Normal view

There are new articles available, click to refresh the page.
Before yesterdayMain stream

Even Dr. Oz Can’t Break Medicare

21 November 2024 at 22:52

Some 15 percent of Americans are enrolled in Medicare Part D, which covers outpatient prescription drug costs for older adults and other qualifying individuals, providing nearly $140 billion a year in support to about 50 million people. But the program is administered by the Centers for Medicare and Medicaid Services—which President-elect Donald Trump has nominated celebrity physician Mehmet Oz to lead.

It’s questionable how a man infamous for promoting questionable supplements, who has commented that there’s no right to health for people who can’t afford it, will help lead and provide government health insurance in the United States. On his show, the cardiothoracic surgeon has mounted attacks on medications that Part D covers, such as antidepressants, claiming that they do not work for most patients (the evidence is against him).

A screenshot of a Facebook post that says, "Dr. Mehmet Oz. April 3, 2013. New research shows that antidepressants don’t work for most patients. Could they make your problems worse or even increase your risk of being suicidal? We discuss it on today's show with Dr. Drew Pinsky and other mental health experts. See a preview here:"
A Facebook post of Oz promoting myths and exaggerating the suicidality risk of people on antidepressants. Julia Métraux

Given his history, it makes sense that Oz would be part of Trump’s “Make America Healthy Again” cohort, which does seem fairly anti-science: Robert F. Kennedy Jr.’s attacks on vaccines, for instance, also conveniently ignore that measles and polio can cause lifelong health conditions. Medicare Part D currently covers the costs of all recommended vaccines.

But what kind of damage could Oz do from his new post? Will he be able to cut medications that actually help people manage chronic health conditions—conditions that people who qualify for Medicare are more likely to have? The short answer is no. At least not on his own.

Juliette Cubanski, deputy director of health nonprofit KFF‘s program on Medicare policy, explains that the range of medications covered by Medicare Part D is specified in the Social Security Act.

“Generally speaking, Medicare Part D covers drugs and vaccines that are approved by the Food and Drug Administration,” Cubanski told Mother Jones. “The law specifically excludes some types of drugs from coverage under Part D, including drugs used for weight loss or cosmetic purposes.” So dubious supplements that Oz promoted on his show could not readily be added to the list, nor could he easily remove actual medication.

“Congress would need to change the law in order to change what drugs Medicare Part D covers,” Cubanski said. “An agency official acting under their own authority can’t do that.”

There is still the possibility that some aspects of Medicare Part D could change through a regulatory process, says University of Pennsylvania health law and policy professor Allison Hoffman, but that too is a rigorous procedure—and attacking Medicare would also be a risky political move.

“Medicare Part D was passed during a Republican administration and with Republican control in Congress, with Democratic support,” Hoffman said. “Trump knows to tread carefully in this space because Medicare is a widely popular program and the Part D program has really created a lot of financial security for people.”

But if Republicans do, as they have pledged, go after the Inflation Reduction Act, which helped fund and improve Medicare affordability, Part D isn’t necessarily in the clear. The IRA instituted a new $2,000-a-year cap on out-of-pocket spending costs for prescriptions—still a lot for many older Medicare patients, and for qualifying younger disabled people, but an extremely short-lived protection if it’s immediately overturned by the GOP.

And while Oz on his own can’t screw up Medicare Part D too badly, there’s no guarantee he’ll let it work smoothly, either. In practice, the plans are administered by private insurance companies, which can choose which pharmacies to work with and even which medications to cover. Federal health reforms like the Affordable Care Act have focused in part on making it harder for insurers to weasel out of providing care—not a likely priority for Trump’s health officials. If someone on Medicare needs to start a new medication, they could meet with a rude awakening.

“That would require them to either switch to a different drug in the class, or switch plans during the next open enrollment period,” says Julie Donohue, chair of the University of Pittsburgh’s Department of Health Policy and Management.

Such limitations in Part D—and related programs, like private-insurer-run Medicare Advantage plans—illustrate the consistent failures of privatizing Medicare, something Oz nevertheless pushed for more of during his unsuccessful 2022 Senate campaign.

With the chaos and uncertainty that’s marked Trump’s White House nominations—like former Rep. Matt Gaetz withdrawing on Thursday from consideration to be his Attorney General—Hoffman also cautions us to “wait to see if people are confirmed,” rather than immediately panicking about “our imagination of what these policies might be.”

Even Dr. Oz Can’t Break Medicare

21 November 2024 at 22:52

Some 15 percent of Americans are enrolled in Medicare Part D, which covers outpatient prescription drug costs for older adults and other qualifying individuals, providing nearly $140 billion a year in support to about 50 million people. But the program is administered by the Centers for Medicare and Medicaid Services—which President-elect Donald Trump has nominated celebrity physician Mehmet Oz to lead.

It’s questionable how a man infamous for promoting questionable supplements, who has commented that there’s no right to health for people who can’t afford it, will help lead and provide government health insurance in the United States. On his show, the cardiothoracic surgeon has mounted attacks on medications that Part D covers, such as antidepressants, claiming that they do not work for most patients (the evidence is against him).

A screenshot of a Facebook post that says, "Dr. Mehmet Oz. April 3, 2013. New research shows that antidepressants don’t work for most patients. Could they make your problems worse or even increase your risk of being suicidal? We discuss it on today's show with Dr. Drew Pinsky and other mental health experts. See a preview here:"
A Facebook post of Oz promoting myths and exaggerating the suicidality risk of people on antidepressants. Julia Métraux

Given his history, it makes sense that Oz would be part of Trump’s “Make America Healthy Again” cohort, which does seem fairly anti-science: Robert F. Kennedy Jr.’s attacks on vaccines, for instance, also conveniently ignore that measles and polio can cause lifelong health conditions. Medicare Part D currently covers the costs of all recommended vaccines.

But what kind of damage could Oz do from his new post? Will he be able to cut medications that actually help people manage chronic health conditions—conditions that people who qualify for Medicare are more likely to have? The short answer is no. At least not on his own.

Juliette Cubanski, deputy director of health nonprofit KFF‘s program on Medicare policy, explains that the range of medications covered by Medicare Part D is specified in the Social Security Act.

“Generally speaking, Medicare Part D covers drugs and vaccines that are approved by the Food and Drug Administration,” Cubanski told Mother Jones. “The law specifically excludes some types of drugs from coverage under Part D, including drugs used for weight loss or cosmetic purposes.” So dubious supplements that Oz promoted on his show could not readily be added to the list, nor could he easily remove actual medication.

“Congress would need to change the law in order to change what drugs Medicare Part D covers,” Cubanski said. “An agency official acting under their own authority can’t do that.”

There is still the possibility that some aspects of Medicare Part D could change through a regulatory process, says University of Pennsylvania health law and policy professor Allison Hoffman, but that too is a rigorous procedure—and attacking Medicare would also be a risky political move.

“Medicare Part D was passed during a Republican administration and with Republican control in Congress, with Democratic support,” Hoffman said. “Trump knows to tread carefully in this space because Medicare is a widely popular program and the Part D program has really created a lot of financial security for people.”

But if Republicans do, as they have pledged, go after the Inflation Reduction Act, which helped fund and improve Medicare affordability, Part D isn’t necessarily in the clear. The IRA instituted a new $2,000-a-year cap on out-of-pocket spending costs for prescriptions—still a lot for many older Medicare patients, and for qualifying younger disabled people, but an extremely short-lived protection if it’s immediately overturned by the GOP.

And while Oz on his own can’t screw up Medicare Part D too badly, there’s no guarantee he’ll let it work smoothly, either. In practice, the plans are administered by private insurance companies, which can choose which pharmacies to work with and even which medications to cover. Federal health reforms like the Affordable Care Act have focused in part on making it harder for insurers to weasel out of providing care—not a likely priority for Trump’s health officials. If someone on Medicare needs to start a new medication, they could meet with a rude awakening.

“That would require them to either switch to a different drug in the class, or switch plans during the next open enrollment period,” says Julie Donohue, chair of the University of Pittsburgh’s Department of Health Policy and Management.

Such limitations in Part D—and related programs, like private-insurer-run Medicare Advantage plans—illustrate the consistent failures of privatizing Medicare, something Oz nevertheless pushed for more of during his unsuccessful 2022 Senate campaign.

With the chaos and uncertainty that’s marked Trump’s White House nominations—like former Rep. Matt Gaetz withdrawing on Thursday from consideration to be his attorney general—Hoffman also cautions us to “wait to see if people are confirmed,” rather than immediately panicking about “our imagination of what these policies might be.”

Trump’s Choice of Fracking CEO Chris Wright as Energy Secretary Heralds a Swamp Revival

17 November 2024 at 20:47

Americans of a certain age tend to throw around the term “Orwellian” willy-nilly. But the expression really suits in describing the behavior of our felonious, twice-impeached president-elect.

In George Orwell’s classic novel 1984, a dictatorship represented by the all-powerful “Big Brother” dictates the reality its citizens must adhere to, however topsy-turvy. Official slogans include “ignorance is strength,” “freedom is slavery,” and “war is peace.”

In this context, another slogan comes to mind: “Drain the swamp.”

Trump didn’t invent this populist expression, but he made it a centerpiece of his first campaign—a vow to rid DC of the toxic influence of special interest money, lobbyists, etc. Of course, politicians of both parties have long railed, often without much credibility, against special interests in Washington, and the US Supreme Court’s trashing of campaign finance safeguards has indeed created a cesspool of oligarchic influence in DC that crosses party lines.

It’s not the slogan itself that’s Orwellian. The Orwellian part is Trump’s evocation of the Swamp as he appoints foxes to guard the federal henhouse yet again. It’s a trolling of the libs, but a trolling with potentially dire consequences—and a signal that our government is for sale, more openly now than ever.

Exhibit A: Trump’s selection of Chris Wright, the CEO of a Denver fracking services company called Liberty Energy, for the position of energy secretary. Wright has no government experience and certainly no experience related to the nuclear weapons whose oversight is a critical part of DOE’s role.

Meanwhile, as typical of Trump’s cabinet picks to date, Wright’s other qualifications for the job are—to use Orwellian “Newspeak”—doubleplusungood.

It has escaped nobody’s notice that Trump’s top consideration in doling out key positions is loyalty to the boss. For attorney general, he chose Matt Gaetz, an inexperienced lawyer (but fierce loyalist) who has been accused of sexual impropriety—no charges were ever filed—and is notorious for allegedly foisting upon House colleagues videos of women he’s bedded. For his director of national intelligence, Trump picked Tulsi Gabbard, a former congresswoman my colleague Dan Friedman describes as a “uniquely bad choice.” Namely, she lacks intelligence experience and is so in sync with Vladimir Putin’s propaganda machine that her nomination was even celebrated on Russian television. To oversee White House communications, he picked a bomb-thrower who cut his teeth at UFC. For Health, he chose Robert Kennedy Jr., a man with no academic expertise in the areas he would oversee, and whose views and priorities are far from the mainstream, as my colleague David Corn has reported. (In this administration, apparently, ignorance is indeed strength.)

Wright, too, is a loyalist, but this pick feels distinctly transactional—Swamplike. Trump, after all, met multiple times during his campaign with top fossil-fuel CEOs, promising that, if they gave him money and helped him get elected, they would be richly rewarded. Wright, who denies the climate crisis and completely dismisses the US clean energy transition—which is weird, because it is well under way, despite the fossil fuel industry’s attempts to thwart it—is the industry’s reward. As was Trump’s choice for Interior, North Dakota Gov. Doug Burgham, who is apparently champing at the bit to expand drilling on federal land.

The New York Times reports that Wright’s wife, Liz, co-hosted a Trump fund-raiser in Montana, and that the couple donated a total of $350,000 to a Trump campaign committee. Most notably, Wright was the preferred choice of oil billionaire Harold Hamm, a major Trump donor and co-host of gatherings where candidate Trump wooed oil executives with what sounded suspiciously like a pay-to-play pitch.

Hamm has been playing the political money game for ages. As former Mother Jones reporter Josh Harkinson wrote in an early profile of the oilman, Hamm began supporting political causes in earnest starting in 2007, founding a group called the Domestic Energy Producers Alliance (slogan: “Good things flow from American oil”) and giving millions of dollars to candidates and right-wing causes supported by the billionaire industrialists Charles and David Koch—including nearly $1 million to support Mitt Romney’s unsuccessful 2012 bid for the White House.

In his rush to exploit North Dakota’s Bakken Shale, Harkinson wrote in 2012, Hamm’s company, Continental Resources, “has ridden roughshod over environmental laws….

Documents acquired by ProPublica show that it has spilled at least 200,000 gallons of oil in North Dakota since 2009, far more than any other company. That year, in one of its few formal citations against oil companies, the state’s health department fined Continental $428,500 for poisoning two creeks with thousands of gallons of brine and crude, but later reduced the amount to $35,000. Around the same time, during a thaw, four Continental waste pits overflowed, spilling a toxic soup onto the surrounding land. The Industrial Commission said it would fine the company $125,000, but it ultimately reduced the sum to less than $14,000, since “the wet conditions created circumstances that were unforeseen by Continental.”

Hamm stepped up for Trump in 2016, securing a VIP seat at the 2017 inauguration and exerting his influence during Trump’s first term. From the Washington Post:

In early 2020, he lobbied Trump to help persuade Saudi Arabia and Russia to end a price war that had driven down the price of oil below $0 a barrel, causing Hamm to lose $3 billion in just a few days.

The effort appeared to pay off. In April 2020, under pressure from Trump, members of OPEC, Russia and other oil-producing nations agreed to the largest production cuts ever negotiated—nearly 10 million barrels a day—as oil demand collapsed during the pandemic. 

This time around, Hamm, now Continental’s executive chairman, and his fellow oil and gas executives, would love to see some of those pesky environmental regulations go bye-bye, including the fines imposed under President Joe Biden’s Inflation Reduction Act on drillers who spew waste methane—a particularly potent greenhouse gas and primary component of so-called natural gas—into the atmosphere.

The purpose of regulating the fossil fuel industry is to ensure Americans clean air and water and at least some hope of escaping the worst ravages of a warming planet. Killing such regulations, and preventing new ones that cost his donors money, is a big part of what this second Trump administration—not to mention the US Supreme Court, with its decisions crippling the automony of federal agencies—is poised to deliver.

Call it Swamp 2.0.

Trump’s Choice of Fracking CEO Chris Wright as Energy Secretary Heralds a Swamp Revival

17 November 2024 at 20:47

Americans of a certain age tend to throw around the term “Orwellian” willy-nilly. But the expression really suits in describing the behavior of our felonious, twice-impeached president-elect.

In George Orwell’s classic novel 1984, a dictatorship represented by the all-powerful “Big Brother” dictates the reality its citizens must adhere to, however topsy-turvy. Official slogans include “ignorance is strength,” “freedom is slavery,” and “war is peace.”

In this context, another slogan comes to mind: “Drain the swamp.”

Trump didn’t invent this populist expression, but he made it a centerpiece of his first campaign—a vow to rid DC of the toxic influence of special interest money, lobbyists, etc. Of course, politicians of both parties have long railed, often without much credibility, against special interests in Washington, and the US Supreme Court’s trashing of campaign finance safeguards has indeed created a cesspool of oligarchic influence in DC that crosses party lines.

It’s not the slogan itself that’s Orwellian. The Orwellian part is Trump’s evocation of the Swamp as he appoints foxes to guard the federal henhouse yet again. It’s a trolling of the libs, but a trolling with potentially dire consequences—and a signal that our government is for sale, more openly now than ever.

Exhibit A: Trump’s selection of Chris Wright, the CEO of a Denver fracking services company called Liberty Energy, for the position of energy secretary. Wright has no government experience and certainly no experience related to the nuclear weapons whose oversight is a critical part of DOE’s role.

Meanwhile, as typical of Trump’s cabinet picks to date, Wright’s other qualifications for the job are—to use Orwellian “Newspeak”—doubleplusungood.

It has escaped nobody’s notice that Trump’s top consideration in doling out key positions is loyalty to the boss. For attorney general, he chose Matt Gaetz, an inexperienced lawyer (but fierce loyalist) who has been accused of sexual impropriety—no charges were ever filed—and is notorious for allegedly foisting upon House colleagues videos of women he’s bedded. For his director of national intelligence, Trump picked Tulsi Gabbard, a former congresswoman my colleague Dan Friedman describes as a “uniquely bad choice.” Namely, she lacks intelligence experience and is so in sync with Vladimir Putin’s propaganda machine that her nomination was even celebrated on Russian television. To oversee White House communications, he picked a bomb-thrower who cut his teeth at UFC. For Health, he chose Robert Kennedy Jr., a man with no academic expertise in the areas he would oversee, and whose views and priorities are far from the mainstream, as my colleague David Corn has reported. (In this administration, apparently, ignorance is indeed strength.)

Wright, too, is a loyalist, but this pick feels distinctly transactional—Swamplike. Trump, after all, met multiple times during his campaign with top fossil-fuel CEOs, promising that, if they gave him money and helped him get elected, they would be richly rewarded. Wright, who denies the climate crisis and completely dismisses the US clean energy transition—which is weird, because it is well under way, despite the fossil fuel industry’s attempts to thwart it—is the industry’s reward. As was Trump’s choice for Interior, North Dakota Gov. Doug Burgham, who is apparently champing at the bit to expand drilling on federal land.

The New York Times reports that Wright’s wife, Liz, co-hosted a Trump fund-raiser in Montana, and that the couple donated a total of $350,000 to a Trump campaign committee. Most notably, Wright was the preferred choice of oil billionaire Harold Hamm, a major Trump donor and co-host of gatherings where candidate Trump wooed oil executives with what sounded suspiciously like a pay-to-play pitch.

Hamm has been playing the political money game for ages. As former Mother Jones reporter Josh Harkinson wrote in an early profile of the oilman, Hamm began supporting political causes in earnest starting in 2007, founding a group called the Domestic Energy Producers Alliance (slogan: “Good things flow from American oil”) and giving millions of dollars to candidates and right-wing causes supported by the billionaire industrialists Charles and David Koch—including nearly $1 million to support Mitt Romney’s unsuccessful 2012 bid for the White House.

In his rush to exploit North Dakota’s Bakken Shale, Harkinson wrote in 2012, Hamm’s company, Continental Resources, “has ridden roughshod over environmental laws….

Documents acquired by ProPublica show that it has spilled at least 200,000 gallons of oil in North Dakota since 2009, far more than any other company. That year, in one of its few formal citations against oil companies, the state’s health department fined Continental $428,500 for poisoning two creeks with thousands of gallons of brine and crude, but later reduced the amount to $35,000. Around the same time, during a thaw, four Continental waste pits overflowed, spilling a toxic soup onto the surrounding land. The Industrial Commission said it would fine the company $125,000, but it ultimately reduced the sum to less than $14,000, since “the wet conditions created circumstances that were unforeseen by Continental.”

Hamm stepped up for Trump in 2016, securing a VIP seat at the 2017 inauguration and exerting his influence during Trump’s first term. From the Washington Post:

In early 2020, he lobbied Trump to help persuade Saudi Arabia and Russia to end a price war that had driven down the price of oil below $0 a barrel, causing Hamm to lose $3 billion in just a few days.

The effort appeared to pay off. In April 2020, under pressure from Trump, members of OPEC, Russia and other oil-producing nations agreed to the largest production cuts ever negotiated—nearly 10 million barrels a day—as oil demand collapsed during the pandemic. 

This time around, Hamm, now Continental’s executive chairman, and his fellow oil and gas executives, would love to see some of those pesky environmental regulations go bye-bye, including the fines imposed under President Joe Biden’s Inflation Reduction Act on drillers who spew waste methane—a particularly potent greenhouse gas and primary component of so-called natural gas—into the atmosphere.

The purpose of regulating the fossil fuel industry is to ensure Americans clean air and water and at least some hope of escaping the worst ravages of a warming planet. Killing such regulations, and preventing new ones that cost his donors money, is a big part of what this second Trump administration—not to mention the US Supreme Court, with its decisions crippling the automony of federal agencies—is poised to deliver.

Call it Swamp 2.0.

“A Genuine Catastrophe”: Experts React to Trump’s Nomination of Robert F. Kennedy Jr. 

15 November 2024 at 16:59

Public health experts, physicians, and scientists responded with fury and disgust to the news that President-elect Donald Trump will nominate anti-vaccine activist Robert F. Kennedy Jr. to be the secretary of health and human services. If Kennedy—who has also promoted dangerous and ludicrous ideas about fluoride, 5G technology, and the causes of HIV/AIDS, among innumerable other pseudoscientific claims—assumes the position, “the damage he could do is near infinite,” warns Dr. Andrea Love, an immunologist and microbiologist.

“He will do great harm—generational harm.”

The scope of the federal Department of Health and Human Services (HHS) is immense: It sits over 13 other agencies, including the Food and Drug Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Centers for Medicare & Medicaid Services, and the Indian Health Service.

Kennedy, an environmental attorney by training with no background or credentials in medical or public health, is the founder of the anti-vaccine organization Children’s Health Defense. He became one of the loudest voices in the anti-vaccine movement when he began falsely claiming nearly 20 years ago that the shots are tied to autism.

Kennedy’s nomination didn’t come as a surprise. After Kennedy abandoned his own independent presidential campaign, he promptly endorsed Trump’s. As they campaigned together, Trump pledged to let him “go wild on health” in a new administration, as he phrased it, as part of Kennedy’s so-called “Make America Healthy Again” agenda—proposals that amount to dismantling and defunding the government health agencies Kennedy has long railed against.

Having Kennedy in such a powerful role, according to University of Alberta law and public health professor Timothy Caulfield, is “horrifying. A genuine catastrophe.”

“This is a person who has spread deadly lies and conspiracy theories,” Caulfield, the author of several books on pseudoscience’s impact on public health, added. “He ignores evidence. He ignores experts. I have no doubt that he will do great harm—generational harm—to public health, trust in science, and biomedical research. Moreover, at the international level, he will platform, normalize, and legitimize pseudoscience and health misinformation, making it more ubiquitous and difficult to fact check.”

Dr. Peter Hotez, a recognized expert on vaccines and dean of the National School of Tropical Medicine at Baylor College of Medicine, is also deeply concerned. He told Mother Jones that he’s preparing a paper on “what could happen to our vaccine ecosystem,” he said. 

“It could collapse and we could see polio in the wastewater and the return of regular measles and pertussis outbreaks,” he said. “And, of course, preparedness for H5N1 and other pandemic threats could suffer.”

Love, who tracks health misinformation online and recently faced vitriol from people aligned with the MAHA movement, sees a laundry list of threats to public health under a Kennedy-run department. “Honestly,” Love said, “if you look at the purview of HHS secretary, the damage he could do is near infinite. And none of his long history gives any indication he will actually do anything to improve health, especially for those of lower socioeconomic status.”

“I can honestly say it has never been this bad.”

He could “skew, redirect, and reallocate grant and research funding” toward “fringe research,” Love warns, “cut funding for education and public health initiatives like vaccine campaigns or other public health interventions like fluoridation,” and slow or halt regulatory approval “for vaccines, biologics, immunotherapies, and other critical medical interventions.” Because Kennedy has wrongly demonized Covid vaccines as “gene therapy,” Love suspects that he will be hostile to genuine applications of that science—“the leading edge of our research in cancer, autoimmunity, genetic disease, and latent viral infections. The hit to biotech is sure to be substantial.”

“Conversely, he could also loosen regulatory requirements for less-robust wellness interventions like his ‘peptides’ and ‘chelating’ therapies to get those through regulatory and give them an appearance of legitimacy,” she explained.

“This role would give him a global platform to spread misinformation…He can lie, spread falsehoods, and undermine scientific evidence beyond what he’s already done,” Love says. “I would expect he would spread more lies about causes of cancer, the ‘chronic disease’ epidemic, ‘toxic chemicals,’ and more. He can also delay or withhold communicating actual factual information” during public health crises like epidemics.

In charge of HHS, Kennedy could appoint what Love called “unqualified and ideological individuals” within the department and the agencies it oversees, who could “erode and erase these critical agencies from within. He could replace qualified advisory board members with unqualified people, further dismantling these agencies.” 

Not everyone responded negatively to Kennedy’s nomination. Sen. Rand Paul (R-Ky.), himself a physician and former member of a fringe medical group that promoted vaccine suspicion, cheered the news, writing on Twitter/X: “Finally, someone to detox the place after the Fauci era. Get ready for health care freedom and MAHA!” Democratic Colorado Gov. Jared Polis also posted a welcoming message, saying Kennedy “helped us defeat vaccine mandates in Colorado in 2019 and will help make America healthy again by shaking up HHS and FDA.” (A Polis spokesperson later released a statement saying the governor remained “opposed to RFK’s positions on a host of issues, including vaccines and banning fluoridation.”)

Even before Trump tapped him, Kennedy signaled a radical vision to reshape some of the US’ public health agencies to his liking. At an entrepreneurship conference last week, he laid out plans to fire and replace 600 workers at the National Institutes of Health. The NIH declined to comment on the plan, but the Office of Personnel Management, which oversees civil service workers, provided a statement: “OPM and the Biden-Harris Administration have a deep appreciation and respect for our country’s civil servants and the importance of a nonpartisan, merit-based civil service. We cannot comment on the actions of future administrations.” 

Caulfield, the University of Alberta professor, summed up what many medical and public health professionals seem to be feeling as they look toward the prospect of Kennedy taking the job. “As someone who has worked in this space for decades,” he said, “I can honestly say it has never been this bad. It feels like we are stepping toward a new Dark Age.”

Oil Industry Openly Encourages Trump to Roll Back Crucial Climate Policies

15 November 2024 at 11:00

This story was originally published by Inside Climate News and is reproduced here as part of the Climate Desk collaboration.

America’s oil industry released its wish list for the incoming Trump administration on Tuesday, a five-point plan that would eliminate many of the Biden administration’s most far-reaching efforts to reduce climate pollution and limit the warming that is driving ever more destructive and deadly extreme weather.

The list, released by the American Petroleum Institute and coming on the second day of the global United Nations climate conference, does not mention the words “climate change.” The document maintains that the industry group and its members agree on the need to reduce emissions. Yet its requests, if enacted, would remove many of the tools available to the United States to achieve that goal.

Perhaps most importantly, API asked the incoming administration to repeal the tailpipe and fuel economy standards for cars and trucks that aim to cut carbon dioxide emissions in the transportation sector, the nation’s largest source of climate pollution. The list also includes revoking a waiver that allows California and 12 other states to set tougher rules for vehicles. These rules together are expected to speed the nation’s transition to electric vehicles and significantly lower carbon dioxide emissions.

“The API’s wish list demonstrates the fossil fuel industry’s existential threat to life on earth.”

API also called on the Trump administration to issue a new five-year plan to expand offshore oil and gas drilling leases and to repeal rules adopted by the Biden administration that restricted new drilling on public lands. The Biden administration had greatly reduced the amount of new drilling on public lands and in waters offshore. The oil industry also wants the new administration to accelerate permits to export natural gas, a process the Biden administration had put on hold to review its climate impacts.

A top ask is the elimination of a fee on methane emissions from the oil and gas sector, which the Biden administration finalized on Tuesday. Natural gas is largely made of methane, a particularly potent greenhouse gas, and some of it gets released into the atmosphere during oil and gas production.

API’s chief executive, Mike Sommers, said his group would press Congress to enact a bill to ease permitting of major energy projects before the end of this session, and would seek more changes to further speed permitting next year.

The proposal also looks ahead to a looming debate to extend or replace the 2017 tax cuts that expire next year, seeking to maintain the lower corporate tax rate the first Trump administration enacted and the numerous benefits the oil industry enjoys.

In a call with reporters, Sommers said voters had elected Donald Trump with energy and the economy in mind and that the proposals would help increase the nation’s oil and gas production, which climbed substantially under President Joe Biden. The United States is the world’s largest oil and gas producer.

“It is clear that energy was on the ballot, whether it was EV mandates in Michigan or fracking in Pennsylvania,” Sommers said, referring to the Biden administration’s policies to encourage the sale of electric vehicles.

Environmental groups reacted to the proposal with scorn.

“This is a toxic soup of reckless proposals that would benefit the oil and gas industry at the expense of the climate, frontline communities and future generations. We’re prepared to fight them in court,” said Jason Rylander, legal director of the Climate Law Institute at the Center for Biological Diversity. “The API’s wish list demonstrates the fossil fuel industry’s existential threat to life on Earth.”

Some of the requests seem difficult to square with the stated goals of API and many of its members to support the Paris Agreement and its goal of limiting warming.

Sommers said his industry supports the federal regulation of methane, for example, and that some API members support the idea of a methane fee. But the group is united, he said, in its opposition to the fee the Biden administration enacted. Sommers did not elaborate on what type of fee, if any, his group would support.

When asked if API would oppose Trump’s stated desire to withdraw the nation from the Paris Agreement, Sommers declined to answer directly, saying the industry would continue to support cutting emissions while producing more oil and gas regardless of whether the country stays in the global pact.

“It does everything possible to lock us into the fuels of bygone eras.”

Darren Woods, chief executive of ExxonMobil, the nation’s largest oil company, on Tuesday called on the incoming Trump administration to remain in the Paris Agreement, in comments given at COP29, the U.N. climate conference in Azerbaijan

This year is expected to be the hottest on record. Scientists say that in order to meet the Paris Agreement goal of limiting warming to well below 2 degrees Celsius, governments must begin reducing oil and gas production.

Kathy Harris, director of clean vehicles at the Natural Resources Defense Council, said in a statement that the car and truck efficiency standards would save Americans “billions of dollars at the pump, so it’s no surprise that the oil industry would want to gut them.” She added, “Drivers, auto companies, and workers are all benefitting from these standards. For their sake, they should be preserved.”

Anne Rolfes, director of the Louisiana Bucket Brigade, said in an email, “This agenda looks like something written in the 1900s.” Rolfes’ group has campaigned against building new pipelines and export projects along the Gulf Coast because of their impact on communities and the environment. “It does not reflect the technologies that are available now, and forfeits American leadership in so many areas, including high mileage and electric vehicles. It does everything possible to lock us into the fuels of bygone eras.”

Oil executives were prominent donors to Trump’s campaign, and the industry is likely to find a partner in a new Trump administration on many fronts. Yet some signs of possible friction emerged during the Tuesday call. Sommers indicated his industry might oppose efforts to implement new tariffs, for example, if they restrict the free flow of oil and gas across national borders. The imposition of new tariffs was one of Trump’s central campaign promises.

Many of the steps sought by API could be taken through administrative action, but some, including the repeal of the fee on methane emissions from oil and gas equipment, would require congressional action. Either way, they will be sure to face new lawsuits from environmental groups, which were able to delay or stymie many similar efforts by the first Trump administration.

“A Genuine Catastrophe”: Experts React to Trump’s Nomination of Robert F. Kennedy Jr. 

15 November 2024 at 16:59

Public health experts, physicians, and scientists responded with fury and disgust to the news that President-elect Donald Trump will nominate anti-vaccine activist Robert F. Kennedy Jr. to be the secretary of health and human services. If Kennedy—who has also promoted dangerous and ludicrous ideas about fluoride, 5G technology, and the causes of HIV/AIDS, among innumerable other pseudoscientific claims—assumes the position, “the damage he could do is near infinite,” warns Dr. Andrea Love, an immunologist and microbiologist.

“He will do great harm—generational harm.”

The scope of the federal Department of Health and Human Services (HHS) is immense: It sits over 13 other agencies, including the Food and Drug Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, the Centers for Medicare & Medicaid Services, and the Indian Health Service.

Kennedy, an environmental attorney by training with no background or credentials in medical or public health, is the founder of the anti-vaccine organization Children’s Health Defense. He became one of the loudest voices in the anti-vaccine movement when he began falsely claiming nearly 20 years ago that the shots are tied to autism.

Kennedy’s nomination didn’t come as a surprise. After Kennedy abandoned his own independent presidential campaign, he promptly endorsed Trump’s. As they campaigned together, Trump pledged to let him “go wild on health” in a new administration, as he phrased it, as part of Kennedy’s so-called “Make America Healthy Again” agenda—proposals that amount to dismantling and defunding the government health agencies Kennedy has long railed against.

Having Kennedy in such a powerful role, according to University of Alberta law and public health professor Timothy Caulfield, is “horrifying. A genuine catastrophe.”

“This is a person who has spread deadly lies and conspiracy theories,” Caulfield, the author of several books on pseudoscience’s impact on public health, added. “He ignores evidence. He ignores experts. I have no doubt that he will do great harm—generational harm—to public health, trust in science, and biomedical research. Moreover, at the international level, he will platform, normalize, and legitimize pseudoscience and health misinformation, making it more ubiquitous and difficult to fact check.”

Dr. Peter Hotez, a recognized expert on vaccines and dean of the National School of Tropical Medicine at Baylor College of Medicine, is also deeply concerned. He told Mother Jones that he’s preparing a paper on “what could happen to our vaccine ecosystem,” he said. 

“It could collapse and we could see polio in the wastewater and the return of regular measles and pertussis outbreaks,” he said. “And, of course, preparedness for H5N1 and other pandemic threats could suffer.”

Love, who tracks health misinformation online and recently faced vitriol from people aligned with the MAHA movement, sees a laundry list of threats to public health under a Kennedy-run department. “Honestly,” Love said, “if you look at the purview of HHS secretary, the damage he could do is near infinite. And none of his long history gives any indication he will actually do anything to improve health, especially for those of lower socioeconomic status.”

“I can honestly say it has never been this bad.”

He could “skew, redirect, and reallocate grant and research funding” toward “fringe research,” Love warns, “cut funding for education and public health initiatives like vaccine campaigns or other public health interventions like fluoridation,” and slow or halt regulatory approval “for vaccines, biologics, immunotherapies, and other critical medical interventions.” Because Kennedy has wrongly demonized Covid vaccines as “gene therapy,” Love suspects that he will be hostile to genuine applications of that science—“the leading edge of our research in cancer, autoimmunity, genetic disease, and latent viral infections. The hit to biotech is sure to be substantial.”

“Conversely, he could also loosen regulatory requirements for less-robust wellness interventions like his ‘peptides’ and ‘chelating’ therapies to get those through regulatory and give them an appearance of legitimacy,” she explained.

“This role would give him a global platform to spread misinformation…He can lie, spread falsehoods, and undermine scientific evidence beyond what he’s already done,” Love says. “I would expect he would spread more lies about causes of cancer, the ‘chronic disease’ epidemic, ‘toxic chemicals,’ and more. He can also delay or withhold communicating actual factual information” during public health crises like epidemics.

In charge of HHS, Kennedy could appoint what Love called “unqualified and ideological individuals” within the department and the agencies it oversees, who could “erode and erase these critical agencies from within. He could replace qualified advisory board members with unqualified people, further dismantling these agencies.” 

Not everyone responded negatively to Kennedy’s nomination. Sen. Rand Paul (R-Ky.), himself a physician and former member of a fringe medical group that promoted vaccine suspicion, cheered the news, writing on Twitter/X: “Finally, someone to detox the place after the Fauci era. Get ready for health care freedom and MAHA!” Democratic Colorado Gov. Jared Polis also posted a welcoming message, saying Kennedy “helped us defeat vaccine mandates in Colorado in 2019 and will help make America healthy again by shaking up HHS and FDA.” (A Polis spokesperson later released a statement saying the governor remained “opposed to RFK’s positions on a host of issues, including vaccines and banning fluoridation.”)

Even before Trump tapped him, Kennedy signaled a radical vision to reshape some of the US’ public health agencies to his liking. At an entrepreneurship conference last week, he laid out plans to fire and replace 600 workers at the National Institutes of Health. The NIH declined to comment on the plan, but the Office of Personnel Management, which oversees civil service workers, provided a statement: “OPM and the Biden-Harris Administration have a deep appreciation and respect for our country’s civil servants and the importance of a nonpartisan, merit-based civil service. We cannot comment on the actions of future administrations.” 

Caulfield, the University of Alberta professor, summed up what many medical and public health professionals seem to be feeling as they look toward the prospect of Kennedy taking the job. “As someone who has worked in this space for decades,” he said, “I can honestly say it has never been this bad. It feels like we are stepping toward a new Dark Age.”

Oil Industry Openly Encourages Trump to Roll Back Crucial Climate Policies

15 November 2024 at 11:00

This story was originally published by Inside Climate News and is reproduced here as part of the Climate Desk collaboration.

America’s oil industry released its wish list for the incoming Trump administration on Tuesday, a five-point plan that would eliminate many of the Biden administration’s most far-reaching efforts to reduce climate pollution and limit the warming that is driving ever more destructive and deadly extreme weather.

The list, released by the American Petroleum Institute and coming on the second day of the global United Nations climate conference, does not mention the words “climate change.” The document maintains that the industry group and its members agree on the need to reduce emissions. Yet its requests, if enacted, would remove many of the tools available to the United States to achieve that goal.

Perhaps most importantly, API asked the incoming administration to repeal the tailpipe and fuel economy standards for cars and trucks that aim to cut carbon dioxide emissions in the transportation sector, the nation’s largest source of climate pollution. The list also includes revoking a waiver that allows California and 12 other states to set tougher rules for vehicles. These rules together are expected to speed the nation’s transition to electric vehicles and significantly lower carbon dioxide emissions.

“The API’s wish list demonstrates the fossil fuel industry’s existential threat to life on earth.”

API also called on the Trump administration to issue a new five-year plan to expand offshore oil and gas drilling leases and to repeal rules adopted by the Biden administration that restricted new drilling on public lands. The Biden administration had greatly reduced the amount of new drilling on public lands and in waters offshore. The oil industry also wants the new administration to accelerate permits to export natural gas, a process the Biden administration had put on hold to review its climate impacts.

A top ask is the elimination of a fee on methane emissions from the oil and gas sector, which the Biden administration finalized on Tuesday. Natural gas is largely made of methane, a particularly potent greenhouse gas, and some of it gets released into the atmosphere during oil and gas production.

API’s chief executive, Mike Sommers, said his group would press Congress to enact a bill to ease permitting of major energy projects before the end of this session, and would seek more changes to further speed permitting next year.

The proposal also looks ahead to a looming debate to extend or replace the 2017 tax cuts that expire next year, seeking to maintain the lower corporate tax rate the first Trump administration enacted and the numerous benefits the oil industry enjoys.

In a call with reporters, Sommers said voters had elected Donald Trump with energy and the economy in mind and that the proposals would help increase the nation’s oil and gas production, which climbed substantially under President Joe Biden. The United States is the world’s largest oil and gas producer.

“It is clear that energy was on the ballot, whether it was EV mandates in Michigan or fracking in Pennsylvania,” Sommers said, referring to the Biden administration’s policies to encourage the sale of electric vehicles.

Environmental groups reacted to the proposal with scorn.

“This is a toxic soup of reckless proposals that would benefit the oil and gas industry at the expense of the climate, frontline communities and future generations. We’re prepared to fight them in court,” said Jason Rylander, legal director of the Climate Law Institute at the Center for Biological Diversity. “The API’s wish list demonstrates the fossil fuel industry’s existential threat to life on Earth.”

Some of the requests seem difficult to square with the stated goals of API and many of its members to support the Paris Agreement and its goal of limiting warming.

Sommers said his industry supports the federal regulation of methane, for example, and that some API members support the idea of a methane fee. But the group is united, he said, in its opposition to the fee the Biden administration enacted. Sommers did not elaborate on what type of fee, if any, his group would support.

When asked if API would oppose Trump’s stated desire to withdraw the nation from the Paris Agreement, Sommers declined to answer directly, saying the industry would continue to support cutting emissions while producing more oil and gas regardless of whether the country stays in the global pact.

“It does everything possible to lock us into the fuels of bygone eras.”

Darren Woods, chief executive of ExxonMobil, the nation’s largest oil company, on Tuesday called on the incoming Trump administration to remain in the Paris Agreement, in comments given at COP29, the U.N. climate conference in Azerbaijan

This year is expected to be the hottest on record. Scientists say that in order to meet the Paris Agreement goal of limiting warming to well below 2 degrees Celsius, governments must begin reducing oil and gas production.

Kathy Harris, director of clean vehicles at the Natural Resources Defense Council, said in a statement that the car and truck efficiency standards would save Americans “billions of dollars at the pump, so it’s no surprise that the oil industry would want to gut them.” She added, “Drivers, auto companies, and workers are all benefitting from these standards. For their sake, they should be preserved.”

Anne Rolfes, director of the Louisiana Bucket Brigade, said in an email, “This agenda looks like something written in the 1900s.” Rolfes’ group has campaigned against building new pipelines and export projects along the Gulf Coast because of their impact on communities and the environment. “It does not reflect the technologies that are available now, and forfeits American leadership in so many areas, including high mileage and electric vehicles. It does everything possible to lock us into the fuels of bygone eras.”

Oil executives were prominent donors to Trump’s campaign, and the industry is likely to find a partner in a new Trump administration on many fronts. Yet some signs of possible friction emerged during the Tuesday call. Sommers indicated his industry might oppose efforts to implement new tariffs, for example, if they restrict the free flow of oil and gas across national borders. The imposition of new tariffs was one of Trump’s central campaign promises.

Many of the steps sought by API could be taken through administrative action, but some, including the repeal of the fee on methane emissions from oil and gas equipment, would require congressional action. Either way, they will be sure to face new lawsuits from environmental groups, which were able to delay or stymie many similar efforts by the first Trump administration.

Private Calls and Campaign Cash: Louisiana Regulators’ Ties to the Utilities They Oversee

This story was reported by Floodlight, a nonprofit newsroom that investigates the powerful interests stalling climate action.

This past April, days before a Louisiana Public Service Commission (PSC) meeting at a remote lakefront resort, the state’s largest power company dropped a bombshell. Entergy asked the five commissioners to vote—four months ahead of a schedule—on an ambitious resilience plan slated to cost nearly $2 billion.

A Louisiana consumer watchdog group and the state’s refineries and chemical plants formally objected, saying the process was “unnecessarily fast-tracked” and that Entergy had provided “insufficient information” to evaluate the plan, which included replacing and strengthening utility poles and power lines and protecting substations from flooding.

Despite these objections, Entergy’s plan was added to the agenda. “This is [a] wholly undemocratic process,” James Hiatt, an environmental activist, protested to the panel. “Why does it need to be rushed through today?” 

Shortly before the meeting, Entergy’s big industrial customers, including Chevron and ExxonMobil, dropped their opposition to the plan after the PSC shifted millions of dollars of the cost onto Entergy’s residential and commercial ratepayers. 

Commissioners Davante Lewis and Foster Campbell, blindsided by the change, pushed their colleagues for a postponement. They were overruled, and the plan was approved.

The sale of Entergy Louisiana’s gas distribution system to Bernhard Capital Partners, a private equity group, was approved in August by the Louisiana Public Service Commission, whose members have received at least $200,000 in campaign contributions from Bernhard since 2017.
Entergy Louisiana

This last-minute decision to saddle ratepayers with a greater share of the utility’s costs, exemplifies the imbalance of power in Louisiana and what’s at stake in the upcoming election for an open PSC seat. Whoever wins will replace Republican Craig Greene, a critical swing vote on the commission.  

“Most residents in Louisiana have no idea who’s making the decisions about how much their utility bills cost,” said Logan Atkinson Burke, executive director of the Louisiana-based consumer group Alliance for Affordable Energy. “You can’t possibly say residents have the same voice the fossil industry and utilities do.”

“I don’t know of another public service commission that has the level of authority and the breadth and depth of jurisdiction without…any other controls.”

One possible reason for the power imbalance: Over the past decade, nearly 43 percent, or about $3.5 million, of all $250-plus campaign donations to Louisiana’s commissioners came from utilities, energy-related businesses, and their attorneys and lobbyists, according to a Floodlight analysis of elected utility commissioners in multiple states. “It’s probably as close to bribery as you could possibly get and call it legal,” said Simon Mahan, executive director of the Southern Renewable Energy Association. 

The PSC, in turn, has resisted measures that could curb utility profits, such as requiring them to encourage energy efficiency or add renewable energy to the power mix—actions that could not only save ratepayers money, but also help reduce greenhouse gas emissions in one of the states most affected by climate change. 

Beyond the campaign donations, Louisiana law lets its commissioners engage in unreported private chats with representatives of the utilities they regulate—”ex parte” communications that are banned or subject to strict reporting requirements in many other states. This can work both ways, said commissioner Lewis, who described such conversations as “very frequent and very deliberate.” He can reach out to the utilities to say he disagrees with their stance on certain issues, for example. But absent any restrictions, “I do think it is a little bit harmful to the people of Louisiana.”

According to David Cruthirds, a regulatory attorney who spent 11 years observing and writing about utility commissions, including Louisiana’s, giving companies such unfettered access is “basically as if a criminal defendant can talk with a jury and judge behind the scenes without anyone knowing about it.”

“I don’t know of another public service commission that has the level of authority and the breadth and depth of jurisdiction without any—I don’t want to use the word ‘oversight’—but any other controls,” Burke said. 

Louisiana is one of only 10 states with elected utility commissioners. According to data Floodlight analyzed in its months-long investigation, its commissioners receive more campaign cash from utility and oil and gas interests than their counterparts in any other of those states except Alabama. 

Since 2014, the investigation found, power companies and fossil fuel interests have given a total of $13.5 million to elected utility regulators in nine of those 10 states—about 35 percent of all direct campaign contributions of $250 or more. (The remaining state, Nebraska, was excluded from the analysis because it has no private electric utilities.) That total does not count the millions of dollars funneled through political nonprofits that are not required to report their donors. (Hence the expression “dark money.”)

Over the past decade, Floodlight found, Entergy Louisiana, its executives, and their family members, gave about $350,000 to PSC commissioners. For Cleco, the state’s second largest electric utility, the total was $206,000. (Neither company responded to requests for comment.)

Commissioners who responded to Floodlight’s inquiries insisted that such contributions don’t influence their decisions. “Hell no, I do what I want,” said Campbell, who has been on Louisiana’s PSC for 21 years. Over the last decade, he’s received more than one-third of his financial support from utilities and fossil fuel sources.

Commissioner Mike Francis, who has received half of his contributions from the same sources, says utilities support him because he’s making sound, business-centered decisions.

Louisiana’s utility commission is not overseen or directed by the legislature or the governor and is therefore uniquely situated to cut greenhouse gas emissions in the oil-friendly state by reducing its reliance on fossil fuels to produce electricity. But it rarely does.

In fact, based on figures from the US Energy Information Administration, Louisiana is tied for last among the 50 states for renewable energy use, with just 3 percent of its electricity coming from renewable resources. 

In recent years, however, some commissioners have begun advocating for renewables and greater sustainability—namely Lewis, fellow Democrat Campbell, and swing Republican member Greene, whose seat is up for grabs. 

In January, these three commissioners outvoted their colleagues to pass an energy efficiency program operated by an independent third party. Of the five commissioners, they are the ones who got the smallest share of their financial support from fossil fuel companies and utilities—Lewis has received just 11 percent, while Campbell and Greene each received 34 percent.

Opposing them on the energy efficiency issue were Mike Francis and Eric Skrmetta, who each got at least half of their support from those vested interests. Skrmetta even filibustered for nearly two hours while members of the audience at the meeting where the issue was decided chanted, “Vote! Vote! Vote!” 

The candidates running to replace Greene include Jean-Paul Coussan, who has received 27 percent of his funding from utility and fossil fuel interests as of October 31, and Julie Quinn, with 26 percent. A third candidate, Nick Laborde, says he’s refusing all such donations and has received none to date.

Private Calls and Campaign Cash: Louisiana Regulators’ Ties to the Utilities They Oversee

This story was reported by Floodlight, a nonprofit newsroom that investigates the powerful interests stalling climate action.

This past April, days before a Louisiana Public Service Commission (PSC) meeting at a remote lakefront resort, the state’s largest power company dropped a bombshell. Entergy asked the five commissioners to vote—four months ahead of a schedule—on an ambitious resilience plan slated to cost nearly $2 billion.

A Louisiana consumer watchdog group and the state’s refineries and chemical plants formally objected, saying the process was “unnecessarily fast-tracked” and that Entergy had provided “insufficient information” to evaluate the plan, which included replacing and strengthening utility poles and power lines and protecting substations from flooding.

Despite these objections, Entergy’s plan was added to the agenda. “This is [a] wholly undemocratic process,” James Hiatt, an environmental activist, protested to the panel. “Why does it need to be rushed through today?” 

Shortly before the meeting, Entergy’s big industrial customers, including Chevron and ExxonMobil, dropped their opposition to the plan after the PSC shifted millions of dollars of the cost onto Entergy’s residential and commercial ratepayers. 

Commissioners Davante Lewis and Foster Campbell, blindsided by the change, pushed their colleagues for a postponement. They were overruled, and the plan was approved.

The sale of Entergy Louisiana’s gas distribution system to Bernhard Capital Partners, a private equity group, was approved in August by the Louisiana Public Service Commission, whose members have received at least $200,000 in campaign contributions from Bernhard since 2017.
Entergy Louisiana

This last-minute decision to saddle ratepayers with a greater share of the utility’s costs, exemplifies the imbalance of power in Louisiana and what’s at stake in the upcoming election for an open PSC seat. Whoever wins will replace Republican Craig Greene, a critical swing vote on the commission.  

“Most residents in Louisiana have no idea who’s making the decisions about how much their utility bills cost,” said Logan Atkinson Burke, executive director of the Louisiana-based consumer group Alliance for Affordable Energy. “You can’t possibly say residents have the same voice the fossil industry and utilities do.”

“I don’t know of another public service commission that has the level of authority and the breadth and depth of jurisdiction without…any other controls.”

One possible reason for the power imbalance: Over the past decade, nearly 43 percent, or about $3.5 million, of all $250-plus campaign donations to Louisiana’s commissioners came from utilities, energy-related businesses, and their attorneys and lobbyists, according to a new Floodlight analysis of elected utility commissioners in multiple states. “It’s probably as close to bribery as you could possibly get and call it legal,” said Simon Mahan, executive director of the Southern Renewable Energy Association. 

The PSC, in turn, has resisted measures that could curb utility profits, such as requiring them to encourage energy efficiency or add renewable energy to the power mix—actions that could not only save ratepayers money, but also help reduce greenhouse gas emissions in one of the states most affected by climate change. 

Beyond the campaign donations, Louisiana law lets its commissioners engage in unreported private chats with representatives of the utilities they regulate—”ex parte” communications that are banned or subject to strict reporting requirements in many other states. This can work both ways, said commissioner Lewis, who described such conversations as “very frequent and very deliberate.” He can reach out to the utilities to say he disagrees with their stance on certain issues, for example. But absent any restrictions, “I do think it is a little bit harmful to the people of Louisiana.”

According to David Cruthirds, a regulatory attorney who spent 11 years observing and writing about utility commissions, including Louisiana’s, giving companies such unfettered access is “basically as if a criminal defendant can talk with a jury and judge behind the scenes without anyone knowing about it.”

“I don’t know of another public service commission that has the level of authority and the breadth and depth of jurisdiction without any—I don’t want to use the word ‘oversight’—but any other controls,” Burke said. 

Louisiana is one of only 10 states with elected utility commissioners. According to data Floodlight analyzed in its months-long investigation, its commissioners receive more campaign cash from utility and oil and gas interests than their counterparts in any other of those states except Alabama. 

Since 2014, the investigation found, power companies and fossil fuel interests have given a total of $13.5 million to elected utility regulators in nine of those 10 states—about 35 percent of all direct campaign contributions of $250 or more. (The remaining state, Nebraska, was excluded from the analysis because it has no private electric utilities.) That total does not count the millions of dollars funneled through political nonprofits that are not required to report their donors—hence the expression “dark money.”

Over the past decade, Floodlight found, Entergy Louisiana, its executives, and their family members, gave about $350,000 to PSC commissioners. For Cleco, the state’s second largest electric utility, the total was $206,000. (Neither company responded to requests for comment.)

Commissioners who responded to Floodlight’s inquiries insisted that such contributions don’t influence their decisions. “Hell no, I do what I want,” said Campbell, who has been on Louisiana’s PSC for 21 years. Over the last decade, he’s received more than one-third of his financial support from utilities and fossil fuel sources.

Commissioner Mike Francis, who has received half of his contributions from the same sources, says utilities support him because he’s making sound, business-centered decisions.

Louisiana’s utility commission is not overseen or directed by the legislature or the governor and is therefore uniquely situated to cut greenhouse gas emissions in the oil-friendly state by reducing its reliance on fossil fuels to produce electricity. But it rarely does.

In fact, based on figures from the US Energy Information Administration, Louisiana is tied for last among the 50 states for renewable energy use, with just 3 percent of its electricity coming from renewable resources. 

In recent years, however, some commissioners have begun advocating for renewables and greater sustainability—namely Lewis, fellow Democrat Campbell, and swing Republican member Greene, whose seat is up for grabs. 

In January, these three commissioners outvoted their colleagues to pass an energy efficiency program operated by an independent third party. Of the five commissioners, they are the ones who got the smallest share of their financial support from fossil fuel companies and utilities—Lewis has received just 11 percent, while Campbell and Greene each received 34 percent.

Opposing them on the energy efficiency issue were Mike Francis and Eric Skrmetta, who each got at least half of their support from those vested interests. Skrmetta even filibustered for nearly two hours while members of the audience at the meeting where the issue was decided chanted, “Vote! Vote! Vote!” 

The candidates running to replace Greene include Jean-Paul Coussan, who has received 27 percent of his funding from utility and fossil fuel interests as of October 31, and Julie Quinn, with 26 percent. A third candidate, Nick Laborde, says he’s refusing all such donations and has received none to date.

Utility Regulators Take Millions From Industries They Oversee. What Could Go Wrong?

This story was reported by Floodlight, a nonprofit newsroom that investigates the powerful interests stalling climate action.

It was 2:30 in the morning on November 6, 2014, when flames engulfed the New Orleans home of political consultant Mario Zervigon. Someone had lit his cars on fire, and the flames spread to his house. Zervigon and his family barely made it out of the three-unit building alive. Multiple cats didn’t. 

Law enforcement deemed it arson and investigated whether the fire was related to Zerivigon’s campaign work. (They would ultimately close the case without naming a suspect.) The night before, Zervigon had celebrated the primary election victory of one of his clients for a seat on Louisiana’s Public Service Commission (PSC), a down-ballot position with vast power over the state’s oil, gas, and utility companies.

The candidate, Forest Bradley-Wright, was running as a Republican on a reform platform. He had rejected donations from companies the PSC oversees—a rarity in Louisiana. But the firebombing rattled his campaign. Zervigon took a leave of absence, Bradley-Wright’s fundraising flagged, and another candidate, who had received generous support from the companies in question, eked out a 1.6 percent win in the general election. 

Bradley-Wright now says he believes the firebombing was an act of “political terrorism” meant “to intimidate or at least cripple my campaign.” He argues the incident is worth revisiting because it shows just how high the stakes can get in the election of regulators charged with making, in some cases, billion-dollar decisions and shaping a state’s energy policies. 

“Public utility commissions—especially in the context of climate change—are really important institutions that most people aren’t even aware exist,” said Jared Heern, a Brown University researcher who studies the relationship between the commissions and the industries they regulate. 

But fossil fuel companies and electric utilities, and their lawyers and consultants, are well aware of their importance. 

A new Floodlight analysis of campaign finance data in nine of the 10 states that elect their commissioners found that more than a third of their campaign contributions of $250 and up came from fossil fuel and electric utility interests—more than $13.5 million in all. The analysis covered contributions to the 54 commissioners elected in the 10 years ending on December 31, 2023.

On Tuesday, voters will choose among 33 candidates vying for utility commission seats in eight of those states. 

The states examined were Alabama, Arizona, Georgia, Louisiana, Mississippi, Montana, North Dakota, Oklahoma, and South Dakota. Nebraska, which elects its commissioners but has no private electric utilities, was excluded. (In the remaining 40 states, utility regulators are appointed by governors and/or legislative leaders.)

Topping the influence list is Alabama, where commissioners get almost 55 percent of their financial support from fossil fuel and utility interests. Louisiana is second, with nearly 43 percent. Overall, those sources contribute more than twice as much as the renewables industry does to elect commissioners they believe will be friendly to their interests. The renewables donations accounted for only $5.1 million, or 13 percent, of the roughly $39 million analyzed.

These findings suggest that the electoral influence of fossil fuel and utility contributors may be interfering with some states’ ability to decarbonize, with consequences for consumers and the environment alike.

Indeed, a number of the states are located in the sun belt, making them ideal for solar energy development, yet their commissioners’ decisions have ensured that only a tiny fraction of their power mix comes from the sun. In some cases, commissioners appear openly hostile to the adoption of renewables, far more of which will be needed to limit the catastrophic effects of climate change.

This failure to adapt is a bad deal for homeowners and businesses. Residential energy bills in Alabama, for example, exceed the national average by $32 a month, and bills in Georgia, Louisiana, and Mississippi have increased faster than the national average over the past five years, according to data from Findenergy.com. This year in Arizona, power bills spiked amid the state’s hottest summer on record. And in Oklahoma, commissioners approved so many fracking applications that the state briefly led the country in earthquakes. 

“It's kind of ludicrous on its face,” said journalist David Roberts, who hosts an energy policy podcast called  Volts, “that commercial entities directly regulated by these people are allowed to give these people money.”

In fact, laws in Alabama, Georgia, and Mississippi prohibit regulated utilities from making direct campaign contributions to commissioners. But in all of those states, Floodlight’s analysis found, contractors, attorneys, or political action committees closely aligned with the utilities keep the money flowing. “(When) the people regulating the utility are essentially propped up by the utility itself, it's problematic,” said Ari Peskoe, director of the Electricity Law initiative at Harvard University. “I think everybody can recognize that as a conflict of interest.” 

The coal-fired James H. Miller Jr. Electrical Generating Plant in Jefferson County, Alabama, a state tied for last place in its adoption of renewable energy sources.Lee Hedgepeth/Inside Climate News

It also turns out that the commissioners who get a large share of their campaign cash from sources linked to fossil fuel firms and utilities tend to stay in office longer than their colleagues. 

Nationwide, utility commissioners serve 5.9 years on average. In states where they are elected, these officials became more entrenched, serving 7.4 years—and a whopping 9.2 years in states where fossil fuel and utility interests account for at least 30 percent of their campaign contributions, according to Floodlight’s analysis of data provided by Heern. 

Consider Alabama PSC member Jeremy Oden. During his 12 years in office, Oden, a Republican, received about $1.3 million, roughly 80 percent of his campaign funds, from sources with links to fossil fuel companies and utilities. 

While Alabama commissioners cannot take money directly from the companies they oversee, our analysis and leaked records revealed that Oden’s top donors were political action committees operated by accountants with long-standing ties to consultants for Alabama Power, the state's largest utility. 

Oden did not respond to requests for comment. Tim Whitt, a principal of the campaign committee to elect Oden, provided a written statement. “All of his campaign contributions have been received and reported in accordance with Alabama law,” it stated, adding: “Commissioner Oden has not received any campaign contributions from regulated utilities.”

The cash flowing into Oden’s campaign coffer has come in handy for tight races, like the first round of the Republican primary in May 2022. If he won the primary, Oden, already in office for a decade at the time, would be certain to win the general election in deep red Alabama.

The three Republicans running against him were calling for more renewable energy and cheaper bills. Alabama, a state with strong solar potential, generates less power from rooftop solar than even low-potential states such as Maine and Michigan. It also has very little utility-scale solar, and saddles utility ratepayers with some of the nation’s highest electric bills. 

So what did Oden do? He took to the airwaves, appearing in TV ads dressed in hunting gear and wielding a shotgun. Calling himself “a Christian conservative pro-Trump Republican,” who “would always fight and defend our God-given Second Amendment rights,” the bald, bespectacled commissioner took aim, but not at his opponents: “With your help, I’ll shoot down Biden’s Green New Deal and keep the left from jacking up our energy prices,” Oden narrated over footage of him downing clay pigeons. 

Alabama PSC commissioner Jeremy Oden takes some rhetorical potshots at the Green New Deal in a campaign ad.

Bolstered by his advertising budget, he won 34 percent of the vote in the four-candidate field before going on to clinch the primary runoff, and later, the general election. 

As a commissioner, Oden has taken aim at clean energy, imposing steep fees on families who install home solar panels, making it a bad investment choice even though those households were using far less utility-generated power than before. And he voted for a series of rate increases that have led to Alabama having the Deep South’s second highest energy prices

Oden and his fellow commissioners have also blocked utility-scale solar and battery storage projects, even some requested by Alabama Power. Such moves—raising the cost of electricity while preventing customers from generating their own—benefit the shareholders and top officials of the utilities Oden is charged with regulating. 

“The influence of money in [utility commission] elections is very high because in a vacuum of information, whoever has the most money gets their message out the best,” said Joshua Basseches, an assistant professor at Tulane University who studies energy and climate policy. “In theory, the elected commissioners would be less susceptible to regulatory capture, because they would have to face the voters,” but "in practice, what happens is that these are very low-visibility elections.” 

Voters, in other words, have little to go on.

Residents packed the house at a November 2019 Public Service Commission meeting to discuss Alabama Power Co.'s proposed fees for rooftop solar households.Solomon Crenshaw Jr./BirminghamWatch

Utility commissions, writ broadly, are charged with overseeing the complex activities and fielding the demands of massive energy conglomerates that the state has granted regional monopoly powers. Commissioners vet new projects, monitor utility financials, and evaluate rate hike requests. The companies, meanwhile, are ensured a guaranteed return on investment, which averages about 10 percent nationally. 

Though each commission is different, their basic mission is the same: to ensure a safe and reliable grid and affordable energy for consumers. But sometimes the relationship between regulator and regulated gets a little too cozy, a phenomenon economists call “regulatory capture.”

“Investments in political candidates—and particularly for economic regulators like a utility commissioner—there's no better market return,” said Tyson Slocum, director of the energy program at Public Citizen, a consumer-advocacy nonprofit . “The amount of benefit that a utility can get, that a fossil fuel interest can get, from a friendly regulator, is better than anything that the stock market can provide.”

Regulatory capture can be costly to consumers. Since 2017, electricity bills in Georgia have increased by about $45 a month, more than double the national average, according to data from FindEnergy.com. Electricity rates, which constitute just a portion of the bill, have kept pace with the national average. Most of the increase is due to surcharges to pay for the $35 billion buildout of a nuclear generating station originally forecast to cost $14 billion.

Commissioner Bob Anthony deemed one PSC decision “the largest fleecing of the Oklahoma ratepayer in the history of the state.” Asked why his colleagues voted for it, he said: “Follow the money."

Back in 2012, when the Nuclear Regulatory Commission gave Georgia Power permission to build two new reactors at Plant Vogtle, the state’s utility commissioners were receiving 70 percent of their campaign support from companies or people that stood to benefit financially, or not, from their decisions, the Atlanta Journal-Constitution reported.

Over the next decade, the five commissioners approved $3.2 billion in cost overruns. ”This nuclear expansion does not make sense. It’s way over budget, way behind schedule,” Jennette Gayer, director of the nonprofit Environment Georgia, told Floodlight. 

Although Georgia law bars utilities from donating in PSC elections, nearly one-third of the campaign contributions to its commissioners since 2014 have come from fossil fuel and utility interests. Among the donors are Georgia Power executives, regulatory attorneys with business before the commission, and construction companies that specialize in utility work.

Thanks to a series of legal battles, Georgia hasn’t held elections for its PSC since 2020, and sitting commissioners have not had to disclose their campaign contributions since 2021. “The commissioners follow all campaign finance laws,” said PSC spokesman Tom Krause. “This includes disclosure of all donors and donated amounts as required by state and federal law.”

A rooftop solar installation in Hiram, Georgia. Despite an abundance of sun potential, Georgia is among the Deep South states that have been very slow to embrace solar power.Deidra Hodges/US DOE via Wikimedia Commons

Critics have also pointed to Oklahoma as a place where commissioners’ close relationships to the companies they oversee might be harming residents. Members of the state Corporation Commission (utility commissions go by various names) have taken in more than $1 million—nearly 35 percent of donations of $250 or more over the last decade—from sources linked to fossil fuel firms and utilities.

In 2022, the commission rapidly approved a plan for ratepayers to shoulder historic increases on their gas bills. The decision followed 2021’s Winter Storm Uri, which depleted the state’s gas reserves, forcing utilities to purchase gas on the spot market at exorbitant prices. The $3 average cost for 1,000 cubic feet of gas skyrocketed to $1,200 for a brief time, saddling the utilities with $3 billion in extra costs.

“What’s the result of all this fossil fuel industry money? ... Very little renewable energy, and in some cases, like Alabama and Mississippi, overt hostility.”

The companies  wanted to pass that loss along to their ratepayers. After the Legislature passed a bill allowing them to issue bonds to finance the debt, the corporation commissioners gave the utilities exactly what they wanted. “We paid more for natural gas in three days than we do in a year,” said Nick Singer, a leader with VOICE Oklahoma, a civic engagement coalition. “And they just created a debt instrument to put it on the backs of ratepayers for the next 25 years. And they did it in a couple months.”

This spring, Oklahoma’s attorney general filed a pair of lawsuits against gas pipeline firms, alleging they helped bid up prices to historic highs during the storm. Commissioner Bob Anthony was the only one of the state’s three commissioners to vote against securitization. In a July op-ed in the Oklahoman, he called the panel’s vote “the largest fleecing of the Oklahoma ratepayer in the history of the state.” 

Asked why his fellow commissioners voted the other way, Anthony, who is serving his final term, told Floodlight: “Follow the money, that’s the heart of it.”

“Correlation does not necessarily determine causation,” Trey Davis, a spokesman for the commission responded in an email, “and, while you might want to argue a majority decision is analogous to some form of quid-pro-quo, you do not appear to have provided any substance in support of what is tantamount to a spurious and seemingly subliminal allegation.”

Almost all of the states that elect their commissioners are led by Republicans—only Arizona has a Democratic governor. The Deep South states in particular stand out for their dearth of renewable energy.

According to the US Energy Information Administration, Alabama, Louisiana, and Mississippi all derive less than 1 percent of their electricity from solar despite ample solar potential in those states. (Utility-scale solar is the cheapest form of energy currently available.) That’s less than one-quarter of the national average.

In Mississippi, where PSC members got 12 percent of their campaign cash from fossil fuel interests, commissioners are openly dismissive of calls to improve the state’s 37th-place solar energy ranking. During an August “solar summit,” two commissioners abruptly cut off public discussion and ended the session early after pro-solar representatives stood up to speak. 

“What’s the result of all this fossil fuel industry money in commission elections?” said Daniel Tait, research and communications director for the Energy and Policy Institute, a utility watchdog. “Very little renewable energy, and in some cases, like Alabama and Mississippi, overt hostility.”

Several utilities in Arizona and Alabama have been caught making large, unreported, and difficult-to-trace dark money contributions to support commissioner candidates.

One state recently switched how it picks energy regulators. New Mexico, a Democratically controlled state with a powerful oil and gas industry, transitioned from electing commissioners to appointing them in 2023. The state law governing the transition also required commissioners to have degrees in fields related to energy. 

Its fresh slate of appointed commissioners has since approved a rate increase for the primary utility, the Public Service Company of New Mexico—but the amount was only about a quarter of what the utility requested. They also ordered PNM to return some $115 million in excess profits to its ratepayers. (The utility has appealed the latter decision to the state Supreme Court.)

One energy activist now says she preferred the elected commissioners, because campaign finance data made utility influence easier to trace—and counteract. “I think that the elected commission was more democratic, even though PNM spent hundreds of thousands of dollars trying to elect the commissioners they wanted,” said Mariel Nanasi, executive director of New Energy Economy, a renewable energy nonprofit. “That backfired for them, and their preferred candidates—at least in more recent times—lost because [their campaign spending] was exposed.” 

The patchwork nature of campaign finance record-keeping and disclosure laws in the United States also can make it difficult to track industry money flowing into state utility commission elections. 

In Mississippi and South Dakota, for example, Floodlight journalists had to manually enter into a database thousands of campaign contributions from records that were handwritten or kept in unsearchable formats. 

The money also can also come through supposedly independent groups—like political committees and 501(c)(4) (dark money) groups that don’t have to reveal their donors—making it harder to trace. These groups are allowed to support (or oppose) particular candidates but are not legally allowed to coordinate with any candidate’s campaign.

Arizona is the only one of the nine states analyzed that makes tracking independent campaign spending easy. For example, the dominant utility, Arizona Public Service, donated nearly $4.2 million in 2016 to the Arizona Coalition for Reliable Electricity, a political action committee that then spent nearly that exact amount to support the company’s preferred commissioners. (Arizona also provides commission candidates with public financing, which was not included in our analysis.)

Over the past decade, several utilities in Arizona and Alabama have been caught making large, unreported, and difficult-to-trace dark money contributions to support PSC candidates.

Clearly, utilities and fossil fuel interests are not donating to lawmakers and energy regulators out of the goodness of their hearts. But campaign donations, to be fair, don’t always predict how a legislator or regulator will act. Oklahoma commissioner Anthony received 65 percent of his donations from such sources, and he has often been a lone dissenting voice on the commission against policies that he says put consumers on the hook for the utilities’ mistakes. 

Bob Burns, an Arizona Corporation Commission member, got 41 percent of his donations from industry sources. Yet in 2016, he used his position to crusade for campaign finance transparency from the holding company that owns Arizona Public Service, which stood accused of using millions of dollars of dark money to support its preferred commissioner candidates. (Under pressure from the commission, the company eventually acknowledged its tactics.)

At least one energy regulator told Floodlight he struggled over whether to take donations from the companies he oversees. “I went through the process of trying to figure out from whom do I accept a donation?” said Gary Hanson, who sits on the South Dakota Public Utilities Commission. His conclusion: “I’m either going to accept donations from everyone or from no one—you either accept from everyone or you don’t accept from anyone.”

He took the money. 

Floodlight reporter Kristi E. Swartz contributed to this story.

Robert F. Kennedy Jr.’s “Make America Healthy Again” Draws Wellness Influencers to MAGA

30 October 2024 at 13:27

“Don’t you want a president who’s going to make America healthy again?” Robert F. Kennedy Jr. asked a roaring crowd, during Sunday’s triumphal rally in support of Trump at Madison Square Garden. 

When Kennedy, the country’s most famous anti-vaccine activist, suspended his campaign to endorse Donald Trump, it not only represented the death of his presidential aspirations, but the dawn of something new: the so-called “Make America Healthy Again” movement, a tidy bit of sloganeering designed to highlight where Trump and Kennedy’s agendas overlap.

“How can you claim this is going to make people healthy?”

The concept is meant to convince skeptical Kennedy supporters to back Trump. But so far it’s mainly illustrated the various ways Kennedy is on board with Trump’s radical deregulation agenda, which would see the agencies responsible for policing food, environmental and medication safety defunded.

After all, the ex-president has done it before: Trump came into office pledging to make huge cuts to scientific and medical research. Under his administration, the FDA took fewer enforcement actions against companies suspected of marketing dangerous, unsafe, or ineffective products, and cuts to public health agencies may have harmed the country’s readiness to respond to COVID. 

There are signs that another Trump administration will be even worse for public health: Project 2025, an agenda for his second administration prepared by his allies, calls for the CDC to be broken up, slamming it as “perhaps the most incompetent and arrogant agency in the federal government.” It also demonizes the National Institutes of Health, claiming the agency has an “incestuous relationship” with vaccine manufacturers and is in the grip of “woke gender ideology.”  

Despite his governing record, Trump has adopted some MAHA talking points, promising to end the “chronic illness epidemic” in America, which, like Kennedy, he has previously blamed partly on vaccines. Trump, who already installed Kennedy on his presidential transition team, also publicly promised to put him on a panel to study what he called “the decades-long increase in chronic health problems, including autoimmune disorders, autism, obesity, infertility, and many more.” 

The main overlap between Trump and Kennedy—and the driving force behind the MAHA movement—is a their shared conviction that the institutions responsible for policing the safety of food and drugs should be defunded and their employees investigated and possibly jailed.

On Monday, Kennedy told a group of MAHA supporters that Trump had “promised me…control of the public health agencies,” including HHS, the CDC, FDA, NIH, USDA, “and a few others.” Kennedy recently tweeted that the FDA’s “war on public health is about to end” under a new Trump administration, before listing an array that encompassed pseudoscientific practices and products: “This includes its aggressive suppression of psychedelics, peptides, stem cells, raw milk, hyperbaric therapies, chelating compounds, ivermectin, hydroxychloroquine, vitamins, clean foods, sunshine, exercise, nutraceuticals and anything else that advances human health and can’t be patented by Pharma.” He added, “If you work for the FDA and are part of this corrupt system, I have two messages for you: 1. Preserve your records, and 2. Pack your bags.” 

At the Madison Square Garden rally, Kennedy accused Democrats of “giving us the sickest children in the world,” called the chronic disease crisis “existential for our country,” and said he was focused on “ending the corruption” at agencies including the NIH, the CDC, and the FDA, all which he lumped in with the CIA as being in dire need of top-to-bottom reform.  

According to researcher and author Matthew Remski, Kennedy’s recent appearances have seen him deemphasize attacks on vaccines to instead focus on a much broader set of purported issues around health.

“It’s probably the most successful rebrand that he’s managed since his anti-vax turn back in 2005,” says Remski, a co-host of Conspirituality, a podcast examining the alignment between New Age and right wing spheres. “MAHA represents his organizational capacity to bring the full spectrum of anti-vax-adjacent issues and concerns and grievances together under one umbrella.”

And could be a profitable one. The brand has given rise to the MAHA Alliance—a new conservative super PAC led by Del Bigtree, an anti-vaccine personality and Kennedy’s former campaign communications director. Bigtree says the group has already raised nearly $8 million, including a recent $3 million donation from Elon Musk.

Kennedy’s new role in GOP politics has opened doors to him and those in his circles—including some with a track record of promoting harmful or scientifically unsupported health claims. In September, Kennedy and a number of close allies and MAHA boosters took part in a Capitol Hill event on nutrition hosted by Sen. Ron Johnson (R-Wisc.), a longtime friend of the anti-vaccine movement. Billed as “a nonpartisan panel discussion about the industries that impact national health,” in his opening remarks, Kennedy accused the FDA, the USDA, and the CDC of being “sock puppets for the industry they’re supposed to regulate.” 

Other panelists included Calley Means, a self-styled “healthcare reform” advocate who had been involved in Kennedy’s campaign, men’s rights activist and pop psychologist Jordan Peterson (as well as his daughter Mikhaila, who promotes an all-meat regimen she’s dubbed “the Lion Diet”), and Vani Hari, a wellness influencer who uses the moniker Food Babe, who’s previously been accused of making unscientific claims in her quest to pressure food makers to drop certain ingredients.

Given “his distorted views,” Kennedy makes a poor figurehead for a movement purportedly centered on health.

During her panel remarks, Hari pushed a new campaign against Kellogg’s cereals’ use of food dyes as part of a larger agenda against foods with “synthetic preservatives and pesticides.” The science demonstrating danger from the synthetic food dyes Kellogg’s uses in the U.S. is far from settled; according to a 2014 NPR profile, a previous campaign Hari mounted against supposedly-questionable beer additives actually targeted products derived from algae and fish.

Dr. Andrea Love, an immunologist and microbiologist who combats health misinformation, told Mother Jones the panel gave participants like Hari “a huge megaphone.” Love has pointed out that some of the Kellogg’s ingredients that Hari has claimed are “banned” in other countries legally appear there under different names. When Love later criticized a video actress Eva Mendes made praising Hari’s campaign and calling Kellogg’s dyes “harmful for children,” Calley Means baselessly accused Love of “advertising for Monsanto.” Peterson called her “a liar” as well as “incompetent, deceitful, resentful and arrogant.”

Danielle Shine—an Australian registered dietitian and nutritionist who studies nutrition misinformation also drew fire from Means and Peterson after commenting on Mendes’ video—says Kennedy makes a poor figurehead for a movement purportedly centered on health, given “his distorted views.”

“It’s perplexing that someone who seems to lack an understanding of basic science and promotes misinformation about vaccinations, food, and health would be positioned to lead a public health initiative,” she says. “His rhetoric repeatedly demonstrates a fundamental misunderstanding of food and nutrition science.”

Kennedy’s demonization of public health agencies, as he foregrounds influencers who make unsubstantiated claims about science and health, illustrates, Love argues, that the efforts of the so-called Make America Healthy Again circle are entirely misdirected.

“They’re pushing towards an ecosystem where there’s less protection, safety, oversight and regulation,” she says. “They’re not talking about the things that do matter, like getting more Americans insured… They say they’re going to take on a company like Kellogg’s, an entity that has no impact on health outcomes, while also pushing to take all authority, oversight, and funding away from federal entities who do that.”

“How,” she adds, with a measure of disbelief, “can you claim this is going to make people healthy?”

Arizona’s Future Hinges on Water, so Why Isn’t It a Big Campaign Issue?

28 October 2024 at 10:00

This story was originally published by Grist and is reproduced here as part of the Climate Desk collaboration.

The morning temperature is nearing 100 degrees Fahrenheit as Keith Seaman sweats beneath his bucket hat, walking door to door through the cookie-cutter blocks of a subdivision in Casa Grande, Arizona. Seaman, a Democrat who represents this Republican-leaning area in the state’s House of Representatives, is trying to retain a seat he won by a margin of around 600 votes just two years ago. He wants to know what issues matter most to his constituents, but most of them don’t answer the door, or they say they’re too busy to talk. Those that do answer tend to mention standard campaign issues like rising prices and education—which Seaman, a former public school teacher, is only too happy to discuss.

“We’ll do our best to get more public money into education,” he tells one man in the neighborhood, before turning to the constituent’s kindergarten-age daughter to pat her on the head. “What grade are you in?”

“Why are you at our house?” the girl asks in return.

Seaman has knocked on thousands of doors as he seeks reelection this year. While his voters are fired up about everything from inflation to abortion, one issue doesn’t come up much on Seaman’s scorching tour through suburbia—even though it’s plainly visible in the parched cotton and alfalfa fields that surround the subdivision where he’s stumping for votes.

Keith Seaman canvasses voters in Casa Grande, Arizona. The Democratic state representative is fighting to win reelection in a red district.Eliseu Cavalcante/Grist

That issue is water. In Pinal County, which Seaman represents, water shortages mean that farmers no longer have access to the Colorado River, formerly the lifeblood of their cotton and alfalfa empires. The booming population of the area’s subdivisions face a water reckoning as well: The state has placed a moratorium on new housing development in parts of the county, as part of an effort to protect dwindling groundwater resources.  

Over the past four years, Arizona has become a poster child for water scarcity in the United States. Between decades of unsustainable groundwater pumping and a once-in-a-millenium drought, fueled by climate change, water sources in every region of the state are under threat. As groundwater aquifers dry up near some of the most populous areas, officials have blocked thousands of new homes from being built in and around the booming Phoenix metropolitan area.

“They keep saying, ‘Well, water is nonpartisan.’ That’s not true anymore. It’s really not true.”

In more remote parts of the state, water-guzzling dairy farms have caused local residents’ wells to run dry. The drought on the Colorado River, long a lifeline for both agriculture and suburbia across the US West, has forced further water cuts to both farms and neighborhoods in the heart of the state

Arizona voters know that they’re deciding the country’s future—the state is one of just a half-dozen likely to determine the next president—but it’s unclear if they know that they’re voting on an existential threat in their own backyards. The outcome of state legislative races in swing districts like Seaman’s will determine who controls the divided state legislature, where Democrats are promoting new water restrictions and Republicans are fighting to protect thirsty industries like real estate and agriculture, regardless of what that means for future water availability. 

“Everybody’s running for reelection,” said Kathleen Ferris, who crafted some of the state’s landmark water legislation and now teaches water policy at Arizona State University. “Nobody wants to sit around the table and try to deal with these issues.”

For these lawmakers’ voters, topics like abortion, the economy, and public safety are drawing far more attention than the water in their taps, and it will be these issues that drive the most people to the polls. But for the state officials who win on election day, their most consequential legacy may well be what they decide to do about the future of water in Arizona.

“They keep saying, ‘Well, water is nonpartisan,’” Ferris added. “That’s not true anymore. It’s really not true.”

It’s not hard to see why hot-button issues like immigration and the cost of living are on the minds of Arizona voters: The state sits on the US-Mexico border and has experienced some of the highest rates of inflation in the country over the past few years. Meanwhile, its Republican-controlled state legislature has cut public education funding and allowed a 19th-century abortion ban to remain in effect after the Supreme Court overturned Roe v. Wade. The state is at the center of almost every major political debate—“the center of the political universe,” in Politico’s words—and its nearly evenly divided electorate makes its swing votes key to determining who controls both the White House and Congress.

Even when the temperature doesn’t top 115 degrees F, the resulting campaign frenzy can make an out-of-state visitor lightheaded. Lawn signs clutter gas station parking lots, highway medians, and front yards; virtually every other television commercial is an ad for or against a candidate for Congress, the presidency, or some state office. A commercial slamming a Democratic candidate as a defund-the-police radical will frequently air right after an ad condemning a Republican as a threat to democracy itself. Mailers and campaign literature clog mailboxes and dangle on doorknobs. 

This avalanche of campaign advertising seldom mentions water. During a week reporting in the state, I saw exactly one ad that focused on the issue. It was a billboard in Tucson announcing that Kirsten Engel, the Democratic candidate for a pivotal congressional seat, supports “Protecting Arizona from Drought”—not exactly the most substantive engagement with the issue.

The reason for this avoidance is simple, according to Nick Ponder, a vice president of government affairs at HighGround, a leading Arizona political strategy firm. He said that while many voters in the state rank water among their top three or four issues, most don’t have a detailed understanding of water policy—meaning it’s unlikely that they’ll vote based on how candidates say they’ll handle water issues.

“They understand that we’re in a desert, and that we have water challenges—in particular groundwater and the Colorado River—but I don’t think that they understand how to best manage that,” he told Grist.

“We’re supposed to be able to get a part of that water, and now we can’t. It’s all going to California, to the f—ing liberals and the Democrats.” 

And how could they? Understanding Arizona water policy involves a maze of acronyms—AMA, GMA, INA, ADWR, CAWS, DAWS, DCP, CAP, and CAGRD are just the entry-level nouns—and complex technical models that track water levels thousands of feet underground. Even many elected officials on both sides of the aisle aren’t well versed in the issue, so they defer to the party leaders who have the strongest grasp on how the state’s water system works.

One upshot of this confusion — as well as the state’s bitter partisan divide — is that, even as Arizona’s water crisis has gained national attention, state lawmakers have failed to pass significant legislation to address the deficit of this critical resource. Over the past two years, the state’s Democratic governor, Katie Hobbs, has been unable to broker a deal with the Republicans who control both chambers of the state legislature. Hobbs has put forward a series of proposals that would reform both agricultural water use in rural areas and rapid development in the suburbs of Phoenix, but she has come up a handful of votes short of passing them. Republicans have put forward their own plans—which are friendlier to the avowed water needs of farmers and housing developers—that she has vetoed.

Once you cut through the thicket of reports and acronyms, it’s clear that this year’s election is pivotal for breaking this gridlock and determining the future of water policy in the state. Republicans hold one-vote majorities in both chambers of the legislature, so state Democrats only need to flip one seat in each chamber in order to gain unified control of the government. If that happens, Hobbs will be able to ignore the objections of the agriculture and homebuilding industries, which have kept Republicans from signing on to her plans.

Hobbs and the Democrats want to limit or prohibit new farmland in rural areas, while simultaneously making it harder for homebuilders around Phoenix and Casa Grande to resume building new subdivisions. This would slow down, but not reverse, the decline in water levels around the state — and it would likely diminish profits for two industries that are pillars of the state’s economy. If Republicans retain control of the legislature, they would reopen new suburban development and roll out more flexible rules for rural groundwater, giving a freer hand to both industries but incurring the risk of more groundwater shortages in decades to come.

Legislators came close to reaching agreement on both issues earlier this year. Republicans passed a bill that would relax development restrictions on fallow farmland where housing tracts could be developed—a compromise with theoretical appeal to both parties’ desire to keep building housing for the state’s booming population—but Hobbs vetoed it, saying it lacked enough safeguards to prevent future water shortages. At the same time, lawmakers from both parties made progress on a deal that would allow the state to set limits on groundwater drainage in rural areas, but the talks stalled as this year’s legislative session came to a close.

“We had so many meetings, and we’ve never gotten closer,” said Priya Sundareshan, a Democratic state senator who is the party’s foremost expert on water issues in the legislature. “Now we’re in campaign mode.”

In Seaman’s district of Pinal County, where water restrictions have created difficulties for both the agriculture and real estate industries, many of those who are engaged on water issues see a stark partisan divide. Paul Keeling, a fifth-generation farmer in Casa Grande, framed the shortage of water on the Colorado River as a competition between red Arizona and blue California.

“We’re supposed to be able to get a part of that water, and now we can’t,” he told Grist. “It’s all going to California, to the f***ing liberals and the Democrats.” 

Keeling has had to shrink his family’s cotton-farming enterprise over the past few years, because he’s lost the right to draw water from the canal that delivers Colorado River water to Arizona. It’s one reason among many that Keeling said he’s supporting former President Donald Trump this year, as he has in the past two elections.

The Republican leadership of Pinal County has sparred with Governor Hobbs and state Democrats on housing issues as well, albeit in far less animated terms. In response to studies showing the county’s aquifer diminishing, the state government placed a moratorium on new groundwater-fed development in the area in 2019. Homebuilders and developers pinned their hopes on Republicans’ proposed reform allowing new development on former farmland, but Hobbs’ veto dashed those dreams.

Stephen Miller, a conservative Republican who serves on the county’s board of supervisors, told Grist that he views the Democrats’ opposition to new Pinal County development as motivated by partisan politics. The Republicans legislators who represent the area voted in favor of the bill that would restart development, but Seaman, the area’s lone Democratic representative, voted against it.

“We’re just sitting back watching because the makeup of the House and the Senate will determine what happens here,” Miller said. “If they’re both taken over by the Democrats, I think there’s probably very little we can do [to relax the development restrictions].”

As Miller sees it, the restriction on new housing is part of a ploy by the state’s Democratic establishment to suppress growth in a conservative area—or even repossess its water.

“It shouldn’t be a partisan thing at all,” he said. “You’d think that they’d all want to pull this wagon in the same direction. But all they want Pinal County for is to stick a straw in here and take our water.”

Another reason for the relative campaign silence on water issues is that the regions where water is most threatened—areas where massive agricultural groundwater usage has emptied household wells and caused land to crack apart—tend to be represented by the politicians who are most dismissive of water conservation efforts, and vice versa.

Cochise County, where an enormous dairy operation called Riverview has residents up in arms over vanishing well water, backed Trump by almost 20 points in 2020; La Paz County, where a massive Saudi farming operation has drained local aquifers, backed the former president by almost 40 points. The state representatives from these areas are almost all Republicans opposed to new water regulation; many have direct ties to the agriculture or real estate industries.

Meanwhile, the majority of pro-regulation Democrats in the state legislature represent urban areas that have more diverse sources of water, stronger regulations, and more backup water to help them get through periods of shortage. 

The state legislature’s two leading voices on water exemplify this divide. Democratic state senator Priya Sundareshan represents a progressive district in the core of Tucson, where city leaders have banked trillions of gallons of Colorado River water, all but ensuring that the city won’t go dry—and can even continue to grow as the river shrinks.

Priya Sundareshan represents Tucson as a Democrat in Arizona’s State Senate. She has led the campaign for stronger water restrictions in rural and urban areas.Eliseu Cavalcante/Grist

Sundareshan’s chief adversary is Republican Gail Griffin, a veteran legislator from Cochise County who chairs the lower chamber’s powerful natural resources committee. Griffin, a realtor, has blocked nearly all proposed water legislation for years, preventing even bills from members of her own party from getting a vote. Other legislators and water experts often cite her as the principal reason the state has not moved any major bills to regulate rural water usage—even though the county she represents faces arguably the most acute water crisis of them all. (Griffin did not respond to Grist’s requests for comment.)

Sundareshan, for her part, admits that it’s awkward that urban legislators are trying to set water policy for the rural parts of the state. But she says that Republicans have stalled on the issue for too long.

“It doesn’t look great,” she said. “But right now, rural legislators are setting policy for urban areas. That’s why that’s why legislators like me are stepping up to say, ‘Well, we need to actually solve these issues.’ Water is water, right? And the lack of availability of water in a rural area is going to impact the availability of water in our urban areas.”

The backlash to unsustainable groundwater pumping is not just coming from urban progressives, though—it’s also coming rural Republicans’ own constituents. In 2022, Cochise County voters approved a ballot proposal to restrict the growth of their water usage. (The strictness of the new rules is still being debated.) Even so, there’s no sign that any of these areas will endorse a Democrat. When Hobbs held a series of town halls in rural areas facing groundwater issues last year, she and her staff faced significant blowback from attendees who didn’t want the state meddling in their water usage. This year, elections in these areas are not even close to competitive. Griffin, the legislature’s strongest opponent of water regulation, is running unopposed.

This means that the future of the state’s water policy depends on voters in just a few swing districts that straddle the urban-rural divide: suburban seats on the outskirts of Phoenix and Tucson, where new subdivisions collide with vestigial farmland and open desert. For many voters in these purple districts, Arizona’s water problems are far from a motivating political issue—and likely won’t be for decades to come, as aquifers silently diminish underground. Voters might hear about water issues in other parts of the state, or wince when they see their water bills, but the disappearing water under their feet is all but invisible, and may remain so for the rest of their lives.

This dissonance is best exemplified by the 17th state legislative district, perhaps the most pivotal swing seat in the legislature. The district extends along the northern edge of Tucson, roping in a mix of retirement communities, rural houses, and cotton farms that may soon be replaced by new tract housing. Many of the new developments in these areas, such as the sprawling Saddlebrooke neighborhood, rely on finite aquifers and get water delivered by private companies. To comply with Arizona law, developers have to prove that they have enough water to supply new homes for 100 years, but even that doesn’t guarantee that the aquifers won’t continue drying up. 

It’s difficult to interest voters in a groundwater decline that is happening out of view, in a crisis that almost nobody is talking about publicly. The best that local Democrats can do is make a general pitch that water security is a common sense, bipartisan problem that they are committed to solving—without needing to explain how they would resolve complex questions about the interplay between water regulation and economic growth, among other nuances. 

John McLean stands in a dried-out wash in his neighborhood of Tucson. McLean is running for the state senate on a platform that includes support for stronger water restrictions.Eliseu Cavalcante/Grist

John McLean, a former engineer who is running against a conservative legislator in an effort to flip the 17th district, has sought to position himself as a straight-down-the-middle moderate. His campaign literature tends not to mention his party affiliation, but it does tout water as one of his three key policy issues, along with public education and abortion access. The campaign pamphlet he’s been leaving in the doorways of homes in Saddlebrooke argues for a “commonsense approaches to secure our water future” and declares that “we must stop foreign and out-of-state corporations from pumping unlimited water out of our state”—something that has happened in the conservative, rural parts of Arizona, but nowhere near Saddlebrooke and the 17th district.

When I joined him as he knocked doors in Saddlebrooke, McLean told me that he’s found that almost every voter he meets agrees with him on the need for sensible water regulations—a far cry from lightning-rod issues like public safety, abortion, and inflation. 

“Everybody is really serious about water independence, and I think that they’re concerned about partisanship,” he said. “I don’t think there’s really much of a partisan difference among citizens when it comes to water.”

That apparent consensus, however, does not extend to the state’s elected officials.

“My Republican opponent voted to relax groundwater pumping restrictions,” McLean, referring to a bill that would have eliminated legal liability for groundwater users whose water usage compromised nearby rivers or streams. “So he was on exactly the wrong side of that one.”

Half of Pennsylvania Voters Support Fracking, But Almost All Want More Regulation

14 October 2024 at 19:11

This story was originally published by Inside Climate News and is reproduced here as part of the Climate Desk collaboration.

Since Vice President Kamala Harris became the Democratic nominee for president this summer, national attention on the issue of fracking in Pennsylvania—and what it means for the outcome of the election in this key swing state—has reached new highs. But what do Pennsylvanian voters really think about fracking? And what bearing do those opinions have on their choice for president? 

A new poll of likely voters in Pennsylvania attempts to answer those questions. The poll, commissioned by the Appalachia-based nonprofit Ohio River Valley Institute, echoes previous polling in that it shows that while Pennsylvanians are divided on fracking, a significant majority support more regulations on the natural gas industry. The poll also shows that energy and natural gas issues are not among voters’ most important priorities, something that is often overlooked in national conversations about the political implications of the practice.

When asked which two issues were most “personally motivating” to them when casting a vote, voters selected issues like jobs, border security, preserving democracy, reproductive rights, and cutting taxes ahead of issues like climate change and reducing energy costs. 

Fracking is a divisive issue in Pennsylvania, and support for it is highly partisan. Fifty-one percent of all Pennsylvania voters say they support fracking, 30 percent say they’re opposed and 19 percent aren’t sure either way, which is indicative of the fact that fracking is not the most important issue for many voters. Eighty-one percent of Republicans support spending taxpayer money on more fracking and pipeline development, and only 43 percent of Democrats do. Support for fracking is regionally driven, with voters who live in areas near Pittsburgh, where the fracking industry is concentrated in Pennsylvania, recording the highest percentage of support. 

“A large section of the state’s population lives outside the shale play. They’ve never seen a fracking pad..”

Just 42 percent of respondents said they’d support an outright ban of fracking in Pennsylvania, one reason that Republicans like former president Donald Trump and Senate candidate Dave McCormick have tried to paint their Democratic opponents as proponents of a ban. The number of voters who would support a ban is lower among independents, at only 38 percent. 

Fifty-two percent of respondents agreed with the statement “fracking can be done in a way that protects the health and safety of my family.” This belief is at odds with the ninth edition of the compendium of findings and reports on fracking from the Concerned Health Professionals of New York, which states it has found “no evidence that fracking can be practiced in a manner that does not threaten human health directly or without imperiling climate stability upon which human health depends.”

Forty-eight percent agreed that “living near fracking activity can lead to a higher risk of asthma, childhood lymphoma, and other health problems.” This statement closely mirrors the findings of a set of 2023 studies on fracking and public health from the University of Pittsburgh and Pennsylvania Department of Health.

Christopher Borick, director of Muhlenberg College’s Institute of Public Opinion, which polls Pennsylvanians about their views on fracking, said this new poll’s findings “generally align” with what he’s seen in polling over the years: Although Pennsylvania is the second-largest producer of natural gas in the United States, Pennsylvanians have long been divided over fracking. Pennsylvanians have “significant reservations” about fracking and its impacts on health and the environment, even as they tend to view it as economically beneficial. 

“It’s a big fracking state. But that doesn’t mean it’s monolithic in its views,” Borick said. “A large section of the state’s population lives outside the shale play. They’ve never seen a fracking pad. The idea that everybody’s in the industry is absolutely false.” 

There’s also no evidence that fracking is an electoral “slam dunk” for politicians seeking to win the state, he said. Muhlenberg’s polling has shown similar results as this poll when voters are asked to name their most important issues. “Fracking doesn’t register,” he said.

“There’s just a significant lack of recognition about the drawbacks that people perceive.”

Perhaps most heartening for environmental activists who have long raised the alarm about evidence showing that fracking harms public health, the environment, and the climate, the poll shows broad bipartisan support for tougher regulations on the fracking industry than currently exist. Ninety-four percent of respondents said they supported mandatory disclosure of the chemicals companies use to frack, 93 percent said they supported safer transportation of fracking waste and 90 percent supported increasing the distance the wells can be drilled near hospitals and schools. 

“I was genuinely surprised about the level of support for increased restrictions,” said Sean O’Leary, a senior researcher in energy and petrochemicals at the Ohio River Valley Institute. O’Leary said support for more regulation has grown since the last time the organization conducted a poll on this topic three years ago. 

Although he was surprised, O’Leary said the numbers made sense to him. “My sense of being on the ground in the region is that most people are pretty deeply ambivalent about fracking. It’s not a pleasant thing to have around or nearby,” he said. “I suspect most of the concern about the industry and the desire for greater regulation simply comes from people’s firsthand experience with it.”

In listening to national discussions of voters’ feelings about the issue, he said, this fact does not seem to be well-represented. “There’s just a significant lack of recognition about the drawbacks that people perceive, and the desire that they feel to have the industry’s effects on quality of life and pollution and health better managed and mitigated,” he said. 

Some people in Pennsylvania continue to associate fracking with jobs and economic gains, but that does not mean they are happy with the industry’s disruptive impacts on their daily lives.

The regulations suggested in the polling are similar to policy recommendations made in a 2020 grand jury report on fracking from the state attorney general’s office, then led by the current governor, Josh Shapiro. The goal of these recommendations was to “create a more comprehensive legal framework that would better protect Pennsylvanians from the realities of industry operations.” 

In an echo of the three regulations that voters were most supportive of, the report recommended that well setbacks be increased from 500 feet to 2,500 feet, that companies publicly share which chemicals are used in fracking operations and that the transportation of fracking waste be made safer. None of these three recommendations have been implemented.

Half of Pennsylvania Voters Support Fracking, But Almost All Want More Regulation

14 October 2024 at 19:11

This story was originally published by Inside Climate News and is reproduced here as part of the Climate Desk collaboration.

Since Vice President Kamala Harris became the Democratic nominee for president this summer, national attention on the issue of fracking in Pennsylvania—and what it means for the outcome of the election in this key swing state—has reached new highs. But what do Pennsylvanian voters really think about fracking? And what bearing do those opinions have on their choice for president? 

A new poll of likely voters in Pennsylvania attempts to answer those questions. The poll, commissioned by the Appalachia-based nonprofit Ohio River Valley Institute, echoes previous polling in that it shows that while Pennsylvanians are divided on fracking, a significant majority support more regulations on the natural gas industry. The poll also shows that energy and natural gas issues are not among voters’ most important priorities, something that is often overlooked in national conversations about the political implications of the practice.

When asked which two issues were most “personally motivating” to them when casting a vote, voters selected issues like jobs, border security, preserving democracy, reproductive rights, and cutting taxes ahead of issues like climate change and reducing energy costs. 

Fracking is a divisive issue in Pennsylvania, and support for it is highly partisan. Fifty-one percent of all Pennsylvania voters say they support fracking, 30 percent say they’re opposed and 19 percent aren’t sure either way, which is indicative of the fact that fracking is not the most important issue for many voters. Eighty-one percent of Republicans support spending taxpayer money on more fracking and pipeline development, and only 43 percent of Democrats do. Support for fracking is regionally driven, with voters who live in areas near Pittsburgh, where the fracking industry is concentrated in Pennsylvania, recording the highest percentage of support. 

“A large section of the state’s population lives outside the shale play. They’ve never seen a fracking pad..”

Just 42 percent of respondents said they’d support an outright ban of fracking in Pennsylvania, one reason that Republicans like former president Donald Trump and Senate candidate Dave McCormick have tried to paint their Democratic opponents as proponents of a ban. The number of voters who would support a ban is lower among independents, at only 38 percent. 

Fifty-two percent of respondents agreed with the statement “fracking can be done in a way that protects the health and safety of my family.” This belief is at odds with the ninth edition of the compendium of findings and reports on fracking from the Concerned Health Professionals of New York, which states it has found “no evidence that fracking can be practiced in a manner that does not threaten human health directly or without imperiling climate stability upon which human health depends.”

Forty-eight percent agreed that “living near fracking activity can lead to a higher risk of asthma, childhood lymphoma, and other health problems.” This statement closely mirrors the findings of a set of 2023 studies on fracking and public health from the University of Pittsburgh and Pennsylvania Department of Health.

Christopher Borick, director of Muhlenberg College’s Institute of Public Opinion, which polls Pennsylvanians about their views on fracking, said this new poll’s findings “generally align” with what he’s seen in polling over the years: Although Pennsylvania is the second-largest producer of natural gas in the United States, Pennsylvanians have long been divided over fracking. Pennsylvanians have “significant reservations” about fracking and its impacts on health and the environment, even as they tend to view it as economically beneficial. 

“It’s a big fracking state. But that doesn’t mean it’s monolithic in its views,” Borick said. “A large section of the state’s population lives outside the shale play. They’ve never seen a fracking pad. The idea that everybody’s in the industry is absolutely false.” 

There’s also no evidence that fracking is an electoral “slam dunk” for politicians seeking to win the state, he said. Muhlenberg’s polling has shown similar results as this poll when voters are asked to name their most important issues. “Fracking doesn’t register,” he said.

“There’s just a significant lack of recognition about the drawbacks that people perceive.”

Perhaps most heartening for environmental activists who have long raised the alarm about evidence showing that fracking harms public health, the environment, and the climate, the poll shows broad bipartisan support for tougher regulations on the fracking industry than currently exist. Ninety-four percent of respondents said they supported mandatory disclosure of the chemicals companies use to frack, 93 percent said they supported safer transportation of fracking waste and 90 percent supported increasing the distance the wells can be drilled near hospitals and schools. 

“I was genuinely surprised about the level of support for increased restrictions,” said Sean O’Leary, a senior researcher in energy and petrochemicals at the Ohio River Valley Institute. O’Leary said support for more regulation has grown since the last time the organization conducted a poll on this topic three years ago. 

Although he was surprised, O’Leary said the numbers made sense to him. “My sense of being on the ground in the region is that most people are pretty deeply ambivalent about fracking. It’s not a pleasant thing to have around or nearby,” he said. “I suspect most of the concern about the industry and the desire for greater regulation simply comes from people’s firsthand experience with it.”

In listening to national discussions of voters’ feelings about the issue, he said, this fact does not seem to be well-represented. “There’s just a significant lack of recognition about the drawbacks that people perceive, and the desire that they feel to have the industry’s effects on quality of life and pollution and health better managed and mitigated,” he said. 

Some people in Pennsylvania continue to associate fracking with jobs and economic gains, but that does not mean they are happy with the industry’s disruptive impacts on their daily lives.

The regulations suggested in the polling are similar to policy recommendations made in a 2020 grand jury report on fracking from the state attorney general’s office, then led by the current governor, Josh Shapiro. The goal of these recommendations was to “create a more comprehensive legal framework that would better protect Pennsylvanians from the realities of industry operations.” 

In an echo of the three regulations that voters were most supportive of, the report recommended that well setbacks be increased from 500 feet to 2,500 feet, that companies publicly share which chemicals are used in fracking operations and that the transportation of fracking waste be made safer. None of these three recommendations have been implemented.

Florida “Ghost Candidates” Scandal Puts the Entire Utility Sector on Trial

18 September 2024 at 10:00

This story was reported by Floodlight, a nonprofit newsroom that investigates the powerful interests stalling climate action.

Liam Fitzpatrick’s was packed on a Tuesday in November, and all eyes in the suburban Orlando, Florida, pub were glued to the TVs behind the bar. Fitzpatrick’s usually had sports on, but this was Election Eve 2020, and Republican state Senate candidate Jason Brodeur watched nervously as the results trickled in. This was his election party. Brodeur’s campaign had spent millions of dollars running him for an open seat against the Democratic nominee, a labor attorney, and the race was neck and neck.

But his backers had a secret weapon. Just before the filing deadline, a substitute teacher named Jestine Iannotti had joined the race as an unaffiliated third-party candidate. A political unknown, she didn’t even campaign. The central Florida district was then carpeted with misleading mailers that appealed to liberal values and voters’ distaste for partisan politics—one included a stock photo that seemed to imply that Iannotti, who is white, is a Black woman. If she siphoned off votes from his Democratic rival, Brodeur stood a better chance.

Iannotti was a “ghost candidate,” one with no hope of winning who runs—or is run—specifically as a spoiler. Ghost candidates are legal in Florida—sort of. Any eligible person can run for public office, but the covert financing of ghost campaigns sometimes runs afoul of even that state’s famously lax election laws. State prosecutors would eventually conclude that Iannotti and another ghost candidate who ran in 2020—along with their political consultants—had broken quite a few. (Brodeur claimed ignorance of the scheme, and has faced no legal action as a result, though a local tax collector on trial for unrelated charges would later testify that Brodeur was well aware of it.)

Also at Fitzpatrick’s that night was then-47-year-old Frank Artiles, a burly, foul-mouthed ex-Marine and former Republican state senator. Artiles, who is Cuban American, had resigned his Senate post in disgrace in 2017 after using racial slurs in front of two Black colleagues during a drunken rant. He, too, was fixated on Brodeur’s returns, as well as the results of an even tighter state Senate race in south Miami-Dade.

Man wearing a mask wearing a white shirt surrounded by TV cameras.
Frank Artiles leaves the Turner Guilford Knight Correctional Center in Miami on March 18, 2021, after posting bail in a case related to Florida’s 2020 District 37 state Senate campaign.Matias J. Ochner/Miami Herald/Floodlight

The latter contest was a slugfest between one of Florida’s highest-profile Democratic lawmakers, José Javier Rodriguez, and Republican Ileana García, founder of Latinas for Trump. It, too, hinged on a ghost candidate: Alex Rodriguez, a down-on-his-luck salesman of used heavy equipment, whose shared surname with the incumbent was no coincidence. Like Iannotti, Rodriguez hadn’t campaigned. He, too, was boosted by a flood of misleading mailers. 

As the final tallies came in, the mood at Fitzpatrick’s turned electric. Brodeur ended up winning his seat by about 7,600 votes. (Iannotti drew nearly 6,000.) In south Miami-Dade, Garcia, the Republican, edged out incumbent José Rodriguez by fewer than 40 votes. Artiles was jubilant. “That was me!” a partygoer recalls him yelling. “That’s all me!”

At a criminal trial this week in Miami, the prosecution may ask the jury to interpret Artiles’ outburst as an admission of guilt. Four months after the election party, the Miami-Dade state attorney charged him and ghost candidate Rodriquez with multiple campaign finance–related felonies. Among other charges, Artiles stands accused of conspiracy, making excessive campaign contributions, and “false swearing” in connection with voting or elections. If found guilty on all counts, he faces up to five years in prison.

In Central Florida, prosecutors issued a multi-count indictment against Iannotti and the two operatives (Eric Foglesong and Ben Paris, chair of the Seminole County Republican Party) who’d arranged for her to run. (A ghost candidate Artiles had recruited for a third state Senate race—a spa owner whose wife regularly waxed Artiles’ back—was not charged.) In 2022, a jury found Paris guilty of interfering in an election by means of an illegal campaign donation—the state recommended 60 days in jail; the judge gave him a year of probation, community service, and a fine. Foglesong, charged with felony and misdemeanor election crimes, avoided possible jail time by pleading no contest to misdemeanor charges, and Iannotti pleaded no contest last month to a pair of first-degree misdemeanors. Artiles maintains his innocence.

In a December 2023 deposition, political consultant Patrick Bainter told Florida prosecutors that he hired former state Sen. Frank Artiles to run “independent” candidates to help solidify the Senate’s Republican majority.Floodlight

And all of the above might have been just another colorful tale of shady politics in the Sunshine State were it not for a spat between political consultants.

Indeed, after the leaders of Matrix LLC, a high-powered political consulting firm whose CEO helped finance the ghost campaigns, started feuding, the story took on a new life, offering something rarer and more consequential: a glimpse, oddly enough, into the political meddling of one of America’s largest power companies.

The source of the leak was never clear, but as the consultants squabbled, thousands of pages of Matrix’s internal documents made it into the hands of Florida news outlets. The revelations therein, and reporting on discovery materials generated by the various prosecutions, would culminate in the abrupt January 2023 retirement of Florida Power & Light CEO Eric Silagy, triggering a single-day, $14 billion drop in the company’s market value.

FPL is a subsidiary of NextEra Energy, one of the nation’s largest utility conglomerates in terms of homes and businesses served. And although its parent is a major producer of renewable energy, FPL is among Florida’s biggest greenhouse-gas emitters. The leaked documents, in any case, showed that FPL was enmeshed in a covert campaign of media manipulation, surveillance, and what one federal securities lawsuit calls electoral “dirty tricks,” all in the name of maximizing profits.

Investigations by Floodlight and other Florida news outlets would reveal that the ghost candidates were bankrolled with some $730,000 in dark money, $100,000 of which was channeled through a prominent Republican operative into a 501(c)(4) nonprofit that Artiles controlled. (Artiles’ attorney, Frank Quintero, disputes that any of that money ever made it to ghost candidate Rodriguez: “The prosecutor can say whatever the fuck he wants, but the reality is different than what he wants it to be.”) The remaining $630,000 made its way through a daisy chain of opaque nonprofits partially overseen by the CEO of Matrix, which was then working for FPL.

In this undated email obtained by Floodlight via public records request, Artiles offers advice to political consultant Patrick Bainter related to running a ghost candidate in the 2020 election.Floodlight

From the utility’s perspective, expanding the state Senate’s Republican majority—by whatever means—would help fulfill its legislative priorities. Those priorities included escaping liability for damages related to power outages in the wake of Hurricane Irma; ousting J.R. Kelly, the state’s long-serving (unsympathetic) consumer utility watchdog; and winning approval from the Senate-confirmed Public Service Commission for Florida’s largest-ever hike in electricity rates. The defeat of Sen. Rodriguez had the added benefit of kneecapping one of the state’s most prominent backers of rooftop solar, which reduces carbon emissions and lowers utility bills—and against which FPL had waged a decade-long counterinsurgency campaign.

FPL, which declined to comment for this article, prevailed on all counts.

The company has steadfastly denied wrongdoing, although it does not dispute hiring Matrix. “They did good work,” then-CEO Silagy told me in June 2022. During the same interview, he admitted to authoring a January 2019 email about Sen. Rodríguez, wherein Silagy ordered his minions “to make his life a living hell”—a directive that was immediately relayed to Matrix.

White man in blue shirt.
Eric Silagy, the former president and CEO of Florida Power & LightMatias J. Ocner/Miami Herald/Zuma

The utility claims that two outside law firms, whose investigations FPL commissioned but has never made public, have cleared it of election-related liability or wrongdoing, despite reporting that suggests otherwise. The Orlando Sentinel, for example, reported that Silagy sometimes used an email pseudonym (Theodore Hayes) when communicating with Jeff Pitts, then CEO of Matrix. And a 2022 Federal Election Commission complaint accused five nonprofits linked to Pitts of “direct and serious violations of the Federal Election Campaign Act.”

The complaint, dismissed earlier this year after the partisan six-member commission deadlocked on a party-line vote, cites a memo Pitts sent to Silagy laying out how FPL could channel money covertly through a series of nonprofits and, ultimately, a super-PAC, to fund “‘political activities’ on both the state and federal level.” The complaint alleges that “the effect of this scheme would be to illegally hide the identities of the true source or sources of contributions.”  

“Unfortunately, partisan gridlock and dysfunction has become routine at the FEC, which has only opened four investigations this year,” says Stuart McPhail, senior litigation counsel at Citizens for Responsibility and Ethics in Washington, the nonprofit that filed the complaint. “That means many complaints, even those for which the FEC’s nonpartisan expert staff recommends an investigation, end in partisan gridlock. That’s exactly what happened with our complaint.”

The scenes to follow are based on thousands of pages of documents and more than 50 interviews with various players. In addition to setting the stage for Artiles’ long-delayed trial, they offer a window into how some utility monopolies have chosen to flex their political power, pushing legal boundaries for financial gain, and sometimes thwarting America’s transition to clean energy in the process.

On a Friday evening in late February 2017, 32 NASCAR race-truck drivers squinted under the Daytona International Speedway’s 2,000-watt lights. Their eyes were fixed on state Sen. Frank Artiles, who sported a suede jacket emblazoned with the NextEra logo. He waved a green flag to kick off the 250-mile race, sponsored by NextEra Energy Resources, another NextEra subsidiary, but just two laps in things went awry—a 17-vehicle pile-up that resulted in one of the trucks getting completely totaled.

Your high school English teacher would call this foreshadowing.

Man in brown jacket standing in the middle of a man and woman in white race car driving suits.
Artiles, then-chairman of the Florida Senate’s energy and utilities committee, poses with race officials at Daytona Beach International Speedway on February 24, 2017.Facebook/Frank Artiles/Floodlight

Artiles was then serving his first term in the Florida Senate and chairing its energy committee. That is to say, the elected official who controlled the fate of state bills related to energy and the environment was accepting the red-carpet treatment from a utility holding company that routinely had business before his committee.

Such potential conflicts of interest are not unusual in the utility realm. Investor-owned power companies specialize in charming and lobbying legislators and regulators. A captured regulator might approve a higher profit margin for a power company than an adversarial one would. A friendly legislator is more likely to pass favorable laws. Across the nation, utilities are the most active lobbyists on state environmental bills.

Our system “gives utilities incredible incentive to build out massive, sophisticated, elaborate, sometimes clandestine political influence machines.”

What makes the situation especially irksome is that utilities are not normal companies. The firms that provide gas and electricity and send monthly bills to homeowners and businesses are state-sanctioned monopolies. They don’t make money from selling power per se. Rather, like a waiter with guaranteed tips, their profit margins are pre-determined by regulators based on how much they invest in their infrastructure. The more plants and poles and substations a utility builds, the bigger its guaranteed return, which averages about 10 percent nationwide. (FPL’s have run as high as 11.8 percent.) Politicians and regulators, at least in theory, are supposed to act on behalf of consumers and prevent utilities from running up the tab.

The way the system is set up “gives utilities incredible incentive to build out massive, sophisticated, elaborate, sometimes clandestine political influence machines,” says David Pomerantz, executive director of the Energy and Policy Institute, a nonprofit utility watchdog. “No matter how you slice it,” he adds, “they are among the biggest spenders on political influence generally.”

The numbers are staggering. According to the Institute for Local Self Reliance, an energy think tank, investor-owned utilities have given more than $130 million to federal candidates over the past decade and have spent more than $294 million on state political races between 2014 and 2023.

FPL alone donated at least $42 million to Florida lawmakers between June 2013 and June 2023, according to a Floodlight analysis. And that’s just reported donations. Across the nation, from 2014 to 2020, power companies pumped at least $215 million more into politics via 501(c)(4) nonprofits that don’t have to reveal their donors—which is why these funds are referred to as “dark money.”

Utility influence operations have led to a generational resurgence of fraud and corruption in the sector. A recent Floodlight analysis of three decades of corporate prosecutions and federal lawsuits describes malfeasance that has cost electricity customers at least $6.6 billion over the past 10 years. The costs to the environment and the energy transition are also steep. Utilities in Ohio struck a corrupt bargain with prominent state lawmakers—some of whom were convicted and sentenced to prison—to prop up failing coal and nuclear plants. Utilities in Arizona were investigated by the FBI for using dark money to elect energy regulators who slashed rooftop solar incentives, though no charges have been filed.

Artiles’ Daytona junket didn’t break any laws, but the optics weren’t great. He’d flown in on a private plane that belonged to his campaign treasurer—an FPL lobbyist. The night of the NASCAR race, he took in $10,000 in contributions at a fundraiser in his honor, where he rubbed shoulders with Keanu Reeves. The next day, he visited Disney’s Epcot Center as the guest of John Holley, FPL’s top in-house lobbyist. “It was an honor to be there,” Artiles told the Miami Herald after the news got out. “I’m not going to lie to you. It was cool.”

After returning to Tallahassee, Artiles fast-tracked two bills coveted by FPL.

But like the truck totaled during that second lap at Daytona, the freshman senator’s tenure would be short-lived. About a month after the FPL junket, Artiles got into an argument with two Black fellow senators at a private club near the state Capitol, berating them and using the n-word. The Senate president made Artiles stand and apologize to his colleagues, after which Artiles walked straight out of the chamber and into a gaggle of reporters, shedding his conciliatory tone like a football player doffing sweaty pads. This prompted the legislative Black caucus to demand his expulsion. Artiles resigned two days later.

Two men in grey suits smile and shake hands.
Then–Florida state Rep. Frank Artiles (R-Miami) is congratulated by Rep. Alan Williams (D-Tallahassee) in 2016. Artiles resigned from the Senate the following year after making racist remarks.Scott Keeler/Tampa Bay Times/Zuma

He was out of the Senate, but not the game. In October 2017, Artiles was invited to a lunch meeting with Ryan Tyson, then a leading Republican operative for Associated Industries of Florida, a powerful trade group to which FPL had donated millions. Tyson, a pollster, had done work on issues critical to FPL, and was executive director of Let’s Preserve the American Dream—a nonprofit that would play a key role in the ghost candidate scandal. Alex Alvarado, Tyson’s protégé, set up the lunch, which Tyson says he does not recall attending. Starting that same month, and continuing into 2021, Artiles would receive $5,000 monthly payments from Tyson for “research services” related to Hispanic voters.

After the 2020 election, Tyson and his group came under the scrutiny of the prosecutors. “We waived all privileges and co-operated with the government in its investigation,” he told me recently. “They couldn’t explain to us what they were looking for, but we were nonetheless cooperative.” (Tyson was never charged with wrongdoing.) “This is crazy that this is how law-abiding tax paying cooperative citizens are treated,” he said.

Chuck’s, a fish house in suburban Birmingham, Alabama, was bustling on the evening of October 26, 2021, when a former Pat Buchanan staffer named K.B. Forbes arrived for what he thought was dinner with Jeff Pitts, who until recently had been CEO of Matrix.

Black and white photo of man in suit smiling.
Jeff Pitts, the former CEO of Matrix , had a major falling out with the firm’s founder.Floodlight

A few months earlier, Joe Perkins, Matrix’s founder, had sued Pitts, his longtime employee and erstwhile protégé. The suit, which had FPL and two of its executives as “fictitious” (unnamed) co-defendants, basically accused Pitts of running his own firm within the firm, stealing Matrix’s clients and cash, operating a clandestine network of dark money groups, and working for FPL without Perkins’s knowledge. (Pitts, in legal filings, denied all of these claims.)

At first, their split had seemed like an amicable, if unexpected, business divorce. “Joe Perkins flew Jeff Pitts down on his plane to meet with me personally to let me know that they had come to an agreement that they were going to part ways, and it was okay,” Silagy said during our 2022 interview. “And then apparently, somewhere along the way, Jeff and Joe got sideways.”

This much was clear: For a decade, Matrix had been the servant of two masters, working both for Southern Co., the nation’s second-largest utility holding company, and NextEra Energy. But as the partners’ acrimony grew, so did the friction between the energy giants. Forbes, who publishes a blog critical of Alabama Power, a Southern Co. subsidiary, told me he had gone to Chuck’s in the hope of obtaining damaging information about Alabama Power’s CEO, Mark Crosswhite. But the vibe was off, and the conversation awkward.

Pitts “was a nervous wreck,” Forbes recalled. “That’s why, on my blog, I call him Jittery Jeff.”

The lawsuit came at a difficult time for Pitts. His new firm, Canopy Partners, less than a year old, was already drawing law enforcement interest. The Miami-Dade Public Corruption Task Force had obtained sworn testimony from Abigail MacIver, one of Pitts’ co-founders, in exchange for limited immunity from prosecution in the ghost candidate scandal. MacIver laid out how she, Pitts, and a contractor had channeled money from a nonprofit operated by Tyson into political committees controlled by Alvarado, Tyson’s associate, by way of a tax-exempt group Pitts controlled. Those committees paid for the ghost candidate mailers.

This voter mailer promoting ghost candidate Jestine Iannotti was criticized for seeming to suggest that Iannotti, who is white, is a Black woman.Floodlight

Reporting from the Sentinel also tied Pitts’ dark-money network to an FPL-funded campaign to defeat a ballot initiative that would have introduced competition into state energy markets and broken FPL’s monopoly. Tyson worked as a pollster on the campaign to counter the initiative. (Neither Pitts nor any Canopy Partners associates have been charged with crimes.)

Pitts is a dapper guy in his early 50s who brings to mind Fred Astaire. He was one of the first employees at Matrix in 1995 and became the director of its Birmingham office in 2009. He enjoys the good life, according to former associates: steak dinners, private flights, expensive wine. But by the time he met with Forbes, his life had grown complicated. “He could not look me in the eye,” Forbes told me, and Pitts wouldn’t stop rubbing the back of his head with his left hand during their dinner: “He was twirling his hair in circles.”

“These are types of allegations and scandals that shatter the belief that this publicly regulated utility is a safe, secure, and non-volatile investment.”

Matrix began consulting for NextEra, FPL’s parent, in the early 2010s. Pitts took extraordinary care to conceal his—and FPL’s—involvement in Florida elections. He obscured the money trail by creating multiple layers of subcontractors, shell companies, and 501(c)(4) nonprofits. In one case, he listed the brother of a Matrix subcontractor as the head of several nonprofits in his network, which he registered in faraway states. He preferred in-person conversations to texts or phone calls and hired expensive tax attorneys to advise him on his moves.

FPL was kept apprised of the work. Flight records show that the Matrix company jet made frequent visits to Palm Beach, where the utility is headquartered, and the leaked documents contain lively text and email correspondences between Pitts and its executives. FPL’s public affairs VPs were forwarded drafts of political ads slated to run against candidates they hoped to defeat. The Matrix document trove also included emails between Pitts and Silagy wherein Pitts lists names of dark money nonprofits and political committees to which Silagy could donate. There was also a Matrix invoice seeking reimbursement for incorporating a nonprofit that helped fund the ghost candidate campaigns.

A generation ago, power companies were forced to disclose the names of their consultants and attorneys, but the Federal Energy Regulatory Commission, which oversees the industry, did away with the rule in 2002. Jon Wellinghoff, FERC’s chairman from 2009 to 2013, told me he regrets not reinstating it. “We didn’t reverse that when I was chairman,” he said, “And we should have. All that should be disclosed. All that should be open to the public and available—information right down to the $100 contribution.”

Pitts didn’t end up staying for dinner at Chuck’s. He got takeout instead, Forbes says, and never forked over the dirt on Alabama Power’s CEO. Neither did Pitts’ attorney, with whom Forbes kept corresponding until he grew too frustrated: “I was livid. I was like, ‘This is a waste of my time.’”

It was opening day of the 2023 session of the Florida Legislature, and the capitol was abuzz. House Speaker Paul Renner presided over his chamber’s opening ceremonies, introducing a dozen former members in attendance. Among them was Frank Artiles, who, despite his legal troubles, had maintained close ties with some of Florida’s Republican power brokers. He would register as a lobbyist that session—for a construction company that paints traffic lanes.

Twenty-nine months had passed since the Fitzpatrick’s election party, and two years since Artiles’ arrest and indictment. Pitts and Perkins had by this time settled their lawsuit, and Silagy had recently taken his leave from FPL.

Police take pictures of Artiles’ car during a raid at his home in Palmetto Bay, March 17, 2021.Pedro Portal/Miami Herald/Floodlight

The utility’s veil of secrecy had been pierced—at least temporarily. Weeks after the meeting between Pitts and Forbes, the first batch of Matrix records arrived at the offices of the Sentinel in an envelope with no return address. The intel consisted of a heavily redacted copy of a nearly 200-page report Perkins had sent to NextEra’s board of directors in November 2021. It detailed Pitts’ allegedly secret work for FPL, efforts ranging from municipal to congressional campaigns, funded by millions in utility cash.

In 2018 alone, the report revealed, Pitts had participated in campaigns against a South Miami mayor who supported rooftop solar, ran ghost candidates against both a Miami-Dade commissioner critical of an FPL nuclear plant and a progressive state Senate candidate in Gainesville, and moved millions of dollars to help defeat Democratic gubernatorial nominee Andrew Gillum, who lost to Ron DeSantis that year by a razor-thin 0.4 percent margin.

Pitts’ work, the report showed, went beyond elections and into acquisitions. In 2019, Pitts had aided in FPL’s failed attempt to acquire the Jacksonville Electric Authority, a city-owned utility whose territory it coveted. His contributions included hiring a private detective to follow a reporter who’d written critically of the proposed sale, running a front group that championed the sale, and enlisting a contractor to offer Garrett Dennis—a Jacksonville councilman seen as unlikely to support the sale—a $250,000-a-year job with the same dark money group, Grow United, that distributed the ghost candidate funds to the other nonprofits. Accepting the position would mean giving up his council seat. (Dennis didn’t bite.)

The leaked records also detailed how Matrix and Pitts had paid at least $900,000 to six pay-to-play news outlets in Florida and Alabama between 2013 and 2020. The outlets, with more than 1.3 million combined monthly viewers, attacked critics and enemies of Southern Co., FPL, and other Matrix clients, though all of them deny that the payments influenced their coverage.

“These are types of allegations and scandals that shatter the belief that this publicly regulated utility is a safe, secure, and non-volatile investment,” the attorneys in a federal securities suit filed against NextEra in December 2023 wrote of the revelations. It was one of at least two class-action suits filed against the company since Silagy’s resignation alleging political impropriety.

The proceedings in the shareholder suit have been telling, though perhaps not in the way the plaintiffs would prefer. At a hearing this past May, federal district court Judge Aileen Cannon asked their attorneys to clarify the case against NextEra. “Just so I understand,” she said, “has there been any finding of liability…We talk about, sort of, allegations of wrongdoing and criminality. Can you just pinpoint exactly what would be the crime and has there been any finding of such a crime?”

“Artiles is the victim in this case!” his lawyer told me. “He’s the one that quote got fucked on fake scams, on fraudulent business deals that didn’t exist.”

Plaintiffs attorney Jeffrey Block responded in the negative.      

“So, I guess, what exactly is wrong that was allegedly done?” Cannon said.      

Her question, albeit unwittingly, broaches a bigger issue, with ramifications far beyond Florida. The IRS and the FEC have generally failed to enforce nonprofit and election laws effectively. At the state level, regulatory boards are easily influenced—and their penalties for breaking the rules, to the extent they are imposed, are often too small to discourage bad behavior.

It is a system that practically invites monopoly power companies and their consultants to exploit every loophole to maximize political leverage and profit—and even, in some cases, to spend money collected from power consumers to lobby for actions that run counter to those ratepayer’s interests. “It’s ludicrous on its face that state-granted monopolies that provide an essential service are allowed to lobby at all. It ought to be unthinkable,” energy expert David Roberts noted during a 2023 discussion of utility corruption on his podcast, Volts.

The notion of a monopoly utility launching a secret effort to field bogus candidates and trick voters would seem all the more unthinkable, and the fact that a federal judge feels compelled to ask what the company is actually alleged to have done wrong is telling.

Back in January, public corruption prosecutor Tim VanderGiesen told Cannon he intended to follow the money, although it’s not clear how far up the chain he intends to go. “It’s the money, the payment, that makes this illegal, judge,” he asserted then. The state’s position is, look at all the trouble that they were going through to run…ghost candidates.”

As for Artiles’ alleged ghost candidate activities, “It’s my opinion that this case is politically motivated,” defense attorney Quintero told a Miami-Dade Circuit Court judge during a hearing earlier this year. “It’s not just one party that does it. It’s both parties and it’s perfectly legal. Period. End of story.”

Man in mask, sunglasses and red baseball hat.
Ghost candidate Alex Rodriguez leaves the Turner Guilford Knight Correctional Center in Miami after posting bail on March 18, 2021. Rodriguez, facing several charges, agreed to testify against Artiles in exchange for leniency.Matias J. Ochner/Miami Herald/Floodlight

The state’s star witness this week is none other than ghost candidate Alex Rodriguez, who agreed to plead guilty to some charges and testify against Artiles to avoid a possible prison sentence. The defendant’s legal team is attempting to impugn Rodriguez’s character and portray the money that changed hands between the two men as a con. “Artiles is the victim in this case!” Quintero told me. “He’s the one that quote got fucked on fake scams, on fraudulent business deals that didn’t exist, on loans, on a car Rodriguez sold to him that didn’t exist.”

The jury is expected to decide on the guilt or innocence of Frank Artiles by the end of September. Yet after all the courtroom dramas, feuding consultants, and exposés about the financial subterfuge that enabled the ghost candidates, it remains unclear when, and whether, and to what extent, anyone will ever hold NextEra accountable.

“The system is on trial, because the system enables this kind of conduct,” Dave Aronberg, the Palm Beach County state attorney, told me of Artiles’ trial. “In a fully functioning democracy, this kind of scandal would result in real changes to campaign finance laws. But Florida doesn’t have a fully functioning democracy.”

Florida “Ghost Candidates” Scandal Puts the Entire Utility Sector on Trial

18 September 2024 at 10:00

This story was reported by Floodlight, a nonprofit newsroom that investigates the powerful interests stalling climate action.

Liam Fitzpatrick’s was packed on a Tuesday in November, and all eyes in the suburban Orlando, Florida, pub were glued to the TVs behind the bar. Fitzpatrick’s usually had sports on, but this was Election Eve 2020, and Republican state Senate candidate Jason Brodeur watched nervously as the results trickled in. This was his election party. Brodeur’s campaign had spent millions of dollars running him for an open seat against the Democratic nominee, a labor attorney, and the race was neck and neck.

But his backers had a secret weapon. Just before the filing deadline, a substitute teacher named Jestine Iannotti had joined the race as an unaffiliated third-party candidate. A political unknown, she didn’t even campaign. The central Florida district was then carpeted with misleading mailers that appealed to liberal values and voters’ distaste for partisan politics—one included a stock photo that seemed to imply that Iannotti, who is white, is a Black woman. If she siphoned off votes from his Democratic rival, Brodeur stood a better chance.

Iannotti was a “ghost candidate,” one with no hope of winning who runs—or is run—specifically as a spoiler. Ghost candidates are legal in Florida—sort of. Any eligible person can run for public office, but the covert financing of ghost campaigns sometimes runs afoul of even that state’s famously lax election laws. State prosecutors would eventually conclude that Iannotti and another ghost candidate who ran in 2020—along with their political consultants—had broken quite a few. (Brodeur claimed ignorance of the scheme, and has faced no legal action as a result, though a local tax collector on trial for unrelated charges would later testify that Brodeur was well aware of it.)

Also at Fitzpatrick’s that night was then-47-year-old Frank Artiles, a burly, foul-mouthed ex-Marine and former Republican state senator. Artiles, who is Cuban American, had resigned his Senate post in disgrace in 2017 after using racial slurs in front of two Black colleagues during a drunken rant. He, too, was fixated on Brodeur’s returns, as well as the results of an even tighter state Senate race in south Miami-Dade.

Man wearing a mask wearing a white shirt surrounded by TV cameras.
Frank Artiles leaves the Turner Guilford Knight Correctional Center in Miami on March 18, 2021, after posting bail in a case related to Florida’s 2020 District 37 state Senate campaign.Matias J. Ochner/Miami Herald/Floodlight

The latter contest was a slugfest between one of Florida’s highest-profile Democratic lawmakers, José Javier Rodriguez, and Republican Ileana García, founder of Latinas for Trump. It, too, hinged on a ghost candidate: Alex Rodriguez, a down-on-his-luck salesman of used heavy equipment, whose shared surname with the incumbent was no coincidence. Like Iannotti, Rodriguez hadn’t campaigned. He, too, was boosted by a flood of misleading mailers. 

As the final tallies came in, the mood at Fitzpatrick’s turned electric. Brodeur ended up winning his seat by about 7,600 votes. (Iannotti drew nearly 6,000.) In south Miami-Dade, Garcia, the Republican, edged out incumbent José Rodriguez by fewer than 40 votes. Artiles was jubilant. “That was me!” a partygoer recalls him yelling. “That’s all me!”

At a criminal trial this week in Miami, the prosecution may ask the jury to interpret Artiles’ outburst as an admission of guilt. Four months after the election party, the Miami-Dade state attorney charged him and ghost candidate Rodriquez with multiple campaign finance–related felonies. Among other charges, Artiles stands accused of conspiracy, making excessive campaign contributions, and “false swearing” in connection with voting or elections. If found guilty on all counts, he faces up to five years in prison.

In Central Florida, prosecutors issued a multi-count indictment against Iannotti and the two operatives (Eric Foglesong and Ben Paris, chair of the Seminole County Republican Party) who’d arranged for her to run. (A ghost candidate Artiles had recruited for a third state Senate race—a spa owner whose wife regularly waxed Artiles’ back—was not charged.) In 2022, a jury found Paris guilty of interfering in an election by means of an illegal campaign donation—the state recommended 60 days in jail; the judge gave him a year of probation, community service, and a fine. Foglesong, charged with felony and misdemeanor election crimes, avoided possible jail time by pleading no contest to misdemeanor charges, and Iannotti pleaded no contest last month to a pair of first-degree misdemeanors. Artiles maintains his innocence.

In a December 2023 deposition, political consultant Patrick Bainter told Florida prosecutors that he hired former state Sen. Frank Artiles to run “independent” candidates to help solidify the Senate’s Republican majority.Floodlight

And all of the above might have been just another colorful tale of shady politics in the Sunshine State were it not for a spat between political consultants.

Indeed, after the leaders of Matrix LLC, a high-powered political consulting firm whose CEO helped finance the ghost campaigns, started feuding, the story took on a new life, offering something rarer and more consequential: a glimpse, oddly enough, into the political meddling of one of America’s largest power companies.

The source of the leak was never clear, but as the consultants squabbled, thousands of pages of Matrix’s internal documents made it into the hands of Florida news outlets. The revelations therein, and reporting on discovery materials generated by the various prosecutions, would culminate in the abrupt January 2023 retirement of Florida Power & Light CEO Eric Silagy, triggering a single-day, $14 billion drop in the company’s market value.

FPL is a subsidiary of NextEra Energy, one of the nation’s largest utility conglomerates in terms of homes and businesses served. And although its parent is a major producer of renewable energy, FPL is among Florida’s biggest greenhouse-gas emitters. The leaked documents, in any case, showed that FPL was enmeshed in a covert campaign of media manipulation, surveillance, and what one federal securities lawsuit calls electoral “dirty tricks,” all in the name of maximizing profits.

Investigations by Floodlight and other Florida news outlets would reveal that the ghost candidates were bankrolled with some $730,000 in dark money, $100,000 of which was channeled through a prominent Republican operative into a 501(c)(4) nonprofit that Artiles controlled. (Artiles’ attorney, Frank Quintero, disputes that any of that money ever made it to ghost candidate Rodriguez: “The prosecutor can say whatever the fuck he wants, but the reality is different than what he wants it to be.”) The remaining $630,000 made its way through a daisy chain of opaque nonprofits partially overseen by the CEO of Matrix, which was then working for FPL.

In this undated email obtained by Floodlight via public records request, Artiles offers advice to political consultant Patrick Bainter related to running a ghost candidate in the 2020 election.Floodlight

From the utility’s perspective, expanding the state Senate’s Republican majority—by whatever means—would help fulfill its legislative priorities. Those priorities included escaping liability for damages related to power outages in the wake of Hurricane Irma; ousting J.R. Kelly, the state’s long-serving (unsympathetic) consumer utility watchdog; and winning approval from the Senate-confirmed Public Service Commission for Florida’s largest-ever hike in electricity rates. The defeat of Sen. Rodriguez had the added benefit of kneecapping one of the state’s most prominent backers of rooftop solar, which reduces carbon emissions and lowers utility bills—and against which FPL had waged a decade-long counterinsurgency campaign.

FPL, which declined to comment for this article, prevailed on all counts.

The company has steadfastly denied wrongdoing, although it does not dispute hiring Matrix. “They did good work,” then-CEO Silagy told me in June 2022. During the same interview, he admitted to authoring a January 2019 email about Sen. Rodríguez, wherein Silagy ordered his minions “to make his life a living hell”—a directive that was immediately relayed to Matrix.

White man in blue shirt.
Eric Silagy, the former president and CEO of Florida Power & LightMatias J. Ocner/Miami Herald/Zuma

The utility claims that two outside law firms, whose investigations FPL commissioned but has never made public, have cleared it of election-related liability or wrongdoing, despite reporting that suggests otherwise. The Orlando Sentinel, for example, reported that Silagy sometimes used an email pseudonym (Theodore Hayes) when communicating with Jeff Pitts, then CEO of Matrix. And a 2022 Federal Election Commission complaint accused five nonprofits linked to Pitts of “direct and serious violations of the Federal Election Campaign Act.”

The complaint, dismissed earlier this year after the partisan six-member commission deadlocked on a party-line vote, cites a memo Pitts sent to Silagy laying out how FPL could channel money covertly through a series of nonprofits and, ultimately, a super-PAC, to fund “‘political activities’ on both the state and federal level.” The complaint alleges that “the effect of this scheme would be to illegally hide the identities of the true source or sources of contributions.”  

“Unfortunately, partisan gridlock and dysfunction has become routine at the FEC, which has only opened four investigations this year,” says Stuart McPhail, senior litigation counsel at Citizens for Responsibility and Ethics in Washington, the nonprofit that filed the complaint. “That means many complaints, even those for which the FEC’s nonpartisan expert staff recommends an investigation, end in partisan gridlock. That’s exactly what happened with our complaint.”

The scenes to follow are based on thousands of pages of documents and more than 50 interviews with various players. In addition to setting the stage for Artiles’ long-delayed trial, they offer a window into how some utility monopolies have chosen to flex their political power, pushing legal boundaries for financial gain, and sometimes thwarting America’s transition to clean energy in the process.

On a Friday evening in late February 2017, 32 NASCAR race-truck drivers squinted under the Daytona International Speedway’s 2,000-watt lights. Their eyes were fixed on state Sen. Frank Artiles, who sported a suede jacket emblazoned with the NextEra logo. He waved a green flag to kick off the 250-mile race, sponsored by NextEra Energy Resources, another NextEra subsidiary, but just two laps in things went awry—a 17-vehicle pile-up that resulted in one of the trucks getting completely totaled.

Your high school English teacher would call this foreshadowing.

Man in brown jacket standing in the middle of a man and woman in white race car driving suits.
Artiles, then-chairman of the Florida Senate’s energy and utilities committee, poses with race officials at Daytona Beach International Speedway on February 24, 2017.Facebook/Frank Artiles/Floodlight

Artiles was then serving his first term in the Florida Senate and chairing its energy committee. That is to say, the elected official who controlled the fate of state bills related to energy and the environment was accepting the red-carpet treatment from a utility holding company that routinely had business before his committee.

Such potential conflicts of interest are not unusual in the utility realm. Investor-owned power companies specialize in charming and lobbying legislators and regulators. A captured regulator might approve a higher profit margin for a power company than an adversarial one would. A friendly legislator is more likely to pass favorable laws. Across the nation, utilities are the most active lobbyists on state environmental bills.

Our system “gives utilities incredible incentive to build out massive, sophisticated, elaborate, sometimes clandestine political influence machines.”

What makes the situation especially irksome is that utilities are not normal companies. The firms that provide gas and electricity and send monthly bills to homeowners and businesses are state-sanctioned monopolies. They don’t make money from selling power per se. Rather, like a waiter with guaranteed tips, their profit margins are pre-determined by regulators based on how much they invest in their infrastructure. The more plants and poles and substations a utility builds, the bigger its guaranteed return, which averages about 10 percent nationwide. (FPL’s have run as high as 11.8 percent.) Politicians and regulators, at least in theory, are supposed to act on behalf of consumers and prevent utilities from running up the tab.

The way the system is set up “gives utilities incredible incentive to build out massive, sophisticated, elaborate, sometimes clandestine political influence machines,” says David Pomerantz, executive director of the Energy and Policy Institute, a nonprofit utility watchdog. “No matter how you slice it,” he adds, “they are among the biggest spenders on political influence generally.”

The numbers are staggering. According to the Institute for Local Self Reliance, an energy think tank, investor-owned utilities have given more than $130 million to federal candidates over the past decade and have spent more than $294 million on state political races between 2014 and 2023.

FPL alone donated at least $42 million to Florida lawmakers between June 2013 and June 2023, according to a Floodlight analysis. And that’s just reported donations. Across the nation, from 2014 to 2020, power companies pumped at least $215 million more into politics via 501(c)(4) nonprofits that don’t have to reveal their donors—which is why these funds are referred to as “dark money.”

Utility influence operations have led to a generational resurgence of fraud and corruption in the sector. A recent Floodlight analysis of three decades of corporate prosecutions and federal lawsuits describes malfeasance that has cost electricity customers at least $6.6 billion over the past 10 years. The costs to the environment and the energy transition are also steep. Utilities in Ohio struck a corrupt bargain with prominent state lawmakers—some of whom were convicted and sentenced to prison—to prop up failing coal and nuclear plants. Utilities in Arizona were investigated by the FBI for using dark money to elect energy regulators who slashed rooftop solar incentives, though no charges have been filed.

Artiles’ Daytona junket didn’t break any laws, but the optics weren’t great. He’d flown in on a private plane that belonged to his campaign treasurer—an FPL lobbyist. The night of the NASCAR race, he took in $10,000 in contributions at a fundraiser in his honor, where he rubbed shoulders with Keanu Reeves. The next day, he visited Disney’s Epcot Center as the guest of John Holley, FPL’s top in-house lobbyist. “It was an honor to be there,” Artiles told the Miami Herald after the news got out. “I’m not going to lie to you. It was cool.”

After returning to Tallahassee, Artiles fast-tracked two bills coveted by FPL.

But like the truck totaled during that second lap at Daytona, the freshman senator’s tenure would be short-lived. About a month after the FPL junket, Artiles got into an argument with two Black fellow senators at a private club near the state Capitol, berating them and using the n-word. The Senate president made Artiles stand and apologize to his colleagues, after which Artiles walked straight out of the chamber and into a gaggle of reporters, shedding his conciliatory tone like a football player doffing sweaty pads. This prompted the legislative Black caucus to demand his expulsion. Artiles resigned two days later.

Two men in grey suits smile and shake hands.
Then–Florida state Rep. Frank Artiles (R-Miami) is congratulated by Rep. Alan Williams (D-Tallahassee) in 2016. Artiles resigned from the Senate the following year after making racist remarks.Scott Keeler/Tampa Bay Times/Zuma

He was out of the Senate, but not the game. In October 2017, Artiles was invited to a lunch meeting with Ryan Tyson, then a leading Republican operative for Associated Industries of Florida, a powerful trade group to which FPL had donated millions. Tyson, a pollster, had done work on issues critical to FPL, and was executive director of Let’s Preserve the American Dream—a nonprofit that would play a key role in the ghost candidate scandal. Alex Alvarado, Tyson’s protégé, set up the lunch, which Tyson says he does not recall attending. Starting that same month, and continuing into 2021, Artiles would receive $5,000 monthly payments from Tyson for “research services” related to Hispanic voters.

After the 2020 election, Tyson and his group came under the scrutiny of the prosecutors. “We waived all privileges and co-operated with the government in its investigation,” he told me recently. “They couldn’t explain to us what they were looking for, but we were nonetheless cooperative.” (Tyson was never charged with wrongdoing.) “This is crazy that this is how law-abiding tax paying cooperative citizens are treated,” he said.

Chuck’s, a fish house in suburban Birmingham, Alabama, was bustling on the evening of October 26, 2021, when a former Pat Buchanan staffer named K.B. Forbes arrived for what he thought was dinner with Jeff Pitts, who until recently had been CEO of Matrix.

Black and white photo of man in suit smiling.
Jeff Pitts, the former CEO of Matrix , had a major falling out with the firm’s founder.Floodlight

A few months earlier, Joe Perkins, Matrix’s founder, had sued Pitts, his longtime employee and erstwhile protégé. The suit, which had FPL and two of its executives as “fictitious” (unnamed) co-defendants, basically accused Pitts of running his own firm within the firm, stealing Matrix’s clients and cash, operating a clandestine network of dark money groups, and working for FPL without Perkins’s knowledge. (Pitts, in legal filings, denied all of these claims.)

At first, their split had seemed like an amicable, if unexpected, business divorce. “Joe Perkins flew Jeff Pitts down on his plane to meet with me personally to let me know that they had come to an agreement that they were going to part ways, and it was okay,” Silagy said during our 2022 interview. “And then apparently, somewhere along the way, Jeff and Joe got sideways.”

This much was clear: For a decade, Matrix had been the servant of two masters, working both for Southern Co., the nation’s second-largest utility holding company, and NextEra Energy. But as the partners’ acrimony grew, so did the friction between the energy giants. Forbes, who publishes a blog critical of Alabama Power, a Southern Co. subsidiary, told me he had gone to Chuck’s in the hope of obtaining damaging information about Alabama Power’s CEO, Mark Crosswhite. But the vibe was off, and the conversation awkward.

Pitts “was a nervous wreck,” Forbes recalled. “That’s why, on my blog, I call him Jittery Jeff.”

The lawsuit came at a difficult time for Pitts. His new firm, Canopy Partners, less than a year old, was already drawing law enforcement interest. The Miami-Dade Public Corruption Task Force had obtained sworn testimony from Abigail MacIver, one of Pitts’ co-founders, in exchange for limited immunity from prosecution in the ghost candidate scandal. MacIver laid out how she, Pitts, and a contractor had channeled money from a nonprofit operated by Tyson into political committees controlled by Alvarado, Tyson’s associate, by way of a tax-exempt group Pitts controlled. Those committees paid for the ghost candidate mailers.

This voter mailer promoting ghost candidate Jestine Iannotti was criticized for seeming to suggest that Iannotti, who is white, is a Black woman.Floodlight

Reporting from the Sentinel also tied Pitts’ dark-money network to an FPL-funded campaign to defeat a ballot initiative that would have introduced competition into state energy markets and broken FPL’s monopoly. Tyson worked as a pollster on the campaign to counter the initiative. (Neither Pitts nor any Canopy Partners associates have been charged with crimes.)

Pitts is a dapper guy in his early 50s who brings to mind Fred Astaire. He was one of the first employees at Matrix in 1995 and became the director of its Birmingham office in 2009. He enjoys the good life, according to former associates: steak dinners, private flights, expensive wine. But by the time he met with Forbes, his life had grown complicated. “He could not look me in the eye,” Forbes told me, and Pitts wouldn’t stop rubbing the back of his head with his left hand during their dinner: “He was twirling his hair in circles.”

“These are types of allegations and scandals that shatter the belief that this publicly regulated utility is a safe, secure, and non-volatile investment.”

Matrix began consulting for NextEra, FPL’s parent, in the early 2010s. Pitts took extraordinary care to conceal his—and FPL’s—involvement in Florida elections. He obscured the money trail by creating multiple layers of subcontractors, shell companies, and 501(c)(4) nonprofits. In one case, he listed the brother of a Matrix subcontractor as the head of several nonprofits in his network, which he registered in faraway states. He preferred in-person conversations to texts or phone calls and hired expensive tax attorneys to advise him on his moves.

FPL was kept apprised of the work. Flight records show that the Matrix company jet made frequent visits to Palm Beach, where the utility is headquartered, and the leaked documents contain lively text and email correspondences between Pitts and its executives. FPL’s public affairs VPs were forwarded drafts of political ads slated to run against candidates they hoped to defeat. The Matrix document trove also included emails between Pitts and Silagy wherein Pitts lists names of dark money nonprofits and political committees to which Silagy could donate. There was also a Matrix invoice seeking reimbursement for incorporating a nonprofit that helped fund the ghost candidate campaigns.

A generation ago, power companies were forced to disclose the names of their consultants and attorneys, but the Federal Energy Regulatory Commission, which oversees the industry, did away with the rule in 2002. Jon Wellinghoff, FERC’s chairman from 2009 to 2013, told me he regrets not reinstating it. “We didn’t reverse that when I was chairman,” he said, “And we should have. All that should be disclosed. All that should be open to the public and available—information right down to the $100 contribution.”

Pitts didn’t end up staying for dinner at Chuck’s. He got takeout instead, Forbes says, and never forked over the dirt on Alabama Power’s CEO. Neither did Pitts’ attorney, with whom Forbes kept corresponding until he grew too frustrated: “I was livid. I was like, ‘This is a waste of my time.’”

It was opening day of the 2023 session of the Florida Legislature, and the capitol was abuzz. House Speaker Paul Renner presided over his chamber’s opening ceremonies, introducing a dozen former members in attendance. Among them was Frank Artiles, who, despite his legal troubles, had maintained close ties with some of Florida’s Republican power brokers. He would register as a lobbyist that session—for a construction company that paints traffic lanes.

Twenty-nine months had passed since the Fitzpatrick’s election party, and two years since Artiles’ arrest and indictment. Pitts and Perkins had by this time settled their lawsuit, and Silagy had recently taken his leave from FPL.

Police take pictures of Artiles’ car during a raid at his home in Palmetto Bay, March 17, 2021.Pedro Portal/Miami Herald/Floodlight

The utility’s veil of secrecy had been pierced—at least temporarily. Weeks after the meeting between Pitts and Forbes, the first batch of Matrix records arrived at the offices of the Sentinel in an envelope with no return address. The intel consisted of a heavily redacted copy of a nearly 200-page report Perkins had sent to NextEra’s board of directors in November 2021. It detailed Pitts’ allegedly secret work for FPL, efforts ranging from municipal to congressional campaigns, funded by millions in utility cash.

In 2018 alone, the report revealed, Pitts had participated in campaigns against a South Miami mayor who supported rooftop solar, ran ghost candidates against both a Miami-Dade commissioner critical of an FPL nuclear plant and a progressive state Senate candidate in Gainesville, and moved millions of dollars to help defeat Democratic gubernatorial nominee Andrew Gillum, who lost to Ron DeSantis that year by a razor-thin 0.4 percent margin.

Pitts’ work, the report showed, went beyond elections and into acquisitions. In 2019, Pitts had aided in FPL’s failed attempt to acquire the Jacksonville Electric Authority, a city-owned utility whose territory it coveted. His contributions included hiring a private detective to follow a reporter who’d written critically of the proposed sale, running a front group that championed the sale, and enlisting a contractor to offer Garrett Dennis—a Jacksonville councilman seen as unlikely to support the sale—a $250,000-a-year job with the same dark money group, Grow United, that distributed the ghost candidate funds to the other nonprofits. Accepting the position would mean giving up his council seat. (Dennis didn’t bite.)

The leaked records also detailed how Matrix and Pitts had paid at least $900,000 to six pay-to-play news outlets in Florida and Alabama between 2013 and 2020. The outlets, with more than 1.3 million combined monthly viewers, attacked critics and enemies of Southern Co., FPL, and other Matrix clients, though all of them deny that the payments influenced their coverage.

“These are types of allegations and scandals that shatter the belief that this publicly regulated utility is a safe, secure, and non-volatile investment,” the attorneys in a federal securities suit filed against NextEra in December 2023 wrote of the revelations. It was one of at least two class-action suits filed against the company since Silagy’s resignation alleging political impropriety.

The proceedings in the shareholder suit have been telling, though perhaps not in the way the plaintiffs would prefer. At a hearing this past May, federal district court Judge Aileen Cannon asked their attorneys to clarify the case against NextEra. “Just so I understand,” she said, “has there been any finding of liability…We talk about, sort of, allegations of wrongdoing and criminality. Can you just pinpoint exactly what would be the crime and has there been any finding of such a crime?”

“Artiles is the victim in this case!” his lawyer told me. “He’s the one that quote got fucked on fake scams, on fraudulent business deals that didn’t exist.”

Plaintiffs attorney Jeffrey Block responded in the negative.      

“So, I guess, what exactly is wrong that was allegedly done?” Cannon said.      

Her question, albeit unwittingly, broaches a bigger issue, with ramifications far beyond Florida. The IRS and the FEC have generally failed to enforce nonprofit and election laws effectively. At the state level, regulatory boards are easily influenced—and their penalties for breaking the rules, to the extent they are imposed, are often too small to discourage bad behavior.

It is a system that practically invites monopoly power companies and their consultants to exploit every loophole to maximize political leverage and profit—and even, in some cases, to spend money collected from power consumers to lobby for actions that run counter to those ratepayer’s interests. “It’s ludicrous on its face that state-granted monopolies that provide an essential service are allowed to lobby at all. It ought to be unthinkable,” energy expert David Roberts noted during a 2023 discussion of utility corruption on his podcast, Volts.

The notion of a monopoly utility launching a secret effort to field bogus candidates and trick voters would seem all the more unthinkable, and the fact that a federal judge feels compelled to ask what the company is actually alleged to have done wrong is telling.

Back in January, public corruption prosecutor Tim VanderGiesen told Cannon he intended to follow the money, although it’s not clear how far up the chain he intends to go. “It’s the money, the payment, that makes this illegal, judge,” he asserted then. The state’s position is, look at all the trouble that they were going through to run…ghost candidates.”

As for Artiles’ alleged ghost candidate activities, “It’s my opinion that this case is politically motivated,” defense attorney Quintero told a Miami-Dade Circuit Court judge during a hearing earlier this year. “It’s not just one party that does it. It’s both parties and it’s perfectly legal. Period. End of story.”

Man in mask, sunglasses and red baseball hat.
Ghost candidate Alex Rodriguez leaves the Turner Guilford Knight Correctional Center in Miami after posting bail on March 18, 2021. Rodriguez, facing several charges, agreed to testify against Artiles in exchange for leniency.Matias J. Ochner/Miami Herald/Floodlight

The state’s star witness this week is none other than ghost candidate Alex Rodriguez, who agreed to plead guilty to some charges and testify against Artiles to avoid a possible prison sentence. The defendant’s legal team is attempting to impugn Rodriguez’s character and portray the money that changed hands between the two men as a con. “Artiles is the victim in this case!” Quintero told me. “He’s the one that quote got fucked on fake scams, on fraudulent business deals that didn’t exist, on loans, on a car Rodriguez sold to him that didn’t exist.”

The jury is expected to decide on the guilt or innocence of Frank Artiles by the end of September. Yet after all the courtroom dramas, feuding consultants, and exposés about the financial subterfuge that enabled the ghost candidates, it remains unclear when, and whether, and to what extent, anyone will ever hold NextEra accountable.

“The system is on trial, because the system enables this kind of conduct,” Dave Aronberg, the Palm Beach County state attorney, told me of Artiles’ trial. “In a fully functioning democracy, this kind of scandal would result in real changes to campaign finance laws. But Florida doesn’t have a fully functioning democracy.”

Amazon’s “Water Positive” Claim Comes With a Big Asterisk

31 August 2024 at 10:00

This story was originally published by Grist and is reproduced here as part of the Climate Desk collaboration.

Earlier this year, the e-commerce corporation Amazon secured approval to open two new data centers in Santiago, Chile. The $400 million venture is the company’s first foray into locating its data facilities, which guzzle massive amounts of electricity and water in order to power cloud computing services and online programs, in Latin America—and in one of the most water-stressed countries in the world, where residents have protested against the industry’s expansion.

This week, the tech giant made a separate but related announcement. It plans to invest in water conservation along the Maipo River, which is the primary source of water for the Santiago region. Amazon will partner with a water technology startup to help farmers along the river install drip irrigation systems on 165 acres of farmland. The plan is poised to conserve enough water to supply around 300 homes per year, and it’s part of Amazon’s campaign to make its cloud computing operations “water positive” by 2030, meaning the company’s web services division will conserve or replenish more water than it uses up.

The reasoning behind this water initiative is clear: Data centers require large amounts of water to cool their servers, and Amazon plans to spend $100 billion to build more of them over the next decade as part of a big bet on its Amazon Web Services cloud-computing platform. Other tech companies such as Microsoft and Meta, which are also investing in data centers to sustain the artificial-intelligence boom, have made similar water pledges amid a growing controversy about the sector’s thirst for water and power.

One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides.

Amazon claims that its data centers are already among the most water-efficient in the industry, and it plans to roll out more conservation projects to mitigate its thirst. However, just like corporate pledges to reach “net-zero” emissions, these water pledges are more complex than they seem at first glance.

While the company has indeed taken steps to cut water usage at its facilities, its calculations don’t account for the massive water needs of the power plants that keep the lights on at those very same facilities. Without a larger commitment to mitigating Amazon’s underlying stress on electricity grids, conservation efforts by the company and its fellow tech giants will only tackle part of the problem, according to experts who spoke to Grist.

The powerful servers in large data centers run hot as they process unprecedented amounts of information, and keeping them from overheating requires both water and electricity. Rather than try to keep these rooms cool with traditional air-conditioning units, many companies use water as a coolant, running it past the servers to chill them out. The centers also need huge amounts of electricity to run all their servers: They already account for around 3 percent of US power demand, a number that could more than double by 2030. On top of that, the coal, gas, and nuclear power plants that produce that electricity themselves consume even larger quantities of water to stay cool.

Will Hewes, who leads water sustainability for Amazon Web Services, told Grist that the company uses water in its data centers in order to save on energy-intensive air conditioning units, thus reducing its reliance on fossil fuels. 

“Using water for cooling in most places really reduces the amount of energy that we use, and so it helps us meet other sustainability goals,” he said. “We could always decide to not use water for cooling, but we want to, a lot, because of those energy and efficiency benefits.”

In order to save on energy costs, the company’s data centers have to evaporate millions of gallons of water per year. It’s hard to say for sure how much water the data center industry consumes, but the ballpark estimates are substantial. One 2021 study found that US data centers consumed around 415,000 acre-feet of water in 2018, even before the artificial-intelligence boom. That’s enough to supply around a million average homes annually, or about as much as California’s Imperial Valley takes from the Colorado River each year to grow winter vegetables. Another study found that data centers operated by Microsoft, Google, and Meta withdrew twice as much water from rivers and aquifers as the entire country of Denmark. 

In Pennsylvania, one Amazon data center consumes about 20 percent of the electricity capacity of the nuclear power plant nearby.

It’s almost certain that this number has ballooned even higher in recent years as companies have built more centers to keep up with the artificial-intelligence boom, since AI programs such as ChatGPT require massive amounts of server real estate. Tech companies have built hundreds of new data centers in the last few years alone, and they are planning hundreds more. One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides. The on-site water consumption at any one of these companies’ data centers could now rival that of a major beverage company such as PepsiCo. 

Amazon doesn’t provide statistics on its absolute water consumption; Hewes told Grist the company is “focused on efficiency.” However, the tech giant’s water usage is likely lower than some of its competitors—in part because the company has built most of its data centers with so-called evaporative cooling systems, which require far less water than other cooling technologies and only turn on when temperatures get too high. The company pegs its water usage at around 10 percent of the industry average, and in temperate locations such as Sweden, it doesn’t use any water to cool down data centers except during peak summer temperatures. 

Companies can reduce the environmental impact of their AI business by building them in temperate regions that have plenty of water, but they must balance those efficiency concerns with concerns about land and electricity costs, as well as the need to be close to major customers. Recent studies have found that data center water consumption in the US is “skewed toward water stressed subbasins” in places like the Southwest, but Amazon has clustered much of its business farther east, especially in Virginia, which boasts cheap power and financial incentives for tech firms.

“A lot of the locations are driven by customer needs, but also by [prices for] real estate and power,” said Hewes. “Some big portions of our data center footprint are in places that aren’t super hot, that aren’t in super water stressed regions. Virginia, Ohio—they get hot in the summer, but then there are big chunks of the year where we don’t need to use water for cooling.” Even so, the company’s expansion in Virginia is already causing concerns over water availability.

To mitigate its impacts in such basins, the company also funds dozens of conservation and recharge projects like the one in Chile. It donates recycled water from its data centers to farmers, who use it to irrigate their crops, and it has also helped restore the rivers that supply water-stressed cities such as Cape Town, South Africa; in northern Virginia, it has worked to install cover crop farmland that can reduce runoff pollution in local waterways.

The company treats these projects the way other companies treat carbon offsets, counting each gallon recharged against a gallon it consumes at its data centers. Amazon said in its most recent sustainability report that it is 41 percent of the way to meeting its goal of being “water positive.” In other words, it has funded projects that recharge or conserve a little over 4 gallons of water for every 10 gallons of water it uses. 

But despite all this, the company’s water stewardship goal doesn’t include the water consumed by the power plants that supply its data centers. This consumption can be as much as three to 10 times as large as the on-site water consumption at a data center, according to Shaolei Ren, a professor of engineering at the University of California, Riverside, who studies data center water usage. As an example, Ren pointed to an Amazon data center in Pennsylvania that relies on a nuclear power plant less than a mile away. That data center uses around 20 percent of the power plant’s capacity.

“If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing.”

“They say they’re using very little water, but there’s a big water evaporation happening just nearby, and that’s for powering their data center,” he said.

Companies like Amazon can reduce this secondary water usage by relying on renewable energy sources, which don’t require anywhere near as much water as traditional power plants. Hewes says the company has been trying to “manage down” both water and energy needs through a separate goal of operating on 100 percent renewable energy, but Ren points out that the company’s data centers need round-the-clock power, which means intermittently available renewables like solar and wind farms can only go so far.

Amazon isn’t the only company dealing with this problem. CyrusOne, another major data center firm, revealed in its sustainability report earlier this year that it used more than eight times as much water to source power as it did on-site at its data centers. “As long as we are reliant on grid electricity that includes thermoelectric sources to power our facilities, we are indirectly responsible for the consumption of large amounts of water in the production of that electricity,” the report said.

As for replenishment projects like the one in Chile, they too will only go part of the way toward reducing the impact of the data center explosion. Even if Amazon’s cloud operations are “water positive” on a global scale, with projects in many of the same basins where it owns data centers, that doesn’t mean it won’t still compromise water access in specific watersheds. The company’s data centers and their power plants may still withdraw more water than the company replenishes in a given area, and replenishment projects in other aquifers around the world won’t address the physical consequences of that specific overdraft.

“If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing, but I think it’s not really reducing the actual consumption,” Ren said. “It masks out a lot of real problems, because water is a really regional issue.”

Amazon’s “Water Positive” Claim Comes With a Big Asterisk

31 August 2024 at 10:00

This story was originally published by Grist and is reproduced here as part of the Climate Desk collaboration.

Earlier this year, the e-commerce corporation Amazon secured approval to open two new data centers in Santiago, Chile. The $400 million venture is the company’s first foray into locating its data facilities, which guzzle massive amounts of electricity and water in order to power cloud computing services and online programs, in Latin America—and in one of the most water-stressed countries in the world, where residents have protested against the industry’s expansion.

This week, the tech giant made a separate but related announcement. It plans to invest in water conservation along the Maipo River, which is the primary source of water for the Santiago region. Amazon will partner with a water technology startup to help farmers along the river install drip irrigation systems on 165 acres of farmland. The plan is poised to conserve enough water to supply around 300 homes per year, and it’s part of Amazon’s campaign to make its cloud computing operations “water positive” by 2030, meaning the company’s web services division will conserve or replenish more water than it uses up.

The reasoning behind this water initiative is clear: Data centers require large amounts of water to cool their servers, and Amazon plans to spend $100 billion to build more of them over the next decade as part of a big bet on its Amazon Web Services cloud-computing platform. Other tech companies such as Microsoft and Meta, which are also investing in data centers to sustain the artificial-intelligence boom, have made similar water pledges amid a growing controversy about the sector’s thirst for water and power.

One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides.

Amazon claims that its data centers are already among the most water-efficient in the industry, and it plans to roll out more conservation projects to mitigate its thirst. However, just like corporate pledges to reach “net-zero” emissions, these water pledges are more complex than they seem at first glance.

While the company has indeed taken steps to cut water usage at its facilities, its calculations don’t account for the massive water needs of the power plants that keep the lights on at those very same facilities. Without a larger commitment to mitigating Amazon’s underlying stress on electricity grids, conservation efforts by the company and its fellow tech giants will only tackle part of the problem, according to experts who spoke to Grist.

The powerful servers in large data centers run hot as they process unprecedented amounts of information, and keeping them from overheating requires both water and electricity. Rather than try to keep these rooms cool with traditional air-conditioning units, many companies use water as a coolant, running it past the servers to chill them out. The centers also need huge amounts of electricity to run all their servers: They already account for around 3 percent of US power demand, a number that could more than double by 2030. On top of that, the coal, gas, and nuclear power plants that produce that electricity themselves consume even larger quantities of water to stay cool.

Will Hewes, who leads water sustainability for Amazon Web Services, told Grist that the company uses water in its data centers in order to save on energy-intensive air conditioning units, thus reducing its reliance on fossil fuels. 

“Using water for cooling in most places really reduces the amount of energy that we use, and so it helps us meet other sustainability goals,” he said. “We could always decide to not use water for cooling, but we want to, a lot, because of those energy and efficiency benefits.”

In order to save on energy costs, the company’s data centers have to evaporate millions of gallons of water per year. It’s hard to say for sure how much water the data center industry consumes, but the ballpark estimates are substantial. One 2021 study found that US data centers consumed around 415,000 acre-feet of water in 2018, even before the artificial-intelligence boom. That’s enough to supply around a million average homes annually, or about as much as California’s Imperial Valley takes from the Colorado River each year to grow winter vegetables. Another study found that data centers operated by Microsoft, Google, and Meta withdrew twice as much water from rivers and aquifers as the entire country of Denmark. 

In Pennsylvania, one Amazon data center consumes about 20 percent of the electricity capacity of the nuclear power plant nearby.

It’s almost certain that this number has ballooned even higher in recent years as companies have built more centers to keep up with the artificial-intelligence boom, since AI programs such as ChatGPT require massive amounts of server real estate. Tech companies have built hundreds of new data centers in the last few years alone, and they are planning hundreds more. One recent estimate found that ChatGPT requires an average-sized bottle of water for every 10 to 50 chat responses it provides. The on-site water consumption at any one of these companies’ data centers could now rival that of a major beverage company such as PepsiCo. 

Amazon doesn’t provide statistics on its absolute water consumption; Hewes told Grist the company is “focused on efficiency.” However, the tech giant’s water usage is likely lower than some of its competitors—in part because the company has built most of its data centers with so-called evaporative cooling systems, which require far less water than other cooling technologies and only turn on when temperatures get too high. The company pegs its water usage at around 10 percent of the industry average, and in temperate locations such as Sweden, it doesn’t use any water to cool down data centers except during peak summer temperatures. 

Companies can reduce the environmental impact of their AI business by building them in temperate regions that have plenty of water, but they must balance those efficiency concerns with concerns about land and electricity costs, as well as the need to be close to major customers. Recent studies have found that data center water consumption in the US is “skewed toward water stressed subbasins” in places like the Southwest, but Amazon has clustered much of its business farther east, especially in Virginia, which boasts cheap power and financial incentives for tech firms.

“A lot of the locations are driven by customer needs, but also by [prices for] real estate and power,” said Hewes. “Some big portions of our data center footprint are in places that aren’t super hot, that aren’t in super water stressed regions. Virginia, Ohio—they get hot in the summer, but then there are big chunks of the year where we don’t need to use water for cooling.” Even so, the company’s expansion in Virginia is already causing concerns over water availability.

To mitigate its impacts in such basins, the company also funds dozens of conservation and recharge projects like the one in Chile. It donates recycled water from its data centers to farmers, who use it to irrigate their crops, and it has also helped restore the rivers that supply water-stressed cities such as Cape Town, South Africa; in northern Virginia, it has worked to install cover crop farmland that can reduce runoff pollution in local waterways.

The company treats these projects the way other companies treat carbon offsets, counting each gallon recharged against a gallon it consumes at its data centers. Amazon said in its most recent sustainability report that it is 41 percent of the way to meeting its goal of being “water positive.” In other words, it has funded projects that recharge or conserve a little over 4 gallons of water for every 10 gallons of water it uses. 

But despite all this, the company’s water stewardship goal doesn’t include the water consumed by the power plants that supply its data centers. This consumption can be as much as three to 10 times as large as the on-site water consumption at a data center, according to Shaolei Ren, a professor of engineering at the University of California, Riverside, who studies data center water usage. As an example, Ren pointed to an Amazon data center in Pennsylvania that relies on a nuclear power plant less than a mile away. That data center uses around 20 percent of the power plant’s capacity.

“If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing.”

“They say they’re using very little water, but there’s a big water evaporation happening just nearby, and that’s for powering their data center,” he said.

Companies like Amazon can reduce this secondary water usage by relying on renewable energy sources, which don’t require anywhere near as much water as traditional power plants. Hewes says the company has been trying to “manage down” both water and energy needs through a separate goal of operating on 100 percent renewable energy, but Ren points out that the company’s data centers need round-the-clock power, which means intermittently available renewables like solar and wind farms can only go so far.

Amazon isn’t the only company dealing with this problem. CyrusOne, another major data center firm, revealed in its sustainability report earlier this year that it used more than eight times as much water to source power as it did on-site at its data centers. “As long as we are reliant on grid electricity that includes thermoelectric sources to power our facilities, we are indirectly responsible for the consumption of large amounts of water in the production of that electricity,” the report said.

As for replenishment projects like the one in Chile, they too will only go part of the way toward reducing the impact of the data center explosion. Even if Amazon’s cloud operations are “water positive” on a global scale, with projects in many of the same basins where it owns data centers, that doesn’t mean it won’t still compromise water access in specific watersheds. The company’s data centers and their power plants may still withdraw more water than the company replenishes in a given area, and replenishment projects in other aquifers around the world won’t address the physical consequences of that specific overdraft.

“If they are able to capture some of the growing water and clean it and return to the community, that’s better than nothing, but I think it’s not really reducing the actual consumption,” Ren said. “It masks out a lot of real problems, because water is a really regional issue.”

❌
❌