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| − | The Interstate Oil and Gas Compact Commission, or (IOGCC), is a quasi-governmental organization based in Oklahoma City located on property adjacent to the Governor's Mansion and on Oklahoma state property.<ref>[http://www.desmogblog.com/2015/10/08/iogcc-cops-climate-change "Congress-backed Interstate Oil Commission Call Cops When Reporter Arrives To Ask About Climate"], Steve Horn, DeSmogBlog.com, October 9, 2015, accessed April 2016.</ref> The IOGCC is focused on oil and gas regulations, these days mostly centering around the issue of [[hydraulic fracturing]], and is made up of appointees selected by the governors of the 38 oil and gas producing states, plus eight Canadian provinces and three countries as international affiliates.<ref>[http://iogcc.publishpath.com/member-states "Member States"], Interstate Oil and Gas Compact Commission, accessed February 2016</ref> Governors generally appoint high-level regulators to participate.
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| − | In 1991 at the dawn of the [[fracking]] boom, the commission changed its name from the Interstate Oil Compact Commission (IOCC) to the Interstate Oil and Gas Compact Commission (IOGCC). It was founded as the Interstate Compact to Conserve Oil and Gas.<ref>[http://iogcc.ok.gov/history-and-accomplishments "80 Years of History and Accomplishments"] Interstate Oil and Gas Compact Commission, accessed Februrary 2016.</ref>
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| − | As commonly advertised, IOGCC’s membership base generally consists of top-ranking officials at state-level regulatory agencies. In reality, IOGCC’s membership roster<ref>[https://www.documentcloud.org/documents/2798326-IOGCC-2015-Member-Directory.html "IOGCC 2015 Member Directory"]</ref> is dominated in the majority by lobbyists and executives, and these members are appointed by the Governors of member states. Some of those appointees are even lobbyists and/or industry attorneys.<ref>[http://www.propublica.org/article/some-appointees-to-oil-and-gas-commission-are-industry-execs-lobbyists "Some appointees to Oil and Gas Commission are Industry Execs"], Marie Baca, Propublica.org, December 9, 2010, accessed April 2016.</ref>
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| − | Today, IOGCC is best known for running the voluntary FracFocus database for disclosure of chemicals injected into the ground during fracking, doing so alongside the fellow Oklahoma City-based Groundwater Protection Council (GWPC). FracFocus – which IOGCC admitted in a presentation can serve as important public relations tool for the oil and gas industry – has come under fire by media<ref>[http://www.bloomberg.com/news/articles/2012-11-30/frack-secrets-by-thousands-keep-u-s-clueless-on-wells “Fracking Secrets by Thousands Keep U.S. Clueless on Wells”], Ben Elgin, Benjamin Haas and Phil Kuntz; Bloomberg, November 12, 2012</ref> and academia<ref>[http://news.harvard.edu/gazette/story/2015/12/disclosures-on-fracking-lacking-study-finds/ “Disclosures on fracking lacking, study finds”], Liz Mineo, Harvard Gazette, December 15, 2015</ref> for its actual lack of transparency. FracFocus is linked to industry public relations firm Brothers and Company<ref>[http://www.nd.gov/ndic/ogrp/meet1008/resp-022-a.pdf “Hydraulic Fracturing e‐reference”], North Dakota Industrial Commission, accessed April 2016</ref> which registered the website<ref>[http://www.networksolutions.com/whois/results.jsp?domain=fracfocus.org “Networked Solutions WhoIs Search for FracFocus.org”], NetworkedSolutions.com, accessed April 2016</ref> and lists IOGCC as one of its clients alongside [[Chesapeake Energy]], America’s Natural Gas Alliance and [[Devon Energy]].<ref>[http://www.nd.gov/ndic/ogrp/meet1008/resp-022-a.pdf “Hydraulic Fracturing e‐reference”], North Dakota Industrial Commission, accessed April 2016</ref>
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| − | ==Prominent Members==
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| − | '''Ron Ness''' - Head of North Dakota Petroleum Council, Public Outreach Committee
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| − | '''[[Harold Hamm]]''' – Continental Resources CEO and Founder, Legal and Regulatory Affairs Committee
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| − | '''Ryan Bernstein''' – Legal Counsel and Chief-of-Staff for U.S. Sen. and former IOGCC chairman [[John Hoeven]] (R-ND); Legal and Regulatory Affairs Committee
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| − | '''Tom Price''' – Former senior vice president of corporate development and government relations of [[Chesapeake Energy]], Public Outreach Committee
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| − | '''Nancy Johnson''' – U.S. Department of Energy, Director of Environmental Science and Policy Analysis
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| − | '''Roger Kelley''' – [[Continental Resources]], Legal and Regulatory Affairs Committee
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| − | '''Evan Olson''' – Legal counsel for [[ExxonMobil]], Legal and Regulatory Affairs Committee
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| − | '''Lindsey Dingmore''' – [[XTO Energy]], Legal and Regulatory Affairs Committee
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| − | '''Scott Anderson''' – [[Environmental Defense Fund]], Legal and Regulatory Affairs Committee
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| − | '''Ronald C.Schultz,Jr.''' – [[ConocoPhillips]], Legal and Regulatory Affairs Committee
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| − | '''Santana Gonzalez, Jr.''' - Now-retired lobbyist for [[Chevron]] in Texas, Environmental and Safety Committee
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| − | '''Marc Bond''' – Former legal counsel for [[Chevron]], now legal counsel with Hillcorp<ref>[https://www.documentcloud.org/documents/2798326-IOGCC-2015-Member-Directory.html "IOGCC 2015 Member Directory"]</ref>
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| − | ==Recent IOGCC Chairs==
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| − | '''2016''' - Oklahoma Gov. Mary Fallin
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| − | '''2015''' - Utah Gov. Gary Herbert
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| − | '''2014''' - Mississippi Gov. Phil Bryant
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| − | '''2013''' - Alabama Gov. Robert Bentley
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| − | '''2012''' - Alaska Gov. Sean Parnell
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| − | '''2011''' - Oklahoma Gov. Mary Fallin
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| − | '''2010''' - Texas Gov. Rick Perry
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| − | '''2009''' - Oklahoma Gov. Brad Henry
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| − | '''2008''' - Alaska Gov. Sarah Palin
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| − | '''2007''' - North Dakota Gov. John Hoeven
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| − | '''2006''' - Wyoming Gov. Dave Freudenthal
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| − | '''2005''' - Alaska Gov. Frank Murkowski
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| − | '''2004''' - New Mexico Gov. Bill Richardson
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| − | '''2003''' - North Dakota Gov. John Hoeven
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| − | '''2002''' - Arkansas Gov. Mike Huckabee
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| − | '''2001''' - Alaska Gov. Tony Knowles
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| − | '''2000''' - Alaska Gov. Tony Knowles
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| − | '''1999''' - Kansas Gov. Bill Graves
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| − | '''1998''' - Wyoming Gov. Jim Geringer
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| − | '''1997''' - Oklahoma Gov. Frank Keating<ref>[http://iogcc.publishpath.com/officers IOGCC Officers], accessed April 2016</ref>
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| − | =Overview=
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| − | ==History==
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| − | The Interstate Oil and Gas Compact Commission was created by an act of Congress in 1935 as a constitutionally-ordained compact via Article 1, Section 10 of the U.S. Constitution.<ref>[https://www.congress.gov/bill/97th-congress/senate-joint-resolution/111/all-info?resultIndex=1 "S.J.Res.111 - A joint resolution consenting to an extension and renewal of the interstate compact to conserve oil and gas" ], Congress.gov, accessed April 2016.</ref> U.S. Congressman and Oklahoma Governor, E.W. Marland is considered IOGCC's founder.<ref>[http://iogcc.publishpath.com/history "Interstate Oil and Gas Compact Commission History"], Interstate Oil and Gas Compact, accessed April 2016</ref> Marland, who owned several oil companies in his lifetime, also founded the US Oil and Gas Association, then called the Mid-Continent Association. The US Oil and Gas Association is a lobbying group that spent $204,000 lobbying the federal government on behalf of the oil and gas industry in 2015.<ref>[http://www.opensecrets.org/lobby/clientsum.php?id=D000058082&year=2015 "US Oil & Gas Association"], OpenSecrets.org. accessed April 2016</ref>
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| − | Though IOGCC is a compact, it often claims to be a government agency and is listed as such both on its own website, serves on several federal bodies as a government agency and is listed as an agency on the website of the Oklahoma government.
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| − | Despite this, IOGCC claims an exemption from both state- and federal-level open records law requests.<ref>[http://www.desmogblog.com/2015/10/08/iogcc-cops-climate-change "Congress-backed Interstate Oil Commission Call Cops When Reporter Arrives To Ask About Climate"], Steve Horn, DeSmogBlog.com, October 9, 2015, accessed April 2016.</ref> Though the 1997<ref>[https://www.documentcloud.org/documents/1354698-iogcc-charter-and-bylaws.html#document/p10/a187274 "IOGCC 1997 By-Laws"]</ref> and 2005<ref>[https://www.documentcloud.org/documents/2798308-IOGCC-by-Laws-2005.html#document/p5/a288247 "2005 IOGCC By-Laws"]</ref> versions of IOGCC’s bylaws had a provision saying that the public is entitled to records of IOGCC proceedings, the current leadership of IOGCC does not respond to such requests.<ref>[http://www.desmogblog.com/2015/10/08/iogcc-cops-climate-change "Congress-backed Interstate Oil Commission Call Cops When Reporter Arrives To Ask About Climate"], Steve Horn, DeSmogBlog.com, October 9, 2015, accessed April 2016.</ref> Additionally, the current set of by-laws show that the IOGCC no longer lists an open records provision at all<ref>[https://www.documentcloud.org/documents/2798313-Screen-Shot-2016-04-09-at-11-51-22-PM.html#document/p1/a288248 "IOGCC 2015 By-Laws"]</ref>, meaning that according to its by-laws, two-thirds of IOGCC's membership would've had to have voted to strike that provision. IOGCC has claimed this exemption and altered its by-laws despite being located on property owned by the State of Oklahoma and transferred via a land deed by the State, situated on a parcel of land carved out for IOGCC next to the Governor’s Mansion.<ref>[http://www.desmogblog.com/2015/10/08/iogcc-cops-climate-change "Congress-backed Interstate Oil Commission Call Cops When Reporter Arrives To Ask About Climate"], Steve Horn, DeSmogBlog.com, October 9, 2015, accessed April 2016.</ref>
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| − | ==Funding==
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| − | The IOGCC is funded, in part, through an excise tax<ref>[http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.68/68-1103.html The Interstate Oil Compact Fund of Oklahoma], accessed April 2016</ref> on petroleum and by contributions from various member states. Therefore, IOGCC funding increases with increased oil and gas production. Because the IOGCC does not report any information on its funding or budget, no one besides IOGCC itself knows how much of the Commission’s activities are funded directly by the oil and gas industry. A copy of the 2013 budget obtained through open records law from an IOGCC member state, though, reveals that a significant portion of the IOGCC’s budget comes from corporate donations to its biannual meetings.<ref>[https://www.documentcloud.org/documents/1659628-iogcc-finance-committee-report-2013.html IOGCC 2013 Finance Committee Report]</ref>
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| − | IOGCC conferences and meetings are funded through sponsorships by the oil and gas industry. The 2015 annual conference that took place in Oklahoma City, Oklahoma was sponsored by some of the largest [[fracking]] companies, including [[Marathon Oil]], the Canadian government, [[Schlumberger]], Sandridge Energy, [[ConocoPhillips]], [[Chevron]], [[BP]] and [[XTO Energy]].<ref>[https://www.documentcloud.org/documents/2798386-IOGCC-2014-Annual-Meeting-Sponsors.html "2015 Annual Conference: Oklahoma City, OK"], DeSmogBlog.com, accessed April 2016.</ref> Further, the prominent funders of its Columbus, Ohio 2014 annual meeting included the likes of [[Marathon Oil]], [[ExxonMobil]] subsidiary [[XTO Energy]], [[Devon Energy]], [[Enbridge]], [[ConocoPhillips]], [[BP]].<ref>[http://www.desmogblog.com/sites/beta.desmogblog.com/files/IOGCC%20OKC%20Corporate%20Sponsors.pdf IOGCC 2014 Annual Meeting Sponsors]</ref>
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| − | =IOGCC's Impacts=
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| − | ==[[Halliburton]] Loophole or IOGCC Loophole?==
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| − | ===Fracking and Groundwater Contamination===
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| − | The IOGCC has been influential in downplaying safety concerns regarding hydraulic fracturing and groundwater contamination. The IOGCC released a survey of [[fracking]] wells in 2002 that found that there has been nearly 1 million wells had used [[fracking]] "with no documented harm to groundwater." This study has been cited repeatedly since then, and has anchored the claim made by the [[American Petroleum Institute]], [[ExxonMobil]], and others that [[fracking]] cannot affect drinking water sources. It has since been discovered that the IOGCC missed or looked the other way at real-life incidents of groundwater contamination due to the fracking process.<ref>[http://www.nytimes.com/2011/08/04/us/04natgas.html?pagewanted=all&_r=0], "A Tainted Well and Concern There May Be More." Ian Urbina. The New York Times. August 3, 2011</ref>
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| − | IOGCC's official position on-the-record is that "no further studies [of fracking] are necessary."<ref>[http://iogcc.publishpath.com/2010-resolutions], Interstate Oil and Gas Compact Commission 2010 Resolutions. Accessed February 2016</ref>
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| − | ===Loophole Lobbying===
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| − | ===FracFocus===
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| − | The IOGCC operates the [[FracFocus]] website alongside the [[Groundwater Protection Council]]. The website, funded by government grants and the oil and gas industry, is a self-disclosure site that companies use to report the types of chemicals and operations they employ during their fracking operations. It is seen by the industry as an alternative disclosure mechanism to what existed prior to that under the [[Halliburton Loophole]].
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| − | FracFocus, however, has come under scrutiny for not effectively disclosing fracking operations. In a Harvard Law School study titled "Legal Fractures in Chemical Disclosure Laws," the authors found government and the public shouldn’t rely on FracFocus as a reporting tool. The Harvard study found FracFocus inadequate for three main reasons:
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| − | It is hard to determine when and if companies make disclosures.
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| − | The data contained within FracFocus isn’t vetted—it consists of whatever the company reports.
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| − | Secrecy claims made by companies aren’t vetted—FracFocus allows for unchallenged and extremely broad disclosure exemptions made at the company’s discretion.<ref>[http://www.eenews.net/assets/2013/04/23/document_ew_01.pdf], "Legal Fractures in Chemical
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| − | Disclosure Laws: Why the Voluntary Chemical Disclosure Registry FracFocus Fails as a Regulatory Compliance Tool." Kate Knschnik, Margaret Holden, Alexa Shasteen. Harvard Law School. Accessed February 2016.</ref>
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| − | ==Oil and Gas Wastes Exemption==
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| − | ===STRONGER===
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| − | ==Frackquakes==
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| − | ==Climate Denial==
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| − | =Influence Peddling=
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| − | ==Lobbying Organ or Compact?==
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| − | IOGCC members frequently testify<ref>[http://iogcc.ok.gov/iogcc-testimony-domestic-production], "IOGCC Testimony: Domestic Production Essential to Energy Solution," accessed February 2016.</ref> in Congress about oil and gas regulatory issues. One of the commission's main goals is to stop federal regulation of the oil and gas industry, primarily by advocating a "states first" approach to rule-making. Through the IOGCC's [[States First Initiative]], the Commission and the [[Groundwater Protection Council]] (GWPC), a closely related government funded non-profit, advocate against federal regulation of the oil and gas industry. To this end, IOGCC representatives often address federal lawmakers about the adequacy of current state regulations, and what they claim is needlessness of further federal regulation or study.<ref>[http://www.shalereporter.com/government/article_829e6bae-a829-11e2-85eb-001a4bcf6878.html], "Ohio tells feds: Stay off fracking." Rachel Morgan. Shale Reporter. April 18, 2013. Accessed February 2016.</ref>
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| − | IOGCC also writes model resolutions<ref>[http://iogcc.ok.gov/resolutions], Interstate Oil and Gas Compact Commission, "Model Resolutions," accessed February 2016</ref> and distributes them to member states, Congress, and executive agencies. Each model resolution, as an IOGCC general practice, has an accompanying "Action Plan"<ref>[https://fs.ogm.utah.gov/bbooks/2010/12_Dec/Briefing/Briefing5_IOGCCMemo.ResolutionsApprovedAt2010AnnualMeeting.pdf], 2010 Interstate Oil and Gas Compact Commission Model Resolutions, Utah Division of Oil, Gas and Mining OGM File Services, accessed February 2016.</ref> for what to do with the model in the public policy sphere. The model resolutions center around issue areas such as preventing and preempting federal regulations, anti-federal public lands advocacy, oil and gas wastes and waste injection, among other topics.<ref>[http://iogcc.ok.gov/resolutions], Interstate Oil and Gas Compact Commission, "Model Resolutions," accessed February 2016</ref>
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| − | ==The One Time IOGCC Registered==
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| − | ==Public Relations, Model Resolutions==
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| − | According to its website, IOGCC “advocates for environmentally-sound ways to increase the supply of American energy.”<ref>[http://iogcc.publishpath.com/about-us "About Us], Interstate Oil and Gas Compact Commission, accessed April 2016</ref> The IOGCC website also offers a “Tips for effective activism” section,<ref>[http://iogcc.publishpath.com/Websites/iogcc/docs/ActionFigures.pdf "Tips for Effective Activism"], Interstate Oil and Gas Compact Commission, accessed April 2016</ref> in which it instructs state regulators to be the “voice” of the IOGCC in public hearings and community meetings. “We’re your voice to Congress. Be ours in your state,” the sub-headline of that document reads.<ref>[http://iogcc.publishpath.com/Websites/iogcc/docs/ActionFigures.pdf "Tips for Effective Activism"], Interstate Oil and Gas Compact Commission, accessed April 2016</ref>
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| − | IOGCC’s “voice” is shaped by oil and gas public relations firms like Brothers and Company, which give seminars to IOGCC’s member state regulators on messaging and how to deal with media.<ref>[https://www.documentcloud.org/documents/1308790-foia-doe-iogcc-comms.html#document/p29/a180389 Document obtained from the U.S. Department of Energy]</ref> At the same time, PR firms like Brothers run advertising campaigns on behalf of the oil and gas industry.<ref>[http://www.nd.gov/ndic/ogrp/meet1008/resp-022-a.pdf “Hydraulic Fracturing e‐reference”], North Dakota Industrial Commission, accessed April 2016</ref>
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| − | That “voice” is also honed by IOGCC’s deputy director, Gerry Baker. Baker began his career as managing editor and state capitol bureau chief for the Oklahoma Business News Company, leaving in 1979 to do public relations work for the next 12 years for oil company Kerr-McGee Corporation. Anadarko Petroleum purchased Kerr-McGee as a wholly-owned subsidiary in 2006.<ref>[https://www.documentcloud.org/documents/2798197-Gerry-Baker-Aspen-Bio-Corporate-Consulting-Inc.html Gerry Baker Biography]</ref>
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| − | Thereafter, Baker “launched an independent consultancy – Corporate Consulting, Inc. – specializing in strategic communication planning and implementation for high profile clients,” reads his biography up on the Aspen Institute website. “In addition, he specialized in crisis communication management [and] Baker continues to provide these services for select clients.”<ref>[https://www.documentcloud.org/documents/2798197-Gerry-Baker-Aspen-Bio-Corporate-Consulting-Inc.html Gerry Baker Biography]</ref>
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| − | At the 1998 IOGCC annual meeting, Baker – while with Corporate Consulting, Inc. – gave a media training seminar.<ref>[https://www.documentcloud.org/documents/2798415-Gerry-Baker-1998-IOGCC-Media-Training-Seminar.html IOGCC 1998 Annual Meeting], Interstate Oil and Gas Compact Commission</ref> Corporate Consulting, Inc. was incorporated in Oklahoma in 1991<ref>[https://www.documentcloud.org/documents/2798206-Gerry-Baker-Incorporation-Form.html Oklahoma Department of State Incorporation Form: Corporate Consulting, Inc.]</ref> and got its most recent Certificate of Good Standing in July 2015.<ref>[https://www.documentcloud.org/documents/2798208-Gerry-Baker-Cert-of-Good-Standing.html Oklahoma Department of State Certificate of Good Standing: Corporate Consulting, Inc.]</ref> Baker began working for IOGCC in 2002 while the organization was pushing hard for the [[Halliburton]] Loophole's insertion into first the Energy Policy Act of 2003, then the Energy Policy Act of 2005. In 2011, Baker gave a talk at IOGCC’s annual meeting in on how to deal with the public's fear of [[fracking]].
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| − | “When people do not get all of the information, or information is too technical, they begin to fill in the holes with what they can imagine,” he said in one of the early presentation slides. “The perceived risk, even if it isn’t a reality, makes hydraulic fracturing an emotional issue.”<ref>[https://www.documentcloud.org/documents/2798411-Gerry-Baker-on-Fracking-and-PR.html#document/p3/a288273 "Reaching Out to a Broad Audience"], Interstate Oil and Gas Compact Commission and FracFocus, October 17, 2011, accessed April 2016</ref>
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| − | The IOGCC, furthermore, has a tight-knit relationship with the industry-funded front group, public relations tool and lobbying group, [[Consumer Energy Alliance]] (CEA). CEA is an important part of the IOGCC’s 2013-launched [[States First Initiative]], where they are listed as the only “ally.”<ref>[http://www.statesfirstinitiative.org/#!allies/czie States First Initiative "Allies"], accessed April 2016</ref> An August 2014 version of the website has an "allies" section but no colleagues listed.<ref>[http://web.archive.org/web/20140829010000/http://www.statesfirstinitiative.org/#!allies/czie States First Initiative "Allies"], Way Back Machine, accessed April 2016</ref> CEA also wrote a “letter of support” for States First in March 2014.<ref>[https://www.documentcloud.org/documents/2798420-States-First-Governors-Letter.html States First Initiative Governors' Letter]</ref>
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| − | ===References===
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| − | <references/>
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