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POLICY BRIEF                                                                                Vol. 23, No. 07
                                          from the COMMONWEALTH              FOUNDATION             July 2011




The Great Frack Attack: The War on Natural Gas
PAUL CHESSER   AND     MARK NEWGENT


                         Introduction

                             The development and growth of the Marcellus Shale natural gas industry is a
                         major boom for Pennsylvania’s economy. The industry has directly and indirectly
                         created tens of thousands of new jobs, with tens of thousands more to come if natu-
                         ral gas is allowed to continue in a safe and responsible manner; paid out billions in
                         royalty and lease payment to landowners; and contributed hundreds of millions of
                         dollars to state and local government tax coffers. Yet the development of this eco-
   This policy brief     nomic opportunity has become extremely controversial, with many politicians and
identifies some of       advocates calling for new taxes and fees on gas drillers and even an outright ban on
                         all drilling in the commonwealth.
    the top foes or
 obstructionists of
                             Much attention has been paid to the efforts of gas companies to influence the
   an industry that      political debate through campaign contributions and lobbying efforts. But anti-
 has brought tens        drilling activists—while claiming gas companies use their vast financial resources
   of thousands of       to weaken regulatory structures and silence poorly funded environmental groups—
  jobs to the Com-       influence politicians through their own lobbying efforts and by spreading myths
     monwealth of        about drilling. Among the myths alleged about “Big Gas” is that drillers are flocking
     Pennsylvania.       to Pennsylvania’s rich Marcellus Shale reserves, engaging in dangerous and highly
                         polluting drilling activities, and shirking responsibility for damages while success-
                         fully avoiding paying taxes.

                             These intentional distortions of reality have both misinformed the public under-
                         standing in Pennsylvania and the policy debate in Harrisburg. So who is behind the
                         attack on natural gas? Why are they doing it? And how much are they spending on
                         their efforts to hinder or prevent the extraction of natural gas in Pennsylvania?

                             This policy brief identifies some of the top foes or obstructionists of an industry
                         that has brought tens of thousands of jobs to the Commonwealth of Pennsylvania.
                          
                         The Wealthy Liberals 
                          
                             While some media contribute to the hysteria by passing along the propaganda
                         and exaggerated claims of environmentalist groups, some “journalistic enterprises”
                         were created specifically for disbursing their biased message.

                            That’s what Herb Sandler did with the nonprofit ProPublica in 2007. Together
                         with his wife Marion, the couple sold their subprime mortgage firm Golden West



                               COMMONWEALTH FOUNDATION for PUBLIC POLICY ALTERNATIVES
COMMONWEALTH FOUNDATION | policy brief




                           Financial Corp to Wachovia Corp. for $24.2 billion in 2006. Shortly after the sale,
                           the Charlotte-based bank was on the brink of failure when Wells Fargo Bank res-
                           cued the weakened Wachovia in 2008 for $14.8 billion.

                               Meanwhile, the Sandlers took their cash, created their own philanthropic foun-
                           dation, and began “strengthening the Progressive infrastructure,”1 donating millions
                           of dollars to support leftist groups like the Center for American Progress, National
                           Council of La Raza, Center for Responsible Lending, Pew Charitable Trusts, Ameri-
                           can Civil Liberties Union, Natural Resources Defense Council, EarthJustice, Center
                           for Biological Diversity and Free Press.

                               In 2007, Herb Sandler helped launch the investigative reporting nonprofit Pro-
                           Publica, infusing it with $1.25 million and becoming its board chairman. In 2008,
                           he followed with another $8 million. More than 92 percent of ProPublica’s revenues
                           in its first two years came from Sandler. The statement of ProPublica’s primary ex-
                           empt purpose, from its IRS Form 990 tax returns, says:
       This mission to
       fight “exploitat-      The Organization’s work focuses exclusively on truly important stories, stories
               ion” and       with “moral force.” The Organization does this by producing journalism that
       “unsavory prac-        shines a light on exploitation of the weak by the strong and on the failures of
                              those with power to vindicate the trust placed in them.
        tices” includes
        attacks on the        According to ProPublica’s Web site:
    natural gas indus-
     try—especially its       In the best traditions of American journalism in the public service, we seek to
         process of hy-       stimulate positive change. We uncover unsavory practices in order to stimulate
     draulic fracturing       reform. We do this in an entirely non-partisan and non-ideological manner, ad-
           (“fracking”).      hering to the strictest standards of journalistic impartiality. We won’t lobby. We
                              won’t ally with politicians or advocacy groups. We look hard at the critical func-
                              tions of business and of government, the two biggest centers of power, in areas
                              ranging from product safety to securities fraud, from flaws in our system of crimi-
                              nal justice to practices that undermine fair elections. But we also focus on such
                              institutions as unions, universities, hospitals, foundations and on the media when
                              they constitute the strong exploiting or oppressing the weak, or when they are
                              abusing the public trust.

                                ProPublica’s mission to fight “exploitation” and “unsavory practices” includes
                           attacks on the natural gas industry—especially its process of hydraulic fracturing
                           (“fracking”) of rock formations to access gas—as ProPublica has shown in its 100-
                           plus article series titled “Buried Secrets: Gas Drilling’s Environmental Threat.”2 The
                           list of titles read like a series of press releases from the other enviro-activist groups,
                           such as Earthjustice or Center for Biological Diversity, that Sandler bankrolls.

                               A majority of ProPublica’s natural gas articles were written by reporter Abrahm
                           Lustgarten. In 2009, his reporting came under the scrutiny of the Independence In-
                           stitute’s Dave Kopel, who found several errors and exaggerations that reflected
                           poorly on the industry (the same can be said for much of the ProPublica series). In
                           one example Kopel cited:3

                              The Colorado experience of zero cases of water contamination from hydraulic
                              fracturing is consistent with the 2002 study from the Interstate Oil and Gas Com-




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policy brief | COMMONWEALTH FOUNDATION




   pact Commission (a consortium of state regulatory agencies). The Commission
   surveyed regulatory agencies in 28 states (including Colorado and the other four
   states where ProPublica claimed that there were more than 1,000 “documented”
   cases of contamination). The response covered the entire history of hydraulic frac-
   turing in those states. Every single one of those 28 states reported that there had
   never been groundwater harm due to fracturing.

   The ProPublica article did not report the evidence from that government study,
   but brusquely dismissed it as “an anecdotal survey done a decade ago.” Actually,
   the 2002 study has no anecdotes, and with a dataset of almost a million wells, it
   cannot plausibly be considered “anecdotal.”

    Kopel’s observations about Lustgarten’s overall reporting were confirmed by a
state regulator interviewed by the ProPublica reporter. Wyoming groundwater regu-
lator Mark Thiesse, told Kopel in an email,4 “I spent several hours on the phone and
around a dozen follow up emails to try and help him write a factual article. Unfor-
tunately he seemed to have his own agenda.”
                                                                                             More than 100
     More than 100 articles dedicated to the misrepresentation of the dangers of natu-       articles dedicated
ral gas drilling is not a “journalistically responsible” effort, as ProPublica claims.       to the misrepre-
It’s become an effort to totally undermine a job-creating industry whose hydrofrac-          sentation of the
turing has been practiced safely for decades.                                                dangers of
                                                                                             natural gas
Heinz Endowments                                                                             drilling is not a
                                                                                             “journalistically
   Within Pennsylvania, the philanthropic giant behind opposition to Marcellus               responsible”
Shale drilling is the Heinz Endowments. The foundation led by billionaire heiress            effort, as
Teresa Heinz, wife of Massachusetts Sen. John Kerry, has increased scrutiny of               ProPublica
natural gas via grants, from none two years ago to 10 in 2010. Grants from Heinz En-         claims.
dowments to universities and nonprofits for the study of gas drilling “impacts,” out-
reach, organizing, legal issues, and oversight totaled more than $680,000 last year
alone.

    The purpose for the heightened interest by Heinz Endowments is clear: to put
the gas industry on notice. According to a Pittsburgh Tribune-Review report, the
Endowments are “providing grants worth about $2 million [apparently multiyear
commitments] for local universities to study the industry by first setting baselines
for the environment in areas where the drilling has not started,” said Caren Glot-
felty, director of the Heinz Endowments’ Environment Program. 5

    “We see the ramping up of the drilling and development of these natural gas
wells in the region without a very adequate regulatory framework,” she said. “There
are just a lot of impacts that people aren’t aware of.” Various universities and non-
profits have sought Heinz money to advance the foundation’s political objectives.
According to the Heinz Endowments’ Web site, Cornell University received
$150,000 “to analyze economic impact of Marcellus Shale natural gas drilling on
affected areas of Pennsylvania and New York.” Carnegie Mellon University received
$200,000 “to collect and manage baseline aquatic resources data to evaluate the im-
pact of shale gas development” and “to characterize the air pollution impacts of
Marcellus Shale development.”6




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COMMONWEALTH FOUNDATION | policy brief




                             Similarly, Heinz Endowments donated $59,000 to the Clean Water Fund “to
                         connect state networks of community efforts with policy development and to char-
                         acterize pollution impacts of Marcellus Shale development.” Considering the pre-
                         disposition of Heinz and their support of environmental extremism in the past, one
                         can imagine the characterization of pollution impacts is not in the natural gas in-
                         dustry’s favor.

                             A $25,000 gift to PennEnvironment “for outreach and organizing on Marcellus
                         Shale gas issues,” should put aside any doubt that Heinz is building a framework
                         for opposition to natural gas exploration and drilling.

                             And Heinz Endowments is also proactive in its enlistment of allies to exaggerate
                         the environmental threats of natural gas extraction. In November 2009, the Univer-
    Carnegie Mellon      sity of Pittsburgh announced:7
           University
            received        The Center for Healthy Environments and Communities (CHEC) at the University
      $200,000 “to          of Pittsburgh Graduate School of Public Health (GSPH) has been contracted by
    characterize the        The Heinz Endowments to conduct an analysis of the major threats to the envi-
                            ronment and health of people who live and work in southwestern Pennsylvania.
        air pollution
                            The Pittsburgh Regional Environmental Threat Analysis (PRETA) will identify
         impacts of         these threats throughout the region’s 10 counties.
    Marcellus Shale
      development.          “Environmental health encompasses all aspects of the natural and built environ-
                            ment that may affect human health,” said Conrad D. Volz, DrPH, MPH, PRETA
                            principal investigator, director of CHEC, and assistant professor of environmental
                            and occupational health, GSPH. “Given southwestern Pennsylvania’s industrial
                            legacy and diverse topography, this kind of analysis is vitally important to the
                            health of residents across the region.”

                            Study investigators plan to identify and interview key informants from southwest-
                            ern Pennsylvania about their perspectives of the most important local environ-
                            mental threats.

                             Heinz Endowments helped CHEC initiate a special Marcellus project called
                         “Fractracker.org,” which it describes as “a new web-based tool for tracking and
                         visualizing data related to gas extraction.” Attached to the datasets is a blog that
                         regularly posts anti-drilling research and political news, such as PennEnviroment’s
                         recent Marcellus Shale report, the New York Attorney General’s lawsuit demanding
                         a thorough impact study of fracking, and an article from lawyers of the Community
                         Environmental Defense Council explaining how to ban nonconventional drilling at
                         the local level.

                             It’s not surprising that Heinz would choose Volz to run their project, since he
                         won an “environmental hero” award in January from the Group Against Smog and
                         Pollution (GASP).8 Besides funding the analysis of “threats,” the Center betrayed its
                         bias in a press release:9

                            Serious economic, environmental and public health concerns have been raised
                            concerning gas extraction at the Marcellus Shale, a sedimentary rock formation
                            that may contain trillions of cubic feet of methane gas, as well as other explosive




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policy brief | COMMONWEALTH FOUNDATION




   gases and vapors. Some of these issues include road infrastructure degradation,
   explosions and blowouts, effects on agriculture, hunting and fishing, water con-
   tamination from the disposal of waste fluids into surface waters and human expo-
   sure to volatile organic compounds.

    Volz is no stranger to hyperbole, having been captured on video10 numerous
times wildly warning (even using profanity) of public health threats posed by hy-
draulic fracturing and other activities. One March 2011 CHEC report accused the
natural gas industry of dumping carcinogenic agents into drinking water. Volz had
to quickly issue a revised report and make numerous corrections. According to sci-
ence watchdog Steve Milloy, proprietor of JunkScience.com, even in his reworked
report Volz and his research team made several glaring errors, with repeated appli-
cations of water quality criteria to standards that were not relevant to his study sub-
ject.11 Perhaps not coincidentally, Volz announced on April 9, 2011, that he would
leave the University of Pittsburgh. He cited his inability to speak publicly on envi-         Volz is no
ronmental issues as the reason for his departure.                                             stranger to
                                                                                              hyperbole,
   Volz’s PRETA project produced an 86-page graduate student thesis paper filled              having been
with one-sided and outright dishonest information about alleged environmental                 captured on
“threats,” “contamination,” and “pollution” attributed to shale gas extraction. In-
                                                                                              video many
cluded among the falsehoods were the claim that Colorado residents’ “flammable”
                                                                                              times wildly
tap water was linked to hydraulic fracturing, a lie popularized in the one-sided
documentary Gasland.
                                                                                              warning (even
                                                                                              using profanity)
International WOW                                                                             of public health
                                                                                              threats posed
    Other departments at the University of Pittsburgh have embraced the error-laden           by hydraulic
film Gasland. In June 2010, the Environmental Studies Program sponsored a show-               fracturing and
ing at its Bradford campus followed by a question-and-answer session with Gasland             other activities.
director Josh Fox, Ben Price of the Community Environmental Legal Defense Fund,
and environmental attorney Paul Burroughs.

    Even more significant is The Academy of Motion Picture Arts and Sciences’ rec-
ognition12 of Fox’s film with an Oscar nomination for Best Documentary (it lost).
Created by Fox’s International WOW company, Gasland—by accounts of both in-
dustry leaders and even environmental watchdogs—at best stretches the definition
of the category (Merriam-Webster defines “documentary” as “factual, objective”).
For example, America’s Natural Gas Alliance reported:13

   In the film’s signature moment Mike Markham, a landowner, ignites his tap water.
   The film leaves the viewer with the false impression that the flaming tap water is
   a result of natural gas drilling. However, according to the Colorado Oil and Gas
   Conservation Commission, which tested Markham’s water in 2008, there were “no
   indications of oil & gas related impacts to water well.” Instead the investigation14
   found that the methane was “biogenic” in nature, meaning it was naturally occur-
   ring and that his water well was drilled into a natural gas pocket.

       This is one of several examples where the film veers from the facts. A second
       depiction of a flaming faucet in the home of Renee McClure also misleads
       viewers about the connection between natural gas development and methane




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COMMONWEALTH FOUNDATION | policy brief




                                  in water wells. McClure’s well was sampled by the state of Colorado and it,
                                  too, showed only naturally occurring methane.15

                              Lest there be any doubt about the industry’s defense of itself, the natural gas in-
                           dustry also received assistance from two unexpected sources as it tried to debunk
                           Gasland.

                               The first came last year, by a willing participant (albeit briefly) in Fox’s film—
                           former Pennsylvania Secretary of Environmental Protection John Hanger. Previously
                           the president of environmental activist group Citizens for Pennsylvania’s Future
                           (PennFuture), Hanger was interviewed by Fox in Gasland for about five minutes be-
                           fore the director challenged the secretary to drink a bottle of water he said was con-
                           taminated by a Marcellus Shale gas well. Hanger, described by the Philadelphia In-
                           quirer as “a liberal who spent years in the mainstream environmental movement,”
    However, accord-       later called Fox a “propagandist” and characterized Gasland as “fundamentally dis-
       ing to the Colo-    honest” and “a deliberately false presentation for dramatic effect.”16
    rado Oil and Gas
          Conservation        The other unforeseen defender of natural gas was the Environmental Defense
          Commission,      Fund. Although not a critic of Gasland per se, senior policy adviser Scott Ander-
          which tested     son—in a video interview with Energy and Environment17—dismissed the film’s
      Markham's wa-        premise that hydraulic fracturing is a reckless, dangerous process:
           ter in 2008,
        there were "no            E&E: “Do you believe that [hydraulic fracturing] can be used safely?”
     indications of oil
         & gas related            Anderson: “Yes I do. I think in the vast majority of cases, if wells are con-
                                  structed right and operated right, that hydraulic fracturing will not cause a
    impacts to water
                                  problem.”…
                   well.
                                  E&E: “How difficult is it for states to regulate this practice? And should it be
                                  done on a state-by-state bases, a region-by-region bases or nationally?”

                                  Anderson: “The states actually have a lot of knowledge and experience in
                                  regulating well construction and operation. We think that states have every
                                  reason to be able to tackle this issue and do it well. We also think that if states
                                  fail in that and the federal government has to takeover, the states will have no
                                  one but themselves to blame.”…

                                  E&E: “Without this practice of hydraulic fracturing, what would our natural
                                  gas supplies look like?”

                                  Anderson: “Our natural gas supplies would plummet precipitously without
                                  hydraulic fracturing. About 90 percent of gas wells in the United States are
                                  hydraulically fractured, and the shale gas that everyone talks about as being a
                                  large part of the future of natural gas production is absolutely dependent on
                                  fracturing in each case.”

                                  E&E: “So you would say that this is a necessary part of our energy future?”

                                  Anderson: “Yes. At the Environmental Defense Fund we don’t pick fuels, we
                                  are realist, we recognize that fossil fuels will be around for a while, a long




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policy brief | COMMONWEALTH FOUNDATION




       while most likely. We recognize that natural gas has some environmental
       advantages compared to other fossil fuels, so we do believe that natural gas
       will be around, and has a significant role to play….”

    Industry group Energy in Depth has also published a lengthy rebuttal18 to the
false claims made in Gasland, and even the Colorado Oil and Gas Conservation
Commission—under one of the nation’s most environmental activist governors, Bill
Ritter—issued a fact sheet19 that “correct(ed) several errors” in the film.

National Groups Feeding Pennsylvania Affiliates

    The well-funded activist organizations attacking the natural gas industry are nu-
merous. The Center for the Defense of Free Enterprise has archived a list of founda-
tions and groups and built them into a social network diagram20 at its Web site, un-
dueinfluence.org, which includes lists of grants made by large donors to anti-oil and      The Colorado Oil
-gas nonprofits. Donors to what was originally called the “No Dirty Oil and                and Gas Conser-
Gas” (NoDOG) effort (now called “No Dirty Energy”) include the Ford Foundation,            vation Commis-
New-Land Foundation, Energy Foundation, Turner Foundation, Bullitt Foundation,             sion—under one
and Wilburforce Foundation, among many others.                                             of the nation’s
                                                                                           most environ-
    One activist multi-millionaire worth special attention is Paul Brainerd, who           mentally
through his money and influence pressed two green groups—the Mineral Policy                friendly gover-
Center and the Oil and Gas Accountability Project—to merge into one group called           nors, Bill Ritter
EarthWorks. OGAP had conducted aggressive anti-oil and -gas campaigns, which               —issued a fact
EarthWorks has continued. As the Marcellus Shale development has drawn interest,           sheet that
so too have environmental groups increased activity in New York, Pennsylvania,             “correct(ed) sev-
West Virginia and Ohio. In April, EarthWorks announced the hiring of Nadia Stein-          eral errors” in
zor —a former consultant to progressive organizations and who served with the
                                                                                           the film.
group Zero Population Growth—as its Marcellus Regional Organizer.21 EarthWorks
promoted Gasland and its various myths about the dangers of fracking; successfully
pushed for a drilling moratorium in New York; and calls for the passage of the fed-
eral FRAC Act, which would make redundant regulatory requirements already car-
ried out by the state.

    EarthWorks is allied with PennEnvironment, a member of Earthworks OGAP.
PennEnvironment opposes fracking in Pennsylvania, but recognizes an outright ban
is not achievable. However, it has supported a moratorium, and organizes citizens
to push for stronger state regulations and taxation of drilling in the Marcellus Shale
region.22 PennEnvironment conducts statewide meetings with citizens to discuss the
dangers of fracking and to foment public opinion favorable to taxing the gas compa-
nies,23 and sponsors viewings of Gasland.24 PennEnvironment is a member organiza-
tion of the Marcellus Shale Protest (motto: “No fracking way”), a group engaged in
“advocating for legislation to ban shale gas drilling throughout the region.”25

    According to its 2009 annual report PennEnvironment made fracking its top pri-
ority that year:

       It seems unimaginable that Pennsylvanians would invite companies to come
       into the state and then allow them to poison our wells, contaminate our wa-




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COMMONWEALTH FOUNDATION | policy brief




                                   terways and destroy our wild forests. Yet in 2009, energy companies ex-
                                   panded their use of a dangerous new form of drilling to exploit gas reserves
                                   on millions of acres of Pennsylvania land, with alarming results for our
                                   drinking water, local wildlife and our forests. PennEnvironment made this
                                   unprecedented threat a top priority in 2009.26

                                In October 2010, PennEnvironment criticized Pennsylvania Senate Republicans
                            for refusing to vote on a severance tax on gas companies drilling in the state, which
                            has included provisions to share the revenue with environmental organizations.27
                            Meanwhile, PennEnvironment’s field director, Adam Garber, fretted to the Pitts-
                            burgh Post Gazette that his group does not have $100 million to give to Pennsyl-
                            vania legislators as the gas companies do. Yet with its allies, PennEnvironment has
                            plenty of resources.28 The group is a state subsidiary of Environment America which
                            is a creature of the Fund for the Public Interest. The Fund for the Public Interest, or
          PennEnviron-      “The Fund,” is also the financing arm for the U.S. Public Interest Research Group
    ment’s field direc-     and their state affiliates nationwide. Some of The Fund’s more notable grantees in-
        tor fretted that    clude the Association of Community Organizations for Reform Now (ACORN), the
        his group does      George Soros-backed Center for American Progress, and Media Matters for America.
                            The Fund boasts that its alumni now work in over 400 left-wing organizations such
        not have $100
                            as ACORN, AFL-CIO, and Service Employees International Union (SEIU).29
      million to give to
     Pennsylvania leg-
                                PennEnvironment, along with border state groups Environment Maryland and
    islators as the gas
                            Environment New Jersey, all have the same cookie-cutter Web sites with similar
        companies do.       color schemes and layouts, and they all receive money from The Fund. According
     Yet with its allies,   to their latest available IRS 990 tax returns, PennEnvironment received $376,335
     PennEnvironment        from The Fund for citizen lobbying and education and outreach operations.30 Envi-
       has plenty of re-    ronment America gave PennEnvironment $414,673 for general support and global
               sources.     warming advocacy, according to former’s 2009 tax return.31 The related Environ-
                            ment America Policy and Research Center also gave PennEnvironment $127,600 for
                            “environmental protection,” according to that group’s latest IRS 990 form.32

                                In its annual reports, PennEnvironment creates the illusion that the majority of
                            its funding comes from member donations. While they do list some of the founda-
                            tions from which they receive support (including William Penn Foundation and the
                            Energy Foundation),33 PennEnvironment does not list the money they receive from
                            The Fund, Environment America, or The Environment America Policy and Re-
                            search Center in any of those annual reports.

                                The Fund does see a monetary return on its investments in the state PIRGS and
                            environmental groups, as they pay The Fund for its canvass and outreach services.
                            In 2008, PennEnvironment paid The Fund $721,762 for “outreach/canvass” ser-
                            vices. The Fund gained some measure of infamy as the sponsor of Craig’s List ads in
                            several cities during the summer of 2009 advertising canvassing and outreach jobs
                            to “Help Pass Obama’s Healthcare Reform.”34

                                Another active organizational proponent of taxation and regulation of hydraulic
                            fracturing is the Keystone Research Center’s Pennsylvania Budget and Policy Center
                            (PBPC). In general, PBPC advocates for higher taxes, more regulations and specifi-
                            cally for a severance tax on gas companies operating in Pennsylvania.35




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policy brief | COMMONWEALTH FOUNDATION




    Started in 2005, PBPC bills itself as non-partisan think tank dedicated to helping
“working families.” PBPC is a project of the Keystone Research Center (KRC), which
is governed by a board of directors made up of officials from government sector un-
ions like the Pennsylvania State Education Association, American Federation of
State and Municipal Employees (AFSCME), United Food and Commercial Workers,
and SEIU.36 KRC/PBPC regularly publishes studies favorable to labor unions on is-
sues like prevailing wages, the government-run liquor stores, and state project labor
agreements (PLAs).37

Local Activism Tries to Thwart Development

    Activism against natural gas has even drilled down to the local level. Damascus
Citizens for Sustainability is a grassroots group, formed in 2008, that is
“dedicated to protecting the Upper Delaware River Basin and beyond from the rav-
ages of deep-shale gas extraction and the threat posed by the natural gas industry.”     Center for Coal-
Josh Fox dedicated Gasland to DCS and even allowed special screenings of the film        field Justice
to help raise money for the group.38 DCS circulated petitions in Pennsylvania and        launched a pro-
New York to enact a two-year moratorium on drilling until an environmental im-           test in Pittsburgh
pact study could be completed to assess “all of the ramifications of this intensive      against the gas
industrial activity.”39                                                                  industry which
                                                                                         included punk
    Many local efforts to oppose hydraulic fracturing in Western Pennsylvania are        music artist Justin
promoted via the Marcellus Protest project, established by the radical Center for        Sane who per-
Coalfield Justice. Marcellus Protest was created “to stop the destruction of our envi-   formed his song
ronment and communities caused by Marcellus Shale gas drilling as well as to sup-        “Gasland Terror,”
port other directly affected communities.”40 On Nov. 3, 2010 the group launched a        which “equated
protest in Pittsburgh against the gas industry (proclaiming “a revolution”) which        the gas industry
included punk music artist Justin Sane who performed his song “Gasland Terror,”          with terrorists.”
which (by CCJ’s own description) “equated the gas industry with terrorists.”41

    Local governments are being targeted by groups like the Community Environ-
ment Legal Defense Fund. CELDF characterizes drilling communities as “resource
colonies of the energy corporations” and works to pass ordinances banning natural
gas drilling to defend natural community and ecosystem rights.42 These ordinances
have little legal standing and are often overturned. These laws amount to temporary
obstacles, leaving taxpayers to foot the bill when they are challenged in court.43
CELDF has been instrumental in the passages of drilling bans in communities like
Pittsburgh and Baldwin.

PennFuture

    No report on aggressive environmentalist antics would be complete without not-
ing the anti-gas presence of Citizens for Pennsylvania’s Future, or PennFuture. Last
year, Commonwealth Foundation exposed44 the Harrisburg-based group’s hypocriti-
cal accusations against natural gas companies for their lobbying and political cam-
paign expenditures, when PennFuture for years failed to disclose to the IRS its lob-
bying and grassroots activities on behalf of the alternative energy industry.

   PennFuture has pleaded that they cannot keep up financially with the gas indus-




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COMMONWEALTH FOUNDATION | policy brief




                           try, but the evidence tells another story. PennFuture received nearly $1 million
                           from alternative energy companies over a five-year period while it lobbied heavily
                           for tax breaks and subsidies for wind and solar projects. In addition to those funds,
                           PennFuture benefited from more than $9.5 million in grants from wealthy eco-
                           activist foundations such as the Heinz Endowments, the William Penn Foundation,
                           and Pew Charitable Trusts.

                               For the fiscal year that ended in June 2010, the group was able to once again en-
                           rich its coffers from the environmental foundations. According to its IRS Form
                           990,45 PennFuture received: $100,000 from the Keith Campbell Foundation for the
                           Environment; $372,250 from the Energy Foundation; $544,000 from the William
                           Penn Foundation; $600,000 from Pew Charitable Trust; and $975,000 from the
                           Heinz Endowments (identified as the “Howard Heinz Foundation” on the tax re-
                           turn). Overall, PennFuture enjoyed more than $3.5 million in revenues last fiscal
      Among the rea-       year.
        sons given for
      this substantive         As noted earlier, it is no surprise that Heinz Endowments joined forces with
            levy are to    PennFuture, considering its many other recent grants. But it may be that with the
      “provide signifi-    nearly $2 million commitment that Heinz made to the group in 2009, that it is look-
      cant money…to        ing to PennFuture as its most tenacious attack dog against natural gas.
      help fund Grow-
         ing Greener,”         The first goal in PennFuture’s “10-point plan to set world-class standards for
      which is a politi-   drilling” is to “pass a substantial drilling tax.” Among the reasons given for this
        cal slush fund     substantive (others would argue “punitive”) levy are to “provide significant
        that has been      money…to help fund Growing Greener,” which is a political slush fund that has
      used to finance      been used to finance millions of dollars in loans and grants for PennFuture’s wind
       millions of dol-    and solar projects.46 The fund has also paid for non-essentials such as a recreational
     lars in loans and     water park in Ebensburg.47
      grants for Penn-
         Future’s wind         The measures that the commonwealth has taken to oversee gas drillers have not
        and solar pro-     been good enough for PennFuture. By the environmental group’s own admission,
                  jects.   “In 2009, the Department of Environmental Protection raised the fees drillers must
                           pay to apply for a permit by at least 1,000 percent and generated more than $10 mil-
                           lion to more than double permitting and enforcement staff in its Bureau of Oil and
                           Gas.” Yet that still is not good enough for PennFuture, which continues to demand
                           a drilling tax, a ban on further leasing of state forestland for drilling, and “world
                           class drilling standards,” which remain undefined.

                               Donations from Heinz Endowments and others greatly enhanced PennFuture’s
                           capacity to deliver misinformation about the gas industry, such as the “fact sheet”
                           the group issued in July 2010 that elevated their call for a severance tax.48 The re-
                           port cites “the incredible damage to wildlife and water—not to mention the peo-
                           ple—from BP’s tragic accident in the Gulf of Mexico,” as though that oil drilling dis-
                           aster had anything to do with natural gas in Pennsylvania. PennFuture’s “facts”
                           also noted the Gasland depiction of families setting their tap water on fire, which
                           was proven to be unrelated to natural gas drilling.




10
policy brief | COMMONWEALTH FOUNDATION




Conclusion

     To listen to environmental groups and liberal activists, one might think the fos-
sil-fuel industry—especially natural gas in Pennsylvania—controls the levers of
power in Harrisburg and Washington with their vast financial resources. While
they certainly have the resources to try to prevent government from over-taxing and
over-regulating an already heavily taxed and regulated industry, it is not at the ex-
pense of their opponents.

   As illustrated by this policy brief, opponents of natural gas exploration and its
processes do not lack for money or mouthpieces. The gas industry has multi-
millionaires such as the Sandlers and Heinzs attacking it; a journalistic organization
in ProPublica that has exceeded 100 articles dedicated to ginning up anti-drilling
paranoia; dozens of well-heeled environmental groups that exaggerate or outright
deceive the public about the impacts of gas drilling; and an Oscar-nominated film                         Opponents of
producer spreading disinformation across the country.                                                     natural gas explo-
                                                                                                          ration and its
   Meanwhile, the gas industry continues to explore and innovate, safely using the                        processes do not
hydraulic fracturing processes that have enabled Pennsylvania to access important                         lack for money or
natural resources, creating jobs and keeping energy prices low. It is not a business                      mouthpieces.
without risks, but its enemies would be recognized as having greater integrity if
they stopped demonizing with a broad brush, told the entire truth, and worked col-
laboratively with natural gas to attain their environmental goals.

Endnotes
1.    Carolyn Said, “Why Sandlers sold their S&L,” San Francisco Chronicle, May, 9, 2006
2.    ProPublica: Buried Secrets, Gas Drilling’s Environmental Threat, http://www.propublica.org/
      series/buried-secrets-gas-drillings-environmental-threat
3.    David Kopel, “ProPublica’s Shaky Facts,” Rocky Mountain News, January 10, 2009, http://
      www.rockymountainnews.com/news/2009/jan/10/kopel-propublicas-shaky-facts/
4.    “ProPublica’s Dishonest Defense its Dishonest Article,” http://volokh.com/
      posts/1231808338.shtml
5.    Andrew Conte, “Environment to be studied before drilling work begins,” Pittsburgh Tribune-
      Review, September 4, 2010
6.    Environment Grants Awarded, Heinz Endowments, http://www.heinz.org/programs_cms.aspx?
      SectionID=5&ParentID=58
7.    “GSPH to Evaluate Environmental Threats in Southwestern Pennsylvania,” http://
      www.publichealth.pitt.edu/news.php?id=131
8.    “Conrad Dan Volz Recognized by GASP as Environmental Hero,” http://
      www.publichealth.pitt.edu/news.php?id=137
9.    “GSPH Center Launches Online Tracking Tool to Assess Impact of Marcellus Shale Drilling,” July
      1, 2010, http://www.publichealth.pitt.edu/news.php?id=167
10.   “Pitt Prof Caught Off Base in New Frack Attack,” http://junkscience.com/2011/03/27/pitt-prof-
      caught-offbase-in-new-frack-attack/
11.   Ibid.
12.   Winners and Nominees for the 83rd Academy Awards, The Academy of Motion Picture Arts and
      Sciences http://www.oscars.org/awards/academyawards/83/nominees.html
13.   The Truth About Gasland, America’s Natural Gas Alliance, http://anga.us/learn-the-facts/the-truth
      -about-gasland?gclid=CLvg8-X3-KYCFaRd7AodnDKzBw
14.   COGIS Complaint Report, http://anga.us/media/136662/cogis%20complaint%20report%205-23-
      08.pdf
15.   COGIS Complaint Report http://anga.us/media/136665/mcclure%20complaint.pdf




                                                                                                                           11
COMMONWEALTH FOUNDATION | policy brief


 16.   Andrew Maykuth, “’Gasland’ documentary fuels debate over natural gas extraction,” Philadelphia Inquirer, June 23, 2010.
 17.   “EDF's Scott Anderson Discusses Fracking Controversy,” E&E TV, http://www.eenews.net/tv/transcript/1235
 18.   “Debunking Gasland,” Energy in Depth, http://www.energyindepth.org/2010/06/debunking-gasland/
 19.   Colorado Oil and Gas Conservation Commission, http://cogcc.state.co.us/library/GASLAND%20DOC.pdf
 20.   “Connecting the Anti-oil and Gas Dots,” http://www.undueinfluence.com/Anti-Oil-and-Gas.htm
 21.   “EARTHWORKS announces Nadia Steinzor as Marcellus Regional Organizer,” http://www.earthworksaction.org/
       PR_Nadia.cfm
 22.   Anna Danahy, “Centre County Weighs Pros and Cons of Natural Gas Drilling,” May 23, 2010, http://
       www.istockanalyst.com/article/viewiStockNews/articleid/4145794
 23.   Freda R. Svana, “Fracking process prompts concerns,” February 6, 2011, http://www.phillyburbs.com/news/local/
       the_intelligencer_news/fracking-process-prompts-concerns/article_fdea0d5a-c609-58e9-b408-d93fc0435a25.html
 24.   Amy Pickering, “'Gasland' screening set at WCU,” September 17, 2010, http://www.dailylocal.com/articles/2010/09/17/
       news/srv0000009393259.txt
 25.   About Marcellus Protest, http://www.marcellusprotest.org/about
 26.   PennEnvironment 2009 Annual Report, http://www.pennenvironment.org/uploads/24/
       ad/24ade38080327085fb1737b5cfe5d464/ANN_PAE_CY09_web.pdf
 27.   “PennEnvironment Blasts Senate Republicans for Reneging on Marcellus Shale Severance Tax,” http://
       www.pennenvironment.org/newsroom/clean-water-news/clean-water-news/pennenvironment-blasts-senate-republicans-
       for-reneging-on-marcellus-shale-severance-tax
 28.   Diana Nelson Jones, “Primer Helps Residents Battle Shale Industry with 'Citizens Army,” Pittsburgh Post Gazette, January
       16, 2011 http://www.post-gazette.com/pg/11016/1118385-455.stm#ixzz1EWgkzgRU
 29.   Fund Alums in 400+ Organizations, 
Foundations & Government Offices, http://www.fundforthepublicinterest.org/jobs/
       alumni
 30.   Fund for the Public Interest 2009 IRS Form 990, http://www.scribd.com/doc/48135363/FFPI2009990
 31.   Environment America 2009 IRS Form 990, http://www.scribd.com/doc/49224870/Environment-America2009990
 32.   Environment America Research and Policy Center 2009 IRS Form 990, http://www.scribd.com/doc/49224947/
       Environment-America-Research-Policy-Center-2009990
 33.   William Penn Foundation Grant Results, PennEnvironment, http://www.williampennfoundation.org/SearchResults.aspx?
       n=PennEnvironment
 34.   “Let’s Talk Astroturf,” RedState, http://www.redstate.com/absentee/2009/08/09/lets-talk-astroturf/
 35.   Pennsylvania Budget and Tax Policy Severance Tax page, http://www.pennbpc.org/severance-tax
 36.   About the Keystone Research Center, http://keystoneresearch.org/about-keystone-research-center
 37.   “Fox in the henhouse,” The Truth About PLAs, http://www.thetruthaboutplas.com/2009/05/19/fox-in-the-hen-house/
 38.   Catskill Mountain Keepers, http://www.catskillmountainkeeper.org/node/1201
 39.   About Damascus Citizens for Sustainability, http://www.damascuscitizens.org/about.html
 40.   About, Marcellus Shale Protest, http://www.marcellusprotest.org/about
 41.   Marcellus Shale Protest, http://www.marcellusprotest.org/over-500-march
 42.   Gas Drilling Community Environmental Legal Defense Fund, http://www.celdf.org/issues-gas-drilling-1
 43.   “Potemkin Laws,” Energy In Depth, http://eidmarcellus.org/2011/07/10/potemkin-laws/
 44.   Paul Chesser, “PennFuture’s Lobbying,” Commonwealth Foundation, July 2010. http://
       www.commonwealthfoundation.org/docLib/20100707_PB2206PennFutureLobbying.pdf
 45.   Penn Future 2009 IRS Form 990, http://www.pennfuture.org/UserFiles/PDFs/Form990-200-10.pdf
 46.   “Dear Gas Companies: Replenish Our Slush Fund,” PolicyBlog, http://www.commonwealthfoundation.org/policyblog/
       detail/dear-gas-companies-replenish-our-slush-fund
 47.   “Dear Gas Companies: Please Pay for Our Water Park,” PolicyBlog, http://www.commonwealthfoundation.org/policyblog/
       detail/dear-gas-companies-please-pay-for-our-water-park
 48.   PennFuture Facts, Vol 12, No. 15, http://www.pennfuture.org/UserFiles/PDFs/vol12no15_072110.pdf




                                  ABOUT THE AUTHORS AND THE COMMONWEALTH FOUNDATION

 Paul Chesser is executive director for the American Tradition Institute and a senior fellow for
 the Commonwealth Foundation. Mark Newgent is a Research Fellow with the American Tradition Insti-
 tute.

 The Commonwealth Foundation is an independent, non-profit research and educational institute that
 develops and advances public policies based on the nation’s founding principles of individual liberty,
 free enterprise, and limited, accountable government. More information is available at
 www.CommonwealthFoundation.org.


              COMMONWEALTH FOUNDATION for PUBLIC POLICY ALTERNATIVES | 225 State Street, Suite 302 | Harrisburg, PA 17101
               717.671.1901 phone | 717.671.1905 fax | Info@CommonwealthFoundation.org | CommonwealthFoundation.org

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Commonwealth Foundation - The Great Frack Attack: The War on Natural Gas

  • 1. POLICY BRIEF Vol. 23, No. 07 from the COMMONWEALTH FOUNDATION July 2011 The Great Frack Attack: The War on Natural Gas PAUL CHESSER AND MARK NEWGENT Introduction The development and growth of the Marcellus Shale natural gas industry is a major boom for Pennsylvania’s economy. The industry has directly and indirectly created tens of thousands of new jobs, with tens of thousands more to come if natu- ral gas is allowed to continue in a safe and responsible manner; paid out billions in royalty and lease payment to landowners; and contributed hundreds of millions of dollars to state and local government tax coffers. Yet the development of this eco- This policy brief nomic opportunity has become extremely controversial, with many politicians and identifies some of advocates calling for new taxes and fees on gas drillers and even an outright ban on all drilling in the commonwealth. the top foes or obstructionists of Much attention has been paid to the efforts of gas companies to influence the an industry that political debate through campaign contributions and lobbying efforts. But anti- has brought tens drilling activists—while claiming gas companies use their vast financial resources of thousands of to weaken regulatory structures and silence poorly funded environmental groups— jobs to the Com- influence politicians through their own lobbying efforts and by spreading myths monwealth of about drilling. Among the myths alleged about “Big Gas” is that drillers are flocking Pennsylvania. to Pennsylvania’s rich Marcellus Shale reserves, engaging in dangerous and highly polluting drilling activities, and shirking responsibility for damages while success- fully avoiding paying taxes. These intentional distortions of reality have both misinformed the public under- standing in Pennsylvania and the policy debate in Harrisburg. So who is behind the attack on natural gas? Why are they doing it? And how much are they spending on their efforts to hinder or prevent the extraction of natural gas in Pennsylvania? This policy brief identifies some of the top foes or obstructionists of an industry that has brought tens of thousands of jobs to the Commonwealth of Pennsylvania.   The Wealthy Liberals    While some media contribute to the hysteria by passing along the propaganda and exaggerated claims of environmentalist groups, some “journalistic enterprises” were created specifically for disbursing their biased message. That’s what Herb Sandler did with the nonprofit ProPublica in 2007. Together with his wife Marion, the couple sold their subprime mortgage firm Golden West COMMONWEALTH FOUNDATION for PUBLIC POLICY ALTERNATIVES
  • 2. COMMONWEALTH FOUNDATION | policy brief Financial Corp to Wachovia Corp. for $24.2 billion in 2006. Shortly after the sale, the Charlotte-based bank was on the brink of failure when Wells Fargo Bank res- cued the weakened Wachovia in 2008 for $14.8 billion. Meanwhile, the Sandlers took their cash, created their own philanthropic foun- dation, and began “strengthening the Progressive infrastructure,”1 donating millions of dollars to support leftist groups like the Center for American Progress, National Council of La Raza, Center for Responsible Lending, Pew Charitable Trusts, Ameri- can Civil Liberties Union, Natural Resources Defense Council, EarthJustice, Center for Biological Diversity and Free Press. In 2007, Herb Sandler helped launch the investigative reporting nonprofit Pro- Publica, infusing it with $1.25 million and becoming its board chairman. In 2008, he followed with another $8 million. More than 92 percent of ProPublica’s revenues in its first two years came from Sandler. The statement of ProPublica’s primary ex- empt purpose, from its IRS Form 990 tax returns, says: This mission to fight “exploitat- The Organization’s work focuses exclusively on truly important stories, stories ion” and with “moral force.” The Organization does this by producing journalism that “unsavory prac- shines a light on exploitation of the weak by the strong and on the failures of those with power to vindicate the trust placed in them. tices” includes attacks on the According to ProPublica’s Web site: natural gas indus- try—especially its In the best traditions of American journalism in the public service, we seek to process of hy- stimulate positive change. We uncover unsavory practices in order to stimulate draulic fracturing reform. We do this in an entirely non-partisan and non-ideological manner, ad- (“fracking”). hering to the strictest standards of journalistic impartiality. We won’t lobby. We won’t ally with politicians or advocacy groups. We look hard at the critical func- tions of business and of government, the two biggest centers of power, in areas ranging from product safety to securities fraud, from flaws in our system of crimi- nal justice to practices that undermine fair elections. But we also focus on such institutions as unions, universities, hospitals, foundations and on the media when they constitute the strong exploiting or oppressing the weak, or when they are abusing the public trust. ProPublica’s mission to fight “exploitation” and “unsavory practices” includes attacks on the natural gas industry—especially its process of hydraulic fracturing (“fracking”) of rock formations to access gas—as ProPublica has shown in its 100- plus article series titled “Buried Secrets: Gas Drilling’s Environmental Threat.”2 The list of titles read like a series of press releases from the other enviro-activist groups, such as Earthjustice or Center for Biological Diversity, that Sandler bankrolls. A majority of ProPublica’s natural gas articles were written by reporter Abrahm Lustgarten. In 2009, his reporting came under the scrutiny of the Independence In- stitute’s Dave Kopel, who found several errors and exaggerations that reflected poorly on the industry (the same can be said for much of the ProPublica series). In one example Kopel cited:3 The Colorado experience of zero cases of water contamination from hydraulic fracturing is consistent with the 2002 study from the Interstate Oil and Gas Com- 2
  • 3. policy brief | COMMONWEALTH FOUNDATION pact Commission (a consortium of state regulatory agencies). The Commission surveyed regulatory agencies in 28 states (including Colorado and the other four states where ProPublica claimed that there were more than 1,000 “documented” cases of contamination). The response covered the entire history of hydraulic frac- turing in those states. Every single one of those 28 states reported that there had never been groundwater harm due to fracturing. The ProPublica article did not report the evidence from that government study, but brusquely dismissed it as “an anecdotal survey done a decade ago.” Actually, the 2002 study has no anecdotes, and with a dataset of almost a million wells, it cannot plausibly be considered “anecdotal.” Kopel’s observations about Lustgarten’s overall reporting were confirmed by a state regulator interviewed by the ProPublica reporter. Wyoming groundwater regu- lator Mark Thiesse, told Kopel in an email,4 “I spent several hours on the phone and around a dozen follow up emails to try and help him write a factual article. Unfor- tunately he seemed to have his own agenda.” More than 100 More than 100 articles dedicated to the misrepresentation of the dangers of natu- articles dedicated ral gas drilling is not a “journalistically responsible” effort, as ProPublica claims. to the misrepre- It’s become an effort to totally undermine a job-creating industry whose hydrofrac- sentation of the turing has been practiced safely for decades. dangers of natural gas Heinz Endowments drilling is not a “journalistically Within Pennsylvania, the philanthropic giant behind opposition to Marcellus responsible” Shale drilling is the Heinz Endowments. The foundation led by billionaire heiress effort, as Teresa Heinz, wife of Massachusetts Sen. John Kerry, has increased scrutiny of ProPublica natural gas via grants, from none two years ago to 10 in 2010. Grants from Heinz En- claims. dowments to universities and nonprofits for the study of gas drilling “impacts,” out- reach, organizing, legal issues, and oversight totaled more than $680,000 last year alone. The purpose for the heightened interest by Heinz Endowments is clear: to put the gas industry on notice. According to a Pittsburgh Tribune-Review report, the Endowments are “providing grants worth about $2 million [apparently multiyear commitments] for local universities to study the industry by first setting baselines for the environment in areas where the drilling has not started,” said Caren Glot- felty, director of the Heinz Endowments’ Environment Program. 5 “We see the ramping up of the drilling and development of these natural gas wells in the region without a very adequate regulatory framework,” she said. “There are just a lot of impacts that people aren’t aware of.” Various universities and non- profits have sought Heinz money to advance the foundation’s political objectives. According to the Heinz Endowments’ Web site, Cornell University received $150,000 “to analyze economic impact of Marcellus Shale natural gas drilling on affected areas of Pennsylvania and New York.” Carnegie Mellon University received $200,000 “to collect and manage baseline aquatic resources data to evaluate the im- pact of shale gas development” and “to characterize the air pollution impacts of Marcellus Shale development.”6 3
  • 4. COMMONWEALTH FOUNDATION | policy brief Similarly, Heinz Endowments donated $59,000 to the Clean Water Fund “to connect state networks of community efforts with policy development and to char- acterize pollution impacts of Marcellus Shale development.” Considering the pre- disposition of Heinz and their support of environmental extremism in the past, one can imagine the characterization of pollution impacts is not in the natural gas in- dustry’s favor. A $25,000 gift to PennEnvironment “for outreach and organizing on Marcellus Shale gas issues,” should put aside any doubt that Heinz is building a framework for opposition to natural gas exploration and drilling. And Heinz Endowments is also proactive in its enlistment of allies to exaggerate the environmental threats of natural gas extraction. In November 2009, the Univer- Carnegie Mellon sity of Pittsburgh announced:7 University received The Center for Healthy Environments and Communities (CHEC) at the University $200,000 “to of Pittsburgh Graduate School of Public Health (GSPH) has been contracted by characterize the The Heinz Endowments to conduct an analysis of the major threats to the envi- ronment and health of people who live and work in southwestern Pennsylvania. air pollution The Pittsburgh Regional Environmental Threat Analysis (PRETA) will identify impacts of these threats throughout the region’s 10 counties. Marcellus Shale development. “Environmental health encompasses all aspects of the natural and built environ- ment that may affect human health,” said Conrad D. Volz, DrPH, MPH, PRETA principal investigator, director of CHEC, and assistant professor of environmental and occupational health, GSPH. “Given southwestern Pennsylvania’s industrial legacy and diverse topography, this kind of analysis is vitally important to the health of residents across the region.” Study investigators plan to identify and interview key informants from southwest- ern Pennsylvania about their perspectives of the most important local environ- mental threats. Heinz Endowments helped CHEC initiate a special Marcellus project called “Fractracker.org,” which it describes as “a new web-based tool for tracking and visualizing data related to gas extraction.” Attached to the datasets is a blog that regularly posts anti-drilling research and political news, such as PennEnviroment’s recent Marcellus Shale report, the New York Attorney General’s lawsuit demanding a thorough impact study of fracking, and an article from lawyers of the Community Environmental Defense Council explaining how to ban nonconventional drilling at the local level. It’s not surprising that Heinz would choose Volz to run their project, since he won an “environmental hero” award in January from the Group Against Smog and Pollution (GASP).8 Besides funding the analysis of “threats,” the Center betrayed its bias in a press release:9 Serious economic, environmental and public health concerns have been raised concerning gas extraction at the Marcellus Shale, a sedimentary rock formation that may contain trillions of cubic feet of methane gas, as well as other explosive 4
  • 5. policy brief | COMMONWEALTH FOUNDATION gases and vapors. Some of these issues include road infrastructure degradation, explosions and blowouts, effects on agriculture, hunting and fishing, water con- tamination from the disposal of waste fluids into surface waters and human expo- sure to volatile organic compounds. Volz is no stranger to hyperbole, having been captured on video10 numerous times wildly warning (even using profanity) of public health threats posed by hy- draulic fracturing and other activities. One March 2011 CHEC report accused the natural gas industry of dumping carcinogenic agents into drinking water. Volz had to quickly issue a revised report and make numerous corrections. According to sci- ence watchdog Steve Milloy, proprietor of JunkScience.com, even in his reworked report Volz and his research team made several glaring errors, with repeated appli- cations of water quality criteria to standards that were not relevant to his study sub- ject.11 Perhaps not coincidentally, Volz announced on April 9, 2011, that he would leave the University of Pittsburgh. He cited his inability to speak publicly on envi- Volz is no ronmental issues as the reason for his departure. stranger to hyperbole, Volz’s PRETA project produced an 86-page graduate student thesis paper filled having been with one-sided and outright dishonest information about alleged environmental captured on “threats,” “contamination,” and “pollution” attributed to shale gas extraction. In- video many cluded among the falsehoods were the claim that Colorado residents’ “flammable” times wildly tap water was linked to hydraulic fracturing, a lie popularized in the one-sided documentary Gasland. warning (even using profanity) International WOW of public health threats posed Other departments at the University of Pittsburgh have embraced the error-laden by hydraulic film Gasland. In June 2010, the Environmental Studies Program sponsored a show- fracturing and ing at its Bradford campus followed by a question-and-answer session with Gasland other activities. director Josh Fox, Ben Price of the Community Environmental Legal Defense Fund, and environmental attorney Paul Burroughs. Even more significant is The Academy of Motion Picture Arts and Sciences’ rec- ognition12 of Fox’s film with an Oscar nomination for Best Documentary (it lost). Created by Fox’s International WOW company, Gasland—by accounts of both in- dustry leaders and even environmental watchdogs—at best stretches the definition of the category (Merriam-Webster defines “documentary” as “factual, objective”). For example, America’s Natural Gas Alliance reported:13 In the film’s signature moment Mike Markham, a landowner, ignites his tap water. The film leaves the viewer with the false impression that the flaming tap water is a result of natural gas drilling. However, according to the Colorado Oil and Gas Conservation Commission, which tested Markham’s water in 2008, there were “no indications of oil & gas related impacts to water well.” Instead the investigation14 found that the methane was “biogenic” in nature, meaning it was naturally occur- ring and that his water well was drilled into a natural gas pocket. This is one of several examples where the film veers from the facts. A second depiction of a flaming faucet in the home of Renee McClure also misleads viewers about the connection between natural gas development and methane 5
  • 6. COMMONWEALTH FOUNDATION | policy brief in water wells. McClure’s well was sampled by the state of Colorado and it, too, showed only naturally occurring methane.15 Lest there be any doubt about the industry’s defense of itself, the natural gas in- dustry also received assistance from two unexpected sources as it tried to debunk Gasland. The first came last year, by a willing participant (albeit briefly) in Fox’s film— former Pennsylvania Secretary of Environmental Protection John Hanger. Previously the president of environmental activist group Citizens for Pennsylvania’s Future (PennFuture), Hanger was interviewed by Fox in Gasland for about five minutes be- fore the director challenged the secretary to drink a bottle of water he said was con- taminated by a Marcellus Shale gas well. Hanger, described by the Philadelphia In- quirer as “a liberal who spent years in the mainstream environmental movement,” However, accord- later called Fox a “propagandist” and characterized Gasland as “fundamentally dis- ing to the Colo- honest” and “a deliberately false presentation for dramatic effect.”16 rado Oil and Gas Conservation The other unforeseen defender of natural gas was the Environmental Defense Commission, Fund. Although not a critic of Gasland per se, senior policy adviser Scott Ander- which tested son—in a video interview with Energy and Environment17—dismissed the film’s Markham's wa- premise that hydraulic fracturing is a reckless, dangerous process: ter in 2008, there were "no E&E: “Do you believe that [hydraulic fracturing] can be used safely?” indications of oil & gas related Anderson: “Yes I do. I think in the vast majority of cases, if wells are con- structed right and operated right, that hydraulic fracturing will not cause a impacts to water problem.”… well. E&E: “How difficult is it for states to regulate this practice? And should it be done on a state-by-state bases, a region-by-region bases or nationally?” Anderson: “The states actually have a lot of knowledge and experience in regulating well construction and operation. We think that states have every reason to be able to tackle this issue and do it well. We also think that if states fail in that and the federal government has to takeover, the states will have no one but themselves to blame.”… E&E: “Without this practice of hydraulic fracturing, what would our natural gas supplies look like?” Anderson: “Our natural gas supplies would plummet precipitously without hydraulic fracturing. About 90 percent of gas wells in the United States are hydraulically fractured, and the shale gas that everyone talks about as being a large part of the future of natural gas production is absolutely dependent on fracturing in each case.” E&E: “So you would say that this is a necessary part of our energy future?” Anderson: “Yes. At the Environmental Defense Fund we don’t pick fuels, we are realist, we recognize that fossil fuels will be around for a while, a long 6
  • 7. policy brief | COMMONWEALTH FOUNDATION while most likely. We recognize that natural gas has some environmental advantages compared to other fossil fuels, so we do believe that natural gas will be around, and has a significant role to play….” Industry group Energy in Depth has also published a lengthy rebuttal18 to the false claims made in Gasland, and even the Colorado Oil and Gas Conservation Commission—under one of the nation’s most environmental activist governors, Bill Ritter—issued a fact sheet19 that “correct(ed) several errors” in the film. National Groups Feeding Pennsylvania Affiliates The well-funded activist organizations attacking the natural gas industry are nu- merous. The Center for the Defense of Free Enterprise has archived a list of founda- tions and groups and built them into a social network diagram20 at its Web site, un- dueinfluence.org, which includes lists of grants made by large donors to anti-oil and The Colorado Oil -gas nonprofits. Donors to what was originally called the “No Dirty Oil and and Gas Conser- Gas” (NoDOG) effort (now called “No Dirty Energy”) include the Ford Foundation, vation Commis- New-Land Foundation, Energy Foundation, Turner Foundation, Bullitt Foundation, sion—under one and Wilburforce Foundation, among many others. of the nation’s most environ- One activist multi-millionaire worth special attention is Paul Brainerd, who mentally through his money and influence pressed two green groups—the Mineral Policy friendly gover- Center and the Oil and Gas Accountability Project—to merge into one group called nors, Bill Ritter EarthWorks. OGAP had conducted aggressive anti-oil and -gas campaigns, which —issued a fact EarthWorks has continued. As the Marcellus Shale development has drawn interest, sheet that so too have environmental groups increased activity in New York, Pennsylvania, “correct(ed) sev- West Virginia and Ohio. In April, EarthWorks announced the hiring of Nadia Stein- eral errors” in zor —a former consultant to progressive organizations and who served with the the film. group Zero Population Growth—as its Marcellus Regional Organizer.21 EarthWorks promoted Gasland and its various myths about the dangers of fracking; successfully pushed for a drilling moratorium in New York; and calls for the passage of the fed- eral FRAC Act, which would make redundant regulatory requirements already car- ried out by the state. EarthWorks is allied with PennEnvironment, a member of Earthworks OGAP. PennEnvironment opposes fracking in Pennsylvania, but recognizes an outright ban is not achievable. However, it has supported a moratorium, and organizes citizens to push for stronger state regulations and taxation of drilling in the Marcellus Shale region.22 PennEnvironment conducts statewide meetings with citizens to discuss the dangers of fracking and to foment public opinion favorable to taxing the gas compa- nies,23 and sponsors viewings of Gasland.24 PennEnvironment is a member organiza- tion of the Marcellus Shale Protest (motto: “No fracking way”), a group engaged in “advocating for legislation to ban shale gas drilling throughout the region.”25 According to its 2009 annual report PennEnvironment made fracking its top pri- ority that year: It seems unimaginable that Pennsylvanians would invite companies to come into the state and then allow them to poison our wells, contaminate our wa- 7
  • 8. COMMONWEALTH FOUNDATION | policy brief terways and destroy our wild forests. Yet in 2009, energy companies ex- panded their use of a dangerous new form of drilling to exploit gas reserves on millions of acres of Pennsylvania land, with alarming results for our drinking water, local wildlife and our forests. PennEnvironment made this unprecedented threat a top priority in 2009.26 In October 2010, PennEnvironment criticized Pennsylvania Senate Republicans for refusing to vote on a severance tax on gas companies drilling in the state, which has included provisions to share the revenue with environmental organizations.27 Meanwhile, PennEnvironment’s field director, Adam Garber, fretted to the Pitts- burgh Post Gazette that his group does not have $100 million to give to Pennsyl- vania legislators as the gas companies do. Yet with its allies, PennEnvironment has plenty of resources.28 The group is a state subsidiary of Environment America which is a creature of the Fund for the Public Interest. The Fund for the Public Interest, or PennEnviron- “The Fund,” is also the financing arm for the U.S. Public Interest Research Group ment’s field direc- and their state affiliates nationwide. Some of The Fund’s more notable grantees in- tor fretted that clude the Association of Community Organizations for Reform Now (ACORN), the his group does George Soros-backed Center for American Progress, and Media Matters for America. The Fund boasts that its alumni now work in over 400 left-wing organizations such not have $100 as ACORN, AFL-CIO, and Service Employees International Union (SEIU).29 million to give to Pennsylvania leg- PennEnvironment, along with border state groups Environment Maryland and islators as the gas Environment New Jersey, all have the same cookie-cutter Web sites with similar companies do. color schemes and layouts, and they all receive money from The Fund. According Yet with its allies, to their latest available IRS 990 tax returns, PennEnvironment received $376,335 PennEnvironment from The Fund for citizen lobbying and education and outreach operations.30 Envi- has plenty of re- ronment America gave PennEnvironment $414,673 for general support and global sources. warming advocacy, according to former’s 2009 tax return.31 The related Environ- ment America Policy and Research Center also gave PennEnvironment $127,600 for “environmental protection,” according to that group’s latest IRS 990 form.32 In its annual reports, PennEnvironment creates the illusion that the majority of its funding comes from member donations. While they do list some of the founda- tions from which they receive support (including William Penn Foundation and the Energy Foundation),33 PennEnvironment does not list the money they receive from The Fund, Environment America, or The Environment America Policy and Re- search Center in any of those annual reports. The Fund does see a monetary return on its investments in the state PIRGS and environmental groups, as they pay The Fund for its canvass and outreach services. In 2008, PennEnvironment paid The Fund $721,762 for “outreach/canvass” ser- vices. The Fund gained some measure of infamy as the sponsor of Craig’s List ads in several cities during the summer of 2009 advertising canvassing and outreach jobs to “Help Pass Obama’s Healthcare Reform.”34 Another active organizational proponent of taxation and regulation of hydraulic fracturing is the Keystone Research Center’s Pennsylvania Budget and Policy Center (PBPC). In general, PBPC advocates for higher taxes, more regulations and specifi- cally for a severance tax on gas companies operating in Pennsylvania.35 8
  • 9. policy brief | COMMONWEALTH FOUNDATION Started in 2005, PBPC bills itself as non-partisan think tank dedicated to helping “working families.” PBPC is a project of the Keystone Research Center (KRC), which is governed by a board of directors made up of officials from government sector un- ions like the Pennsylvania State Education Association, American Federation of State and Municipal Employees (AFSCME), United Food and Commercial Workers, and SEIU.36 KRC/PBPC regularly publishes studies favorable to labor unions on is- sues like prevailing wages, the government-run liquor stores, and state project labor agreements (PLAs).37 Local Activism Tries to Thwart Development Activism against natural gas has even drilled down to the local level. Damascus Citizens for Sustainability is a grassroots group, formed in 2008, that is “dedicated to protecting the Upper Delaware River Basin and beyond from the rav- ages of deep-shale gas extraction and the threat posed by the natural gas industry.” Center for Coal- Josh Fox dedicated Gasland to DCS and even allowed special screenings of the film field Justice to help raise money for the group.38 DCS circulated petitions in Pennsylvania and launched a pro- New York to enact a two-year moratorium on drilling until an environmental im- test in Pittsburgh pact study could be completed to assess “all of the ramifications of this intensive against the gas industrial activity.”39 industry which included punk Many local efforts to oppose hydraulic fracturing in Western Pennsylvania are music artist Justin promoted via the Marcellus Protest project, established by the radical Center for Sane who per- Coalfield Justice. Marcellus Protest was created “to stop the destruction of our envi- formed his song ronment and communities caused by Marcellus Shale gas drilling as well as to sup- “Gasland Terror,” port other directly affected communities.”40 On Nov. 3, 2010 the group launched a which “equated protest in Pittsburgh against the gas industry (proclaiming “a revolution”) which the gas industry included punk music artist Justin Sane who performed his song “Gasland Terror,” with terrorists.” which (by CCJ’s own description) “equated the gas industry with terrorists.”41 Local governments are being targeted by groups like the Community Environ- ment Legal Defense Fund. CELDF characterizes drilling communities as “resource colonies of the energy corporations” and works to pass ordinances banning natural gas drilling to defend natural community and ecosystem rights.42 These ordinances have little legal standing and are often overturned. These laws amount to temporary obstacles, leaving taxpayers to foot the bill when they are challenged in court.43 CELDF has been instrumental in the passages of drilling bans in communities like Pittsburgh and Baldwin. PennFuture No report on aggressive environmentalist antics would be complete without not- ing the anti-gas presence of Citizens for Pennsylvania’s Future, or PennFuture. Last year, Commonwealth Foundation exposed44 the Harrisburg-based group’s hypocriti- cal accusations against natural gas companies for their lobbying and political cam- paign expenditures, when PennFuture for years failed to disclose to the IRS its lob- bying and grassroots activities on behalf of the alternative energy industry. PennFuture has pleaded that they cannot keep up financially with the gas indus- 9
  • 10. COMMONWEALTH FOUNDATION | policy brief try, but the evidence tells another story. PennFuture received nearly $1 million from alternative energy companies over a five-year period while it lobbied heavily for tax breaks and subsidies for wind and solar projects. In addition to those funds, PennFuture benefited from more than $9.5 million in grants from wealthy eco- activist foundations such as the Heinz Endowments, the William Penn Foundation, and Pew Charitable Trusts. For the fiscal year that ended in June 2010, the group was able to once again en- rich its coffers from the environmental foundations. According to its IRS Form 990,45 PennFuture received: $100,000 from the Keith Campbell Foundation for the Environment; $372,250 from the Energy Foundation; $544,000 from the William Penn Foundation; $600,000 from Pew Charitable Trust; and $975,000 from the Heinz Endowments (identified as the “Howard Heinz Foundation” on the tax re- turn). Overall, PennFuture enjoyed more than $3.5 million in revenues last fiscal Among the rea- year. sons given for this substantive As noted earlier, it is no surprise that Heinz Endowments joined forces with levy are to PennFuture, considering its many other recent grants. But it may be that with the “provide signifi- nearly $2 million commitment that Heinz made to the group in 2009, that it is look- cant money…to ing to PennFuture as its most tenacious attack dog against natural gas. help fund Grow- ing Greener,” The first goal in PennFuture’s “10-point plan to set world-class standards for which is a politi- drilling” is to “pass a substantial drilling tax.” Among the reasons given for this cal slush fund substantive (others would argue “punitive”) levy are to “provide significant that has been money…to help fund Growing Greener,” which is a political slush fund that has used to finance been used to finance millions of dollars in loans and grants for PennFuture’s wind millions of dol- and solar projects.46 The fund has also paid for non-essentials such as a recreational lars in loans and water park in Ebensburg.47 grants for Penn- Future’s wind The measures that the commonwealth has taken to oversee gas drillers have not and solar pro- been good enough for PennFuture. By the environmental group’s own admission, jects. “In 2009, the Department of Environmental Protection raised the fees drillers must pay to apply for a permit by at least 1,000 percent and generated more than $10 mil- lion to more than double permitting and enforcement staff in its Bureau of Oil and Gas.” Yet that still is not good enough for PennFuture, which continues to demand a drilling tax, a ban on further leasing of state forestland for drilling, and “world class drilling standards,” which remain undefined. Donations from Heinz Endowments and others greatly enhanced PennFuture’s capacity to deliver misinformation about the gas industry, such as the “fact sheet” the group issued in July 2010 that elevated their call for a severance tax.48 The re- port cites “the incredible damage to wildlife and water—not to mention the peo- ple—from BP’s tragic accident in the Gulf of Mexico,” as though that oil drilling dis- aster had anything to do with natural gas in Pennsylvania. PennFuture’s “facts” also noted the Gasland depiction of families setting their tap water on fire, which was proven to be unrelated to natural gas drilling. 10
  • 11. policy brief | COMMONWEALTH FOUNDATION Conclusion To listen to environmental groups and liberal activists, one might think the fos- sil-fuel industry—especially natural gas in Pennsylvania—controls the levers of power in Harrisburg and Washington with their vast financial resources. While they certainly have the resources to try to prevent government from over-taxing and over-regulating an already heavily taxed and regulated industry, it is not at the ex- pense of their opponents. As illustrated by this policy brief, opponents of natural gas exploration and its processes do not lack for money or mouthpieces. The gas industry has multi- millionaires such as the Sandlers and Heinzs attacking it; a journalistic organization in ProPublica that has exceeded 100 articles dedicated to ginning up anti-drilling paranoia; dozens of well-heeled environmental groups that exaggerate or outright deceive the public about the impacts of gas drilling; and an Oscar-nominated film Opponents of producer spreading disinformation across the country. natural gas explo- ration and its Meanwhile, the gas industry continues to explore and innovate, safely using the processes do not hydraulic fracturing processes that have enabled Pennsylvania to access important lack for money or natural resources, creating jobs and keeping energy prices low. It is not a business mouthpieces. without risks, but its enemies would be recognized as having greater integrity if they stopped demonizing with a broad brush, told the entire truth, and worked col- laboratively with natural gas to attain their environmental goals. Endnotes 1. Carolyn Said, “Why Sandlers sold their S&L,” San Francisco Chronicle, May, 9, 2006 2. ProPublica: Buried Secrets, Gas Drilling’s Environmental Threat, http://www.propublica.org/ series/buried-secrets-gas-drillings-environmental-threat 3. David Kopel, “ProPublica’s Shaky Facts,” Rocky Mountain News, January 10, 2009, http:// www.rockymountainnews.com/news/2009/jan/10/kopel-propublicas-shaky-facts/ 4. “ProPublica’s Dishonest Defense its Dishonest Article,” http://volokh.com/ posts/1231808338.shtml 5. Andrew Conte, “Environment to be studied before drilling work begins,” Pittsburgh Tribune- Review, September 4, 2010 6. Environment Grants Awarded, Heinz Endowments, http://www.heinz.org/programs_cms.aspx? SectionID=5&ParentID=58 7. “GSPH to Evaluate Environmental Threats in Southwestern Pennsylvania,” http:// www.publichealth.pitt.edu/news.php?id=131 8. “Conrad Dan Volz Recognized by GASP as Environmental Hero,” http:// www.publichealth.pitt.edu/news.php?id=137 9. “GSPH Center Launches Online Tracking Tool to Assess Impact of Marcellus Shale Drilling,” July 1, 2010, http://www.publichealth.pitt.edu/news.php?id=167 10. “Pitt Prof Caught Off Base in New Frack Attack,” http://junkscience.com/2011/03/27/pitt-prof- caught-offbase-in-new-frack-attack/ 11. Ibid. 12. Winners and Nominees for the 83rd Academy Awards, The Academy of Motion Picture Arts and Sciences http://www.oscars.org/awards/academyawards/83/nominees.html 13. The Truth About Gasland, America’s Natural Gas Alliance, http://anga.us/learn-the-facts/the-truth -about-gasland?gclid=CLvg8-X3-KYCFaRd7AodnDKzBw 14. COGIS Complaint Report, http://anga.us/media/136662/cogis%20complaint%20report%205-23- 08.pdf 15. COGIS Complaint Report http://anga.us/media/136665/mcclure%20complaint.pdf 11
  • 12. COMMONWEALTH FOUNDATION | policy brief 16. Andrew Maykuth, “’Gasland’ documentary fuels debate over natural gas extraction,” Philadelphia Inquirer, June 23, 2010. 17. “EDF's Scott Anderson Discusses Fracking Controversy,” E&E TV, http://www.eenews.net/tv/transcript/1235 18. “Debunking Gasland,” Energy in Depth, http://www.energyindepth.org/2010/06/debunking-gasland/ 19. Colorado Oil and Gas Conservation Commission, http://cogcc.state.co.us/library/GASLAND%20DOC.pdf 20. “Connecting the Anti-oil and Gas Dots,” http://www.undueinfluence.com/Anti-Oil-and-Gas.htm 21. “EARTHWORKS announces Nadia Steinzor as Marcellus Regional Organizer,” http://www.earthworksaction.org/ PR_Nadia.cfm 22. Anna Danahy, “Centre County Weighs Pros and Cons of Natural Gas Drilling,” May 23, 2010, http:// www.istockanalyst.com/article/viewiStockNews/articleid/4145794 23. Freda R. Svana, “Fracking process prompts concerns,” February 6, 2011, http://www.phillyburbs.com/news/local/ the_intelligencer_news/fracking-process-prompts-concerns/article_fdea0d5a-c609-58e9-b408-d93fc0435a25.html 24. Amy Pickering, “'Gasland' screening set at WCU,” September 17, 2010, http://www.dailylocal.com/articles/2010/09/17/ news/srv0000009393259.txt 25. About Marcellus Protest, http://www.marcellusprotest.org/about 26. PennEnvironment 2009 Annual Report, http://www.pennenvironment.org/uploads/24/ ad/24ade38080327085fb1737b5cfe5d464/ANN_PAE_CY09_web.pdf 27. “PennEnvironment Blasts Senate Republicans for Reneging on Marcellus Shale Severance Tax,” http:// www.pennenvironment.org/newsroom/clean-water-news/clean-water-news/pennenvironment-blasts-senate-republicans- for-reneging-on-marcellus-shale-severance-tax 28. Diana Nelson Jones, “Primer Helps Residents Battle Shale Industry with 'Citizens Army,” Pittsburgh Post Gazette, January 16, 2011 http://www.post-gazette.com/pg/11016/1118385-455.stm#ixzz1EWgkzgRU 29. Fund Alums in 400+ Organizations, 
Foundations & Government Offices, http://www.fundforthepublicinterest.org/jobs/ alumni 30. Fund for the Public Interest 2009 IRS Form 990, http://www.scribd.com/doc/48135363/FFPI2009990 31. Environment America 2009 IRS Form 990, http://www.scribd.com/doc/49224870/Environment-America2009990 32. Environment America Research and Policy Center 2009 IRS Form 990, http://www.scribd.com/doc/49224947/ Environment-America-Research-Policy-Center-2009990 33. William Penn Foundation Grant Results, PennEnvironment, http://www.williampennfoundation.org/SearchResults.aspx? n=PennEnvironment 34. “Let’s Talk Astroturf,” RedState, http://www.redstate.com/absentee/2009/08/09/lets-talk-astroturf/ 35. Pennsylvania Budget and Tax Policy Severance Tax page, http://www.pennbpc.org/severance-tax 36. About the Keystone Research Center, http://keystoneresearch.org/about-keystone-research-center 37. “Fox in the henhouse,” The Truth About PLAs, http://www.thetruthaboutplas.com/2009/05/19/fox-in-the-hen-house/ 38. Catskill Mountain Keepers, http://www.catskillmountainkeeper.org/node/1201 39. About Damascus Citizens for Sustainability, http://www.damascuscitizens.org/about.html 40. About, Marcellus Shale Protest, http://www.marcellusprotest.org/about 41. Marcellus Shale Protest, http://www.marcellusprotest.org/over-500-march 42. Gas Drilling Community Environmental Legal Defense Fund, http://www.celdf.org/issues-gas-drilling-1 43. “Potemkin Laws,” Energy In Depth, http://eidmarcellus.org/2011/07/10/potemkin-laws/ 44. Paul Chesser, “PennFuture’s Lobbying,” Commonwealth Foundation, July 2010. http:// www.commonwealthfoundation.org/docLib/20100707_PB2206PennFutureLobbying.pdf 45. Penn Future 2009 IRS Form 990, http://www.pennfuture.org/UserFiles/PDFs/Form990-200-10.pdf 46. “Dear Gas Companies: Replenish Our Slush Fund,” PolicyBlog, http://www.commonwealthfoundation.org/policyblog/ detail/dear-gas-companies-replenish-our-slush-fund 47. “Dear Gas Companies: Please Pay for Our Water Park,” PolicyBlog, http://www.commonwealthfoundation.org/policyblog/ detail/dear-gas-companies-please-pay-for-our-water-park 48. PennFuture Facts, Vol 12, No. 15, http://www.pennfuture.org/UserFiles/PDFs/vol12no15_072110.pdf ABOUT THE AUTHORS AND THE COMMONWEALTH FOUNDATION Paul Chesser is executive director for the American Tradition Institute and a senior fellow for the Commonwealth Foundation. Mark Newgent is a Research Fellow with the American Tradition Insti- tute. The Commonwealth Foundation is an independent, non-profit research and educational institute that develops and advances public policies based on the nation’s founding principles of individual liberty, free enterprise, and limited, accountable government. More information is available at www.CommonwealthFoundation.org. COMMONWEALTH FOUNDATION for PUBLIC POLICY ALTERNATIVES | 225 State Street, Suite 302 | Harrisburg, PA 17101 717.671.1901 phone | 717.671.1905 fax | Info@CommonwealthFoundation.org | CommonwealthFoundation.org