Paying to Pollute? Political Contributions and Coal Industry Legislation. July 12, 2011

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1 Paying to Pollute? Political Contributions and Coal Industry Legislation July 12, 2011 This week, the House Energy and Commerce Committee is expected to vote on two bills, both supported by heavy contributions from electric power and coal mining interests. The so called TRAIN bill would require EPA and federal agencies to aggregate the cost of all pending regulations to reduce pollution from coal fired power plants, as part of a broader attack on those standards. The second would limit federal oversight of state coal ash disposal standards, and make it virtually impossible for EPA to take enforcement action against polluters who violate those requirements. Data available from the Federal Election Commission show that six members of the Energy and Commerce Committee have received $25,000 or more in 2011 from the mining and electric power interests that stand to benefit from these coal friendly bills, for a combined total of over $476,928 so far this year from the mining and electric power industries that stand to benefit from this coal friendly legislation. The data below reflect corporate contributions from January 1 through May 31 of 2011, or from lobbyists or employees of those companies and their family members. Energy and Commerce Committee chairman Fred Upton (R MI), an original sponsor of the TRAIN bill, reported a total of $96,650 in contributions from mining and electric power political action committees, and individuals who work for or represent those industries. DTE Energy s political action committee and employees have contributed $13,000 this year, the National Mining Association, Peabody Energy, and Alpha Natural Resources (new owner of the Massey mines) have already chipped in $5,000 apiece, and at least six power companies have donated that much: Ameren, Dominion, Duke, Edison International, Exelon, and American Electric Power. Congressman McKinley (R WV), author of the bill to restrict EPA s ability to regulate coal ash, reported over $200,000 in political donations from mining and electric power interests, including both PAC and individual totals. More than a third of that comes from corporate or individual donations from four coal mining companies: MEPCO ($32,200); Alpha Natural Resources ($17,000); the International Coal Group ($15,900); and Patriot Coal ($10,000). House Energy and Power Subcommittee Chairman Ed Whitfield of Kentucky, cosponsor of both the Train bill and Representative McKinley s coal ash legislation, reports $51,250 in donations from coal and power interests. Other Members receiving more than $25,000 from these industries in 2011 include Republicans John Shimkus of Illinois ($37,750), Joe Barton of Texas

2 ($32,400), Tim Murphy of Pennsylvania ($29,500), and Democrat Mike Ross of Arkansas ($28,000). Corporate contributions to Congressman Upton from the coal and power industry through May of 2011 were more than two and a half times greater than they were from January to May of 2009, the comparable period at the beginning of the last election cycle (See Table B). The tally above includes contributions from corporations or trade associations, lobbyists representing those industries, and from individuals employed by power or mining companies or their family members. The data is based on reports available through the Federal Election Commission s website at The quarterly report filed by Congressman McKinley s office did not identify the occupation of 48 donors who contributed $500 or more, although federal election law requires such disclosure and Congressman McKinley s report indicates that donors have been requested to provide that information. Individual donors are included in the McKinley totals where research indicated their connection to coal mining or power companies. These donations will likely accelerate as the 2012 election year approaches. Companies with ties to the electric power or coal mining industries have already donated more than $4 million to US Senate or House campaigns (including contributions to political parties). The same industries report spending more than $41 million in the first quarter of 2011 to lobby the US Congress on energy and environmental issues. The bills are part of a broader attack on EPA s authority to limit the release of mercury and other air pollutants from coal fired power plants, to keep waterways from being buried by rubble from mountaintop mining, and to require cleanup of ash ponds that leak arsenic and other toxic metals into groundwater. These standards are being developed under laws passed by Congress more than twenty years ago. Faced with the prospect of having to finally comply with these requirements, the coal industry is lobbying for still more delay, or even worse, to roll back laws already on the books or block their enforcement by EPA. No doubt the Congressmen receiving these large sums are sincere in their support for legislation that coal interests want so badly. But are politicians who raise such large sums of money from coal the best qualified to rewrite regulations that affect that industry? Or should these standards be set by EPA, after taking into account both economic cost and the public s interest in a healthy and clean environment? That is a question the American people will have to answer.

3 Table A Donations to Congressmen from Electric Power and Coal Mining Interests in 2011 Congressman State Party 2011 Donations from Electric Power & Coal Mining Interests 1,2 Corporate PACs* Individuals** Total Fred Upton MI R $81, $15, $96, Joe Barton TX R $24, $7, $32, Ed Whitfield KY R $48, $3, $51, John Shimkus IL R $36, $1, $37, Tim Murphy PA R $26, $3, $29, Mike Ross AR D $23, $3, $28, David McKinley WV R $49, $152, $201, Notes: * PAC donation data available through May, 2011 ** Individual donation data available only for first quarter of 2011 Sources: 1 Federal Election Commission, Campaign Finance Reports and Data, available at: (last visited July 11, 2011). 2 U.S. Senate, Lobbying Disclosure Act Database, available at: (last visited July 11, 2011).

4 Table B Donations from Electric Power and Coal Mining PACs Jan May of 2009 and 2011 Congressman State Party Comparison of Donations from Electric Power and Coal Mining PACs 1 Jan May 2011 Jan May 2009 Percent Increase Fred Upton MI R $81, $36, % Joe Barton TX R $24, $61, % Ed Whitfield KY R $48, $17, % John Shimkus IL R $36, $13, % Tim Murphy PA R $26, $23, % Mike Ross AR D $23, $18, % David McKinley WV R $49, Not Available Not Available Source: 1 Federal Election Commission, Campaign Finance Reports and Data, available at: (last visited July 11, 2011).

5 Table C Lobbying Expenses by Electric Power and Coal Mining Industries in the 1 st Quarter of st Quarter PAC / Organization Lobbying expenditures 1 ACTION COMMITTEE. FOR RURAL ELECTRIFICATION. (ACRE) NATIONAL RURAL ELECTRIC COOPERATIVE $827,000 ALLEGHENY ENERGY INC. FEDERAL POLITICAL ACTION COMMITTEE $355,750 ALPHA NATURAL RESOURCES, INC. POLITICAL ACTION COMMITTEE $291,125 AMEREN FEDERAL POLITICAL ACTION COMMITTEE (AMERENFED PAC) $610,000 ARCH COAL INC. POLITICAL ACTION COMMITTEE (ARCHPAC) $680,000 AUSTIN ENERGY $111,000 BRACEPAC $0 BASIN ELECTRIC POWER COOPERATIVE POLITICAL ACTION COMMITTEE (BASIN ELECTRIC PAC) $145,821 CLIFFS NATURAL RESOURCES INC. POLITICAL ACTION COMMITTEE (CLIFFSPAC) $70,000 CLOUD PEAK ENERGY RESOURCES LLC EMPLOYEE PAC $60,000 COALPAC, A POLITICAL ACTION COMMITTEE OF THE NATIONAL MINING ASSOCIATION $1,252,834 CONSOL ENERGY INC. PAC $890,000 CONSTELLATION ENERGY GROUP INC. FEDERAL PAC $1,297,500 CMS ENERGY $440,000 DOMINION POLITICAL ACTION COMMITTEE $555,000 DTE ENERGY CO. PAC FEDERAL $780,000 DUKE ENERGY CORPORATION PAC $2,040,000 EDISON INTERNATIONAL PAC $1,150,000 ENERGY POLITICAL ACTION COMMITTEE OF ENERGY FUTURE HOLDINGS CORP. $1,700,000 ENERGYSOLUTIONS, INC. FUND FOR EFFECTIVE GOVERNMENT (ENERGYSOLUTIONS PAC) $60,000 ENTERGY CORPORATION POLITICAL ACTION COMMITTEE (ENPAC) $1,165,000 EXELON CORPORATION POLITICAL ACTION COMMITTEE (EXELONPAC) $1,222,181 FIRSTENERGY CORP. POLITICAL ACTION COMMITTEE $925,000 FLUOR $554,069 GENON ENERGY PAC $290,000 INTEGRYS ENERGY GROUP, INC PAC $90,000 INTERNATIONAL COAL GROUP $0 KOCHPAC $2,550,000 MID AMERICAN ENERGY HOLDINGS $378,450 MINEPAC, A POLITICAL ACTION COMMITTEE OF THE NATIONAL MINING ASSOCIATION $1,252,834

6 NATIONAL ELECTRIC RELIABILITY COORDINATING COUNCIL $340,000 NEWMONT MINING CORPORATION PAC $378,000 NISOURCE INC. PAC $440,000 NRG ENERGY INC POLITICAL ACTION COMMITTEE $700,000 NORTHEAST UTILITIES EMPLOYEES POLITICAL ACTION COMMITTEE FEDERAL $410,000 PEABODY ENERGY CORPORATION POLITICAL ACTION COMMITTEE (PEABODY PAC) $562,000 PEABODY INVESTMENTS $1,360,000 POWER POLITICAL ACTION COMMITTEE OF ENERGY FUTURE HOLDINGS CORP. $1,700,000 POWERPAC OF THE EDISON ELECTRIC INSTITUTE $4,140,000 PPL CORP $660,000 PROGRESS ENERGY EMPLOYEES' FEDERAL PAC $835,000 SECURE ENERGY FOR AMERICA POLITICAL ACTION COMMITTEE (SEA PAC) $0 SOUTHERN COMPANY EMPLOYEES PAC $4,512,500 TENASKA INC EMPLOYEES POLITICAL ACTION COMMITTEE $40,000 THE AMERICAN ELECTRIC POWER COMMITTEE FOR RESPONSIBLE GOVERNMENT $2,125,210 THE BABCOCK & WILCOX COMPANY POLITICAL ACTION COMMITTEE (B&W PAC) $500,000 XCEL ENERGY EMPLOYEE POLITICAL ACTION COMMITTEE (XPAC) $1,047,500 Total $41,493,774 Source: 1 U.S. Senate, Lobbying Disclosure Act Database, available at: (last visited July 11, 2011).

7 Table D Contributions to Politicians and Committees by the Electric Power and Coal Mining Industries Jan May 2011 Total 2011 Contributions PAC / Organization through May ACTION COMMITTEE. FOR RURAL ELECTRIFICATION. (ACRE) NATIONAL RURAL ELECTRIC COOPERATIVE $427, ALLEGHENY ENERGY INC. FEDERAL POLITICAL ACTION COMMITTEE $41, ALPHA NATURAL RESOURCES, INC. POLITICAL ACTION COMMITTEE $120, AMEREN FEDERAL POLITICAL ACTION COMMITTEE (AMERENFED PAC) $75, ARCH COAL INC. POLITICAL ACTION COMMITTEE (ARCHPAC) $72, AUSTIN ENERGY BRACEPAC $42, BASIN ELECTRIC POWER COOPERATIVE POLITICAL ACTION COMMITTEE (BASIN ELECTRIC PAC) $0.00 CLIFFS NATURAL RESOURCES INC. POLITICAL ACTION COMMITTEE (CLIFFSPAC) $20, CLOUD PEAK ENERGY RESOURCES LLC EMPLOYEE PAC $4, COALPAC, A POLITICAL ACTION COMMITTEE OF THE NATIONAL MINING ASSOCIATION $93, CONSOL ENERGY INC. PAC $59, CONSTELLATION ENERGY GROUP INC. FEDERAL PAC $0.00 CMS ENERGY $37, DOMINION POLITICAL ACTION COMMITTEE $241, DTE ENERGY CO. PAC FEDERAL $173, DUKE ENERGY CORPORATION PAC $198, EDISON INTERNATIONAL PAC $122, ENERGY POLITICAL ACTION COMMITTEE OF ENERGY FUTURE HOLDINGS CORP. $40, ENERGYSOLUTIONS, INC. FUND FOR EFFECTIVE GOVERNMENT (ENERGYSOLUTIONS PAC) $29, ENTERGY CORPORATION POLITICAL ACTION COMMITTEE (ENPAC) $173, EXELON CORPORATION POLITICAL ACTION COMMITTEE (EXELONPAC) $279, FIRSTENERGY CORP. POLITICAL ACTION COMMITTEE $69, FLUOR $140, GENON ENERGY PAC $33, INTEGRYS ENERGY GROUP, INC PAC $4, INTERNATIONAL COAL GROUP $24, KOCHPAC $387,500.00

8 MID AMERICAN ENERGY HOLDINGS MINEPAC, A POLITICAL ACTION COMMITTEE OF THE NATIONAL MINING ASSOCIATION $49, NATIONAL ELECTRIC RELIABILITY COORDINATING COUNCIL NEWMONT MINING CORPORATION PAC $25, NISOURCE INC. PAC $65, NRG ENERGY INC POLITICAL ACTION COMMITTEE $0.00 NORTHEAST UTILITIES EMPLOYEES POLITICAL ACTION COMMITTEE FEDERAL $50, PEABODY ENERGY CORPORATION POLITICAL ACTION COMMITTEE (PEABODY PAC) $19, PEABODY INVESTMENTS POWER POLITICAL ACTION COMMITTEE OF ENERGY FUTURE HOLDINGS CORP. $75, POWERPAC OF THE EDISON ELECTRIC INSTITUTE $217, PPL CORP $0.00 PROGRESS ENERGY EMPLOYEES' FEDERAL PAC $181, SECURE ENERGY FOR AMERICA POLITICAL ACTION COMMITTEE (SEA PAC) $9, SOUTHERN COMPANY EMPLOYEES PAC $156, TENASKA INC EMPLOYEES POLITICAL ACTION COMMITTEE $22, THE AMERICAN ELECTRIC POWER COMMITTEE FOR RESPONSIBLE GOVERNMENT $90, THE BABCOCK & WILCOX COMPANY POLITICAL ACTION COMMITTEE (B&W PAC) $92, XCEL ENERGY EMPLOYEE POLITICAL ACTION COMMITTEE (XPAC) $97, Total $4,063, *Arch Coal through 3/31/2011, Cloud Peak Energy through 3/31/2011, Consol Energy through 6/30/2011, International Coal through 6/14/2011, Progress Energy through 6/30/2011 Source: 1 Federal Election Commission, Campaign Finance Reports and Data, available at: (last visited July 11, 2011).