Federal Investigation Sought into Radio Stations Airing False Ads on Carbon Standards

FCC Letter Signed by National Groups and Organizations in AR, CO, MI, PA, IA, ID, MT, NC, OR, WI

WASHINGTON (June 11, 2014) – More than two dozen national and state organizations are urging the Federal Communications Commission to investigate 23 radio stations in five states that are airing a widely discredited radio advertisement critical of the first-ever proposed carbon pollution standards.

In a letter sent today, the Natural Resources Defense Council and others said that despite repeated requests that the stations pull the controversial ad, it remains on the air.

“We request that the FCC investigate whether the radio stations running this misleading advertisement are properly serving their communities,” the groups wrote, noting that the FCC has advised broadcasters to ensure ads on their stations are not false.

The ad—paid for by the National Mining Association and running on stations in Arkansas, Colorado, Indiana, Michigan and Pennsylvania—makes deceptive statements about newly proposed federal limits on dangerous carbon pollution from power plants. This ad earned –four Pinocchios – from Washington Post fact checkers, who gave it their maximum rating because they found the ad to be “wholly unsupported” and “bogus.”

The full text of the letter follows:

June 11, 2014

Chairman Tom Wheeler
Commissioners Mignon Clyburn, Jessica Rosenworcel, Ajit Pai and Michael O’Rielly
Federal Communications Commission
445 12th Street SW
Washington, D.C. 20536


Dear Chairman Wheeler and Commissioners Clyburn, Rosenworcel, Pai, and O’Rielly:

We write to ask you to investigate 23 radio stations that continue to run a false and misleading radio advertisement, sponsored by the National Mining Association (NMA), despite extensive and detailed critiques of the ad. The ad is airing in five states: Arkansas, Colorado, Indiana, Michigan and Pennsylvania. We have sent multiple letters over the last three weeks to the respective stations’ managers, requesting that the radio stations cease airing the NMA radio ads, but these requests have gone unanswered. We ask that the Federal Communications Commission initiate an investigation into the licensees airing the deceptive NMA radio advertisement.

The central claim of the National Mining Association ad, which has been determined to be false by independent researchers, is an inaccurate and duplicitous statement about the impact of proposed clean air standards. The Washington Post fact checkers called the NMA ad claims “bogus,” “hyped,” and “wholly unsupported.” They concluded that “the ad does not pass the laugh test” and assigned the ad “four Pinocchios,” their worst rating. In addition, the Denver Post declared that the radio ad “flunks the truth test.” Both articles are attached for your review.

The National Mining Association has attempted to defend its deceptive ad against The Washington Post's analysis, but in doing so has simply created more misleading claims. Attached to this letter is a point by point refutation of the flawed arguments in NMA’s most recent letter.

The FCC has advised broadcasters that they are “to be responsible to the community they serve and act with reasonable care to ensure that advertisements aired on their stations are not false or misleading.” We request that the FCC investigate whether the radio stations running this misleading advertisement are properly serving their communities.


Natural Resources Defense Council


Arkansas Sierra Club

Center for Biological Diversity

Clean Wisconsin

Climate Parents

Climate Solutions

Earth Day Network

Environment America

Environment Michigan

Environmental Defense Fund

Forecast the Facts

Greenpeace USA

Interfaith Power & Light

Iowa Environmental Council

Iowa Interfaith Power & Light

League of Conservation Voters

Michigan Environmental Council

Montana Environmental Information Center

Oregon Environmental Council


Protect Our Winters

Public Citizen

Re-Volt Pueblo

Snake River Alliance

Southern Environmental Law Center


Western North Carolina Alliance



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