Saturday, August 24, 2019

An ethics of drive: David Koch's undead heart will go on













David H. Koch
Related Profiles & Research
Credentials
Honorary Doctorate, Cambridge College, Inc. (2004). [1]
Master's Degree, Chemical Engineering, Massachusetts Institute of Technology (1963). [2]
Bachelor's Degree, Massachusetts Institute of Technology (1962). [2]
Background
David H. Koch, along with his brother Charles Koch, was a co-owner of Koch Industries, the second-largest private company in America according to Forbes, with a revenue of $100 billion as of December 2017. Forbes estimated David Koch's net worth at $50.7 billion. Washington Post reported in 2018 that David was stepping down from Koch Industries and Americans for Prosperity due to health issues. David Koch passed away on August 23, 2019[3][4][58][60]
David Koch served as executive vice president and board member of Koch Industries Inc., a company spanning a range of industries including petroleum, mining, fertilizers, financial trading, forest and consumer products. He was also chairman and chief executive officer of Koch Chemical Technology Group, LLC, a wholly-owned Koch subsidiary company. Before joining Koch Industries in 1970, David Koch worked for Amicon Corporation as a research and process design engineer. [5]
In addition to running Koch Industries, the Koch brothers created a large number of right-wing groups and have funneled millions of dollars into an extensive political network. That network, which includes a wide range of groups fighting against regulations on carbon emissions and denying the existence or seriousness of man-made climate change, was first dubbed “the Kochtopus” by the some Libertarians in the late 1970s. [6]
Greenpeace has described Koch Industries as a “kingpin of climate science denial” and noted the organization has outpaced ExxonMobil when it comes to donations to organizations engaged in a public relations effort to attack climate science. In an August 2010 issue of The New Yorker, Jane Mayer outlined how the Koch network operates to combat environmental regulation and, at the time, had consistently pushed against a wide range of Obama-administration regulations. [8][9]
Charles Lewis, the founder of the nonpartisan watchdog group Center for Public Integrity, told Meyer: [9]
“The Kochs are on a whole different level. There’s no one else who has spent this much money. The sheer dimension of it is what sets them apart. They have a pattern of lawbreaking, political manipulation, and obfuscation. I’ve been in Washington since Watergate, and I’ve never seen anything like it. They are the Standard Oil of our times.” [9]
The Kochs actively supported the Libertarian Party in the 1970s and early 1980s. David ran as the vice-presidential candidate for the Libertarian Party in 1980, and advocated for the abolishment of Social Security, public schools, welfare, the CIA, IRS, and FBI,  asThe New York Times reported in 1984. Charles supported his brother's vice presidential bid in 1980, and also heavily supports libertarian groups like the Cato Institute[11][12][13], [14]
Climate Change Disinformation
“The contrarian efforts have been so effective for the fact that they have made it difficult for ordinary Americans to even know who to trust,” Dr. Farrell told the Washington Post which was first to cover the news of the study's release. “This counter-movement produced messages aimed, at the very least, at creating ideological polarization through politicized tactics, and at the very most, at overtly refuting current scientific consensus with scientific findings of their own,” Dr. Farrell said. [17]
From PNAS’s press briefing note about the article by Dr. Farrell: [17]
Corporate funding likely influences the nature and content of polarizing texts pertaining to climate change, according to a study. Political polarization has become a hallmark of climate change policy discussion, with multiple groups in various sectors contributing to public discourse regarding climate and energy. To quantify the influence of corporate funding in climate change discourse, Justin Farrell analyzed more than 39 million words of text produced by 164 organizations active in the climate change counter-movement between 1993 and 2013. The author examined the ideological content of the produced texts, as well as the funding behind the organizations that produced the texts.
Organizations with corporate funding were more likely to have produced polarizing texts, the author found, with ExxonMobil and the Koch family foundation acting as influential funders (emphasis added). Further, according to the author, corporate funding may have influenced the ideological content of produced texts. The results suggest quantitative evidence of the influence of funding in the climate change debate that had previously been hypothesized, and suggests an analytical model for integrating texts with the social networks that created them, according to the author. [17]
Another study, published in the journal Nature Climate Change (see full text here), written by Farrell, a professor of sociology at Yale’s School of Forestry & Environmental Studies, also examined the influence of the Koch network on climate change communication. [18][19]
“The individuals in this bipartite network include interlocking board members, as well as many more informal and overlapping social, political, economic and scientific ties,” Farrell wrote in the report. “The organizations include a complex network of think tanks, foundations, public relations firms, trade associations, and ad hoc groups.” [19]
He described the Koch brothers family foundations as “reliable indicators of a much larger effort of corporate lobbying in the climate change counter-movement.” [19]
He found organizations taking funds from “elite” corporate funders of climate denial like Exxon and the Koch Brothers — groups like the CATO Institute, the Heritage Foundation, and the Heartland Institute — “have greater influence over flows of resources, communication, and the production of contrarian information” than other denial groups. [19]
Stance on Climate Change
July 25, 2010
In an interview with New York magazine, David Koch suggested climate change would be positive: [20]
“The Earth will be able to support enormously more people because a far greater land area will be available to produce food [due to climate change],” he said.
Key Quotes
December 2012
In an interview with Forbes, following Mitt Romney's loss in the most recent election cycle, David Koch said: [21]
“We raised a lot of money and mobilized an awful lot of people, and we lost, plain and simple.  We’re going to study what worked, what didn’t work and improve our efforts in the future.  We’re not going to roll over and play dead.”
October 14, 2012
In an issue of The Wichita Eagle, David Koch was quoted[22]
“We have some very large refineries, and we have some great projects that we'd like to invest in to meet the demands of our customers, that is, the aviation fuel customers, the heating oil customers, and motor gasoline customers, and these refineries that we have… Well, the EPA has been sitting on several hundred requests from refineries and chemical plants to upgrade and expand their facilities. And the EPA has only, since Obama's been president, granted one permit. And that permit is being litigated by environmental groups blocking it, so refineries are essentially paralyzed, they can't expand and improve their operations.
“My god, we're a fossil-fuel-based society. And I think we're going to have, if this continues, a big shortage of fuel to operate our economy.”
2007
In an interview with Brian Doherty, as quoted at the Mises Institute, David Koch said: [23]
“If we're going to give a lot of money, we'll make darn sure they spend it in a way that goes along with our intent. And if they make a wrong turn and start doing things we don't agree with we withdraw funding. We do exert that kind of control.”
Key Deeds
November 2018
Documents uncovered by the Center for Media and Democracy (CMD) and reported at Salon revealed how the Koch brothers worked with the data firm i360 developed persuasion models to target voters with tailored messages on certain issues. In 2016, i360 developed models while working with Sen. Rob Portman’s 2016 re-election campaign in Ohio. [59]
After polling, i360 found a “key local issue facing Ohio was the opioid epidemic” and subsequently created a a “heroin model” and a “heroin treatment model” that were effective at increasing voter support for Portman. [59]
“This manipulation of the opioid crisis for political gain has a perverse irony given the Kochs’ long-running work to provide corporate interests, including health care and pharmaceutical interests, with undue political power and influence over public policy decision,” Salon reported. [59]
Heroin was only one example of models that i360 developed to craft tailored messaging for Portman's campaign. Other issue-based models included gun control immigration, energy, pro-life, and marriage. [59]
June 2018
The Washington Post reported David Koch was stepping down from Koch Industries and Americans for Prosperity due to health issues. Charles Koch announced in a letter to Koch Industries employees that David's health was declining: [58]
“Unfortunately, these issues have not been resolved and his health has continued to deteriorate,” Charles Koch wrote in the letter, a copy of which was obtained by The Washington Post. “As a result, he is unable to be involved in business and other organizational activities. […] David has always been a fighter and is dealing with this challenge in the same way.” [58]
Mark Holden, general counsel of Koch Industries and co-chair of the Koch's political network, said David's departure would not stall growth. [58]
“We greatly appreciate his vital role on the board and all that he has done to help us build a strong foundation for our future success,” Holden wrote in an email. [58]
October 2017
Writing at the New Yorker, Jane Mayer highlighted the connections between the Koch brothers and Vice President Mike Pence. While Charles Koch had once said that a choice between a Donald Trump and Hillary Clinton presidency was one between “cancer or heart attack,” the Kochs were “very excited about the Vice-Presidential pick,” according to White House head of legislative affairs Marc Short. [24]
Democratic Senator Sheldon Whitehouse worried that, if Pence were ever to replace Trump as president, it would lead to undue influence by the Kochs:[24]
“If Pence were to become President for any reason, the government would be run by the Koch brothers—period. He’s been their tool for years,” Whitehouse said. [24]
Steve Bannon was also concerned at the idea of Pence as President. “I’m concerned he’d be a President that the Kochs would own,” Bannon told Meyer. [24]
Meyer highlighted Pence's relationship with a range of Koch-funded think tanks including Americans for Prosperity, describing it as a key to his rise. [24]
In 2009, Pence signed and promoted the “No Climate Tax” pledge devised by the Americans for Prosperity, which promised to avoid all spending on the curbing of carbon emissions. Pence also made speeches denouncing the cap-and-trade bill. The Checks and Balances Project found that, after Pence signed and promoted the AfP “No Climate Tax” pledge, financial support to him from the Kochs increased dramatically. [24]
After signing the pledge, Pence “was the Kochs’ guy, and they’ve been showering him with money ever since,” Scott Peterson, the executive director of the Checks & Balances Project, told Meyer. [24]
At a 2014 Americans for Prosperity summit in Dallas, Pence said he was “grateful to have enjoyed” David Koch’s support. [24]
April 2017
As reported by Hiroko Tabuchi at The New York Times, the Koch-funded Americans for Prosperity publicly backed a measure that would cancel a $6,000 tax credit for electric vehicles in Colorado. [25]
April 2017
DeSmog reported that the 60 Plus Association, a group funded by the Kochs, had lobbied for the Dakota Access pipeline, a project in which a Koch subsidiary stood to profit. Koch subsidiary Flint Hills Resources had proposed its own pipeline, Dakota Express, in January 2014. [26]
60 Plus increased its lobbying efforts in September 2016, just as a protest movement against the pipeline grew near the Standing Rock Sioux Reservation in Cannon Ball, North Dakota. [26]
During that month, it sent chairman Jim Martin to lobby for Dakota Access and to write an article supporting the pipeline for the business and politics publication Morning Consult. [27]
January 5, 2017
On January 5, the U.S. House of Representatives passed the REINS (Regulations from the Executive in Need of Scrutiny) Act of 2017. As reported by DeSmog, the act had been pushed for years by Koch-funded groups, and also had origins in Canada's SCRUB (Searching for and Cutting Regulations that are Unnecessarily Burdensome) Act. [28][29]
December 19, 2016
Despite past disagreements, numerous news sources reported the Trump Administration was quickly being populated by allies of the Kochs. Politico described it as “Trump's Koch administration,” while Talking Points Memo noted that “Behind Make America Great, the Koch agenda has returned with a vengeance.” Some have described Trump as an unwitting “puppet” of the Koch brothers. [30][31]
DeSmog outlined some of the connections between the Trump Administration and the Koch brothers in a LittleSis network map, embedded below. Scroll and zoom on the map to explore all the connections, or click “Next” to zoom in on some of the featured relationships. [32]
November 3, 2016
The Koch Brothers were the subject of a documentary at Real News Network titled “The Doubt Machine: The Koch Brothers' War on Climate Science,” which examined how Koch-funded entities threatened climate scientists such as Michael Mann and journalists like Jane Mayer. [33][34]
View the documentary below.
August 2016
The pro-fossil-fuel organization Fueling U.S. Forward (FUSF) was launched using Koch dollars in the summer of 2016, working as a 501(c)(6) nonprofit business association, a designation that allows its involvement in both lobbying and political activities. [35]
The group was headed by industry lobbyist and executive Charles T. Drevna, who confirmed to DeSmog that he was working with Koch Industries board member James Mahoney. [35]
Peter Stone first revealed the Koch's then-unnamed campaign plan in February 2016 at HuffPost. He reported the group hoped “to spend about $10 million dollars per year to boost petroleum-based transportation fuels and attack government subsidies for electric vehicles, according to refining industry sources familiar with the plan.” [36]
As part of its campaign to combat electric vehicle subsidies, FUSF produced videos claiming that electric vehicle (EV) tax credits are a “massive wealth transfer from poor to rich.” See the FUSF video “The Hidden Cost of Electric Cars” archived below: [37]
DeSmog debunked the video, noting that cited figures were from an outdated paper produced when only three plug-in electric models were widely available to American drivers. [38]
The FUSF website shut down in October 2017 and no longer appears to be in operation, however DeSmog continues to document the Koch brothers' ongoing efforts to undermine electric vehicles and renewable energy at KochVsClean.com[38]
FUSF, which had sponsored a gospel concert as part of its public relations effort, was later criticized for a “an exploitative, sad and borderline racist strategy” by Eddie Bautista, executive director of the NYC Environmental Justice Alliance[39]
July 2016
Three Koch groups were fined by the Federal Election Commission (FEC) for concealing the sources of funds they spent on political ads in 2010. The fines amounted to a combined total of $233,000. [40][41]
The three groups involved were the American Future Fund, 60 Plus Association and Americans for Job Security, which had received funding from the Koch-connected Center to Protect Patient Rights (CPPR), now American Encore[41]
The FEC found that CPPR's funding had been set to be spent on independent expenditures such as TV ads, and should have been disclosed. Classified as 501(c)(4) organizations, the groups are permitted to spend funds on political advertising as long as it isn't their “primary activity.” However, if a donor gives money specifically earmarked for spending on an election, it must be disclosed to the FEC. [41]
2015/2016
In 2015, Politico reported the Koch brothers promised to spend $889 million in the run-up to the 2016 elections, “a historic sum that in many ways would mark Charles and David Koch and their fellow conservative megadonors as more powerful than the official Republican Party.” [42]
In response to, among other issues, the emergence of Donald Trump, the Koch brothers didn't spend the promised funds. Roughly a year after their spending promise, the National Review reported that the Kochs were “reevaluating their approach to politics.” [43]
Sources said that there is “mounting evidence—reduced budgets, the shuttering and streamlining of departments, the elimination of grants to allied political organizations, and the departure of top executives—demonstrating a shift of resources and attention away from federal campaign activity.” [43]
November 2015
As reported at Politico and at The New Yorker, the Kochs had been running a “competitive intelligence team” to gather intelligence on liberal groups and activists while monitoring potential threats to their network. [44][45]
The Koch's team was made up of a staff of 25, including one former CIA analyst, and its operations included regular “intelligence briefing” emails with information on things like tracking the canvassing, phone-banking and voter-registration efforts of labor unions, environmental groups and their allies. [44][45]
“Such stealth activities are the kind that campaigns and party operatives often fantasize about but mostly shy away from ― both because of cost and potential political backlash if exposed,” 'Politico reported. [44]
June 25, 2012
As The New York Times reported, Charles and David Koch agreed to revamp the Cato Institute's leadership to allow the group to maintain political independence. This was after the Koch brothers had filed two lawsuits seeking greater control over the Cato Institute's board. [46]
Charles Koch had helped found the Cato Institute in 1977, and the family had donated more than $30 million to it by 2012. However, he and longtime chief executive Ed Crane had a falling out due to what the NYT described as “management and philosophical differences.” [46]
The Koch brothers had long aimed to control a larger portion of the Cato Institute's 16-member board to establish a “more direct pipeline between Cato and the family’s Republican political outlets, including groups that Democrats complain have mounted a multimillion-dollar assault on President Obama.” This had caused tensions inside the governing structure, as Cato officials said this threatened their reputation for independent research. [46]
“This is an effort by the Kochs to turn the Cato Institute into some sort of auxiliary for the G.O.P. What he is doing now is detrimental to Cato, it’s detrimental to Koch Industries, it’s detrimental to the libertarian movement.” [47]
The Kochs eventually withdrew the lawsuit on the condition that Ed Crane retired. Greenpeace reported that before the attempted Koch takeover, Cato was seen as a “relatively independent think tank, willing to criticize both democrat and republican administrations,” but that the Kochs had wanted “the power to fold Cato into their suite of other front groups, making it another Koch-controlled cog in the republican political machine.” [48]
2012
Koch Industries was among several organizations including ExxonMobil, ChevronAmerica's Natural Gas Alliance (ANGA)Peabody EnergyEdison Electric Institute, and other industry groups who lobbied for the “Energy Tax Prevention Act of 2011,” designed to block the EPA from regulating greenhouse gas emissions under the Clean Air Act. [49] 
January 3, 2011
As detailed in her 2016 book, Dark Money, New Yorker staff reporter Jane Mayer received unfounded plagiarism accusations after she published an investigative piece on the Koch brothers in The New Yorker. [50]
“Their aim, according to a well-informed source, was to counteract The New Yorker’s story on the Koch brothers by undermining me,” wrote Mayer. “'Dirt, dirt, dirt' is what the source later told me they were digging for in my life. 'If they couldn’t find it, they’d create it.'”[50]
As she detailed in “Dark Money,” with verification from a source who spoke on the condition of anonymity, a group called Vigilant Resources International (VRI) had received a retainer fee to help along the charges of plagiarism. [50]
Mayer received plagiarism inquiries from the right-wing The Daily Caller, as well as others from The Washington Post, ThinkProgress, and others. [50]
“Paul Kane, a reporter at The Washington Post, quickly looked up the story in question and sent me an e-mail saying, 'Not only did you not steal from me, you Frickin’ credited me in the VERY NEXT line,'” Mayer explained in “Dark Money.” “The New Yorker had even linked to his story online. And, I later learned, my husband, who was then an editor at The Washington Post, had edited the story that I supposedly stole.” [50]
Lee Fang, now a reporter at The Intercept, also said that Mayer had properly credited him in her story. [50]
 “With only a few hours before these allegations were set to go online, all I could do was to try to get out the truth before the lies were spread,” Mayer explained. “By midnight, I had reached three of the four authors from whom I was alleged to have plagiarized. All offered to make public statements supporting me and denying I had misappropriated their work.” [50]
“In the end, even the Daily Caller found the allegations to be unfounded, and to its credit, abandoned the story,” wrote the New York Post. “The story is dead but the person or persons behind the allegations remains a shadowy mystery.” [50]
A source later told Mayer that Nancy Pfotenhauer, former head of Koch's Americans for Prosperity/Citizens for a Sound Economy, as well as a former Koch Industries lobbyist in Washington, DC, had been a key part of the effort. [50]
Affiliations
Cato Institute — Formerly listed as a Director (as recently as 2016)[54]
Citizens for a Sound Economy Foundation (Later Americans for Prosperity) — Established in 1984 by Charles and David Koch. [55]
Koch Industries
Koch Industries, Inc. — Former Executive Vice President and Director. [4]
Koch Membrane Systems, Inc. — Former Chairman of the Board[57]
Koch Chemical Technology Group, LLC — Former Chairman of the board and chief executive officer[5]
Koch Foundations
David H. Koch Charitable Foundation — Former Director.
Fred C. and Mary R. Koch Foundation — Former Director.
Social Media
@Koch_Industries on Twitter.
Publications
Investigative Reporting
Jane Mayer at The New Yorker has produced a long series of investigative reporting pieces on the Koch brothers:
Can Time Inc. Survive the Kochs?”The New Yorker, November 28, 2017.
A Whistle-Blower Accuses the Kochs of 'Poisoning' an Arkansas Town,” The New Yorker, September 9, 2016.
Koch for Clinton? Not a Chance,” The New Yorker, April 26, 2016.
New Koch,” The New Yorker, January 25, 2016.
Do the Kochs Have their Own Spy Network,” The New Yorker, November 18, 2015.
The Koch Brothers in California?“ The New Yorker, October 25, 2013.
Paying for 'Citizen Koch',” The New Yorker, August 13, 2013.
Koch Pledge Tied to Congressional Climate Inaction,” The New Yorker, June 30, 2013.
Stephen Colbert on David Koch and PBS,” The New Yorker, May 23, 2013.
A Word from Our Sponsor,” The New Yorker, May 27, 2013. 
The Kochs V. Cato: Winners and Losers,”The New Yorker, June 27, 2012.
Kochs Vs. Cato, Round Two,” The New Yorker, March 5, 2012.
The Kochs Vs. Cato,” The New Yorker, March 1, 2012.
Hermain Cain and the Kochs,” The New Yorker, October 20, 2011.
Cain and His Brothers,” The New Yorker, November 4, 2011.
Covert Operations,” The New Yorker, August 30, 2010.
Resources
Honorary Degrees 2004,” University of Cambridge. Archived December 28, 2017. Archive.is URL: https://archive.is/PjazV
No. 11: David Koch,” The Chronicle of Philanthropy, February 10, 2013. Archived March 28, 2018. Archive.is URL: https://archive.li/XXzhJ
David Koch,” Fobes, December 27, 2017. Archive.is URL: https://archive.is/HVWbu
“David H. Koch” (PDF), Koch Industries Inc. February, 2009.
The Making of the Kochtopus,” Mother Jones, November 3, 2014. Archived December 27, 2017. Archive.is URL: https://archive.is/s0buk
David Koch - Libertarian,” Advocates for Self Government, archived February 26, 2007. Archive.is URL: https://archive.is/4CWKJ
Jane Meyer. “Covert Operations,” The New Yorker, August 30, 2010. Archived December 28, 2017. Archive.is URL:https://archive.is/DWBMP
Nicholas Confessore. “Quixotic ’80 Campaign Gave Birth to Kochs’ Powerful Network,” The New York Times, May 17, 2014. Archived February 19, 2018. Archive.is URL: https://archive.is/EUIIj
Charlotte Curtis. “MAN WITHOUT A CANDIDATE,” The New York Times, October 16, 1984. Archive.is URL:https://archive.is/rueHq
“25 years at the Cato Institute” (PDF), Cato Institute. PDF created April 5, 2007.
Phil Kerby. “The Libertarians: Freedom to a Fault,” Los Angeles Times, September 13, 1979.
Justin Farrell. “Corporate funding and ideological polarization about climate change,” PNAS Vol. 113. No. 1 (January 5, 2016). View full PDF here.
Joby Warrick. “Why are so many Americans skeptical about climate change? A study offers a surprising answer.” The Washington Post, November 23, 2015. Archive.is URL: https://archive.is/j8wOC
Justin Farrell. “Network structure and influence of the climate change counter-movement,” Nature Climate Change 6, 370–374 (2016). Full text on DropBox.
The Billionaire's Party,” New York, July 25, 2010. Archived December 28, 2017. Archive.is URL: https://archive.is/sHzng
In His own Words: David Koch, executive vice president and a board member of Koch Industries,” The Wichita Eagle, October 14, 2012. Retrieved from issuu.com.
A Fairy Tale of the Austrian Movement,” MisesInstitute, September 25, 2007. Archived December 28, 2017. Archive.is URL: https://archive.is/PeGdD
Jane Mayer. “The Danger of President Pence,” The New Yorker, October 23, 2017. Archived December 28, 2017. Archive.is URL: https://archive.is/0mJYh
Hiroko Tabuchi. “Behind the Quiet State-by-State Fight Over Electric Vehicles,” The New York Times, March 11, 2017. Archive.is URL: https://archive.is/cvnsu
Lobbying Report,” Secretary of the Senate Office of Public Records, 2016.
Kenneth P. Vogel and Eliana Johnson. “Trump's Koch administration,” Politico, November 28, 2016. Archived December 28, 2017. Archive.is URL: https://archive.is/BKGoc
Alexander Hertel-Fernandez, Theda Skocpol, and Caroline Tervo. “Behind 'Make America Great,' the Koch Agenda Returns with a Vengeance,” Talking Points Memo, November 21, 2016. Archived December 28, 2017. Archive.is URL: https://archive.is/F3OeB
Ben Jervey. “The Trump Administration Is Filling Up With Koch Allies,” DeSmog, December 19, 2016.
The Doubt Machine: Inside The Koch Brothers' War on Climate Science,” The Real News.com. Accessed December 28, 2017.
Peter Stone. “The Kochs Are Plotting A Multimillion-Dollar Assault On Electric Vehicles,” The Huffington Post, February 19, 2016. Archive.is URL: https://archive.is/jXPA4
“Hidden Costs of Electric Cars,” YouTube video uploaded by user “Fueling U.S. Forward” on July 11, 2017 (no longer available online). Archived .mp4 on file at DeSmog.
Farron Cousins. “Koch-Funded Groups Slapped With Fines By Federal Election Commission,” DeSmog, July 15, 2016.
Libby Watson. “FEC fines Koch groups for illegal dark money,” Sunlight Foundation, July 13, 2016. Archived December 28, 2017. Archive.is URL: https://archive.is/FIg3A
Tim Alberta and Eliana Johnson. “Exclusive: In Koch World ‘Realignment,’ Less National Politics,” National Review, May 16, 2016. Archived December 28, 2017. Archive.is URL: https://archive.is/fmMaZ
Kenneth P. Vogel. “The Koch intelligence agency,” Politico, November 18, 2015. Archived December 28, 2017. Archive.is URL: http://archive.is/Sc64H
Do the Kochs Have their Own Spy Network,” The New Yorker, November 18, 2015. Archived December 28, 2017. Archive.is URL: http://archive.is/1sAnj
Eric Lichtblau. “Cato Institute and Koch Brothers Reach Agreement,” The New York Times, June 25, 2012. Archived December 28, 2017. Archive.is URL: https://archive.is/wxgnr
Eric Lichtblau. “Cato Institute Is Caught in a Rift Over Its Direction,” The New York Times, March 6, 2012. Archived December 27, 2017. Archive.is URL: https://archive.is/qz1nD
Jesse Coleman. “Why the Koch brothers are cannibalizing the Cato Institute,” Greenpeace, March 20, 2012. Archived December 28, 2017. Archive.is URL: https://archive.is/CXtIk
Clients lobbying on S.482: Energy Tax Prevention Act of 2011,” OpenSecrets.org. Accessed December 28, 2017.
BOARD OF DIRECTORS,” Americans for Prosperity Foundation. Archived March 11, 2016. Archive.is URL: https://archive.is/E18KJ
David Koch,” The Aspen Institute. Archived December 27, 2017. Archive.is URL: https://archive.is/O3YrL
Reason Trustees and Officers,” Reason Foundation. Archived December 28, 2017. Archive.is URL: https://archive.is/V3Ssg
Board of Directors,” Cato Institute. Archived July 7, 2016. Archive.is URL: https://archive.is/7l3ea
Tom Hamburger, Kathleen Hennessey and Neela Banerjee. “Koch brothers now at heart of GOP power,” Los Angeles Times, February 6, 2011. Archived February 20, 2018. Archive.is URL: https://archive.is/VZUEZ
David Koch,” Fobes, December 27, 2017. Archive.is URL: https://archive.is/HVWbu
(Press Release). “KOCH MEMBRANE SYSTEMS ANNOUNCES EXECUTIVE MANAGEMENT CHANGES” (PDF), Koch Membrane Systems, January 4, 2016. 
Melanie Grayce West and John McCormick. “Billionaire David Koch, Who Used His Wealth to Reshape U.S. Politics, Dies at 79,” The Wall Street Journal, August 23, 2019. Archived August 23, 2019. Archive.fo URL: https://archive.fo/j9sUH
Other Resources
David H. Koch,” SourceWatch.
David Koch,” Polluterwatch.
David H. Koch,” Greenpeace.
Koch Brothers,” SourceWatch.
David Koch,” Wikipedia.
David Koch,” LittleSis. 
The players in the Koch-backed $400 million political donor network,” The Washington Post, January 5, 2014. 
Profile image by Gage Skidmore [CC BY-SA 3.0], via Wikimedia Commons
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Documents Show Koch Network's 'Structure of Social Change' in Action






By Ben Jervey • Monday, August 19, 2019 - 16:59

 Koch Student Commons, on the ground floor of Kansas University's business school.
Back in 1996, the president of the Charles Koch Foundation laid out a blueprint for the Koch network’s goals of social transformation — a three-tiered integrated strategy to roll back government regulations, promote free market principles, and, in doing so, to protect the industries that turned the Koch brothers into billionaires. 
More than two decades later, that blueprint is still being followed in a broad-scale effort to serve the Kochs’ free-market libertarian ideology, to prop up the oil and gas industries that pad their fortunes, and to forestall any political action on climate change that they believe would threaten their bottom line.
In an article for Philanthropy Magazine, Richard Fink, who led the Charles Koch Foundation and served as executive vice president of Koch Industries, called the Koch network’s integrated strategy their “Structure of Social Change,” writing:
“At the higher stages we have the investment in the intellectual raw materials, that is, the exploration and production of abstract concepts and theories. These still come primarily (though not exclusively) from the research done by scholars at our universities …
In the middle stages, ideas are applied to a relevant context and molded into needed solutions for real-world problems. This is the work of the think tanks and policy institutions …
But while the think tanks excel at developing new policy and articulating its benefits, they are less able to implement change. Citizen activist or implementation groups are needed in the final stage to take the policy ideas from the think tanks and translate them into proposals that citizens can understand and act upon.”
The Kochs’ investments in all three “stages” are still impacting public policy debates, as evidenced in documents collected by KochDocs, a newly launched clearinghouse for “hard to find documents about Charles Koch and his agenda.”
And these investments are paying off. Charles Koch told a gathering of donors in 2018 that “We’ve made more progress in the last five years than I had in the previous fifty,” as Christopher Leonard reported in the just-published book Kochland: The Secret History of Koch Industries and Corporate Power in America.
Perusing the KochDocs archives with Fink’s “Structure of Social Change” in mind, you can see how this integrated, multi-tiered strategy actually works, particularly in the context of energy and environmental policies that could threaten the Kochs’ main business of refining oil.
The Ground Game: Citizen Activists and Implementation Groups
By almost any measure, the “final stage” that Fink refers to — the “citizen activist and implementation groups” — is anchored by Americans for Prosperity, the Kochs’ sprawling 501(c)4 advocacy group, which Harvard and Columbia University researchers Theda Skocpol and Alexander Hertel-Fernandez described in 2016 as “ the 800-pound gorilla of the reorganized U.S. conservative universe.”
Americans for Prosperity (AFP) today boasts of having more than 2.3 million members, with operations in 35 states. Though the organization presents itself as grassroots, and reflective of local members’ interests, Skocpol and Hertel-Fernandez describe how the national office hand-picks state staffers, and how policy priorities emerge from the same central fountainhead. 
Skocpol and Hertel-Fernandez write that:
“Overall, AFP exhibits an ideal combination of autonomy from, and embeddedness within, GOP circles, a unique situation that helps the Koch network serve as an ideological backbone and right-wing force for today’s Republican Party. This happens not only because the Koch network throws a lot of money around, and not even because it threatens politicians with sanctions if they stray from the Koch agenda… Rather, the most pervasive and subtle form of leverage by the Koch network on the Republican Party happens because of the flow of people back and forth between the two operations.”
In effect, through the structure of the organization, AFP members and — more importantly — AFP-affiliated politicians, are exposed to the Koch network’s preferred political agenda, and receive clear policy direction and talking points from the national offices.
Frequently, these come in the form of “Need To Know” briefs from the Americans for Prosperity Foundation, many of which are available on KochDocs.org.
Consider this 2012 “Need to Know” brief on Renewable Portfolio Standards, a policy prescription loathed by the Koch network for its free market–busting mandates, and also certainly because it promotes renewable energy alternatives to Koch Industries' business interests.
This AFP Foundation brief helped set up years of state-level GOP opposition to renewable portfolio standards (RPS), aided by a “model bill” to repeal RPS laws, drafted in 2012 by the Koch-funded American Legislative Exchange Council (ALEC). Over the next few years, state legislators in at least a dozen states attempted to roll back or repeal their states’ respective renewable energy and portfolio standards.
Translating Ideas: Think Tanks and Policy Institutions
The “Need To Know” briefs also show how the Koch network connects the middle and bottom tiers of their “structure for social change.” Pay close attention to the citations, and you’ll see the fruits of the Kochs’ investments in the middle stages — the “think tanks and policy institutions,” which provide reports and analyses to support the pro-fossil fuel, free market policies.
Seven of the 10 endnotes on the RPS “Need To Know” brief come from the Institute for Energy Research, a Koch-funded Washington D.C. think tank that is run by a former Koch Industries lobbyist. Another citation comes from the Cato Institute, a libertarian think tank founded by Charles Koch and funded extensively by Koch family foundations.

Endnotes from the Americans for Prosperity Foundation's 2012 “Need To Know” brief on renewable portfolio standards.
This is hardly unique. 
2014 “Need To Know” brief on greenhouse gas regulations quotes a representative from the American Council for Capital Formation (ACCF), a Koch-funded free market think tank. Another on cap and trade cites an ACCF study and quotes Cato Institute fellows. Yet another from 2016 on carbon taxes prominently features a study by the National Association of Manufacturers (NAM), on whose board sits a Koch Industries lobbyist and in which Koch Industries is likely an influential member. The carbon taxes brief also promotes an article by Michael Bastasch (who recently had been in the Koch Internship Program) for the Daily Caller News Foundation, which is primarily funded by Koch foundations.
These are just a few of the dozens of obvious examples found among the KochDocs archive which reveal how the Koch network leverages its investments in think tanks and policy institutions to maximize the effectiveness of its ground game groups like Americans for Prosperity.
Intellectual Raw Materials: Universities and Academics
What about the upstream investments in academia and universities? Check out the audio and transcript from this 2014 Koch Freedom Partners donor summit session on “Leveraging Science and the Universities.”
To start the panel, Kevin Gentry, the Vice President of the Charles Koch Foundation, boasts that the network’s work with universities is “of significant competitive advantage” and has “been a great investment for a number of years.” Gentry offers that this work leveraging academia “predates significantly our investment in the electoral process, and the product of our work is now seen in 400 colleges and universities.”
Some of these schools have produced great yields of the “intellectual raw materials” that Fink originally described. The Mercatus Center at George Mason University is the crown jewel of the Kochs’ academic program, with the “largest collection of free market faculty that exists anywhere at any university anywhere in the world” and having put out 1,600 studies “to advance economic freedom,” as then-Executive Director Brian Hooks said in the 2014 panel discussion. “What that means is that that these guys are producing research that groups in this network can rely on to advance economic freedom every single day.”
Hooks added, “[t]hanks in large part to the investment that this network has made, we have founded new university research centers around the country. We can take that model and expand economic freedom [and] the freedom movement.”
Projection of Koch investments at Utah State University on a campus building
A projection of Koch investments at Utah State University on a campus building. Credit: UnKoch My Campus/Greenpeace
Another such center is the Center for Growth and Opportunity based in the Huntsman School of Business at Utah State University (USU). The center opened in 2017 with a $25 million gift from the Charles Koch Foundation. However, the Koch network had been investing in the school for a decade already, as investigative reporters Alison Berg and Carter Moore recently examined for the school’s student newspaper, the Utah Statesman.
Randy Simmons, the “Charles G. Koch Professor” at USU who has received a supplemental salary stipend from the Koch foundations, is a leading academic opponent of wind and solar energy. Simmons has published several academic reports attacking renewable energy and supportive policies, and these reports have been regularly deployed by Koch-aligned groups in both the think tank and citizen activist tiers of the Koch’s structure for social change.
In particular, Simmons has led the publication of a number of reports bashing renewable energy standards, including ones used by state-based groups fighting the standards (as described above) in Kansas, Ohio, and North Carolina.
According to Berg and Moore’s reporting, the $25 million gift in 2017 “supercharged” the Koch influence on campus, and gave Simmons a team of ideologically aligned colleagues.
“Based on public documents and interviews with those involved, the university used the money to hire 13 of 19 staff members from a prominent libertarian think tank that was previously independent of the university, Strata Policy, and place them at the university’s new think tank, the Center for Growth and Opportunity (CGO). Strata has backed conservative positions on issues such as fossil fuel dependence, public land management and signed a letter in support of Donald Trump’s controversial downsizing of national monuments.”
There are plenty of other examples. Another program that has benefitted from Koch investment is the Department of Economics at Florida State University (FSU). The school found itself in some controversy after an internal memo came to light, revealing that the Koch foundations money came with plenty of strings attached:                                                       
“Constrained hiring: As we all know, there are no free lunches. Everything comes with costs. In this case, the money for faculty lines and graduate students is coming from a group of funding organizations with strong libertarian views. These organizations have an explicit agenda. They want to expose students to what they believe are vital concepts about the benefits of the market and the dangers of government failure, and they want to support and mentor students who share their views. Therefore, they are trying to convince us to hire faculty who will provide that exposure and mentoring. If we are not willing to hire such faculty, they are not willing to fund us.
The fallout led to a comprehensive internal review at the university, and a very critical report from an Ad Hoc Committee of faculty members, who expressed concern about the “outside control” and “undue influence over the academic endeavors of the FSU economics department.” The memo’s publication has not ended the relationship, however. The Charles Koch Foundation gave another $800,000 to FSU in 2016, largely to support the L. Charles Hilton Jr. Center for the Study of Economic Prosperity and Individual Opportunity. 
Today, Adam Millsap serves as Assistant Director of that center. Millsap has risen as an academic through the Koch-funded higher ed ecosystem, and spoke on that same 2014 panel on “Leveraging Science and the Universities.” There, Millsap described his role in cultivating a “new talent pipeline” for all levels of the Koch network, and how the Koch-funded programs — like the Mercatus Center and the Institute for Humane Studies — trained him to do so. 
Millsap also described how academics should use all “viable mediums,” including “major Republican blogs, op-eds, and policy briefs” to spread ideas to a broader, more popular audience.
Following his own advice, earlier this year, Millsap published a commentary on Forbes.com, headlined: “Green New Deal's Plan For Planes, Trains, And Automobiles Won't Work.”















Did North Dakota Regulators Hide an Oil and Gas Industry Spill Larger Than Exxon Valdez?





Read time: 15 mins
By Justin Nobel • Monday, August 19, 2019 - 12:56



In July 2015 workers at the Garden Creek I Gas Processing Plant, in Watford City, North Dakota, noticed a leak in a pipeline and reported a spill to the North Dakota Department of Health that remains officially listed as 10 gallons, the size of two bottled water delivery jugs.
But a whistle-blower has revealed to DeSmog the incident is actually on par with the 1989 Exxon Valdez oil spill in Alaska, which released roughly 11 million gallons of thick crude.
The Garden Creek spill “is in fact over 11 million gallons of condensate that leaked through a crack in a pipeline for over 3 years,” says the whistle-blower, who has expertise in environmental science but refused to be named or give other background information for fear of losing their job. They provided to DeSmog a document that details remediation efforts and verifies the spill’s monstrous size.
“Up to 5,500,000 gallons” of hydrocarbons have been removed from the site, the 2018 document states, “based upon an…estimate of approximately 11 million gallons released.”
Garden Creek is operated by the Oklahoma-based oil and gas service company, ONEOK Partners, and processes natural gas and natural gas liquids, also called natural gas condensate, brought to the facility via pipeline from Bakken wells.
Neither the National Oceanic and Atmospheric Administration (NOAA), which monitors coastal spills, nor the Environmental Protection Agency (EPA) could provide records to put the spill’s size in context, but according to available reports, if the 11-million-gallon figure is accurate, the Garden Creek spill appears to be among the largest recorded oil and gas industry spills in the history of the United States.
However, the American public is unaware, because the spill remains officially listed as just 10 gallons. That is despite the fact that a North Dakota regulator has acknowledged the spill was much larger, and even the official record, right after stating the spill was 10 gallons, notes that the area was “saturated with natural gas condensate of an unknown volume,” and thus may have been larger.
Scott Skokos, Executive Director of the Dakota Resource Council, an organization that works to protect North Dakota’s natural resources and family farms, questioned whether it was legal for the state to cover up or downplay spills.
“I have seen many instances where it appears spills are being covered up, and there appears to be a pattern of downplaying spills, which makes the narrative surrounding oil and gas development look rosy and makes the industry look better politically,” says Skokos. “If this pattern is as widespread as it seems, then we have a government that is conspiring to protect the oil industry. This is not only reckless and unethical, but also potentially illegal.”
“In my view,” Skokos added, “this is not looking out for the best interest of the state or the people who live in the state, it is only looking out for corporations. And these are not even corporate citizens of this state, they are corporate citizens of somewhere else.”
The Challenge of Oversight
Spills are pervasive in North Dakota’s oil industry and have been the focus of numerous media reports. “State regulators have often been unable — or unwilling — to compel energy companies to clean up their mess,” ProPublica reported in a 2012 investigation.
A 2015 Inside Energy article noted state reports “are riddled with inaccuracies and estimates” and cited a 2011 spill of oil and gas wastewater by a Texas-based company listed as 12,600 gallons but later determined to be at least two million gallons. An eight-year database of spills compiled by the New York Times in 2014 showed two spills of roughly one million gallons.
But no news agency has reported on any spill in North Dakota near the magnitude of Garden Creek.
Gas processing plants are sprawling industrial facilities and contain numerous pipes and towers that help clean and separate the stream of natural gas and natural gas liquids like ethane, butane, and propane carried in gathering pipelines that originate at wellheads.
The explosion of fracking across the U.S. and the booming development of America’s gas-rich shale plays have planted gas processing plants, which emit a near-continuous stream of greenhouse gases and carcinogens, from the Pittsburgh suburbs and Ohio’s Amish country to the high plains of Colorado and the badlands of North Dakota.
“There should be ongoing investigations of these facilities regularly,” says Emily Collins, Executive Director of Fair Shake, an Ohio-based nonprofit environmental law firm. But there isn’t.
“There is so much to keep track of for these regulators that spills, among other things, are lost in the mix,” says Collins. “The old formula of having inspections and investigations where you show up once a year clearly doesn’t work here, not with the pace, not with how many places are at issue all of the sudden. We are just not able to handle it all.”
Map of western North Dakota that includes well density (number of wells per 5 km radius), reported brine spills from 2007 to 2015 (red circles), and sampling sites of samples collected in July 2015 (green triangles).
Map of western North Dakota that includes well density (number of wells per 5 km radius), reported brine spills from 2007 to 2015 (red circles), and sampling sites of samples collected in July 2015 (green triangles). Credit: Lauer et al. 2016
Meanwhile, examination of the industry, its spills, and its placid regulators has made its way to the U.S. Congress. The Subcommittee on Energy and Mineral Resources of the House’s Natural Resource Committee has been holding hearings on the impacts of oil and gas development on local communities, landowners, taxpayers, and the environment.  
In May, Collins testified before the subcommittee, along with 71-year-old North Dakota farmer Daryl Peterson. He shared harrowing stories about decades of spills of toxic oil and gas industry waste on his farmland, and the utter neglect of the issue by his state’s regulators.
“In my experience, regulators have been reluctant to enforce compliance,” Peterson told Congress. “And have minimized the impacts, rather than holding the oil companies accountable.”
North Dakota Regulator Disputes Size of Spill
On April 29, 2019, oversight of spills shifted from the North Dakota Department of Health to a new agency, the Department of Environmental Quality, but the state’s Spill Investigation Program Manager has remained Bill Suess.
“I know for a fact that Bill Suess was made aware of Garden Creek’s size in October of 2018 after a 3-year investigation was completed to assess size and scope,” the whistle-blower told DeSmog. “Bill and state staff were presented an updated version of the spill size…at the state Gold Seal building in a PowerPoint presentation.”
In a phone conversation with DeSmog in mid-July, Suess explained that he had never seen a document showing the spill’s size to be any number other than 10 gallons, and he rejected the fact that the spill was 11 million gallons.
“That would be by far the largest spill on land in U.S. history. I mean you are talking 261,000 barrels,” Suess said. “That would be significant, and I will guarantee you it is not that volume. I have received no documentation and I have no scientific evidence to show it is anywhere near that volume.”
Suess readily acknowledged that the officially listed spill size was too low. “We know it is significantly bigger than 10 gallons. We have known that since Day One,” Suess continued. Yet he defended the state’s decision to continue to list the spill as just 10 gallons.
“In North Dakota we do not regulate based on volume,” Suess added. “Whether we put a 10 there, a 100 there, a 1,000 there is not going to change our response to the spill, it is not going to change what the responsible party has to do, not going to change their remediation, it is not going to change anything other than your curiosity.”
The One Million Gallon Salt Water (Brine) Spill by Crestwood, Arrow Pipeline LLC discovered July 8, 2014. Located North of Mandaree, ND.
Crestwood discovered a 1 million gallon brine spill from its Arrow pipeline on July 8, 2014. Located north of Mandaree, North Dakota, on the Fort Berthold Reservation. Mandaree is one of the six segments on Fort Berthold and where most Mandan and Hidatsa people live. Courtesy of Lisa DeVille
DeSmog presented details of the Garden Creek spill to North Dakota environmental attorney Fintan Dooley, who leads the North Dakota Salted Lands Council, an organization dedicated to remediating spills.
“You got a big fish hooked here,” he said. “This has all the signs of a civil conspiracy. If instead of 10, it was 110 or 1010 gallons, one could make the determination the original report was a mistake, but to leave uncorrected a mistake this big is not an accident, it smells of deception and deliberation and this is not the first incident of deceptive record-keeping in North Dakota — I think a good question to ask is, how many state officials are implicated in covering up this story?”
The North Dakota Century Code, which contains all state laws, covers perjury, falsification, and breach of duty in Chapter 12.1-11. Subsection 05, “Tampering with public records,” states the following:
“A person is guilty of an offense if he: a. Knowingly makes a false entry in or false alteration of a government record; or b. Knowingly, without lawful authority, destroys, conceals, removes, or otherwise impairs the verity or availability of a government record.”
The offense, “if committed by a public servant who has custody of the government record,” is a felony. The crime carries a possible five-year prison sentence.
DeSmog confronted Suess with this portion of the code, and asked him if he believed he, or someone, was guilty of falsifying government records. “No, I am not guilty, but if I changed that number I would be,” he said. “If I were to go in there and just change that [10 gallons] to a larger number that I don’t have any scientific evidence or documentation for, then I would be falsifying it.”
The environmental attorney Fintan Dooley does not buy that officials behaved appropriately. “There has been a lot of talk around the state capitol lately about official breach of public trust, and I am just wondering how far this practice of falsification of records will be allowed to go?” he said. “The whole thing can be prosecuted, and if this presents an opportunity to prosecute, I think that is just wonderful.” Any decisions regarding prosecution, he stresses, are up to a state attorney.
When asked exactly who would be charged with a crime, Dooley said, “If anyone is going to file a criminal charge, they must file it against an individual. If there was a whole series of people involved, the best practice would be to identify all of them.”
Spill Cleanup Amid Dakota Access Protests
Garden Creek I became operational in January 2012. The project was applauded by state and industry officials for its ability to reduce the release of the prominent greenhouse gas methane in the oilfield by containing and processing that and other natural gas byproducts. Flaring, or burning, natural gas is common in the region’s oilfields.
“The completion of this facility is a positive step toward reducing flaring activities in North Dakota,” ONEOK president Terry Spencer told a Watford City newspaper in 2012. In 2015, at the time the spill was noticed, ONEOK was in the process of constructing a network of additional gas processing plants across the Bakken. In one industry press release, the company bragged of “better-than-expected plant performance at existing and planned processing plants.”
“There was motive to cover up the actual size of the spill to allow their infrastructure to be completed,” says the whistle-blower. Furthermore, by the summer of 2016, as the cleanup at Garden Creek I was moving along, protests against the construction of the Dakota Access pipeline (DAPL) at the Standing Rock Sioux Indian Reservation were in full swing. One major concern voiced by the tribe was that a spill could destroy farmland and contaminate drinking water for thousands of people.
“Public outcry against gas collection could have threatened ONEOK’s expansion plans and might have stood in the way of the state’s flaring reduction goals,” says the whistle-blower. “It’s also possible that it could have further galvanized public opinion against the DAPL project. In short, it’s possible that the North Dakota Department of Health faced heavy pressure from both state and industry to keep this on the down low.”
David Glatt, Director of North Dakota’s Department of Environmental Quality, said, “The state makes public all spill reports it receives, so there is no under reporting by the state.” ONEOK has not responded to DeSmog’s questions on this incident. DeSmog has filed an open records request with the State of North Dakota for additional information and details related to the Garden Creek I spill.
In July, Suess told DeSmog, “Remediation is still ongoing. It is going to be a slow process, it will be a few years, I think.” Suess said he was planning to revisit the spill site but did not expect anything he found there would lead him to alter the officially recorded spill size. “I have a schedule to go out there later this month, but I still probably wouldn’t change that 10-gallon number because I still won’t have an accurate number,” he said.
North Dakotans Grapple With Impacts of Spills
In May, just as North Dakota’s planting season was beginning, I met with several North Dakota residents whose farms or communities had been marred by oil and gas industry spills, including the land of farmer Daryl Peterson, whose 2,500 acres of grains, soybeans, and corn have been contaminated by more than a dozen spills of brine.
This oil and gas waste product is loaded with salt and also contains toxic heavy metals and radioactivity. Peterson pointed to dead zones on his land that are unfit for crops though still fit for government taxes. The spills have also tainted his groundwater.
Oil and gas industry brine spill impacts on Daryl Peterson's North Dakota farm.
Daryl Peterson's North Dakota farm has suffered from more than a dozen oil and gas industry brine spills. Courtesy of Daryl Peterson
“State regulators declare most spills are cleaned up to EPA standards and land productivity is restored but very often this has not been the case,” said Peterson, who, together with his wife Christine, has farmed this land in Bottineau County, near the Canadian border, for more than 40 years.
“The oil industry controls politics in North Dakota and long-term consequences to our precious land, air, and water resources are being ignored with this gold rush mentality. With the prospect of 40,000 more wells in North Dakota, the future of our bountiful agriculture state is in great jeopardy,” said Peterson.
Suess defended his agency’s methods. “What I believe the North Dakota public wants to know is not how big is it, but is this spill a risk to me,” he said. “Personally, I have actually been told by others that we are one of the most transparent agencies out there. My boss is the North Dakota taxpayer, and my door is always open, any citizen can walk in at any time and talk to me.”
However, other North Dakota residents dealing with spills strongly disagree. In May DeSmog also toured spills on the Fort Berthold Indian Reservation, in the heart of the Bakken oil boom in western North Dakota, with Lisa DeVille and her husband Walter DeVille Sr. The couple lives in the community of Mandaree and helps lead an environmental advocacy group called Fort Berthold Protectors of Water & Earth Rights, or POWER.
“You can see the earth slowly dying,” said Lisa, who has two master’s degrees in business and returned to school to get a bachelor’s* degree in environmental science so she could better monitor all the spills and contamination on her land and advocate for her community.
“Every day we have a spill,” she said. “Whether it is frac sand spilled, trucks that stall out and drop their oil on roads, trucks wrecking on the road and spilling oil and gas waste product, or our invisible spill, the methane released into the air from flaring and venting.”

Aerial view of a 1 million gallon brine spill from Crestwood's Arrow pipeline on July 8, 2014. Located north of Mandaree, North Dakota, on the Fort Berthold Reservation. Mandaree is one of the six segments on Fort Berthold and where most Mandan and Hidatsa peoples live. Photo credit: Sarah Christianson
“The North Dakota Spill Investigation Program Manager can say that his door is open, but North Dakota is protecting industry, not people, and it is upsetting to me,” Lisa added.
“My people — the Mandan, Hidatsa, and Arikara Nation — have been here for centuries, there have been many broken promises, and they have been lied to and are still being lied to about all this oil and gas contamination. No one knows the amount of spills on Fort Berthold because industry will lie to our tribal leaders. Also, there is no data for the public to see. There are no studies, research, or analysis to create laws or codes for environmental justice.”
In July 2014, one million gallons of oil and gas waste spilled from a pipeline and into a ravine that drains into the tribe’s main reservoir for drinking water. In a 2016 paper, Duke University researchers, including geochemist Avner Vengosh, revealed the spill, as well as several others in the Bakken, had laced the land with heavy metals and radioactivity.
When asked in May 2019 if he was aware of this research, Glatt, director of the North Dakota Department of Environmental Quality, said he questioned Vengosh’s “initial premise” and believed the researchers were “looking for the worst case scenario.”
“I haven’t seen his report; I just didn’t even know it was out there,” said Glatt. “I knew he was in the state. This is the first time I hear that he wrote a report.”
‘Lack of Accountability’
As lawsuits against the oil and gas industry for climate impacts continue and a growing web of grassroots groups spotlight the industry’s wide arc of pollution, the uncovering of the oil and gas industry’s vast closet of toxic skeletons seems inevitable.
“Ultimately I am fed up with the rushed drilling programs and the lack of accountability when it comes to environmental impacts,” says the whistle-blower. “I am also disgusted with how state officials and city council members view these threats and deem it acceptable to potentially harm human health.”
Why, the whistle-blower added, “are we shielding the truth from public scrutiny?”