Posted: 05/08/2012 8:34 am
Last week, the world got a preview of America's new post
Citizens United
petro plutocracy with the oil lords flexing their political muscles
like oil soaked body builders pumped up on a steroid drip of campaign
dollars. It was all about fracking. The petro tycoons first
orchestrated
the forced resignation of U.S. Environmental Protection Agency's (EPA)
top frack patch enforcer, then adeptly forced the same cowed agency to
stall its release of a damaging scientific study on fracking and finally strong armed the Interior Department to
open America's public lands to gas companies without prior disclosure of their frack chemicals.
On Monday, the oil industry showcased its political muscle by
forcing
the resignation of EPA's popular environmental enforcement
chief for
the Gulf region, Dr. Al Armendariz. Dr. Al was beloved by
environmentalists, civic leaders, and poor and minority communities
across five states for his willingness to strictly enforce environmental
rules regardless of the lawbreakers' political clout. But Armendariz's
courage won him powerful enemies as well. He was steadfastly undeterred
by relentless pressure from polluters and their allies including
political intrigue, hamstringing budget cuts, and even death threats
directed at him and his family. But this week, the
world's most powerful
cartel -- an international syndicate feared even by the Obama
Administration --
finally brought Dr. Armendariz down. Armendariz's
mistake was promising to enforce the law against Big Oil in the shale
gas fields.
Several weeks ago, a two-year old-videotape surfaced showing Dr.
Armendariz addressing a group of frightened and skeptical businessmen,
civil leaders and property owners in Dish, Texas, a gas patch town
familiar with government's anemic enforcement record against the oil
barons. Dish's citizenry were terrified that reckless, dangerous and
illegal practices by shale-gas fracking companies might jeopardize their
community's property values, water supplies, jobs, local businesses and
human health. Dish's Mayor, Calvin Tillman, who attended the meeting,
had already
moved his home away
from the frack fields due to the daily nosebleeds afflicting his
children ever since fracking operations commenced. Armenderiz assured
Dish's shaken citizens that the EPA would enforce the law strictly in
order to quickly bring industry outlaws into line.
This was too much for Congress' "law and order" Republicans who
apparently believe that oil companies, and shale fracking in particular,
should be above the law. Lead by
U.S. Senator, James Inhofe (R-Okla.),
Big Petroleum's sock-puppet-in-chief, Congressional Republicans forced
Armenderiz's dismissal. (As a private citizen, Dr. Al is no longer
entitled to FBI protection and has had to appeal to the Dallas police
for protection against continuing assassination threats.) Instead of the
deterrence, for which Dr. Al had hoped,
the episode sent an altogether
different public message; government enforcers can lose their jobs by
suggesting that the oil companies ought to obey America's laws.
The Republicans complained that Armenderiz, by way of reassuring
Dish's frightened and skeptical townsfolk, referenced, as a metaphor,
the ancient Roman practices of roadside crucifixion and burning villages
to deter violators. Attorneys are familiar with such historical
touchstones which are routinely invoked by law professors and "tough on
crime" prosecutors to illustrate the concept of deterrence.
If Armedariz
had been speaking about any other crime than pollution from fracking,
and any type of alleged criminal other than certain oil frackers, the
same republican lawmakers would have applauded his muscular commitment
to merciless rigor.
From its inception, hydrofracking has been an outlaw enterprise
.
The
industry was born in a provision drafted in secret by oilman Dick
Cheney's clandestine energy task force specifically exempting
it from the Safe Drinking Water Act, a shale fracking method devised
and patented by Cheney's former company Halliburton.
The Vice
President's henchmen then rammed the exemption though a supplicant post
9/11 Congress. Rough and tumble competition among fracking companies
have turned the frack fields from North Dakota to Pennsylvania into
modern Dodge Cities.
Regulatory capture has given some of the industry's
worst actors de facto immunity from their criminal behavior.
In states like Pennsylvania and West Virginia, the fracking industry
has flourished through habitual law breaking, including
- illegal dumping
of horrendous toxins into public sewage treatment plants utterly
unequipped to treat those poisons,
- using substandard casing protocols
that regularly contaminate people's groundwater with carcinogenic
benzene and explosive methane, and
- illegally filling streams to build
roads, pipelines and drill pads.
These species of habitual lawbreakers
require the protection of crooked politicians and captive agencies to
insulate criminal companies from the consequences of their illegal
behavior.
Oil companies are experts at using campaign contributions to
purchase this class of government cooperation.
In another demonstration of its impressive power, two days after Dr.
Al's resignation,
the frack industry won another political battle --
forcing cowed Interior Department officials
to allow
gas companies to frack on our federal public lands without first
disclosing the constituents of the lethal fracking fluid, they intend to
inject into our purple mountains' majesty and amber waves of grain.
Later that week, AP reporters
documented
how the frack industry was using its clout to escape, not just the laws
of government, but of science.
On Thursday, AP's investigators forced
the U.S. EPA to admit that it had withheld -- for nearly a month -- a
devastating study showing groundwater contamination linked to fracking
from oil and gas wells in Pavillion, Wyoming. At the command of
Wyoming's republican Governor Matt Mead -- an indentured servant to the
fracking industry --
the EPA delayed issuing the report. Mead then
ordered state officials to "take a hard line" on the industry's behalf.
A
team of tobacco scientists and biostitutes at Wyoming's Department of
Environmental Quality next dutifully used the delay to
gin up critical
questions meant to debunk EPA's science to help soften the blow from the
federal study that sent shock waves through the oil and gas industry.
Law-abiding gas patch residents like the citizens of Dish, Texas
understand something that Congressional Republicans apparently don't --
environmental crime is real crime with real victims. Pollution doesn't
just attack water and wildlife and put fishermen out of work.
It harms
human health, private property and often takes human life.
Oil pollution
damages the brains of little children and kills both young people and
adults. Emissions from burning oil and coal
kills tens of thousands Americans annually from
cancer and respiratory illnesses, and
impose half a trillion dollars in health care damage.
Oil and coal's other costs include global warming, acid rain, mercury
contamination and ocean acidification.
The carbon cronies have
demonstrated an uncanny talent for writing loopholes and exemptions into
health, safety and environmental laws to escape the consequences of
damaging private property, public health, the shared commons and the
welfare of the American people.
When their lobbying and drafting tricks
fail to give oil titans full protection, compliant enforcement and
regulatory officials dull the sting of noncompliance.
It's no wonder
that frightened gas field communities seek assurance that government
regulators will enforce the anemic laws that still exist to protect
them. In the southern gulf states, Armendariz was respected by coastal
communities as one of the few public officials who had not been
corrupted by Big Oil. In that sense,
Armendariz is an American hero in
the mold of Eliott Ness, Pat Garrett, Wyatt Earp and Thomas Dewey.
Unfortunately, most of our political leaders lack Dr. Al's courage
and integrity. Instead of protecting America's citizenry from oil
industry atrocities, Senator Inhofe and the republicans see their job as
protecting oil company brigands from the law and its enforcers.
Inhofe's reasoning is not obscure, the
oil and gas industry pumps
hundreds of millions of dollars annually into elections and lobbying
to
purchase friends like Senator Inhofe. Big Oil is now the richest
industry in history. Last year,
Exxon contributed $54 million to the
political process. The gravities of this lucre are irresistible to
politicians of a certain stripe.
Exxon's
record quarterly profits
of
$104 million per day will allow that company to
dramatically
increase its political investments. More importantly, the
Supreme
Court's Citizens United case
removes all the past restrictions
that once deterred Big Oil from employing these
enormous profits to
completely dominate America's political system.
As a result of that
court ruling, the oil barons will pick the winners and losers in
America's upcoming elections at every level -- in secret if they desire.
The industry is already poised to flood America's political
landscapes with hundreds of millions of dollars in newly legalized
bribery. In addition to their generous contribution to the Tea Party,
CATO Institute and other oil industry front groups, and oil tycoons
Charles and David Koch, on Feb. 3
pledged
an extra $60 million of their private money for direct campaign
donations to ensure that their oil friendly candidate wins the
presidential election in November.
Chevron, Exxon, the American Petroleum Institute and other oil moguls
will match the Koch brothers' largesse many times over. The oil barons
must find great comfort in historic data assembled by the Center for
Responsive Politics
demonstrating
that, in 94% of American elections, the candidate with the most money
wins. It was the underlying idealism of our successful experiment with
self-government that made America an exemplary nation and the template
for the world's democracies.
If American democracy is to survive, we
clearly
need to restore integrity and representative democracy to our
electoral process and get
control of an industry that is using its
enormous financial power to enrich itself,
destroy the planet and
undermine everything we value. Last week's events are merely a
foreshadowing of the devolution that is inexorably propelling us toward a
corrupt venal and petro kleptocracy.