage treatment plants are not able to treat drilling waste fully before it is discharged into rivers, sometimes just miles upstream from drinking water intake plants. While the current study plan clearly indicates that the agency plans to research various types of radioactivity concerns related to natural gas drilling, this river modeling, which E.P.A. scientists say is important, has been removed.

In interviews, several agency scientists and consultants, who declined to be named for fear of reprisals, said the study was narrowed because of pressure from industry and its allies in Congress, as well as budget and time constraints.

Brendan Gilfillan, an agency spokesman, said that the plan remained broad and that the agency had taken additional steps to investigate the impacts of drilling, including recently issuing a subpoena against the energy services company Halliburton to force the company to provide fuller disclosure about its drilling operations.

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Juan Cole: Libya Standoff as Saudi Quivers and Iran, Iraq under Pressure

Libya Standoff as Saudi Quivers and Iran, Iraq under Pressure
by Juan Cole
Informed Consent

...

Saudi Arabia, the world’s major swing producer, is afraid of unrest itself and attempting to buy off its own population, so needs the extra money for this purpose. Saudi Arabia had traditionally attempted to hold prices down, because its vast reserves meant it could always make its money in the future, and its relatively small population (22 mn. citizens) left it with limitations on its economic absorptive capacity, i.e., it couldn’t put a lot of oil profits to work in its own domestic economy.

So the Saudi government is handing out $37 billion, all of a sudden, to its people for housing and unemployment relief.

Saudi authorities on Tuesday detained a Shiite clergyman in the Eastern Province who preached a sermon calling for a constitutional monarchy. Shiites are probably about 12 percent of Saudis and are culturally and politically repressed by the Wahhabi establishment, which typically views them as idolaters. Had the call for constitutional monarchy come from other quarters, it would be more significant, since it is hard to imagine Wahhabi-Shiite political unity. Unrest among Saudi Shiites might affect the oil-rich Eastern Province where they mostly reside, but the Saudi state has significant repressive capacities in that area.

To Read the Entire Report

Ben Jervey: Offshore Drilling Oversight Necessary

Offshore Drilling Oversight Necessary
by Ben Jervey
Good

In the wake of the Deepwater Horizon explosion, as the oil still gushed into Gulf waters, the president formed a commission to figure out what went wrong, and how to prevent a similar disaster in the future. Commission members claim that the president told them to "follow the facts wherever they led," and so for six months they've been doing exactly that.

Today, the commission released its final report. Impressively, the authors didn't mince words, essentially saying that if industry's practices and government oversight don't improve, another disaster is all but inevitable.

It's a monster of a document (398 pages), and I haven't come close to finishing it yet. But I have tackled the intro, the first couple chapters, and the recommendations. It's actually a pretty fascinating read. Chapter One is honestly the best narrative journalism I've read of that fateful day in April. Chapters Two and Three are good history lessons on offshore drilling in America and the regulation (or lack thereof) of the industry.

The conclusions and recommendations, though, are probably most important. A summary of the commission's conclusions, provided in the intro, may look on first glance like common sense criticism that you've probably spouted off to your friends, but in the world of D.C. politics, they are pretty severe.

To Read the Commentary and To Access the Original Report

Democracy Now: Rolling Stone’s Tim Dickinson on the Inside Story of How Obama Let the World’s Most Dangerous Oil Company Get Away with Murder

Rolling Stone’s Tim Dickinson on the Inside Story of How Obama Let the World’s Most Dangerous Oil Company Get Away with Murder
Democracy Now

An extensive new investigation into the Obama administration’s handling of the BP oil spill disaster reveals that it was government mismanagement, delays and absence of oversight that allowed the crisis to spiral out of control. In the article "The Spill, the Scandal, and the President," Rolling Stone’s Tim Dickinson writes, "Though George W. Bush paved the way for the catastrophe, it was Obama who gave BP the green light to drill." Dickinson explores how Interior Secretary Ken Salazar kept in place the oil industry-friendly environmental guidelines that Bush had implemented and ultimately let BP, an oil company with the worst safety record, to get away with murder.

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Democracy Now: BP Oil Spill Threatens Future of Indigenous Communities in Louisiana

BP Oil Spill Threatens Future of Indigenous Communities in Louisiana
Democracy Now

During our recent trip to southern Louisiana, we visited Grand Bayou, a village accessible only by boat, that feels they are on the brink of extinction. The indigenous Atakapa-Ishak people in this coastal Louisiana village have relied on the land and water around them to survive for generations. They live mostly off the oysters, shrimp and fish they draw from the marshes. Now the traditions and very survival of this small community are at risk. We went to Grand Bayou on the same day as a visiting delegation from Alaska who survived the Exxon-Valdez spill and spoke to indigenous leaders from both disaster-affected communities

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Tell Somebody: Antonia Juhasz - The Tyranny of Oil

Antonia Juhasz - The Tyranny of Oil
Tell Somebody (KKFI: Kansas City)



Juhasz is an associate fellow with the Institute for Policy Studies and a senior analyst for Foreign Policy In Focus. She is on the National Advisory Committee of Iraq Veterans Against the War and on the Board of Directors of Coffee Strong. She has taught at the New College of California in the Activism and Social Change Masters Program and as a guest lecturer on U.S. Foreign Policy at the McMaster University Labour Studies Program in a unique educational program with the Canadian Automobile Workers Union.

To Listen to the Episode

Avi Lewis: In Deep Water

In Deep Water
by Avi lewis
Al Jazeera

In the two months since the Deepwater Horizon explosion, millions of litres of oil have gushed out of BP's well into the water each day, slowly encroaching on the coastline.

A menace to the fragile marshlands, the drilling disaster is also threatening a whole way of life for fishing communities in Louisiana - still struggling to recover from Hurricane Katrina five years ago.

But this is not all new: Big Oil has a long history in this part of the world.

Fault Lines' Avi Lewis travels to the drill zone, and learns about the erosion in the wetlands from industry canals and pipelines, the health problems blamed on contaminated air and water from petrochemical refineries.

On the Gulf Coast, it has long been widely accepted that the fishing and oil industries can co-exist. In the wake of the Deepwater disaster, the more destructive (and more lucrative) industry may be the last one standing.

To Watch the Documentary

Bill Moyers & Michael Winship: Chevron's "Crude" Attempt to Suppress Free Speech

Chevron's "Crude" Attempt to Suppress Free Speech
by Bill Moyers & Michael Winship
Bill Moyers Journal



Even as headlines and broadcast news are dominated by BP's fire-ravaged, sunken offshore rig and the ruptured well gushing a reported 210,000 gallons of oil per day into the Gulf of Mexico, there's another important story involving Big Oil and pollution - one that shatters not only the environment but the essential First Amendment right of journalists to tell truth and shame the devil.

(Have you read, by the way, that after the surviving, dazed and frightened workers were evacuated from that burning platform, they were met by lawyers from the drilling giant Transocean with forms to sign stating they had not been injured and had no first-hand knowledge of what had happened?! So much for the corporate soul.)

But our story is about another petrochemical giant - Chevron - and a major threat to independent journalism. In New York last Thursday, Federal Judge Lewis A. Kaplan ordered documentary producer and director Joe Berlinger to turn over to Chevron more than 600 hours of raw footage used to create a film titled CRUDE: THE REAL PRICE OF OIL.

Released last year, it's the story of how 30,000 Ecuadorians rose up to challenge the pollution of their bodies, livestock, rivers and wells from Texaco's drilling for oil there, a rainforest disaster that has been described as the Amazon's Chernobyl. When Chevron acquired Texaco in 2001 and attempted to dismiss claims that it was now responsible, the indigenous people and their lawyers fought back in court.

Some of the issues and nuances of Berlinger's case are admittedly complex, but they all boil down to this: Chevron is trying to avoid responsibility and hopes to find in the unused footage - material the filmmaker did not utilize in the final version of his documentary - evidence helpful to the company in fending off potential damages of $27.3 billion.

This is a serious matter for reporters, filmmakers and frankly, everyone else. Tough, investigative reporting without fear or favor - already under siege by severe cutbacks and the shutdown of newspapers and other media outlets - is vital to the public awareness and understanding essential to a democracy. As Michael Moore put it, "The chilling effect of this is, [to] someone like me, if something like this is upheld, the next whistleblower at the next corporation is going to think twice about showing me some documents if that information has to be turned over to the corporation that they're working for."

In an open letter on Joe Berlinger's behalf, signed by many in the non-fiction film business (including the two of us), the Independent Documentary Association described Chevron's case as a "fishing expedition" and wrote that, "At the heart of journalism lies the trust between the interviewer and his or her subject. Individuals who agree to be interviewed by the news media are often putting themselves at great risk, especially in the case of television news and documentary film where the subject's identity and voice are presented in the final report.

To Read the Rest of the Essay

BBC News: US military joins Gulf of Mexico oil spill effort

US military joins Gulf of Mexico oil spill effort
BBC News

The US military has joined efforts to stop an oil leak in the Gulf of Mexico as fears rise about its scale.

Five times as much oil as previously thought could be leaking from the well beneath where a rig exploded and sank last week, the US Coast Guard says.

Rear Admiral Mary Landry said 5,000 barrels a day were thought to be gushing into the sea off Louisiana.

The Department of Homeland Security has designated the spill as one of "national significance".

Homeland Security Secretary Janet Napolitano, who is to go to Louisiana to oversee operations, told reporters in Washington that this designation would allow resources to be ordered in from other areas of the US.

At the same briefing, a coastguard official said the oil slick was expected to wash ashore on the Gulf Coast on Friday.

And Deputy Secretary of the Department of the Interior David Hayes said the US government had ordered inspections of all deep-water oil wells in the Gulf of Mexico to see if anti-spill regulations were being followed.

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"Snapped as the DW Horizon offshore drilling rig collapsed into the gulf of Mexico, killing 11 workers and pumping 42k barrels of oil a day into gulf"

via Patrick Bigger: "Snapped as the DW Horizon offshore drilling rig collapsed into the gulf of Mexico, killing 11 workers and pumping 42k barrels of oil a day into the gulf."

Amy Goodman: Cracking Down on Fracking

Cracking Down on Fracking
by Amy Goodman
Common Dreams



Mike Markham of Colorado has an explosive problem: His tap water catches fire. Markham demonstrates this in a new documentary, “Gasland,” which just won the Sundance Film Festival Special Jury Prize. Director Josh Fox films Markham as he runs his kitchen faucet, holding a cigarette lighter up to the running water. After a few seconds, a ball of fire erupts out of the sink, almost enveloping Markham’s head.

The source of the flammable water, and the subject of “Gasland,” is the mining process called hydraulic fracturing, or “fracking.”

Fracking is used to access natural gas and oil reserves buried thousands of feet below the ground. Companies like Halliburton drill down vertically, then send the shaft horizontally, crossing many small, trapped veins of gas and oil. Explosive charges are then set off at various points in the drill shaft, causing what Fox calls “mini-earthquakes.” These fractures spread underground, allowing the gas to flow back into the shaft to be extracted. To force open the fractures, millions of gallons of liquid are forced into the shaft at very high pressure.

The high-pressure liquids are a combination of water, sand and a secret mix of chemicals. Each well requires between 1 million and 7 million gallons of the fluid every time gas is extracted. Drillers do not have to reveal the chemical cocktail, thanks to a slew of exemptions given to the industry, most notably in the 2005 Energy Policy Act, which actually granted the fracking industry a specific exemption from the Safe Drinking Water Act. California Congressman Henry Waxman, chair of the House Energy and Commerce Committee, has just announced an investigation into the composition of the proprietary chemicals used in fracking. In a Feb. 18 letter, Waxman commented on the Safe Drinking Water Act exemption: “Many dubbed this provision the ‘Halliburton loophole’ because of Halliburton’s ties to then-Vice President Cheney and its role as one of the largest providers of hydraulic fracturing services.” Before he was vice president, Dick Cheney was the CEO of Halliburton.

In an earlier investigation, Waxman learned that Halliburton had violated a 2003 nonbinding agreement with the government in which the company promised not to use diesel fuel in the mix when extracting from certain wells. Halliburton pumped hundreds of thousands of gallons of toxic, diesel-containing liquids into the ground, potentially contaminating drinking water.

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Noam Chomsky: Philosophies of Language & Politics

Noam Chomsky: Philosophies of Language & Politics
Interviewed by Larry Bensky
FORA TV

Noam Chomsky has been pushing change in language, politics and culture for decades. The controversial expert on modern language explains why "the smart way to keep people passive and obedient is to strictly limit the spectrum of acceptable opinion, but allow very lively debate within that spectrum."

To Listen/Watch