Obama’s Climate Legacy: A Long and Painful Road

WASHINGTON — American Energy Alliance President Thomas Pyle issued the following statement on President Obama’s final State of the Union address:

“President Obama has never failed to deliver a good speech, and tonight was no different. The president spoke at length of his climate and energy legacy—touting his carbon regulations and his ‘investments’ in wind and solar technologies. Unfortunately, a legacy is comprised of more than just speeches. When it’s all said and done, the president’s legacy will be marred by higher energy costs for those who can least afford it, and fewer economic opportunities for young Americans just beginning to enter the workforce.

“Under President Obama’s direction, this administration has shot down commonsense infrastructure projects like the Keystone XL pipeline, pushed regulations that will shutter low-cost power plants, and wasted billions of taxpayer dollars on unreliable sources of energy like wind and solar. These actions have benefited favored industries and special interest groups at the expense of American families. The lone bright spot has been the boom in oil and gas production. And while President Obama again took credit for low gasoline prices, this has so clearly and obviously happened in spite of his policies, as he has stifled energy production on federal lands and waters.

“For many Americans, the election of President Obama represented a path toward real hope and change in Washington. However, after seven years, this final State of the Union address represents the end of a long and painful road for the American people.

“As the president stated, in a year from now he will be right here with us as a citizen. We won’t be waiting that long to unravel the legacy of bad decisions that he has made for the past seven.”

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Key Vote: YES on SJ. Res. 22

The House is set to consider the Senate-passed S.J.Res. 22, a Congressional Review Act resolution that disapproves of the administration’s proposed re-definition of the term “waters of the United States,” as established under the Clean Water Act. The American Energy Alliance supports this CRA resolution and urges all Representatives to vote YES on S.J. Res. 22.

This “Waters of the United States” (WOTUS) rule is an attempt by the Environmental Protection Agency and Army Corps of Engineers to significantly broaden these agencies’ authority. This rule is unconstitutional and tramples on the regulatory prerogatives of the individual states.

The Constitution limits the power of the federal government and expressly gives the states all powers not delegated to the federal government. Thus, the federal government does not retain absolute power and regulatory authority, but shares authority with the states. This principle applies to all facets of governance, including in the regulation of water.

In an attempt to take power from the states and individual citizens, the WOTUS rule allows both the EPA and Corps to regulate almost all water under the Clean Water Act. This gives both agencies far more power than what is intended by the Clean Water Act and the Constitution.

This rule is not just about regulating water; it is also about imposing federal control over private land. This rule amounts to a massive land grab by both the Corps and the EPA, opening the door for significant executive branch overreach and abuse. Property owners will now be subject to even more bureaucratic red tape, fines, and government intrusion–including potential legal action.

This rule is a clear-cut instance of unconstitutional and aggressive executive branch rulemaking. The EPA is especially notorious for such predatory overreach, and Congress should act now to stop such regulatory practices. S.J. Res. 22 sends a message to the administration that the American people are against this power grab. The American Energy Alliance strongly supports and urges all Members to vote YES on S.J. Res 22.

Key Vote: Yes on H.R. 712, “Sue & Settle” Reform

The House will soon take up H.R. 712, the Sunshine for Regulatory Decrees and Settlements Act of 2015. Sponsored by Rep. Collins (GA), the bill aims to take on the so-called “sue and settle” practice commonly used by the Obama Administration and special interest groups; particularly environmental activists. The American Energy Alliance urges all Representatives to vote YES on H.R. 712.

More than a quarter of all major EPA rules, for example, are the result of special interest lawsuits. This tactic has been used by many activists groups to ensure the EPA and other agencies implement costly and burdensome regulations outside of the normal regulatory process. Sue and settle completely skirts the checks that are necessary for a democratic, transparent rule-making process, and subverts Congressional oversight that should be reserved for this very instance.

Rep. Collins’ bill would force transparency into the process by making consent decrees and settlement agreement subject to significant public and legal oversight. Agencies would be required to disclose details of any covert civil action, and the proposed consent decree or settlement would be available for public comment for 60 days before filed with the court. This would increase openness, transparency, and democratic decision-making.

This bill is a significant step towards much needed regulatory reform and executive branch transparency. AEA urges all Representatives to vote YES on H.R. 712.

Obama’s Climate Legacy Being Built on the Backs of Struggling American Families

WASHINGTON – American Energy Alliance President Thomas Pyle issued the following statement on President Obama’s decision to veto Congressional resolutions aimed at blocking EPA’s carbon regulations:

“President Obama’s decision to pocket veto these resolutions shows that he cares more about cementing his climate legacy than he does about the will and welfare of the American people. Americans will pay a high price for the president’s legacy, as these regulations will kill jobs and raise energy prices—hurting poor and middle class families the most. Despite these burdens, the carbon regulations will deliver virtually no climate benefits.

“The president understands that the American people don’t support his agenda, or else he would’ve openly vetoed these resolutions instead of allowing them to be pocket vetoed the weekend before Christmas. This administration is clearly willing to pursue their out-of-control agenda no matter the cost, which is why it is crucial that state leaders take the actions necessary to protect their citizens from this federal overreach.”

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Key Vote: NO on Omnibus Spending Bill

As Congress considers a massive $1.1 trillion omnibus spending bill, coupled with a $650 billion tax extenders package, the American Energy Alliance urges all members to vote against any legislation that extends the wind Production Tax Credit (PTC), the solar Investment Tax Credit (ITC), and fails to prohibit funds from being repurposed to the Green Climate Fund. According to the Joint Committee on Taxation, the PTC and ITC extensions alone will cost taxpayers nearly $24 billion. While we support lifting the decades-old ban on oil exports, AEA will score AGAINST the omnibus spending bill as long as it includes extensions of the PTC, the ITC, and fails to prohibit funds from being repurposed to the Green Climate Fund.

The wind PTC is a wasteful subsidy that lines the pockets of multinational wind corporations at the expense of American taxpayers. While the PTC was originally intended to help wind be cost-competitive, today the wind industry claims it is already cost competitive. Having fulfilled its original purpose, the PTC only serves to distort electricity markets and harm taxpayers—all to benefit wind lobbyists and the wind industry. Worse, Congress is subsidizing an expensive source of electricity that cannot be relied upon to keep the lights on.

The same can be said for the solar ITC. The ITC costs billions of dollars in foregone revenue to prop up an inefficient, unreliable, and expensive energy source. This credit should not be renewed. Even Sunnova, one of the largest solar companies, has advocated against the ITC, stating that it actually does more harm than good for the solar industry.

The omnibus negotiations settled on trading a 5-year extension of both the PTC and ITC for lifting the ban on oil exports. AEA supports lifting the ban, as it would promote free trade and strengthen the American economy. However, lifting the ban should not be traded for the PTC or the ITC. Lifting the oil export ban is a good enough policy that it should be agreed to on its own merits. We are confident that this policy goal can be reached in the coming year. Congress should not trade one good policy for multiple terrible ones.

In addition to the PTC and ITC extensions, this package fails to expressly prohibit the Obama administration from diverting money to the U.N.’s Green Climate Fund. This slush fund is integral to the president’s efforts to bankroll an international climate deal, which many in Congress have vowed to block.

While this deal is full of bad provisions, it’s worth noting that there are a handful of good and important ones. Along with lifting the ban on oil exports, there is a provision in the extenders package to repeal the gift tax for contributions to 501(c)(4), 501(c)(5), and 501(c)(6) organizations. In the past, the IRS has abused their power and selectively assessed a gift tax on individuals and organizations. This provision would be the most meaningful step that Congress has taken to protect citizens from IRS abuse since the targeting scandal.

AEA will key vote against the current omnibus package that extends the PTC, the ITC, and fails to prohibit funds from being repurposed to the Green Climate Fund. We strongly urge all Representatives and Senators to vote NO. Should the Senate link tax extenders to the omnibus, we will score against that package as well.

Hillary Clinton’s Reverse Robin Hood Tax Code

Today, multimillionaire presidential candidate Hillary Rodham Clinton held a “grassroots event” with billionaire investor Warren Buffett.

The subject was tax reform, one Buffett knows well. The Berkshire Hathaway CEO owns a sprawling enterprise of businesses employing an army of lobbyists and accountants to exploit opportunities to make money at taxpayer expense.

Buffett does not hide this strategy. In fact, he brags about his ability to game the system. In a speech last year, Buffett mentioned how he (ab)uses the tax code to make money on unprofitable wind turbines:

“I will do anything that is basically covered by the law to reduce Berkshire’s tax rate. For example, on wind energy, we get a tax credit if we build a lot of wind farms. That’s the only reason to build them. They don’t make sense without the tax credit.”

Buffett is referring to the wind Production Tax Credit (PTC). The wind PTC is a massive wealth transfer from ordinary taxpayers to rich investors like Buffett and large companies like Berkshire Hathaway and General Electric.

This lucrative subsidy pays the wind industry to generate electricity whether it is wanted or needed. And it’s often unwanted, since wind energy is expensive and unreliable. It raises energy prices on American families and makes our power grid less dependable.

The wind PTC is also crucial for President Obama’s climate agenda. His central domestic climate policy, the “Clean Power Plan,” banks on rapidly expanding wind energy production over the coming decades. But as Buffett explained, wind energy doesn’t “make sense” without subsidies because it is uneconomic.

Worse still, this subsidy has been hanging around for more than two decades. Congress first passed it in 1992 as a “temporary” handout to an infant industry. Now the wind industry claims it’s “mature,” yet the PTC remains.

The infant wind industry has grown into a 23-year old unemployed college grad who doesn’t want to leave the “safe space” of his parents’ house. Instead of leaving the nest to face the real world, wind lobbyists guilt Congress into letting the free-ride continue.

The wind PTC is routinely included in a package of expired tax provisions known as tax extenders. For years, the PTC has skated by on the political popularity of the total extenders package despite controversy over individual provisions. And just recently, Congressional leaders unveiled an omnibus spending bill that would extend the PTC for five years—costing taxpayers billions of dollars.

When people talk about “tax reform” they generally mean cutting the number of tax write offs, including the PTC, while reducing tax rates across the board. In theory, a simpler tax code achieved through tax reform would negate the need for annual extenders or attaching tax subsidies to a massive spending bill.

But political expediency tends to beat good policy, as it did once again with the omnibus bill.

This brings us to the Clinton – Buffett “tax reform” event. People like Buffett profit off a complicated tax code. Big companies hire accountants to search for tax carve outs, which their lobbyists then fight to keep and expand. Most people, including the “grassroots” audience attending Clinton’s event, can’t possibly keep up.

As a result, the current tax code benefits the rich and leaves everyone else behind. It rewards rich guys like Buffett who invest in wind turbines for the sole purpose of collecting subsidies—even though those subsidies raise energy prices on poor and middle class families.

The current tax code also favors the political class. It allows politicians to reward the special interests that fund their campaigns with special tax treatment, paid for by American families. Hillary Clinton, for example, has pledged to power every home with wind and solar by 2030, a 700 percent increase in installed solar capacity. To reach that goal, she’s calling for expanded tax subsidies like the PTC, among a slew of other subsidies and mandates.

It makes sense, then, why Clinton and Buffett are joining forces on tax policy. As much as Clinton claims to support “hardworking families,” her interests are more aligned with a robber baron and his wind farms.

Congress Fails the American People with Spending Bill

WASHINGTON – American Energy Alliance President Thomas Pyle issued the following statement on the omnibus spending bill:

“This lopsided deal is an enormous giveaway to big business and special interests. Eliminating the ban on oil exports is an important policy that will benefit the economy in the long run, but Republican leadership paid too high a price, capitulating on nearly every demand from the Left. Extending corporate handouts to the wind and solar industry will cost taxpayers tens of billions of dollars and hike electricity prices on middle class Americans, all while putting a down payment on Obama’s climate agenda.

“Despite promises to deny money for the green climate slush fund, Republican leaders have presented a spending bill that fails to prohibit the president from diverting hundreds of millions of dollars to the fund. Whether by negligence or design, this deal strengthens Obama’s climate agenda at the expense of poor and middle class families. Republicans didn’t hand Obama the keys to the bank vault, but they left them under the mat.

“Speaker Ryan promised to change the way the House does business, but this bill is just more of the same backroom deals, out-of-control spending, and special interest handouts we’ve come to expect from Washington. This deal is a terrible beginning for Speaker Ryan and is a tacit admission that comprehensive tax reform is dead, deader, deadest.”

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Extenders Deal an Insult to the American People

WASHINGTON – American Energy Alliance President Thomas Pyle issued the following statement on the potential tax extenders deal:

“This tax extenders deal is another example of the worst of Washington politics. It’s no wonder Congress’ approval rating is at an all time low. Lifting the oil export ban in exchange for the wind PTC, the solar ITC, and potentially allowing the administration to reprogram money for the UN’s green energy slush fund would be one step forward and several steps backward for American families.

“The Republicans are right to fight for lifting the oil export ban, as it would reduce gasoline prices for families and enhance U.S. energy security. But not at any price. Extending the wind PTC sends billions of tax dollars to large corporations like GE while advancing the Obama administration’s climate agenda and fulfilling the president’s promise to make electricity prices skyrocket.

“The fact that Republicans would even consider a deal that funds the Green Climate Fund is breathtakingly foolish. Just this week, Majority Leader Mitch McConnell criticized President Obama over the Paris agreement stating that the president ‘is making promises he can’t keep’ and ‘writing checks he can’t cash.’

“This reported deal is an insult to the American people, especially the poor and middle class who can least afford higher energy prices. The American Energy Alliance will score against any deal that extends the PTC or supports in any way the president’s climate slush fund.”

Click here to read a blog post from AEA President Tom Pyle on the potential extenders deal.
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On Tax Extenders, Republican Promises Ring Hollow

When Paul Ryan accepted the gavel as Speaker of the House, he stated:

“Neither the members nor the people are satisfied with how things are going. We need to make some changes, starting with how the House does business.”

Yet it didn’t take long for those words to ring hollow, as the Republicans are again in the midst of a backroom deal that will benefit those with the least amount of power in Washington.

Republican leadership is reportedly on the verge of giving Nancy Pelosi and Harry Reid a deal to revive and extend the wind Production Tax Credit (PTC), among other expired tax provisions, for five years in exchange for lifting the 1970s-era ban on most crude-oil exports.

This is a terrible deal for the American people. Republicans are right to fight for oil exports, but would be foolish to accept a deal that delivers one good policy—lifting the oil export ban—in exchange for a number of bad ones, including the PTC; and possibly, the President’s $3 billion Green Climate Fund.

The oil-export ban is a relic of a bygone era that should end. Numerous studies show that allowing oil exports would lower gasoline prices for families, boost domestic oil production, and enhance U.S. energy security.

Meanwhile, the wind PTC is corporate welfare for the wind industry and a crown jewel for Reid and Obama. In fact, just this morning Sen. Reid issued an ultimatum to Republicans: “take yes for an answer” on the PTC or lose oil exports.

Republican leadership and the oil industry, spearheaded by API, seem to have blinders on when it comes to lifting the oil export ban. If their goal is to ensure that Americans have access to reliable and affordable energy, then this deal would be a major failure.

The benefits of lifting the oil export ban are not worth the price tag. Proponents of lifting the export ban should have condemned this horse-trading from the beginning. Instead, the Republicans are now faced with a laundry list of demands from the Obama administration and the Democrats that would increase the size of government.

Unfortunately, Republicans appear ready to give Democrats just about anything they want. For example, Sens. Carper and Markey are trying to add a tax credit for northeastern refiners, which the American Fuel and Petrochemical Manufacturers rejected as “a proposal that pits one segment of the refining industry against another.” You heard that right—Senator Ed Markey is shilling for northeastern oil refiners. There are even talks of Congress authorizing $3 billion for Obama’s “Green Climate Fund,” the slush fund of the Paris climate summit that Republicans previously vowed to block.

Republicans should reject these strong-arm tactics and remember the promises they made to their constituents to fight the Democrats’ and the Obama administration’s anti-energy agenda. The wind PTC is a massive wealth transfer from taxpayers to large corporations like General Electric, who lobbied hard for a PTC extension. It also advances the Obama administration’s carbon regulation, which, as the president promised, will make electricity prices skyrocket. Majority Leader Mitch McConnell vowed he would, “keep doing everything I can to fight them [the administration]” over this regulation.

Oil exports would reduce gasoline prices for families and increase U.S. energy security, while the wind PTC raises energy prices and makes our power grid less dependable. Lifting the ban is sensible policy that deserves to pass on its own merits, instead of being traded in a backroom deal with Democrat leadership—especially not for the wind PTC.

Swapping oil exports for tax extenders and giving in to other demands from the green lobby would be one step forward and several steps backward. Republicans should not let their support for oil exports blind them to the harm of corporate wind welfare.

Solar CEO Calls for Phaseout of Subsidies

The upcoming expiration of the Investment Tax Credit (ITC) is leading to a record number of solar panel installations as companies rush to exploit the subsidy. The ITC, along with a favorable depreciable tax basis, allows companies to write off as much as 60 percent of the property’s value at taxpayers’ expense. However, not all solar companies wish to take advantage of subsidies, and some are now arguing that the expiration of the ITC may ultimately benefit the industry.

In a letter to Congress last month, Sunnova CEO John Berger wrote that “[w]e do not believe an extension of this credit is necessary for the continued health of the solar industry. In fact, quite the opposite is true. If the credit is allowed to step down as planned, the industry will remain more robust in both the long- and short-term.”

By the Department of Energy’s own admission, the cost of distributed solar is down nearly 50 percent since 2008—nearly double the benefit of the ITC.

falling costs for clean energy tech

The solar industry has been subsidized by the ITC for nearly four decades, and the 30 percent tax deduction is scheduled to drop to a 10 percent rate in January 2017. “Yet,” Berger explains, “there has been an organized effort by many in the solar industry to convince legislators that the need for a five-year, or even permanent, extension of the ITC is necessary to the continued functioning of the industry.”

Elon Musk’s SolarCity is one such company that has benefitted immensely at taxpayer expense. The company has received $497.5 million in federal grants, according to an investigation by The Los Angeles Times, in addition to $750 million in state tax breaks to build a factory in New York. In all, SolarCity has received $2.5 billion in government subsidies. Despite this, the company is the swamped in debt—hitting $2.3 billion in 3Q 2015, or nearly $1 billion higher than December 2014.

Solar companies have been accused of abusing federal grant and loan programs, and have been the subject of numerous lawsuits and probes in recent years. Several companies, including SolarCity, are currently being investigated by the Department of Justice for potentially defrauding taxpayers by misrepresenting the value of their solar properties in order to receive more money from the government’s grant program.

These aggressive sales tactics are the result of solar companies fighting to take advantage of the billions made available by the government’s ITC and other programs. The industry has received nearly $18 billion to subsidize otherwise unprofitable solar properties since 2009. As Sunnova’s CEO said, “[t]he industry made a deal with Congress in 2008 that it needed the ITC’s support until 2016 and then it would be able to operate and, indeed, flourish without it.” Congress should listen to Sunnova’s CEO and allow the tax credit to expire.