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powell memo
Trump, Zeldin, and Wright Want to Set America’s Rivers on Fire Again
The Trump administration is trying to turn back the clock on environmental and climate regulations. But they can’t control physics. Or the falling cost and rising efficiency of renewable energy.
Mar 14, 2025
I spent part of the morning reading the Powell memo—the famous document written by the future Supreme Court justice in August of 1971 arguing that American business and industry had to get its act together so it could dominate the country’s political life and prevent the threats to “the American system” from “the college campus, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians.”
In the short run, Justice Lewis Powell was unsuccessful—the Environmental Protection Agency (EPA) had been formed a few months before his memo, the Clean Water Act passed a few months after. As William Ruckelshaus, the first administrator of the EPA (and a Republican appointed by a Republican president) said, the agency “has no obligation to promote agriculture or commerce; only the critical obligation to protect and enhance the environment.” Over the next years the agency enacted a critical series of rules that—with surprising speed—cleaned America’s air, rivers, and lakes, and became the template for similar laws around the world.
The job for those of us who care about the future is to continue insisting on reality.
But the forces Powell helped set in motion with his memo to the Chamber of Commerce never accepted the premise that American business should be regulated—as he had recommended, they built a powerful set of institutions—think tanks, tv stations, publishers, and above all political lobbies—and now, 54 years later, they would appear, on the surface, to have won their final victory. Lee Zeldin, a distant successor to Ruckelshaus as EPA head, announced what he called the “greatest day of deregulation in American history.”
As the Times explained, under Zeldin’s plan the agency
would unwind more than two dozen protections against air and water pollution. It would overturn limits on soot from smokestacks that have been linked to respiratory problems in humans and premature deaths as well as restrictions on emissions of mercury, a neurotoxin. It would get rid of the “good neighbor rule” that requires states to address their own pollution when it’s carried by winds into neighboring states. And it would eliminate enforcement efforts that prioritize the protection of poor and minority communities.
In addition, when the agency creates environmental policy, it would no longer consider the costs to society from wildfires, droughts, storms, and other disasters that might be made worse by pollution connected to that policy, Mr. Zeldin said.
In perhaps its most consequential act, the agency said it would work to erase the EPA’s legal authority to regulate carbon dioxide and other greenhouse gases by reconsidering decades of science that show global warming is endangering humanity. In his video, Mr. Zeldin derisively referred to that legal underpinning as “the holy grail of the climate change religion.”
The reason, he said, was to help the president “usher in a golden age of American success.”
It was language echoed in a second extraordinary speech, this one by Energy Secretary Chris Wright, speaking to fellow oilmen in Houston, who promised to “unleash human potential” mostly through the use of artificial intelligence, which would require “unlimited energy.” Yes, he said, we’ve already increased the amount of carbon in the atmosphere by 50%, but climate change is simply “a global physical phenomenon that is a side effect of building the modern world.” (That is a phrase that will live in infamy)
The triumphalism of those speeches is in some ways well founded—as the Trump administration ravages university budgets, as its allies turn once-great newspapers into mouthpieces, and as the GOP Congress marches in complete lockstep threatening even to impeach those judges who might rule against this crusade, it’s hard to see precisely how they’ll be stopped. Yes, there will be widespread resistance (join us at Third Act and many other groups on April 5, for the next big round of rallies), and yes there will be lots and lots of court cases. (Some good news on that front this week, as the Supreme Court denied an industry request to keep states and cities from suing them for climate damages). But for the moment these hard-faced men with greed as their compass occupy the political high ground. For the moment they can do much of what they will.
And yet and yet and yet. There are some forces they can’t control. One is physics. You can prattle all you want, as Zeldin did, about how ending efforts to address climate change will “decrease the cost of living for American families,” but thanks to global warming the price of insurance is going through the roof—the latest data I’ve seen from, say, Summit County, Utah shows premiums doubling, and in some cases going up 300%. That’s if you can get it at all—in the wake of the LA fires, California’s largest insurer said this week that “writing new policies doesn’t make any sense at this time.”
And if you can’t control physics, you also can’t control—at least completely—engineering and economics, the disciplines that have led in recent years to the breakout of renewable energy. On the same day as Wright’s speech belittling clean power, these numbers emerged from the consultant Wood MacKenzie:
The U.S. installed 50 gigawatts (GW) of new solar capacity in 2024, the largest single year of new capacity added to the grid by any energy technology in over two decades. That’s enough to power 8.5 million households.
Why do you think the energy industry spent record amounts on Trump’s election? (Fracking baron Wright and his wife gave $475,000). It’s precisely because of the size of this threat.
As Abby Hopper, the president of the Solar Energy Industries Association put it: “Solar and storage can be built faster and more affordably than any other technology, ensuring the United States has the power needed to compete in the global economy and meet rising electricity demand. America’s solar and storage industry set historic deployment and manufacturing records in 2024, creating jobs and driving economic growth.”
As the CEO of NextEra Energy (which builds both gas and renewable plants) explained at the same conference that Wright addressed:
The cost of gas turbines and the skilled labor to install them are both up threefold from just two years ago, and new gas infrastructure faces years-long delivery backlogs. Renewables plus batteries, he said, are the cheapest, fastest, and easiest way to meet the surging power demand from data centers driven by the acceleration in artificial intelligence.
“We’ve got to be really careful here, from an affordability standpoint, about the choices that we’re making. What we don’t want to do is drive ourselves to only one solution—that being a gas-fired solution—that’s now more expensive than it ever has been in its history,” he said. “It just so happens that the most economic solution comes with clean energy benefits, as well.”
And as the technology keeps getting better, so do the numbers—a U.K. study released today found that rooftop solar alone could supply two-thirds of the world’s electricity.
Zeldin, Wright, Trump—they want to take us back to the glory days before 1970, when rivers caught on fire. And to do so they’ll try to take us back to the days before 1958—word came yesterday that the federal government was planning to break the lease on the Hawaii facility that supports the carbon observatory on Mauna Loa.
“It would be terrible if this office was closed,” atmospheric scientist Marc Alessi, a fellow with the Union of Concerned Scientists advocacy group, said.
“Not only does it provide the measurement of CO2 that we so desperately need to track climate change, but it also informs climate model simulations.”
Others said the Trump administration had already made their work harder, after the White House froze credit cards held by agency employees for a 30-day period under DOGE’S “cost efficiency initiative.”
“It has already become very difficult to continue our global greenhouse gas monitoring network,” an atmospheric scientist involved in NOAA’s measurements said, asking not to be named.
“It requires continuous shipping of sampling equipment black and forth all over the world. Suddenly, we cannot use our government-issued credit cards anymore… It looks like our monitoring program will soon be dead,” the scientist said.
But even if they stop monitoring carbon it will continue accumulating—in fact, the instrument at Mauna Loa showed that CO2 passed the 430 parts per million mark for the first time this week. And even if the federal government does all that it can to shut down renewable energy, the embarrassing numbers will keep piling up—Texas, world capital of hydrocarbons, set remarkable records this week for renewable energy generation.
In just the first week of March, the ERCOT power grid that supplies nearly all of Texas set records for most wind production (28,470 megawatts), most solar production (24,818 megawatts), and greatest battery discharge (4,833 megawatts). Only two years ago, the most that batteries had ever injected into the ERCOT grid at once was 766 megawatts. Now the battery fleet is providing nearly as much instantaneous power as Texas nuclear power plants, which contribute around 5,000 megawatts.
The job for those of us who care about the future is to continue insisting on reality (hats off to those Texans who rallied outside the conference that Wright addressed, and that’s why you’re supposed to set aside Sept 20-21 for Sun Day). Wright, Zeldin, Musk, Trump—they have powerful sticks to try and beat reality into submission. But reality has a way of biting back.
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Right-Wing Control of Media Has Crushed the Promise of US Democracy
If progressives want to slow this speeding train heading toward single-party rule of America, they must get with the program and begin to support existing and build out new and powerful policy think tanks and media operations.
Jan 15, 2025
Republicans are using their massive structural media and social media advantage to try to destroy Gavin Newsom, Karen Bass, and the California Democratic Party.
It follows an old script, that’s recently been played out in Russia and Hungary, among other nations: Want to seize control of a nation and turn it into a neofascist state with the consent of the people? Just take control of the channels of public information and news, and then turn lies about your opponents and their supporters into a perceived reality.
Over the past 50 years, Democrats have been busy focusing on and working out policies to benefit average Americans. Increasing access to medical care, $35 insulin, reducing student debt, the CFPB to protect people from banks, cleaning up the environment, American Rescue Act, Inflation Reduction Act, etc.
Republicans and billionaires aligned with them, however, have not only fought against all these efforts, but, far more importantly, have engaged in a massive power play to shift control of popular opinion — and thus control of our government — toward themselves in a way they believe could be permanent.
The plan for this wasn’t a secret; it was laid out in a 1971 memo by tobacco lawyer Lewis Powell, who Richard Nixon put on the Supreme Court in 1972 where he could participate in putting the plan into action — as he did with the Buckley and Bellotti decisions (Powell wrote the latter) legalizing political bribery by saying “money is free speech” and “corporations are persons.”
It began the corruption of the American government by the Reagan administration.
But the details of the GOP’s efforts — which Democrats and wealthy Democratic donors should begin to emulate now if our republic is to survive — are rarely discussed. Here’s what they did, in outline, and how Democrats can fight back.
First, Republicans realized that public opinion drives everything, so they set out to seize as much control over the instrument that drives public opinion as they could: the media.
The details of the GOP’s efforts — which Democrats and wealthy Democratic donors should begin to emulate now if our republic is to survive — are rarely discussed. Here’s what they did, in outline, and how Democrats can fight back.
Second, they realized that the Senate was the power-based linchpin for control of the legislative branch and the key to controlling both the Executive and Judicial branches because only the Senate confirms presidential cabinet positions and federal judges.
If they controlled the Senate much of the time and occasionally got a Republican president, they could also easily stack both the federal judiciary and the Supreme Court.
To control the Senate, they knew, they had to control a majority of the states. And that came back to controlling public opinion through the media, particularly in low-population or largely rural states where media could be bought or coopted cheaply.
To first influence public opinion, back in the 1970s-1990s era, billionaires associated with the GOP built a whole series of institutions whose sole purpose was to influence public opinion in ways that comported with the billionaire’s oligarchic agenda.
They crank out policy papers, write op-eds for newspapers and websites, engage in social media, and provide “expert” guests for TV, radio, NPR, and podcasts. Another major function is to “educate” and lobby Republican elected officials about policy and nominees to executive and judicial positions.
Those include:
— Cato Institute
— Mercatus Center at George Mason University
— Americans for Prosperity
— Heritage Foundation
— Manhattan Institute
— American Enterprise Institute (AEI)
— Competitive Enterprise Institute (CEI)
— DonorsTrust
— Independent Women's Forum (IWF)
— Federalist Society
— Judicial Crisis Network (Now Concord Fund)
— Republican State Leadership Committee
— Alliance Defending Freedom
— Marble Freedom Trust
— 85 Fund (Formerly Judicial Education Project)
They also created the State Policy Network, which funds and guides a network of state-based think tanks in every state in America. They similarly influence political discussion through interactions with the media by publishing papers, participating in social media, and lobbying/educating Republican governors, state representatives, and senators. (At the end of this article is a list of them.)
There is no similar infrastructure on the left because no lefty billionaires ever set out to create one.
There are a few left-leaning think tanks and policy outfits like Public Citizen, NAACP, ACLU, Center for American Progress, Economic Policy Institute, Roosevelt Institute, Demos, and the Century Foundation. None of these, however, have levels of funding, inter-agency coordination, or integration with the Democratic Party that even begins to approximate the list of conservative organizations above.
In addition to creating powerful, well-funded groups to influence public policy, conservatives focused on the media itself, which they had historically seen as their enemy. Early efforts included Lee Atwater’s famous 1980s “work the refs” strategy of complaining loudly whenever media outlets reported on partisan issues that reflected poorly on the GOP and its politicians.
These were followed by funding and rolling out Rush Limbaugh’s show (1988), Reagan fast-tracking the citizenship of Rupert Murdoch and the subsequent start of Fox “News”; Sinclair’s purchase of hundreds of local TV stations; billionaires like the Dickey brothers purchasing hundreds of local radio stations; and Mitt Romney’s Bain Capital purchasing Clear Channel (2008) and then taking progressive Air America programming off their stations (2010).
Multimillionaire televangelists and wealthy rightwing Hispanics got into the game as well over the past two decades, purchasing over a thousand radio stations nationwide.
The result of these collective efforts is around 1500 radio stations programming rightwing talk (and hundreds of young “farm team” rightwing talk show hosts learning the trade in local markets), almost a thousand “nonprofit” religious stations that also push rightwing politics, and several hundred rightwing Spanish-language stations (that had a huge influence on the Latino vote in 2024).
Rightwing media is now a multi-hundred-billion-dollar-a-year enterprise that includes three major cable TV networks, and more recently rightwing billionaires have ventured into the newspaper business. Jeff Bezos bought The Washington Post, Patrick Soon-Shiong picked up the LA Times, Rupert Murdoch bought the NY Post and The Wall Street Journal, and New York City-based hedge funds run by rightwing billionaires own around half of all local newspapers in the country.
And now they’re focusing this media behemoth toward their efforts to destroy the Democratic Party in California and neuter Governor Newsom’s hopes to one day become president.
Again, there is no leftwing or Democratic analog to this media empire that’s been created and is held together largely by a handful of conservative billionaires.
A major parallel strategy Republicans followed was to use this media monster to take over enough states to take control of the Senate and, even when not in majority control, use the filibuster to block Democratic efforts at reform.
There is no leftwing or Democratic analog to this media empire that’s been created and is held together largely by a handful of conservative billionaires.
Their initial focus was low-population and largely rural states, as radio stations, TV stations, and newspapers in those markets are often very cheap.
By the end of 2010, when Romney/Bain shut down the progressive Air America radio network that had helped get Barack Obama elected in 2008, one could drive from coast-to-coast and continuously hear rightwing talk radio but only rarely (when passing through big cities or on SiriusXM) find a progressive voice.
This silencing of progressive talk radio and absolute dominance of the airwaves, both on radio and TV, made it easy for Republicans over the past 35 years to flip low-population and rural states that had been Democratic for generations into the GOP’s camp.
West Virginia, Arkansas (former governor: Bill Clinton), Kentucky, Louisiana, Alabama, Montana (former governor: Brian Schweitzer), Iowa (former governor: Tom Vilsack), Wyoming (former governor: Mike Sullivan), Tennessee (former senator: Al Gore), Georgia (former governor: Roy Barnes), Missouri, and Texas (former governor: Ann Richards) all went from solid blue or largely blue to solid red, as there have functionally been no dissenting voices heard in local media since the 1980s.
A large handful of other states followed a similar trajectory, giving Republicans majority control of the least democratic of our legislative institutions, the Senate, where Wyoming (pop: 584,000) has the same two senators — and thus the same legislative power — as California (pop: 38.9 million).
Following these victories, Republicans turned their attention to the fastest growing aspects of the Fourth Estate: Social media and podcasts. With help from Vladimir Putin’s Internet Research Agency and Wagner Group trolls, GOP operatives, politicians, talk hosts, podcasters, influencers, and cyberbullies began to saturate social media and podcasts with messages condemning Democrats for every little thing that went wrong in America.
Most recently, they’ve brought control of X, Facebook, Instagram, Threads, and WhatsApp under their banner, both through allowing the uninhibited spread of political lies and disinformation and by tilting their secret algorithms that control what content people see toward the right.
As a result, Republicans — using their vast think tank and media power — have succeeded in rolling back voting rights, civil rights, women’s rights, and taking an axe to public education. And now they’re using lies and slander to go after Gavin Newsom.
This massive machine was so successful in recasting the public perception of elected Democrats that millions of dispirited formerly-Democratic voters simply gave up and failed to vote in the 2024 election.
Next in their sights — along with more tax cuts for the billionaires who funded all this — are healthcare and Social Security, as they work to roll back the last 100 years and end the New Deal and Great Society.
If Democrats want to slow this speeding train heading toward single-party rule of America, they must get with the program and begin to support existing and build out new and powerful policy think tanks and media operations.
The coming election of a new DNC chair presents an opportunity to begin reforming and redirecting the efforts of the Party to a 50-state strategy that can effectively compete with Republicans.
And billionaires with a social conscience — like MacKenzie Scott, Reid Hoffman, Laurene Powell Jobs, and Tom Steyer — need to consider emulating the efforts of Charles Koch, Miriam Adelson, Richard and Elizabeth Uihlein, Robert and Rebekah Mercer, and Ken Griffin.
Republicans have already decided to exploit the climate-change-driven wildfires on the west coast to try to flip California from Blue to Red in the next elections. They’re using their massive media machine to promote naked lies, blaming the fires on Democratic politicians while obscuring the role of the climate change driven by oil industry executives who fund the GOP and many of their think tanks.
Without an all-hands-on-deck effort to build out a Democratic media machine now, our precious democracy may soon be replaced with an authoritarian dystopia that serves nobody but the morbidly rich.
And California could become their biggest victory since the election of Governor Reagan.
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Trump Win Fulfills Oligarchy's 50-Year Plan for Right-Wing Takeover
The billionaires have won. They have successfully killed the American Dream. And now we have to fight back.
Nov 06, 2024
When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” — Frédéric Bastiat, Economic sophisms, 2nd series (1848)
We just watched the final fulfillment of a 50 year plan. Louis Powell laid it out in 1971, and every step along the way Republicans have follow it.
It was a plan to turn America over to the richest men and the largest corporations. It was a plan to replace democracy with oligarchy. A large handful of America’s richest people invested billions in this plan, and its tax breaks and fossil fuel subsidies have made them trillions. More will soon come to them.
As any advertising executive can tell you, with enough money and enough advertising — particularly if you are willing to lie — you can sell anybody pretty much anything.
This is not the end... hitting bottom often begins the process of renewal.
Even a convicted felon, rapist, and friend and agent of America’s enemies.
America was overwhelmed this fall by billions of dollars in often dishonest advertising, made possible by five corrupt Republicans on the Supreme Court, and it worked. Democrats were massively outspent, not to mention the power of the billionaire Murdoch family’s Fox “News” and 1500 hate talk radio stations.
Open the lens a bit larger, and we find that it goes way beyond just this election; virtually every crisis America is facing right now is either caused or exacerbated by the corruption of big money authorized by five corrupt Republicans on our Supreme Court.
They are responsible for our crises of gun violence, the drug epidemic, homelessness, political gridlock, our slow response to the climate emergency, a looming crisis for Social Security and Medicare, the situation on our southern border, even the lack of affordable drugs, insurance, and healthcare.
All track back to a handful of Supreme Court justices who’ve sold their votes to billionaires in exchange for extravagant vacations, luxury yachts and motorhomes, private jet travel, speaking fees, homes, tuition, and participation in exclusive clubs and billionaire networks that bar the rest of us from entry.
For over two decades, Clarence Thomas and his wife have been accepting millions in free luxury vacations, tuition for their adopted son, a home for his mother, private jet and megayacht travel, and entrance to rarified clubs.
Sam Alito is also on the gravy train, and there are questions about how Brett Kavanaugh managed to pay off his credit cards and gambling debts. John Roberts’ wife has made over $10 million from law firms with business before the court; Neil Gorsuch got a sweetheart real estate deal; Amy Coney Barrett refuses to recuse herself from cases involving her father’s oil company.
None of this is illegal because when five corrupt Republicans on the Court legalized members of Congress taking bribes they legalized that same behavior for themselves.
As a result, we have oligarchs running our media, social media, and buying our elections, while the Supreme Court, with Citizens United, even legalized foreign interference in our political process.
Our modern era of big money controlling government began in the decade after Richard Nixon put Lewis Powell — the tobacco lawyer who wrote the infamous 1971 “Powell Memo” outlining how billionaires and corporations could take over America — on the Supreme Court in 1972.
In the 1976 Buckley v. Valeo decision, the Court ruled that money used to buy elections wasn’t just cash: they claimed it’s also “free speech” protected by the First Amendment that guarantees your right to speak out on political issues.
In the 200 preceding years — all the way back to the American Revolution of 1776 — no politician or credible political scientist had ever proposed that spending billions to buy votes with dishonest advertising was anything other than simple corruption.
The “originalists” on the Supreme Court, however, claimed to be channeling the Founders of this nation, particularly those who wrote the Declaration of Independence and the Constitution, when they said that “money is the same thing as free speech.” In that claim, Republicans on the Court were lying through their teeth.
In a letter to Samuel Kercheval in 1816, President and author of the Declaration of Independence Thomas Jefferson explicitly laid it out:
“Those seeking profits, were they given total freedom, would not be the ones to trust to keep government pure and our rights secure. Indeed, it has always been those seeking wealth who were the source of corruption in government.”
But Republicans on the Supreme Court weren’t reading the Founders. They were instead listening to the billionaires who helped get them on the Court in the first place. Who had bribed them with position and power and then kept them in their thrall with luxury vacations, “friendship,” and gifts.
Two years after the 1976 Buckley decision, the Republicans on the Supreme Court struck again, this time adding that the “money is speech and can be used to buy votes and politicians” argument applied to corporate “persons” as well as to billionaires. Lewis Powell himself wrote the majority opinion in the 1978 Boston v Bellotti decision.
Justices White, Brennan, and Marshall dissented:
“The special status of corporations has placed them in a position to control vast amounts of economic power which may, if not regulated, dominate not only our economy but the very heart of our democracy, the electoral process.”
But the dissenters lost the vote, and political corruption of everything from local elections to the Supreme Court itself was now virtually assured.
Notice that ruling came down just two years before the Reagan Revolution, when almost all forward progress in America came to a screeching halt.
It’s no coincidence.
And it’s gotten worse since then, with the Court doubling down in 2010 with Citizens United, overturning hundreds of state and federal “good government” laws dating all the way back to the late 1800s.
Thus, today America has a severe problem of big money controlling our political system. And last night it hit its peak, putting an open fascist in charge of our government.
No other developed country in the world has this problem, which is why every other developed country has a national healthcare system, free or near-free college, and strong unions that maintain a healthy middle class. It’s why they can afford pharmaceuticals, are taking active steps to stop climate change, and don’t fear being shot when they go to school, the theater, or shopping.
It’s why they are still functioning democracies.
The ability of America to move forward on any of these issues is, for now, paralyzed with the election of Trump and the GOP taking over the Senate.
This is not the end, though; hitting bottom often begins the process of renewal.
Many Americans will continue to speak out and fight for a democracy uncorrupted by the morbidly rich.
And so will I.
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