On Aug. 13, ExxonMobil pleaded guilty in federal court to killing 85 birds that had come into contact with crude oil or other pollutants in uncovered tanks or waste-water facilities on its properties. The birds were protected by the Migratory Bird Treaty Act, which dates back to 1918. The company agreed to pay $600,000 in fines and fees.

ExxonMobil is hardly alone in running afoul of this law. Over the past two decades, federal officials have brought hundreds of similar cases against energy companies. In July, for example, the Oregon-based electric utility PacifiCorp paid $1.4 million in fines and restitution for killing 232 eagles in Wyoming over the past two years. The birds were electrocuted by poorly-designed power lines.

A July 2008 study of the wind farm at Altamont Pass, Calif., estimated that its turbines kill an average of 80 golden eagles per year. The study, funded by the Alameda County Community Development Agency, also estimated that about 10,000 birds—nearly all protected by the migratory bird act—are being whacked every year at Altamont.

Altamont's turbines, located about 30 miles east of Oakland, Calif., kill more than 100 times as many birds as Exxon's tanks, and they do so every year. But the Altamont Pass wind farm does not face the same threat of prosecution, even though the bird kills at Altamont have been repeatedly documented by biologists since the mid-1990s.

The New York Times [no link], for all its problems, can still do good reporting, one example being its coverage of unions using environmental regulations in California to try to pressure developers into signing "agreements pledging to use union labor."

"If they refuse," reports Todd Woody, "they say they can count on union groups to demand costly environmental

The difference in unions using greenmail and blackmail, says Sherk, is that in greenmail "unions use government bureaucrats instead of armed thugs to intimidate businesses." And "it happens repeatedly."

Companies that are victims of greenmail should stand up to union shakedowns. While refusing to unionize won't allow companies to avoid the snarl of environmental rules, it will improve their chances to operate their businesses at lower costs and provide investors with better returns.

The reports describe a fraternity house atmosphere inside the Denver Minerals Management Service office responsible for marketing oil and natural gas that energy companies barter to the government in lieu of cash royalty payments for drilling on federal lands. The government received $4.3 billion in such royalty-in-kind payments last year. The oil and gas is then resold to energy companies or put in the nation's emergency stockpile.
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One of the reports claims that the former head of the Denver royalty-in-kind office, Gregory W. Smith, purchased cocaine from a co-worker, and one occasion had it delivered to the office. He also allegedly had oral sex with subordinates. The report also said Smith steered government contracts to Geomatrix Consultants Inc. and used government databases and e-mail accounts to conduct business for the company, which paid him $30,000 for his work from April 2002 through June 2003. Smith retired from the office in May 2007.

...Obama promises a $1,000 check for every family, financed by a "windfall profits" tax on oil companies. Obama is unintimidated by the rule against legislating about subjects one cannot define.

Obama thinks government is not getting a "reasonable share" of oil companies' profits, which in 2007 were, as a percentage of revenue (8.3 percent), below those of U.S. manufacturing generally (8.9 percent). Exxon Mobil pays almost as much in corporate taxes to various governments as the bottom 50 percent of American earners pay in income taxes. Exxon Mobil does make $1,400 a second in profits -- hear the sharp intakes of breath from liberals with pursed lips -- but pays $4,000 a second in taxes and $15,000 a second in operating costs.