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Why Tea Party Gov. Rick Scott Flip-Flopped on Obamacare

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Florida Gov. Rick Scott was elected in 2010 almost entirely thanks to his activism opposing the Affordable Care Act, better known as Obamacare. Scott spent $20 million of his own considerable fortune attacking the law, and the Republican backed the state’s lawsuit challenging its constitutionality all the way to the Supreme Court. Scott had declared last summer that Florida would implement the law basically over his dead body, including the optional part that would provide federal funding to expand Medicaid to people making up to 138 percent of the poverty line.

So it was a bit of a surprise Wednesday when he announced suddenly that he had changed his mind: Florida should embrace the Medicaid expansion. We’d like to think that this article might have had something to do with his decision; Scott himself claims that mother’s death inspired his change of heart. But it’s more likely that the decision was a direct result of the US Department of Health and Human Services agreeing to grant Florida a waiver that would allow it to move more Medicaid recipients into private managed-care plans—many of which are part of huge corporate insurance companies waiting to cash in on the latest installment of Obamacare. (The Medicaid expansion is expected to send $66 billion in federal funds to Florida in the next decade.)

Scott has been saying for months that if HHS approved Florida’s waiver request, he might be more willing to take the Medicaid expansion. He was in DC in January meeting with HHS Secretary Kathleen Sebelius over the issue. But HHS’s decision to grant the waiver was somewhat surprising, given that the state was asking to expand a very troubled pilot project going back to the Bush era. The pilot project, which also required a waiver from HHS, allowed the state to put Medicaid recipients in five counties into private, HMO-type health plans rather than the traditional government health plan for the poor and disabled. Scott has championed the pilot as an innovative way of keeping government spending in check. Health care advocates, though, saw the program as a major disaster.

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Why Tea Party Gov. Rick Scott Flip-Flopped on Obamacare

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Coal Country Bank First to Report Carbon Footprint to Shareholders

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There’s a growing interest among enviros these days in combating climate change with direct offensives against the fossil fuel industry, sights locked on its bottom line. The idea is that while we scramble to invent more efficient light bulbs and throw up solar panels, we also chip away at the mountain of money that gives the industry its power, by turning shareholders on to the idea that unwise investments can make them accomplices in global warming.

Activist investment is nothing new, of course, the best-known case being the massive movement to divest from apartheid South Africa in the 1980s. But it’s gaining traction in the realm of climate change: Bill McKibben in particular has campaigned recently for colleges and universities to divest their endowments from fossil fuels, and Al Gore this month backed the efforts of Harvard students to do so.

Shareholders at a host of corporations nationwide—including Exxon Mobil, fracking giant Nabors, and, incongruously, Dunkin’ Donuts—have climate-related resolutions on the table this year that aim to require companies to account to shareholders on everything from mountaintop removal to greenhouse gas emissions to renewable energy use. This week, an unexpected institution became the first major bank to join their ranks and have its climate impact interrogated by shareholders. From the LA Times:

The resolution, which follows years of protests over banks financing certain coal operations, is to be included in proxy material being sent to shareholders of PNC Financial Services Group of Pittsburgh before the bank’s April 23 annual meeting.

It asks PNC to assess and report back to shareholders on how its lending results in greenhouse gas emissions that can alter the climate, posing financial risks for its corporate borrowers and risks to its own reputation.

PNC is the only major bank based in Appalachia, a region where coal and gas extraction is a major business. It has long lent to mining companies, including those engaged in mountaintop removal, which involves blowing up peaks to reach coal seams below and has been blamed for degrading landscapes, destroying habitat and polluting streams.

You might not expect a bank smack dab in the heart of coal country to have the most environmentally progressive shareholders, but then again PNC, heavily entwined with the coal industry but not as unbreakably massive as, say, Bank of America, could be fertile ground for climate leadership. The bank has in recent years tried to give itself a green makeover, but apparently not enough to satisfy the shareholders behind the resolution, including a Roman Catholic group and Walden Asset Management. The case PNC ultimately makes to its investors should be an interesting study in the practical power of wielding shares as a weapon against climate change.

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Coal Country Bank First to Report Carbon Footprint to Shareholders

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Big Corporations Like Exxon Put Up Seed Funding for Dark Money Group

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This article originally appeared on the ProPublica website.

Some of the nation’s biggest corporations donated more than a million dollars to launch a Republican nonprofit that went on to play a key role in recent political fights.

Like the nonprofit groups that poured money into last year’s elections, the decade-old State Government Leadership Foundation has been able to keep the identities of its funders secret. Until now.

A records request by ProPublica to the IRS turned up a list of the original funders of the group: Exxon, Pfizer, Time Warner, and other corporations put up at least 85 percent of the $1.3 million the foundation raised in the first year and a half of its existence, starting in 2003.

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Big Corporations Like Exxon Put Up Seed Funding for Dark Money Group

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Two Years Later, The Florida Bar Takes Action Against Foreclosure Baron David J. Stern

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Way back in August 2010, I sounded the alarm about a fellow named David J. Stern, a lawyer in Fort Lauderdale, Florida, who’d gotten rich off the housing meltdown of the mid-2000s. Stern ran a law firm that handled foreclosure cases as fast as possible for big banks and the quasi-governmental housing corporations Fannie Mae and Freddie Mac. But as I revealed, Stern’s law firm, paid per case, increasingly cut corners and, in some cases, duped judges in Florida’s overwhelmed court system in the race to foreclose on more people and make more money. (One local judge said a key document filed by a lawyer in Stern’s firm was “fraudulently backdated, in a purposeful, intentional effort to mislead the defendant and this court.”) Stern’s firm, I noted, was among the largest of a thriving breed of law firms profiting off of the housing crisis—and called them “foreclosure mills.”

Days after my 4,600-word investigation into Stern’s operation appeared, the Florida attorney general’s office launched its own probe of three of the state’s largest foreclosure mills. The big banks soon cut ties with Stern, as did Fannie and Freddie. Later, Fannie and Freddie cut ties with all foreclosure mills like Stern’s, after an inspector general report (citing Mother Jones, among others) criticized their use of such firms. Yet through it all, the Florida Bar, the enforcer of ethics for the state’s lawyers, publicly did nothing, to the dismay of homeowners, attorneys, and judges on the other side of Stern’s misdeeds.

No longer. The Palm Beach Post reports that the Bar is looking to bring disciplinary action against Stern resulting from 17 different complaints over the backdating of foreclosure documents, misleading local courts, failing to appear before an appeals court in a class action, and for his attorneys failing to appear in foreclosure hearings. The Bar decided to pursue action against Stern after internal grievance committees—similar to a grand juries—found probable cause in various Bar complaints filed against Stern.

Stern’s attorney, Jeffrey Tew, told the Post that the Bar had already closed 19 complaints against Stern without any repercussions. “David didn’t do anything wrong, ethically or otherwise,” Tew said. “He had a very complete system of supervision and didn’t participate in any of the individual situations.”

There is little left of Stern’s business empire. His law firm shuttered in March 2011 after the banks and Fannie and Freddie yanked their foreclosure cases out of his hands. The next day, DJSP Enterprises, Stern’s short-lived foreclosure processing operation, told investors it would voluntarily delist from the NASDAQ stock exchange. It was quite a downfall for a man whose firm, a few years before, litigated hundreds of thousands of cases for the biggest banks in America, and who was so assured of his abilities and power that he gave T-shirts to investors depicting himself as Superman.

Stern is no longer the Superman of foreclosure lawyers. But for the defense attorneys and homeowners and judges streamrolled by Stern’s foreclosure machine, long-delayed action by the Florida Bar is better than nothing.

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Two Years Later, The Florida Bar Takes Action Against Foreclosure Baron David J. Stern

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Paper Giant Pledges To Leave the Poor Rainforest Alone. Finally.

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If you’ve ever bought toilet paper, a bucket of KFC chicken, or photocopy paper, there’s a decent chance that it came from Asia Pulp & Paper, the third largest paper producer in the world. There’s also a chance that that paper was made from the quickly disappearing Indonesian rainforestâ&#128;&#148;which is why activists and environmental organizations have long labeled Asia Pulp & Paper a “forest criminal” for destroying this precious habitat. But Tuesday, APP and environmental activists came together to announce a new conservation policy that they say will stop the company’s destruction of virgin forests forever.

APP has pledged to develop plantations only on land that is not rainforest or land that has already been clearedâ&#128;&#148;and on February 1, it halted its bulldozers in the pristine forests that are home to species like the Sumatran tiger and the orangutan. The company has also committed to consult with indigenous and local communities on any proposed new plantations. The Forest Trust, a non-profit that works with corporations to instate sustainable forest practices, will monitor the implementation of the new policy.

The agreement on third-party evaluation is significant, according to Scott Poynton, the executive director of The Forest Trust, which worked with APP to design the new policy. While the company has drawn criticism in the past for not living up to promised environmental changes, Poynton said that this new policy is much stronger than any previous pledges.

Arguably the trickiest part of all this is that the new policy applies not only to If APP, but also to its business partners; as other corporations have found, controlling your whole supply chain can be difficult. But if it succeeds, the impact will be great: APP is a $6 billion company that produces 8.5 million tons of paper per year. The company and its suppliers control 6.4 million acres in Indonesia alone.

The Forest Trust, which began working with APP in February 2012, specializes in changing corporate giants from the inside. In 2010, it worked with Nestle to get deforested products out of its supply chain. Poynton said the group’s strategy is to wait for companies to request help in devising sustainability plans. “We believe if we want to solve the problem we ought to work with the folks who are causing it,” he explained. Forest Trust has 50 staffers dedicated to ending deforestation in Indonesia, Poynton said, including experts in forestry, ecology, social science and conflict resolution. Thirty of them have been working with APP to develop the new policy.

As Poynton was quick to point out, it was the campaigning from Greenpeace, Rainforest Action Network, and other environmental groups that pushed APP to the table in the first place. “This would never have happened without efforts of Greenpeace and other NGOS that campaigned against APP,” he said. “But we also don’t think it could have happened without someone on the inside like us working with the company to figure out how to get there.”

Greenpeace has been campaigning against APP for years, exposing the company’s use of illegally logged trees and highlighting the ways in which its deforestation contributes to skyrocketing carbon emissions. Greenpeace and convinced more than 100 companiesâ&#128;&#148;including giants like Adidas, Kraft, Staples, and Nestléâ&#128;&#148;to stop doing business with APP. One of Greenpeace’s campaigns asked Barbieâ&#128;&#148;a Mattel productâ&#128;&#148;to “break up” with APP, which prompted the toy giant to stop sourcing paper from “controversial sources.”

“I think APP is really seeing that pressure from the market,” said Bustar Maitar, the head of Greenpeaceâ&#128;&#153;s forest campaign in Indonesia. “There is no choice for them to keep their products in the international market. They have to do forest protection in Indonesia.”

Maitar is optimistic that the change could move the rest of the global paper and pulp market, too. “APP’s commitment will send a strong signal to the rest of the world to move on forest protection,” he said. “Otherwise they will lose their international market.”

Aida Greenbury, APP’s managing director of sustainability, told Mother Jones that the campaigns from Greenpeace and others didn’t directly hurt the company’s bottom line. But they did affect its reputation. “The loss we suffer mostly is linked to the image, the perception about APP,” said Greenbury. “If you want to be recognized as a true global leader, we don’t want any image of forest destruction or deforestation attached to us.”

Greenbury said that the commitment also reflects APP’s business interests. “Truthfully it’s not only about environmental and social sustainability, it’s also about economic sustainability as well,” she continued. “We need work with stakeholders not only in Indonesia but beyond, because we want to make sure that we don’t have a lost opportunity in the future to expand our market.”

While supportive of the announcement, Greenpeace’s Maitar conditioned his praise with the statement that Greenpeace will be monitoring APP’s success in putting its commitment into action. “For us this is the last opportunity of APP to make the commitment and implement it on the ground,” he said. “This is the golden opportunity for APP.”

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Paper Giant Pledges To Leave the Poor Rainforest Alone. Finally.

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Walmart Workers Get Organized—Just Don’t Say the U-Word

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At first, William Fletcher, a soul-patched, wisecracking 24-year-old who works in the electronics department at the Walmart in Duarte, California, couldn’t believe what the stranger with the clipboard standing outside his front door was telling him. The guy was describing a new group called Organization United for Respect at Walmart, which was recruiting employees like Fletcher to demand higher wages, better benefits, and less-punishing work schedules. Fletcher liked what he heard, but was skeptical. He’d recently settled a bitter dispute with management over a knee injury. “Frankly, I was convinced it was Walmart sending someone over to trick me into signing something to get me fired,” he says.

He told the guy he wasn’t interested, but another organizer came knocking the next day. This OUR Walmart thing must be real, Fletcher thought. He signed up but didn’t dare tell anyone, and for months the fear of being found out gnawed at him. And with good reason: Walmart strongly discourages the 1.4 million “associates” at its 4,601 US stores from organizing. The company has been known to shutter whole departments and even entire stores where unions make inroads. The result: The average associate earns $8.81 an hour, and many rely on food stamps and Medicaid.

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Walmart Workers Get Organized—Just Don’t Say the U-Word

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Obama’s Jobs Council Fail

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President Barack Obama’s jobs council, a panel formed in January 2011 to gather outside expertise on job creation, is set to expire Thursday. It appears unlikely that the president will renew it for another term, but experts say that the council has been such a loser that its death might actually be a good thing.

The jobs panel, officially called the President’s Council on Jobs and Competitiveness, is made up of 26 important people from industry, labor, and academia, and was “created to provide non-partisan advice to the President…on ways to create jobs, opportunity, and prosperity for the American people,” according to its website. But the panel failed to accomplish much over its two-year life span, and a lot of what it did turn out was more friendly to business than to regular people.

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Obama’s Jobs Council Fail

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Visit the Tiny Town Where Big Coal Will Meet Its Fate

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Last week Beijing saw its infamous smog thicken to unprecedented levels, driven largely by emissions from coal-fired power plants across China. In recent years coal from US mines has stoked more and more of these plants, in effect offshoring the health impacts of burning coal. This year, much of the US coal industry’s focus will be on pushing an unfolding campaign that seeks to dramatically ramp up the amount of coal we ship overseas.

Morrow County, Oregon, is a quintessientially green pocket of the Pacific Northwest. It’s capped by the Columbia River, which winds past the hipsters in Portland en route to the sea, often carrying schools of the salmon that have long been an economic staple for locals. But Morrow County could soon become a backdrop for the transformation of the US coal industry, if a planned loading zone for massive shipments of coal—harvested in the Powder River Basin in Montana and Wyoming, and packed into Asia-bound cargo ships—gets final approval.

Right now, local, state, and federal lawmakers are hammering out the details in what is unfolding as one of the biggest climate fights of 2013.

Chart by Tim McDonnell

The Port of Morrow, where coal would be transferred from inland trains onto outbound river barges in the small town of Boardman, is just one of five proposed new coal export terminals now under consideration in Oregon and Washington. If built, the terminals could more than double the amount of coal the US ships overseas, most of it bound for insatiable markets in China, India, South Korea, and a suite of other Asian nations.

It’s the next giant leap forward for the US coal industry, which has in recent years turned increasingly to the East as domestic demand dwindles and Obama-era clean air regulations make it next to impossible to build new coal-burning facilities at home. But Big Coal’s ability to sell its wares overseas is increasingly bottlenecked by maxed-out export facilities, most of which are on the Atlantic-facing East Coast, anyway, better situated for shipments to Hamburg than Hong Kong. So, says Brookings Institute energy analyst Charles Ebinger, building the new West Coast terminals could be a matter of life or death for US coal.

“There’s a lot of coal in the domestic market that can’t be utilized,” Ebinger says. “The Asian market is the fastest-growing coal market in the world. If we wish to continue to export coal these terminals are very important… whatever volume of coal we could export would find a market.”

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Visit the Tiny Town Where Big Coal Will Meet Its Fate

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Post-Election, The Obama Machine Goes to the Dark (Money) Side

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Barack Obama’s 2012 campaign was the most technologically advanced political operation in American history, a techie’s wet dream. The campaign, led by Jim Messina, amassed and distilled vast quantities of voter data, built apps and networks to mobilize voters and enlist volunteers, and practically perfected the science of email fundraising. Post-election, Messina and his lieutenants weren’t about to let their data files, email lists, algorithms, and grassroots machine simply gather dust. Instead, they will soon launch Organizing for Action, a standalone advocacy group created to bolster Obama as he pursues his second-term agenda. Messina wrote in an email to donors and staffers that the new group “will be a supporter-driven organization, as we’ve always been, staying true to our core principles: ‘respect, empower, include.'”

But there’s a rub: Organizing for Action will be formed under section 501(c)(4) of the tax code, and will not be required to disclose its donors. (The Los Angeles Times first reported this.) For context, Karl Rove’s dark-money juggernaut, Crossroads GPS, is a 501(c)(4), as is the Koch-backed national conservative group Americans for Prosperity. The decision to make Organizing for Action a dark-money nonprofit makes sense strategy-wise: as a nonprofit the new group can meet and coordinate with members of the Obama White House, which it couldn’t do as a super-PAC. But the decision flies in the face of Obama and the Democrats’ supposed commitment to transparency.

Obama has pledged to make his administration the most transparent in history. His reelection campaign also took steps to be open to the public, including the admirable move of disclosing all its super-fundraisers, or “bundlers,” each quarter, which it didn’t have to do. (Mitt Romney’s campaign did not name its bundlers.) But going the dark-money route leaves Organizing for America vulnerable to criticism. “It’s the right vehicle from a legal perspective, but it is breathtakingly hypocritical,” says Charles Spies, a Republican lawyer who ran the pro-Romney super-PAC Restore Our Future.

The new group will be used to mobilize Obama supporters around the key issues of Obama’s second term in office. Those issues include battles over raising the debt ceiling, gun control, and immigration reform. Alums of Obama’s 2008 campaign launched a similar post-election effort called Organizing for America, but it had little impact, especially on the defining policy fight of Obama’s first term, health-care reform.

Organizing for Action, the post-2012 project, will accept individual and corporate contributions, according to the Associated Press, but not money from lobbyists or political action committees. (That said, Team Obama has found ways to sidestep earlier restrictions on interacting with lobbyists.) The new group, which will be separate from the Democratic National Committee, claims it will voluntarily disclose its donors even though it is not legally required to do so.

That’s well and goodâ&#128;&#148;if it follows through with the disclosure pledge. But even then, Organizing for Action will be far less transparent than a super-PAC. Super-PACs can raise and spend unlimited amounts of money, but they must disclose all donations and all spending in a timely way. The type of nonprofit Organizing for Action wants to become is not required to disclose its spending in a timely wayâ&#128;&#148;it will detail its spending in IRS filings made available many months after the fact. And it’s unclear how often the group will release the names of its donors. Monthly? Quarterly? Annually?

Organizing for Action could, if it wanted, go above and beyond what the law requires by disclosing its donors and spending in real time. For now, it remains to be seen whether the new group will live up to the president’s transparency promises.

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Post-Election, The Obama Machine Goes to the Dark (Money) Side

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Greece’s Latest Fiscal Solution: Create an Ecological Crisis!

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The green crowd used to feel pretty rosy about Greece. After former Prime Minister George Papandreou was elected in 2009, he set up a government ministry to study the environment, energy, and climate change, and he talked up initiatives on eco-tourism and renewable energy. But now, after six years of recession, the country has begun buying into several new environmentally damaging development schemes to generate liquidity, the New York Times reports.

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Greece’s Latest Fiscal Solution: Create an Ecological Crisis!

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