Appalachian Basin

Sustainable Markets Foundation Money Processing Being Noticed

The Associated Press (AP) has noted Yoko Ono’s “Artists Against Fracking” is collecting money to influence public policy in New York but hasn’t bother registering as a lobby group.  The article is worth reading and exposes the hypocrisy of the privileged 1% who attack the natural gas industry for lobbying efforts. Here we provide some additional facts the article missed.

There are hints in the Associated Press story that point to the bigger picture, when the Sustainable Markets Foundation is mentioned as the fund-raising arm of “Artists Against Fracking.”  Nonetheless, as we have noted on these pages before, the Sustainable Markets Foundation is at the heart of these schemes, serving as the money processing mechanism for delivering the Park Foundation and Rockefeller messaging on natural gas, using unaccountable informal groups.

Here are some of the highlights from the AP story (emphasis added):

Dozens of celebrities may be running afoul of the law as they unite under the banner of one group that is seeking to prevent a method of gas drilling in New York state.

Artists Against Fracking opposes hydraulic fracturing, or fracking, and boasts members including Yoko Ono and actors Mark Ruffalo and Susan Sarandon.

But the group and nearly 200 entertainers who are gaining attention and support in the dispute, which is splitting New Yorkers, aren’t registered lobbyists, according to a search by The Associated Press of the database of the state Joint Commission on Public Ethics. State law is designed to disclose who is trying to influence government action, how much money they are spending and where the money’s going.

“You spend money lobbying, you have to register,” said David Grandeau, former executive director of the state lobbying commission and now an attorney representing lobbyists and clients.

There’s no public record of how much money Artists Against Fracking has spent, but its website contains links for visitors to make donations, which are directed to the Sustainable Markets Foundation. Although the foundation is an established charitable organization and its donations are recorded publicly, it isn’t registered with New York as a lobbying client, either.

Under New York law, however, it appears Artists Against Fracking is required to be a registered lobbyist because the law hinges on spending over $5,000. The group hasn’t filed lobbying reports, so the amount it has spent and what it was spent on isn’t known publicly. Experts in Albany say the website and public events appear to have cost well over $5,000.

Under state law, a lobbyist is defined as any person or organization “employed, retained” in “any attempt to influence the passage or defeat of any legislation … or approval or disapproval of any legislation by the governor.”  That can include nonprofit groups and their unpaid advocates.

In the fracking case, the Assembly and the Senate Independent Democratic Conference have introduced laws that would delay a pending decision on drilling by Cuomo.

So, what we have is yet another instance of the Sustainable Markets Foundation effectively filtering money for purposes of messaging by very well-funded natural gas opponents. Our readers will recall The Flowback, which was an outrageous example of anti-natural gas venom financed with help from the Sustainable Markets Foundation.

In evaluating the funding of The Flowback we learned quite a bit about the Sustainable Markets Foundation, including how the Rockellers and Park Foundation are using it to filter money to fund anti natural gas activities. This includes not only The Flowback, but also Toxic Targeting, Frack Action, Gas Free Seneca, Water Defense, and the Coalition to Protect New York, to name a few. The excerpt below explains this in further detail.

Bill McKibben,

Bill McKibben,

The Sustainable Markets Foundation, as the reader may have guessed from the above, is funded by the Rockefeller family and is closely allied with 350.0rg, Bill McKibben’s organization, which is also financed by the famous family.  Both organizations are also closely connected to Attorney Jay Halfon, who represents New York’s trial lawyers and Ralph Nader’s lawsuit rainmaker PIRG groups.  Specifically, the Rockefeller Brothers Fund gave the Sustainable Markets Foundation $603,000 between 2008 and 2010.

Their 2010 tax return explains something else, on page 8 of the return (page 12 of the pdf) – namely that Walter Hang’s Toxic Targeting enterprise was paid $281,000 that year for services.  Given that Toxic Targeting is a provider of Phase I Environmental Database Services provider and the Foundation is an unlikely user of such services in this bulk (a typical Phase 1 audit might cost $5,000 or less), it’s fair to assume this was compensation for Walter’s anti-natural gas activities.  Surely, he felt right at home doing it, having been an employee of Nader’s PIRG groups in the past.

Even more interesting is another group funding the Sustainable Markets Foundation, namely the Park Foundation.  The latter has provided the former with $150,000 to date in 2012 to  support “Frack Action,” finance the “Physicians, Scientists and Engineers for Healthy Energy,” which “assembles and disseminates peer-reviewed research and information on hydrofracking,” and “help coordinate the broad movement of opposition to shale gas drilling in New York.”

Altogether, the Park Foundation has funneled $562,000 through the Sustainable Markets Foundation since 2009, meaning the Park and Rockefeller families (which also fund NRDC, of course) have given this entity a minimum of almost $1.2 million over the last four years to help fund natural gas opposition.  This includes not only projects such as The Flowback, but also Gas Free Seneca, the less than cordial opponent of Inergy’s propane storage facility in Watkins Glen and Water Defense’s “Water for Dimock” campaign.   Then, there’s Frack Action, of course, and the Coalition to Protect New York plus a host of other similar groups pretending to be grass roots organizations.

One might also recall the bullying tactics New York Attorney General Eric Schneiderman employed against local officials that passed pro-natural gas resolutions in their municipalities, fulfilling his anti-natural gas campaign platform. Where does the Sustainable Markets Foundation come into this discussion? Schneiderman also had connections to this organization through his campaign contributions and ties to the National Resource Defense Council (NRDC), as is explained below:

The New York Post noticed, back in June of last year, that Schneiderman was already intent on favoring his friends among environmental activist organizations such as NRDC.  Listed among significant donors to his 2010 campaign, for example, is Jay Halflon, the rainmaking lawyer associated with the Sustainable Markets Foundation, which, like NRDC and 350.0rg, is aligned with the Rockefeller family and actively involved in opposing natural gas development.  Other major donors included: NRDC Chair Daniel R. Tishman; NRDC Vice-Chair, Patricia Bauman; the Frack Action PAC; and Open Space Institute (OSI) Treasurer Paul J. Elston (OSI is, effectively, a NRDC spinoff).

Moreover, the AG actually recommends homeowners go to the NRDC website for “information on offsetting your carbon footprint” – an unusual deference to a special interest organization in a very unusual document one would expect to come from the Department of Environmental Conservation, not the AG’s office.  Schneiderman also did the NRDC’s bidding in suing the DRBC, on the former’s inartful theory the natural gas regulations the latter is developing somehow demand compliance with the environmental review requirements of the National Environmental Protection Act.

So you have the Sustainable Markets Foundation, acting as a fiscal sponsor and filtering money from New York’s wealthy elites – the Rockefellers and Park Foundation- to so-called grassroots organizations to influence public decision making. And, they’re doing it all without registering as having an interest, despite actively lobbying in the state.

What’s more is the money they are filtering often comes in at small enough amounts that it doesn’t have to be accounted for, and for some reason, there is no record of any fees assessed for acting as a fiscal sponsor, as we’ve written about in greater detail in a prior post. Below are some excerpts from that post:

ForRentSMFThe Sustainable Markets Foundation, as one can see from this list, is a 501(c)3 charity for rent, otherwise known as a “fiscal sponsor.”  Entities such as this typically charges a fee of 3-8% for acting as a pass-through funding mechanism to allow other unincorporated groups to get the benefits of tax-exemption for donations without the costs of being tax-exempt themselves (incorporating, registering with the IRS, filing annual 990 returns, etc.) or the burden of telling the world how their money is spent, as is the case with a 501(c)3 itself.

Theoretically, the fiscal sponsor assumes all the responsibilities of reporting activities for the groups it serves as a pass-through for but there are several loopholes.  Grants of $5,000 or less don’t have to be reported, for example, and, therefore, an unincorporated group that passes along money third-hand doesn’t have to tell anyone what it did with the money or even much about itself.  The tax-exempt money flows in and out with little way to know who’s involved, their agendas or their special interests.  A large donor can, using this technique, funnel money to very amorphous groups with virtually no accountability.  The Tides Foundation, for example, which is closely connected with NRDC and the Heinz Endowments, is a master at doing this.

We can’t be sure how much of this the Sustainable Markets Foundation is doing because their 990 return for 2010 indicates no program service revenue, which is where one would expect to find their fiscal sponsor charge revenue.  We do know they are collecting and funneling money to a wide variety of supposedly grass roots organizations attacking economic development and the livelihoods of ordinary New Yorkers from across the upstate region.  The list tells us that much.

Taken together, you have to wonder how a state that plans to hold the natural gas industry to an even higher standard of fiscal and operational accountability than it is already held in other states could possibly turn a blind eye to such a clear breach of the state’s laws.

The Sustainable Markets Foundation is helping to fund everyone among the natural gas opposition, from Gas Free Seneca to Yoko Ono, providing the fig leaf to cover the role of the Park Foundation and the Rockefeller family in what might otherwise appear to be small grass-roots efforts that demand no accountability.  It’s time that fig-leaf is removed and upstate New Yorkers understand the forces that are conspiring against them to reduce their economic opportunities and quality of life.

  • Bill desRosiers
    Posted at 17:54h, 18 March Reply

    I wonder how many tax breaks these “celebrities” take every year? I wonder if they are writing off their anti-fracking donations?

    Truly pathetic to think the 1% is abusing the tax codes but criticism the oil & gas industry – who create jobs left and right – for not paying enough money back.

    Complete and total hypocrisy!

  • FrankS Blank
    Posted at 19:20h, 18 March Reply

    It looks like we will have to inform the proper officials about the various land coalition groups needing to sign up as lobbyists. Tom have you and Nicole, Joe, Rachael registered as lobbyists, or are you covered under the EID banner? Since you are paid to agitate the locals
    I would think that you should be covered.

    • Tom Shepstone
      Posted at 05:55h, 19 March Reply

      EID does no lobbying of public officials.

      Your “agitate the locals” comment also reveals what you are really about – another elitist who’s moved into the community, looks down his nose at residents and, yet, is afraid to give his real name.

  • Michael Fitzgerald
    Posted at 21:57h, 18 March Reply

    I think the writer meant breach…

    • Tom Shepstone
      Posted at 06:01h, 19 March Reply

      Correct you are! Thank you!

  • Bryant La Tourette Sr
    Posted at 22:43h, 18 March Reply

    Seems many of these groups including the Slottje gang are lobbyist.
    In their eyes the rules are like the truth, they need not follow it, nor tell it.
    They are above or detached, maybe both? They are self righteous,self validating authoritative elitists, immune and devoid of such responsibilities of reality. Have they forgotten they are the jesters to entertain us?
    Their wealth is due to our need to take a break from reality and spend a few moments mindlessly watching or listening to them enchant and entertain us.
    Their value is lessened when they step into the brick wall of reality as shown by thinking rules need not apply to them.
    Their once fame has now left them fighting to do low end commercials. They fear they will be forgotten.
    They do not understand responsibility, that is left to the accountants and managers .
    Spoiled adults that only desire and do not need to think. They are driven to a quest to once again see themselves in the news instead of the lonely mirror.
    When all that has left, then they get caught in the regulation world of real people. That is when they understand they have stepped out of the world of jesters and in over their head.
    They are then remembered for the last thing they did, taking away from any stardom they had.
    As they say in show biz let them go, you cant save them from themselves.

  • fred jones
    Posted at 06:52h, 19 March Reply

    I’m not sure which is worse EID. Questionable so called unregistered “lobbying” or outright registered “influence peddling” I would call your piece Tom, classic rock throwing from a glass house.

    I don’t think Yoko is a real threat here folks………..

    • Tom Shepstone
      Posted at 08:04h, 19 March Reply

      We don’t do lobbying, Fred, and we don’t pretend to be other than what we are. The facts speak for themselves on what SMF is doing.

      • fred jones
        Posted at 08:31h, 19 March Reply

        Tom my friend…..I wasn’t inferring you guys were………never have. My reference was to influence peddling. Yes, both camps are guilty, that’s the “American Way” (thanks to the Supreme Court ruling two years ago) , but my statement about the glass house was not about EID per say, it was about the massive amounts of money, lobbyists pour into their respective interests. EID pointing out that somehow, a questionable “unregistered lobby group” is some inexcusable act, seems a bit trivial, compared to the up front in your face lobbying that’s public knowledge BTW. If you read my links, you should be outraged about all the crony capitalism we seem to have in politics these days and that goes for both sides. EID with this piece, is the classic proverbial pot (oil and gas lobby) calling the kettle ( questionable lobby group) black…….

        • Tom Shepstone
          Posted at 08:34h, 19 March Reply

          I don’t see it that, Fred. We don’t hide what we do.

          • fred jones
            Posted at 08:48h, 19 March

            Tom…….I didn’t say that. You’re missing my point. I’ve been following EID for quite some time now. Find one post where I refer to you as a lobbyist group. You are a PR firm for the NG industry…….and you never evade that fact………never. Do I hold this against you? Of course not, good grief, that’s your job! I’ve actually learned quite a bit from your site 🙂 Do I always agree……heavens no, you know that.

          • Tom Shepstone
            Posted at 09:21h, 19 March

            Appreciate your clarification, Fred, and still laughing – a good thing!

          • fred jones
            Posted at 09:44h, 19 March

            Well……I’ll be honest Tom, I post here mostly for the entertainment value 🙂 So I get a good chuckle now and then. And anyone who takes the time, can look you guys up and find no direct lobbying.

  • Marcellus & Utica Shale Story Links: Tue, Mar 19, 2013 | Marcellus Drilling News
    Posted at 09:18h, 19 March Reply

    […] Sustainable Markets Foundation Money Processing Being Noticed Energy in Depth – NMI The Associated Press (AP) has noted Yoko Ono’s “Artists Against Fracking” is collecting money to influence public policy in New York but hasn’t bother registering as a lobby group.  The article is worth reading and exposes the hypocrisy of the privileged 1% who attack the natural gas industry for lobbying efforts. Here we provide some additional facts the article missed. […]

  • Helen A. L.
    Posted at 20:57h, 02 April Reply

    If all of these relationships could be shown in a Graphic, it would look like the complexity of the ‘Obamacare’ health-bureaucracy setup!

    You’ve done a good bunch of leg-work Tom to expose all of these ‘informal’ connections that are such great conduits for money to support those innocent-appearing ‘local grass-roots’ efforts!

    And those are clearly the ultimate fronts, and the GRUNTS, for the BIG players….who DO NOT want Conservative Upstate NYS Residents/Workers (aka “The Enemy”) to ever gain comfortable success and any political power that might upset their cozy nanny-state game — the one that has left NYS $70 billion in the red officially, plus huger amounts more that is off the NYS books in the Authorities.

    A Wall Street Journal article by Arthur Laffer pointed-out that the ‘liberal’ states are losing economically (and FAST!), while businesses, jobs and prosperity is flocking to the ‘conservative’ states who avoid nanny-ism like the plague.

    The New York situation clearly shows why that shift is happening — but it really hurts to be in the middle of it. But for an interesting job and good people to work with, I would NOT be here still. I would have more take-home-and-KEEP pay elsewhere!

    And as for Governor Cuomo’s “NYS Is Open for Business” ad-campaign –HA! The real businessmen know the truth, and STILL rate it at near-bottom — 49th of the 50 states in friendliness to business — thank you California for being even worse! The ad-campaign money is simply more NYS waste of the taxpayer’s dollars.

  • Joseph Campbell-Gas Free Seneca
    Posted at 16:45h, 10 April Reply

    I usually choose to ignore EID and its operatives, other than when they attend one of our “events”. However, since EID chose to flatter Gas Free Seneca by naming us, not once, but 3 times in this clever little piece, I couldn’t resist.

    As you pro-frackers are so fond of saying, “Get your facts straight”. Gas Free Seneca has never received any money from the Park Foundation! Not one thin dime (not that we’d turn it down). Yes, Sustainable Markets Foundation is our fiscal sponsor, something we needed so that individual donations to our organization would be tax deductible. We didn’t pursue 501 (c) (3) status because we didn’t intend to be doing this forever. SMF charges us a small handling fee for this service.

    Second, the amount of money you claim is being spent by these small, not-for-profit organizations to oppose fracking is miniscule compared to what the gas industry giants, under the guise of IOGA, are spending in NY State, not just on lobbying and campaign contributions, but on the massive media campaign they are waging in NY with those slick, expensive ads on the radio, on television and in print.

    And third, if out of state Inergy’s proposed gas storage project, “…has nothing to do with Marcellus Shale drilling”, as the dear departed Bill Moler was so fond of saying then why, oh why, is EID so interested in Gas Free Seneca? Perhaps the same time that Inergy stopped using the term “LPG” on their website and started saying “NGLs”?

    There, I managed to use our name 3 times in this comment……………………

    • Tom Shepstone
      Posted at 11:24h, 11 April Reply

      1. Park funds the Sustainable Markets Foundation and they fund Gas Free Seneca and make it possible for your group to operate under the radar.

      2. Park has $315 million of assets and spends millions on this debate, far more than we have and they combine their resources with those of the Rockefellers to fund the Sustainable Markets Foundation that funds Gas Free Seneca and dozens of similar groups.

      3. We’re interested in what Gas Free Seneca does because you’ve made it about natural gas.

  • Lyle Courtsal
    Posted at 16:18h, 24 October Reply

    Hey dudes, nice blowouts all over the US jest like always. . . . See above. . . Got the numbers to show we can do a future without you now. . .

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    Posted at 05:22h, 03 November Reply

    […] the same people who funded the last statement, also funded both the Catskill Mountainkeeper and the New York Public Interest Research Group and their statements. That would be the Rockefeller family. We have noted this several times. […]

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    Posted at 06:39h, 06 January Reply

    […] is a front for the Sustainable Markets Foundation, a Rockefeller entity run by the head of the New York Public Interest Research Group. Both the […]

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    Posted at 08:29h, 10 February Reply

    […] their names and a flashy website, billboard campaign and advertising initiative was born.  I wrote about it over at Energy In Depth and noted their connection to the Rockefellers’ Sustainable Markets Foundation, which helped […]

  • UCLA Report Misleads Public on California “Acidizing” Techniques
    Posted at 19:17h, 29 March Reply

    […] opposing fracking and oil and natural gas production. Some of these grants include; $250,000 to the Sustainable Markets Foundation “to support the Californians against Fracking project,” $300,000 to the Sierra Club “to […]

  • Despite Claiming Otherwise, Ceres’ New Data Show Water Use from Fracking Declining
    Posted at 16:48h, 18 October Reply

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