This image comes from Carbon Credit Capital's article titled, "Alert: You Need to Avoid These Carbon Credit Scams", published July 10, 2019. The number one tip in this article is to:
"Take extra caution about forestry projects ... forestry projects are one of the most popular project types used by scammers to implement their fraud."
The OSU College of Forestry appears to have been the victim of a carbon credit scam. This page lays out the evidence we have collected so far, and it describes a Public Records request we are using to verify the existence and scope of this apparent scam.
Basically, we suspect the College of Forestry was taken in by an Advance Fee Scheme. The FBI's Advance Fee Schemes page says:
"An advance fee scheme occurs when the victim pays money to someone in anticipation of receiving something of greater value—such as a loan, contract, investment, or gift—and then receives little or nothing in return.
"The variety of advance fee schemes is limited only by the imagination of the con artists who offer them. They may involve the sale of products or services, the offering of investments, lottery winnings, “found money,” or many other “opportunities.”
In this case, the College paid hundreds of thousands of dollars in advance to consultants and staff in the expectation of qualifying the Elliott State Forest to sell Carbon Offset Credits through the California Air Resources Board's Compliance Offset Program:
"The Compliance Offsets Program is an important cost-containment element within the broader Cap-and-Trade Program. The California Air Resources Board issues ARB Offset Credits to qualifying projects that reduce or sequester greenhouse gases (GHG) pursuant to six Board-approved Compliance Offset Protocols."
We feel this was a scam because, as John Charles, Jr. discusses in more detail below, the Elliott State Forest doesn't qualify, according to the California ARB rules, for issuing ARB Offset Credits. Everyone involved in this carbon credit analysis either knew or should have known about the mismatch between the ARB rules and the Elliott's actual circumstances, so we feel they had a moral responsibility to stop promoting carbon credits as a likely source of significant ongoing revenue.
If we understand this scam correctly, it was also troublesome because it was based on taking money from Oregon's Common School Fund; that is, from our State's schoolchildren.
Not all-advance fee scams are illegal: Some just charge victims unreasonably high fees for future products or services of questionable value, and the victims get mislead into willingly going along with the arrangement. Also, the perpetrators might honestly believe they are providing useful services, even though outside observers would conclude otherwise.
The OSU College of Forestry billed the Department of State Lands $873,000 for writing the OSU Elliott State Research Forest proposal. This money was apparently derived from Oregon's Common School Fund. This pie chart summaries how the $873,000 was spent.
Dr. Bob Zybach and Dr. Dave Sullivan have spent more than a year asking for information -- both informally and with formal Public Records requests -- about how money is being spent, to whom, and for what, on Elliott State Forest planning. On January 21, 2021 we finally obtained an answer: Jackie Bangs, OSU’s Public Records Officer, released the $873,000 list of who received Common School Funds to write the OSU Elliott State Research Forest proposal. Given how difficult and time-consuming it was to finally receive this information, we find it curious that Ms. Bangs wrote:
"...because of the minimal staff time expended in production and the limited volume of the response, we are providing this document to you without charge."
The pie chart nearby summarizes how OSU spent the $873,000:
27% went to Tom Tuchmann through his US Forest Capital LLC business. The College of Forestry's Elliott Forest web page lists Mr. Tuchmann as the "Lead Contractor" in the Financial and Carbon Credit Workgroup.
25% went to Geoff Huntington. Mr. Huntington led the Elliott State Research Forest proposal effort within the College of Forestry until summer of 2020. This was about the time we believe the carbon-credit scam finally began to unravel. He then was hired by the Department of State Lands.
12% went to Portland State University, apparently to pay Oregon Consensus for collaboration and mediations services.
5% went to Applegate Forestry LLC, a business associated with former OSU faculty member Norm Johnson.
31% went to various other consultants, faculty, staff and students.
When a tree is destroyed -- whether by insects, fire, landslides, disease or old age -- its carbon is released back into the atmosphere through burning or decomposition. One effective way to prolong the capture of a tree's carbon is to cut the tree and preserve its carbon base in buildings or other structures as lumber, plywood or OSB. Over time these constructs will also burn or rot, making the effort to manage a forest for its carbon storage potential a zero sum game in the very long term. Foresters should know that, whether they believe the climate can be significantly affected by carbon storage or not.
This section provides an overview of why we are concerned about the moral basis of selling carbon credits for forestry.
The prestigious ProPublica organization has "Journalism in the Public Interest" as its motto. ProPublica has a team of more than 100 dedicated investigative journalists and has received three Pulitzer Prizes for the quality of its work.
ProPublica's Mission Statement is:
To expose abuses of power and betrayals of the public trust by government, business, and other institutions, using the moral force of investigative journalism to spur reform through the sustained spotlighting of wrongdoing.
That is precisely what we are trying to accomplish with the KeepTheChildrensForest.Org website.
The image at the top of this page comes from a ProPublica article titled, "An Even More Inconvenient Truth: Why Carbon Credits for Forest Preservation May Be Worse Than Nothing", by Lisa Song, May 22, 2019.
This entire article is worth reading, but here are relevant portions:
The appetite is global. For the airline industry and industrialized nations in the Paris climate accord, offsets could be a cheap alternative to actually reducing fossil fuel use.
But the desperate hunger for these carbon credit plans appears to have blinded many of their advocates to the mounting pile of evidence that they haven’t — and won’t — deliver the climate benefit they promise. ...
In case after case, I found that carbon credits hadn’t offset the amount of pollution they were supposed to, or they had brought gains that were quickly reversed or that couldn’t be accurately measured to begin with. Ultimately, the polluters got a guilt-free pass to keep emitting CO₂, but the forest preservation that was supposed to balance the ledger either never came or didn’t last.
Everyone agrees forests are a vital buffer against climate change. The question is whether their preservation should be linked to offsets that allow others to keep polluting. For this to work, ecologists told me “rock solid” accounting is necessary.
The math starts with an estimated baseline, a guess at what deforestation would look like without offsets. The more deforestation you anticipate, the more credits you generate, the more money you stand to make. It’s easy to game the system by nudging the numbers toward the bleakest alternative reality. ...
The uncertainties of carbon accounting, which get magnified by large-scale programs, are so nebulous, scientists don’t even know how much they don’t know.
Stanley Young, a spokesman for the [California Air Resources] board, told me California’s standard has built-in safeguards to avoid repeating mistakes. “We’re as aware as you are of how it has not worked in the past,” he said.
The standard requires programs to exceed protections in existing policies and to show a drastic reduction in deforestation. It requires that trees stay standing for 100 years.
John A. Charles, Jr., President and CEO, Cascade Policy Institute
This section contains thoughts written by John Charles, Jr. and submitted to the State Land Board prior to its December 8, 2020 meeting.
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The second assumed source of revenue [in the OSU Elliott State Research Forest proposal], carbon credits, is even more speculative. The proforma is not based on a detailed analysis of ESF [Elliott State Forest] timber stands. As stated in the narrative,
"Results are estimates. Actual credits available for registration require a carbon inventory, review of baseline assumptions by regulatory agencies and approval by California ARB.”
The ARB [California Air Resources Board] has approved the use of specific biomass equations generated by the US Forest Service Forest Inventory and Analysis (FIA) National Program to estimate biomass. All approved projects are required to use them. The equations differ depending on region as well as by tree type. These equations were not used in the draft research proposal in calculating biomass (which is then used to calculate carbon), nor are they referenced.
Instead, for biomass the proposal cites a 2003 national study by Jenkins et al. However, this is a national meta-analysis on hundreds of other equations and is not recommended for site specific use. Authors of the study state:
There is a “...clear variability in tree C allocation from site to site and from study to study...This variability makes it difficult to estimate tree biomass accurately even when a site-specific regression equation is used.”
“We found that many of the published equations were unusable for large-scale application because of inconsistencies in methodology and definitions, incomplete reporting of methods, lack of access to original data, and sampling from narrow segments of the population of trees in the United States. Our equations may be applied for large-scale analyses of biomass or carbon stocks and trends, but should be used cautiously at very small scales where local equations may be more appropriate."
Another substantial barrier is the concept of “additionality.” As noted in the ESRF proposal,
“Fundamentally, a landowner must sequester more carbon than would be sequestered under a business-as-usual approach.”
Since 2012, the “business-as-usual” approach on the ESF has been to harvest an annual average of 7 MMBF of timber. Since 2017, that has dropped to zero. Therefore, the 16.6 MMBF proposed in this concept paper is worse than the baseline, from the perspective of the California ARB. Why would California regulators spend taxpayer dollars in Oregon for the ESRF proposal when California residents are already getting a better carbon deal for free?
Moreover, any agreement with California would require that Oregon monitor and maintain tree stands for 100 years. Given the erratic behavior of the SLB [State Land Board] over just the past decade – including the bizarre rejection of a $220.8 million cash offer – it’s unlikely that California regulators would trust the Oregon SLB to hold up its end of the contract for 100 years.
Finally, the concept paper provides two scenarios for obtaining carbon credit financing, based on the type of ownership. As explained in the concept paper,
“The private protocol yields harvest levels that result in an average stocking equal to the common practice metric. The public protocol is so restrictive that the carbon offsets generated are about one fifth of the private protocol. The main reason the public protocol generates fewer credits than the private protocol is because ARB’s baseline requirements for the two protocols are different.”
The high-bound assumption of carbon credit revenue assumes that the “OSU ownership structure allows for use of private protocol.” Why is this being assumed? The concept paper is replete with statements that the ESF will remain a public asset with public governance. All of the political factors that have resulted in the ESF becoming a net liability to school beneficiaries over the past decade will still apply. There is no reason to create a high-bound assumption of revenue based on private protocol when the ESF is not a private asset.
This window contains the complete full-text version of John Charles' comments to the State Land Board.