Wednesday, September 23, 2009

Here's something to aspire to:

Green Buildings: Is Your City in the Top Ten?

The U.S. Green Building Council ranked cities across the country with the most LEED certified green buildings. A total of 88 green buildings makes Chicago number one. Portland and Seattle follow with 73 and 63 green buildings respectively.

This list, however, is not comprised of just major cities. Grand Rapids, MI made the top ten with 44 LEED certified buildngs, surpassing both Los Angeles and Boston.


Following are the top 10 U.S. cities, ranked by LEED certified buildings:

1. Chicago--88.

2. Portland, Or.--73. 

3. Seattle--63.

4. Washington, D.C.--57.

5. Atlanta--53.

6. San Francisco--50.

7. New York City--46.

8. Grand Rapids, Mich.--44.

9. Los Angeles--40.

10. Boston--38.

September 23, 2009 in Air Quality, Climate Change, Current Affairs, Economics, Energy, Environmental Assessment, Governance/Management, Land Use, Sustainability, US | Permalink | TrackBack (0)

Wednesday, September 16, 2009

New CAFE-GHG Proposal

The Obama administration on Tuesday formally proposed joint CAFE-CAA fuel efficiency standards for cars and trucks that link fuel economy to reduced emissions from vehicles.  Manufacturers would need to increase fuel economy 5 percent per year from 2012 to 2016, with new cars and trucks averaging 35.5 miles per gallon by 2016.  Alternatively, manufacturers must meet a requirement that their vehicles on average emit no more than 250 grams of carbon dioxide per mile. With current technology, the measures are essentially equivalent.  Current CAFE standards require that cars average 27.5 miles per gallon and light trucks average 23.1 miles per gallon.  Download 2012-2016_CAFE_GHGN_PRM  EPA Administrator Lisa P. Jackson estimates the proposed regulations would save 1.8 billion gallons of oil between 2012 and 2016, and prevent greenhouse-gas equivalent to the output of 42 million cars.

According to the Washington Post, Washington Post story President Obama appeared at a General Motors plant in Lordstown, Ohio, claiming the proposal is a boon for both the environment and the automobile industry because "it will give our auto companies some long-overdue clarity, stability and predictability." The Alliance of Auto Manufacturers, the industry trade group, supported Obama's remarks, stating "This is really the road map for automakers to follow."  AAM estimated that the required changes would cost the auto industry $60 billion by 2016, but did not provide an estimate of price increase that consumers would experience..    

The proposal, if finalized in a timely manner -- i.e. before Copenhagen -- is a victory on one front of the battle to reduce U.S. greenhouse gas emissions.  The other front is the legislation to cap GHGs from stationary sources such as utility and industrial powerplants.  According to the Washington Post, Senate Majority Leader Harry M. Reid (D-Nev.) said yesterday that the Senate may not act on climate legislation until next year. The Obama administration, of course, could pressure Congress by proceeding to regulate GHGs under the existing Clean Air Act through calling for new State Implementation Plans, requiring New Source Review permits impose LAER and BACT for GHG, and imposing New Source Performance Standards for GHG.  However, the Administration is unlikely to play chicken with Congress absent proof that Congress is truly dragging its feet.

The Supreme Court in Massachusetts v. EPA almost 2 1/2 years ago determined that EPA has the power to regulate greenhouse gases from vehicles, prompting yesterday's action.

See the press release below:

CONTACT:

EPA: Cathy Milbourn

milbourn.cathy@epa.gov

202-564-7849

202-564-4355

 

DOT: Rae Tyson

202-366-9550

 

FOR IMMEDIATE RELEASE

September 15, 2009

 

DOT Secretary Ray LaHood and EPA Administrator Lisa P. Jackson Propose National Program to Improve Fuel Economy and Reduce Greenhouse Gases

 

New Interagency Program to Address Climate Change and Energy Security

 

WASHINGTON – U.S. Department of Transportation (DOT) Secretary Ray LaHood and U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson today jointly proposed a rule establishing an historic national program that would improve vehicle fuel economy and reduce greenhouse gases.  Their proposal builds upon core principles President Obama announced with automakers, the United Auto Workers, leaders in the environmental community, governors and state officials in May, and would provide coordinated national vehicle fuel efficiency and emissions standards.  The proposed program would also conserve billions of barrels of oil, save consumers money at the pump, increase fuel economy, and reduce millions of tons of greenhouse gas emissions.

 

“American drivers will keep more money in their pockets, put less pollution into the air, and help reduce a dependence on oil that sends billions of dollars out of our economy every year,” said EPA Administrator Lisa P. Jackson.  “By bringing together a broad coalition of stakeholders – including an unprecedented partnership with American automakers we have crafted a path forward that is win-win for our health, our environment, and our economy. Through that partnership, we’ve taken the historic step of proposing the nation’s first ever greenhouse gas emissions standards for vehicles, and moved substantially closer to an efficient, clean energy future.”

 

“The increases in fuel economy and the reductions in greenhouse gases we are proposing today would bring about a new era in automotive history,” Transportation Secretary Ray LaHood said. “These proposed standards would help consumers save money at the gas pump, help the environment, and decrease our dependence on oil – all while ensuring that consumers still have a full range of vehicle choices.”

 

Under the proposed program, which covers model years 2012 through 2016, automobile manufacturers would be able to build a single, light-duty national fleet that satisfies all federal requirements as well as the standards of California and other states. The proposed program includes miles per gallon requirements under NHTSA’s Corporate Average Fuel Economy Standards (CAFE) program and the first-ever national emissions standards under EPA’s greenhouse gas program. The collaboration of federal agencies for this proposal also allows for clearer rules for all automakers, instead of three standards (DOT, EPA, and a state standard).

 

Specifically, the program would:

 

·         Increase fuel economy by approximately five percent every year

·         Reduce greenhouse gas emissions by nearly 950 million metric tons

·         Save the average car buyer  more than $3,000 in fuel costs

·         Conserve 1.8 billion barrels of oil

 

Increase Fuel Economy and Reduce Carbon Dioxide Emissions:

The proposed national program would require model year 2016 vehicles to meet an estimated combined average emission level of 250 grams of carbon dioxide per mile. Under the proposed program, the overall light-duty vehicle fleet would reach 35.5 miles per gallon (mpg) in model year 2016, if all reductions were made through fuel economy improvements. If this occurs, Congress’ fuel economy goal of 35.0 mpg by 2020 will be met four years ahead of schedule. This would surpass the CAFE law passed by Congress in 2007, which required an average fuel economy of 35 mpg in 2020.

Reduce Greenhouse Gases:

Climate change poses a significant long-term threat to America’s environment. The vehicles subject to the proposed rules announced today are responsible for almost 60 percent of all U.S. transportation-related greenhouse gas emissions. These will be the nation’s first ever national greenhouse gas standards. The proposed standards would require model year 2016 vehicles to meet an estimated combined average emission level of 250 grams of carbon dioxide per mile under EPA’s greenhouse gas program. The combined EPA and NHTSA standards would reduce carbon dioxide emissions from the light-duty vehicle fleet by about 21 percent in 2030 over the level that would occur in the absence of any new greenhouse gas or fuel economy standards. The greenhouse gas emission reductions this program would bring about are equivalent to the emissions of 42 million cars.

 

Save Consumers Money:

NHTSA and EPA estimate that U.S. consumers who purchase their vehicle outright would save enough in lower fuel costs over the first three years to offset the increases in vehicle costs. Consumers would save more than $3,000 due to fuel savings over the lifetime of a model year 2016 vehicle. 

 

Conserve Oil and Increase Energy Security:

The light-duty vehicles subject to this proposed National Program account for about 40 percent of all U.S. oil consumption. The program will provide important energy security benefits by conserving 1.8 billion barrels of oil, which is twice the amount of oil (crude oil and products) imported in 2008 from the Persian Gulf countries, according to the Department of Energy’s Energy Information Administration Office. These standards also provide important energy security benefits as light-duty vehicles account for about 60 percent of transportation oil use.

 

Within the Auto Industry’s Reach:

EPA and NHTSA have worked closely to develop this coordinated joint proposal and have met with many stakeholders including automakers to insure the standards proposed today are both aggressive and achievable given the current financial state of the auto industry. 

 

NHTSA and EPA expect automobile manufacturers would meet these proposed standards by improving engine efficiency, transmissions and tires, as well as increasing the use of start-stop technology and improvements in air conditioning systems. EPA and NHTSA also anticipate that these standards would promote the more widespread use of advanced fuel-saving technologies like hybrid vehicles and clean diesel engines.

 

NHTSA and EPA are providing a 60-day comment period that begins with publication of the proposal in the Federal Register. The proposal and information about how to submit comments are at: http://www.epa.gov/otaq/climate/regulations.htm for EPA and http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.43ac99aefa80569eea57529cdba046a0/

for NHTSA.

 

Draft Environmental Impact Statement:

NHTSA has prepared a Draft Environmental Impact Statement (EIS) for the proposed CAFE standards.  The Draft EIS compares the environmental impacts of the agency’s proposal and reasonable alternatives.  NHTSA is providing a 45-day comment period on the Draft EIS.  Information on the submission of comments is provided at the above NHTSA Web address.

     

September 16, 2009 in Air Quality, Climate Change, Current Affairs, Economics, Energy, Governance/Management, Law, Sustainability, US | Permalink | Comments (0) | TrackBack (0)

Thursday, September 3, 2009

World Council of Churches Statement on Eco-Justice and Ecological Debt

Many of us attempt to bring ethical perspectives to bear on issues raised by our classes in addition to ecological and economic perspectives.  Although it may be a bit late for those of you who have already started class, here is the most recent statement by the World Council of Churches on eco-justice and ecological debt.  In a related, but fascinating, note, the WCC as part of its current  programme work on poverty, wealth and ecology is attempting to articulate a consumption and greed line -- in addition to the more typical poverty line.  This would provide practical spiritual guidance on when, in Christian terms, too much is too much.  Check it out!!!


WCC Statement on eco-justice and ecological debt

02.09.09

The World Council of Churches (WCC) Central Committee adopted a "Statement on eco-justice and ecological debt" on Wednesday, 2 Sept. The statement proposes that Christians have a deep moral obligation to promote ecological justice by addressing our debts to peoples most affected by ecological destruction and to the earth itself. The statement addresses ecological debt and includes hard economic calculations as well as biblical, spiritual, cultural and social dimensions of indebtedness.

 The statement identifies the current unprecedented ecological crises as being created by humans, caused especially by the agro-industrial-economic complex and the culture of the North, characterized by the consumerist lifestyle and the view of development as commensurate with exploitation of the earth's so-called "natural resources". Churches are being called upon to oppose with their prophetic voices such labeling of the holy creation as mere "natural resources".

 The statement points out that it is a debt owed primarily by industrialized countries in the North to countries of the South on account of historical and current resource-plundering, environmental degradation and the dumping of greenhouse gases and toxic wastes.

In its call for action the statement urges WCC member churches to intervene with their governments to drastically reduce greenhouse gas emissions and to adopt a fair and binding deal at the UN climate conference in Copenhagen in December 2009, in order to bring the CO2 levels down to less than 350 parts per million (ppm).

 Additionally the statement calls upon the international community to ensure the transfer of financial resources to countries of the south to refrain from oil drilling in fragile environments. Further on, the statement demands the cancellation of the illegitimate financial debts of the southern countries, especially for the poorest nations as part of social and ecological compensation.

In a 31 August hearing on "ecological debt" during the WCC Central Committee meeting in Geneva, Dr Maria Sumire Conde from the Quechua community of Peru shared some ways that the global South has been victimized by greed und unfair use of its resources. In the case of Peru, Sumire said mining has had particularly devastating effects, such as relocation, illness, polluted water,and decreasing biodiversity.

 The concept of ecological debt has been shaped to measure the real cost that policies of expansion and globalization have had on developing nations, a debt that some say industrialized nations should repay. Dr Joan Martinez Alier, a professor at the Universidad Autònoma de Barcelona in Spain, said climate change, unequal trade, "bio-piracy", exports of toxic waste and other factors have added to the imbalance, which he called "a kind of war against people around the world, a kind of aggression."

 Martinez went on saying: "I know these are strong words, but this is true." He beseeched those present, at the very least not to increase the existing ecological debt any further.

 The WCC president from Latin America, Rev. Dr Ofelia Ortega of Cuba, said ecological debt was a spiritual issue, not just a moral one. "The Bible is an ecological treatise" from beginning to end, Ortega said. She described care for creation as an "axis" that runs through the word of God. "Our pastoral work in our churches must be radically ecological," she said.

 Full text of the statement

 More on the 31 August hearing on ecological debt

 WCC countdown to climate justice

WCC programme work on poverty, wealth and ecology

More information on the 26 August - 2 September 2009 Central Committee meeting

 

September 3, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Climate Change, Current Affairs, Economics, Energy, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Religion, South America, Sustainability, US, Water Quality, Water Resources | Permalink | Comments (0) | TrackBack (0)

Sunday, May 3, 2009

Total emisions approach - accurate but not novel and a flawed basis for policy

As this report on the new studies published in Nature indicates, the global warming problem is and always has been understood to be a matter of the total loadings of GHG emissions in the atmosphere, not a matter of timing.  The timing of the GHG emissions only matters over the course of centuries because eventually greenhouse gases emitted into the atmosphere decompose.  I don't think that anyone familiar with climate policy has ever believed otherwise.  So, on that score the new studies are not new, but they may alter how the problem is conceptualized for policy purposes.

Policy cannot simply divide the total allowable emissions among nations and be done with it.  First, absent intermediate goals tied to deadlines, countries cannot monitor each others compliance with reduction targets.  Second, it creates a tendency for nations to believe that they can just wait until 2050 or whatever when technology will save them and voila they will become carbon neutral.  Our experience in the Clean Air Act attainment with NAAQS was that, faced with a deadline and no requirement for annual progress, states just planned to do something at the last moment and when their plans didn't work, they threw up their hands and said, "OH well." 

We cannot afford to use that model of regulation with respect to climate.  Instead, we need to use technology-forcing technology based standards (e.g. no new coal plants without CSS; CSS retrofit for existing fossil-fuel plants by 2020) along with streamlining the ability of renewables to come online and planning ala the 1990 Clean Air Act amendments with annual progress requirements and contingency measures built into the plan.  Those approaches would be far more successful than the "consume up to the last moment" strategy that may be encouraged by the total emissions approach.

Lawyers have to leave science to the scientists and use extreme care when they are working on a cross-disciplinary basis.  But scientists need to be just as wary of providing policy concepts unencumbered by an understanding of past performance of various regulatory approaches.


From: Naomi Antony, Science and Development Network

Published April 30, 2009 10:40 AM
Scientists put carbon ceiling at a trillion tonnes

Scientists hope a new approach to assessing carbon build-up in the atmosphere will simplify issues
for policymakers and economists. Two papers published in Nature today (29 April) show that the
timings of carbon emissions are not relevant to the debate — it is the total amount of carbon dioxide
emitted over hundreds of years that is the key issue.

Rather than basing negotiations on short-term goals such as emission rates by a given year,
the researchers say the atmosphere can be regarded as a tank of finite size which we must not
overfill if we want to avoid a dangerous temperature rise.

Climate policy has traditionally concentrated on cutting emission rates by a given year, such as
2020 or 2050, without placing these goals within the overall context of needing to limit cumulative
emissions.

Both papers analyse how the world can keep the rise in average surface temperatures
down to no more than two degrees Celsius above pre-industrial levels. This figure is
widely regarded as the threshold beyond which the risk of dangerous climate change
rapidly increases. Policymakers around the world have adopted this limit as a goal.

The first study, led by Myles Allen from the University of Oxford, UK, found that
releasing a total of one trillion tonnes of carbon dioxide into the atmosphere
between 1750 and 2500 would cause a "most likely" peak warming of two degrees
Celsius. Emissions to 2008 have already released half of this. Allen said in a
press briefing this week (27 April): "It took 250 years to burn the
first half trillion tonnes and, on current predictions, we'll burn the next half
trillion in less than 40 years."

The second study, led by Malte Meinshausen at the Potsdam Institute for Climate
Impacts Research, Germany, used a computer model to demonstrate that to avoid
exceeding two degrees Celsius by 2100, cumulative carbon emissions must not exceed
0.9 trillion tonnes. "We have already emitted a third of a trillion in just the past nine years,"
Meinshausen says.

David Frame, a co-author of the Allen paper and researcher at the University of
Oxford, said that these findings make the problem "simpler" than it's often
portrayed. "[The findings] treat these emissions ... as an exhaustible resource. For
economists, this way of looking at the problem will be a huge simplification," Frame
said. "Basically, if you burn a tonne of carbon today, then you can't burn it tomorrow
" you've got a finite stock. It's like a tank that's emptying far too fast
for comfort. If country A burns it, country B can't. It forces everyone to consider
the problem as a whole."

In a separate essay, Stephen Schneider of the Woods Institute for the Environment at
Stanford University in the United States, discusses what a world with 1,000 parts
per million of carbon dioxide in its atmosphere might look like.

This article is reproduced with kind permission of the
Science and Development Network (SciDev.Net).
For more news and articles, visit www.scidev.net.



Nature Abstract of Allen letter:

Warming caused by cumulative carbon emissions towards the trillionth tonne

Myles R. Allen1, David J. Frame1,2, Chris Huntingford3, Chris D. Jones4, Jason A. Lowe5, Malte Meinshausen6 & Nicolai Meinshausen7

  1. Department of Physics, University of Oxford, OX1 3PU, UK
  2. Smith School of Enterprise and the Environment, University of Oxford, OX1 2BQ, UK
  3. Centre for Ecology and Hydrology, Wallingford, OX10 8BB, UK
  4. Met Office Hadley Centre, FitzRoy Road, Exeter, EX1 3PB, UK
  5. Met Office Hadley Centre (Reading Unit), Department of Meteorology, University of Reading, RG6 6BB, Reading, UK
  6. Potsdam Institute for Climate Impact Research, 14412 Potsdam, Germany
  7. Department of Statistics, University of Oxford, OX1 3TG, UK

Correspondence to: Myles R. Allen1 Correspondence and requests for materials should be addressed to M.R.A. (Email: myles.allen@physics.ox.ac.uk).

Top

Global efforts to mitigate climate change are guided by projections of future temperatures1. But the eventual equilibrium global mean temperature associated with a given stabilization level of atmospheric greenhouse gas concentrations remains uncertain1, 2, 3, complicating the setting of stabilization targets to avoid potentially dangerous levels of global warming4, 5, 6, 7, 8. Similar problems apply to the carbon cycle: observations currently provide only a weak constraint on the response to future emissions9, 10, 11. Here we use ensemble simulations of simple climate-carbon-cycle models constrained by observations and projections from more comprehensive models to simulate the temperature response to a broad range of carbon dioxide emission pathways. We find that the peak warming caused by a given cumulative carbon dioxide emission is better constrained than the warming response to a stabilization scenario. Furthermore, the relationship between cumulative emissions and peak warming is remarkably insensitive to the emission pathway (timing of emissions or peak emission rate). Hence policy targets based on limiting cumulative emissions of carbon dioxide are likely to be more robust to scientific uncertainty than emission-rate or concentration targets. Total anthropogenic emissions of one trillion tonnes of carbon (3.67 trillion tonnes of CO2), about half of which has already been emitted since industrialization began, results in a most likely peak carbon-dioxide-induced warming of 2 °C above pre-industrial temperatures, with a 5–95% confidence interval of 1.3–3.9 °C.

  1. Department of Physics, University of Oxford, OX1 3PU, UK
  2. Smith School of Enterprise and the Environment, University of Oxford, OX1 2BQ, UK
  3. Centre for Ecology and Hydrology, Wallingford, OX10 8BB, UK
  4. Met Office Hadley Centre, FitzRoy Road, Exeter, EX1 3PB, UK
  5. Met Office Hadley Centre (Reading Unit), Department of Meteorology, University of Reading, RG6 6BB, Reading, UK
  6. Potsdam Institute for Climate Impact Research, 14412 Potsdam, Germany
  7. Department of Statistics, University of Oxford, OX1 3TG, UK

Correspondence to: Myles R. Allen1 Correspondence and requests for materials should be addressed to M.R.A. (Email: myles.allen@physics.ox.ac.uk).









																	
									
									

May 3, 2009 in Air Quality, Climate Change, Current Affairs, Economics, Energy, Governance/Management, International, Law, Legislation, Physical Science, Sustainability | Permalink | Comments (2) | TrackBack (0)

Tuesday, April 28, 2009

Findlaw environmental case summaries February 2009

Table of Contents - February 23rd - 27th

ENVIRONMENTAL LAW CASES

• US v. Holden
• Sierra Club v. EPA
• Am. Farm Bureau Fed. v. EPA

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U.S. 6th Circuit Court of Appeals, February 24, 2009
US v. Holden, No. 07-5573, 07-5574
Defendants' conviction for impeding an EPA investigation was affirmed, where the District Court did not abuse its discretion by excluding evidence of a witness's drug use that did not clearly affect his ability to recall events. Read more...

U.S. 6th Circuit Court of Appeals, February 26, 2009
Sierra Club v. EPA, No. 07-4485
A petition for review of the EPA's decision not to object to a power plant's air-pollution permit is denied where the EPA may alter its position about a power plant's compliance with the Clean Air Act based on intervening events. Read more...

U.S. D.C. Circuit Court of Appeals, February 24, 2009
Am. Farm Bureau Fed. v. EPA, No. 06-1410
Petition for review of EPA air quality standards is granted in part and denied in part, where the EPA failed to adequately explain why its fine particulate matter standard was "requisite to protect the public health" under 42 U.S.C. section 7409(b)(1). Read more...

Table of Contents - February 9-13th

ENVIRONMENTAL LAW CASES

• Ohio Valley Env't Coalition v. Aracoma Coal Co.
• Friends of Milwaukee v. Milwaukee Metro. Sewerage Dist.
• Hill v. Gould

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U.S. 4th Circuit Court of Appeals, February 13, 2009
Ohio Valley Env't Coalition v. Aracoma Coal Co., No. 071355
In challenge to the Army Corps of Engineers' issuance of permits allowing the filling of West Virginia stream waters in conjunction with area surface coal mining operations, grant of judgment in favor of plaintiffs is reversed and remanded where: 1) the Corps did not act arbitrarily or capriciously in determining the scope of its National Environmental Policy Act analysis; 2) findings regarding stream structure and function, mitigation, or cumulative impacts were not an "abuse of discretion" or "not in accordance with law," 5 U.S.C. section 706(2) (2000); 3) Combined Decision Documents issued with each permit included substantial analysis and explanation about the Corps' impact findings which were within the agency's special expertise and were based on Corps staff's best professional judgment; 4) compensatory mitigation plans contained in the CDDs for the challenged permits were sufficient both for purposes of satisfying the Corps' requirements under the Clean Water Act and ! for justifying issuance of a mitigated finding of no significant impact under NEPA; 5) Corps did not act arbitrarily or capriciously in conducting its required cumulative impact analysis; 6) stream segments, together with the sediment ponds to which they connect, are unitary "waste treatment systems," not "waters of the United States," and the Corps' did not exceed its section 404 authority in permitting them; 7) plaintiff's stream segments claim was not barred by principles of res judicata; and 8) Corps' interpretations of its authority was reasonable in light of the CWA and entitled to deference. Read more...

U.S. 7th Circuit Court of Appeals, February 13, 2009
Friends of Milwaukee v. Milwaukee Metro. Sewerage Dist., No. 081103
In a citizens' suit against defendant-sewer district under the Federal Water Pollution Control Act (Clean Water Act) alleging that certain sanity sewer overflows that occurred were violations of defendant's CWA permit and of the CWA itself, dismissal of plaintiffs' suit is affirmed over claims that: 1) the district court violated court mandate by not "considering and giving due weight to post-stipulation violations of the Act; 2) had the district court considered post-stipulation events it would have had no choice but to find that the 2002 Stipulation did not constitute diligent prosecution by Wisconsin Department of Natural Resources (WDNR); and 3) the district court erred by refusing to admit and consider the letter from the EPA to the WDNR. Read more...

U.S. D.C. Circuit Court of Appeals, February 13, 2009
Hill v. Gould, No. 07-5026
Denial of an application to recover appellant's attorney's fees and expenses under the Equal Access to Justice Act, brought after she won a lawsuit against the Secretary of the Interior, is affirmed where the Secretary's position at the merits stage was substantially justified. Read more..




April 28, 2009 in Air Quality, Cases, Energy, Environmental Assessment, Law, Mining, Sustainability, US, Water Quality, Water Resources | Permalink | TrackBack (0)

Findlaw environmental case summaries March 2009

Table of Contents - March 16-29th

ENVIRONMENTAL LAW CASES

• Trout Unlimited v. Lohn
• Natural Resources Def. Coun. v. EPA

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U.S. 9th Circuit Court of Appeals, March 16, 2009
Trout Unlimited v. Lohn, No. 07-35623
In a challenge to a National Marine Fisheries Service (NMFS) regulation distinguishing between natural and hatchery-spawned salmon and steelhead when determining the level of protection each species should receive under the Endangered Species Act, the majority of District Court's rulings are affirmed where NMFS decisions were not arbitrary, but reversed where summary judgment to Plaintiff was erroneous. Read more...

U.S. D.C. Circuit Court of Appeals, March 20, 2009
Natural Resources Def. Coun. v. EPA, No. 07-1151
Petitioner's petition for review of EPA air quality regulations is denied, where: 1) Petitioner failed to object to the EPA's definition of "natural event" during the rulemaking process; and 2) the preamble to the regulations was not a final agency action, and thus was not reviewable under the Clean Air Act. Read more...

Table of Contents - March 9 - 15th

ENVIRONMENTAL LAW CASES

• Am. Bird Conservancy v. Kempthorne
• Dallas v. Hall
• Hempstead County Hunting Club v. Southwestern Electric Power
• Washington v. Chu
• Delaware Dept. of Natural Res. & Envt'l. Ctrl. v. FERC
• Eastern Niagara Pub. Pwr. Alliance & Pub. Pwr. Coal. v. FERC
• State of California v. Allstate Ins. Co.
• People v. Tri-Union Seafoods, LLC

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U.S. 3rd Circuit Court of Appeals, March 11, 2009
Am. Bird Conservancy v. Kempthorne, No. 07-4609
In an action involving environmental rulemaking, dismissal of plaintiff's complaint for lack of subject matter jurisdiction is affirmed where the challenge to the denial by the Fish and Wildlife Service to undertake an emergency rulemaking listing the red knot species of bird endangered, is rendered moot by the publication of the warranted but precluded by higher priority listing in the periodic Candidate Notice of Review. Read more...

U.S. 5th Circuit Court of Appeals, March 12, 2009
Dallas v. Hall, No. 08-10890
In an action by a city against the Fish & Wildlife Service based on the agency's establishment of a conservation easement on the city's land, summary judgment for Defendant is affirmed, where the FWS considered a reasonable range of alternatives before creating the easement, and was not required to consider the impact on a potential water source. Read more...

U.S. 8th Circuit Court of Appeals, March 12, 2009
Hempstead County Hunting Club v. Southwestern Electric Power , No. 08-2613
In an environmental action, appeal of a denial of a preliminary injunction to halt preconstruction activities for defendant's failure to obtain the permit required by the Clean Air Act is dismissed as moot where defendant has since received the Clean Air Act permit and lawfully begun construction at the site. Read more...

U.S. 9th Circuit Court of Appeals, March 10, 2009
Washington v. Chu, No. 06-35227
In an action by the state of Washington against the Department of Energy for violation of hazardous waste management regulations, summary judgment for Plaintiff is affirmed, where the Washington Hazardous Waste Management Act plainly exempts designated nuclear waste from the storage and land-disposal prohibitions "with respect to WIPP" only. Read more...

U.S. D.C. Circuit Court of Appeals, March 13, 2009
Delaware Dept. of Natural Res. & Envt'l. Ctrl. v. FERC, No. 07-1007
Petitioner state agency's petition for review of FERC's approval of an application to operate a natural gas site is dismissed, where Petitioner lacked standing to challenge the order because it was expressly conditioned on Petitioner's approval. Read more...

U.S. D.C. Circuit Court of Appeals, March 13, 2009
Eastern Niagara Pub. Pwr. Alliance & Pub. Pwr. Coal. v. FERC, No. 07-1472
Petitioner's petition for review of the Federal Energy Regulatory Commission's (FERC) approval of a state agency's license to operate a power project is denied, where FERC's decision to issue the license was reasonable and reasonably explained. Read more...

Supreme Court of California, March 09, 2009
State of California v. Allstate Ins. Co. , No. S149988
In an action arising from efforts to obtain insurance coverage for property damage liability imposed in a federal lawsuit as a result of discharges from a hazardous waste disposal facility, grant of defendant's motion for summary judgment is reversed where: 1) triable issues of fact exist as to whether the 1969 overflow fell within the meaning of the absolute pollution exclusion for watercourses contained in the insurance policy; 2) evidence the State should have known flooding was likely is insufficient to prove as an undisputed fact that the waste discharge in 1978 due to flooding was expected and therefore nonaccidental; and 3) there is a triable issue as to whether the cost of repairing the property damage from the 1969 and 1978 discharges can be quantitatively divided among the various causes of contamination. Read more...

California Appellate Districts, March 11, 2009
People v. Tri-Union Seafoods, LLC, No. A116792
In an action involving food warnings, trial court's ruling for the defendant is affirmed where substantial evidence supports the trial courts finding that methylmercury is naturally occurring in canned tuna and thus defendants and other tuna companies are exempt from the warning requirements of Proposition 65. Read more...

Table of Contents - March 2 - 8th

ENVIRONMENTAL LAW CASES

• Summers v. Earth Island Inst.
• Martex Farms, S.E. v. US EPA
• Izaak Walton League of Am., Inc. v. Kimball
• Latino Issues Forum v. EPA

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U.S. Supreme Court, March 03, 2009

Summers v. Earth Island Inst., No. 07-463
In an action challenging Forest Service regulations exempting certain land management activities from the agency's review process, an injunction against the regulations is reversed where Plaintiffs lacked standing to challenge the regulations absent a live dispute over a concrete application of those regulations. Read more...

U.S. 1st Circuit Court of Appeals, March 05, 2009
Martex Farms, S.E. v. US EPA, No. 08-1311
Final decision and order of the Environmental Appeals Board holding plaintiff liable for violations of the Federal Insecticide, Fungicide, and Rodenticide Act is affirmed where: 1) there is no legal basis for plaintiff's argument that the EPA's enforcement action amounted to selective prosecution; 2) plaintiff's claim that it was deprived of a full and fair opportunity to present its case fails as the denial of its motion to depose four witnesses was justified; and 3) there is no evidence that there is any basis for reversal as to the substantive violations committed by plaintiff. Read more...

U.S. 8th Circuit Court of Appeals, March 06, 2009
Izaak Walton League of Am., Inc. v. Kimball , No. 07-3689
In an action involving the Boundary Waters Canoe Area Wilderness Act, district court's grant of defendant's motion for summary judgment is affirmed where: 1) plaintiff's claims that the Forest Service violated the Act are time barred by the six year statute of limitations in the Act; and 2) there is no appellate jurisdiction over the appeal of the district court's order remanding the matter to the Forest Service to prepare an environmental impact statement assessing the sound impact of the proposed snowmobile trail. Read more...

U.S. 9th Circuit Court of Appeals, March 05, 2009
Latino Issues Forum v. EPA, No. 06-71907
In a petition for review of the EPA's approval of a state air-pollutant reduction program, the petition is denied where the EPA acted lawfully under 42 U.S.C. section 7509(d)(2) by not requiring implementation of "all feasible measures" into the program. Read more...

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April 28, 2009 in Air Quality, Cases, Energy, Environmental Assessment, Forests/Timber, Governance/Management, Land Use, Law, Science, Sustainability, Toxic and Hazardous Substances, US | Permalink | TrackBack (0)

Findlaw environmental case summaries - March 30 - April 3

Table of Contents

ENVIRONMENTAL LAW CASES

• Entergy Corp. v. Riverkeeper, Inc.
• New Jersey Dept. of Envtl. Prot. v. US Nuclear Regulatory Comm'n
• Columbia Venture LLC v. S.C. Wildlife Fed.
• Center for Biological Diversity v. Marina Pt. Dev. Co.

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U.S. Supreme Court, April 01, 2009
Entergy Corp. v. Riverkeeper, Inc., No. 07-588
In a petition for review of EPA national performance standards for cooling water intake structures, the grant of the petition is reversed, where the EPA permissibly relied on cost-benefit analysis in setting the national performance standards and in providing for cost-benefit variances from those standards. Read more...

U.S. 3rd Circuit Court of Appeals, March 31, 2009
New Jersey Dept. of Envtl. Prot. v. US Nuclear Regulatory Comm'n, No. 07-2271
Petition for review of an Nuclear Regulatory Commission decision denying NJ Dept. of Environmental Protection request to intervene in relicensing proceedings for the Oyster Creek Nuclear Generating Station is denied where in reviewing the application to relicense the nuclear power facility, the Commission is not required to make an environmental impact analysis of a hypothetical terrorist attack on the facility as the relicensing of Oyster Creek does not have a reasonably close causal relationship with the environmental effects that would be caused by a terrorist attack. The NRC also already addressed the environmental impact of such an attack in its Generic Environmental Impact Statement and site-specific Supplemental Environmental Impact Statement. Read more...

U.S. 4th Circuit Court of Appeals, April 03, 2009
Columbia Venture LLC v. S.C. Wildlife Fed., No. 05-2398
In a challenge to a FEMA decision regarding certain base flood elevation determinations, the District Court's order vacating those determinations is reversed, where Plaintiffs failed to show that they were prejudiced by FEMA's failure to timely publish notice of the decision in the Federal Register. Read more.

U.S. 9th Circuit Court of Appeals, March 30, 2009
Center for Biological Diversity v. Marina Pt. Dev. Co., No. 06-56193
In an action under the Clean Water Act (CWA) and Endangered Species Act (ESA), judgment for Plaintiffs is reversed, where: 1) Plaintiffs did not give sufficiently specific notice of intent to sue under the CWA; and 2) the ESA action was moot because the species at issue had been delisted during the pendency of the appeal. Award of attorney's fees to Plaintiffs is affirmed, where the mootness of the ESA action did not affect the fee award. Read more...

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April 28, 2009 in Air Quality, Biodiversity, Cases, Governance/Management, Sustainability, US, Water Quality | Permalink | TrackBack (0)

Bending over backwards: Waxman and Markey grant Republicans another day of hearings on climate change bill

Listing the 40 days of hearings that have already been held, Waxman and Market nevertheless agree to hold another day of hearings on May 1, 2009.  The list is a good beginning for a legislative history on the bill. hearings list I I just hope that the quality of witnesses is better than Newt Gingrich saying that he's still not sure that global warming is caused by humans.

April 28, 2009 in Air Quality, Climate Change, Current Affairs, Energy, Governance/Management, Legislation, Sustainability, US | Permalink | Comments (0) | TrackBack (0)

Friday, April 17, 2009

EPA to issue endangerment finding

The NY Times reported that U.S. EPA will issue a formal endangerment finding today, declaring carbon dioxide and other heat-trapping gases to be pollutants that threaten public health and welfare.  This will cause EPA to begin the process of regulating these substances from vehicles, require the technology-based New Source Performance Standards (NSPS) for stationary sources to cover greenhouse gases (GHGs), and require Prevention of Significant Deterioration (PSD) and New Source Review (NSR) permits for new and major modifications of large stationary sources to cover GHGs. 

In briefing Congress in advance of the ruling, EPA said the science supporting the endangerment finding was “compelling and overwhelming.” The ruling triggers a 60-day comment period before any proposed regulations governing emissions of greenhouse gases are published.  The endangerment finding is issued somewhat over two years after the Supreme Court in Massachusetts v. EPA ordered EPA to make a determination about whether GHGs are harmful to human health or the environment.  

By issuing the finding, EPA will force Congress to grapple with and enact global warming legislation, or face the prospect that EPA will use the Clean Air Act to regulate GHGs.  The Clean Air Act regulatory structure is far less tailored to GHGs than global warming legislation would be and is arguably far more draconian than global warming legislation proposed to date.

April 17, 2009 in Air Quality, Climate Change, Energy, Governance/Management, Physical Science, Science, Sustainability, US | Permalink | Comments (0) | TrackBack (0)

Wednesday, April 1, 2009

Waxman-Markey Discussion Draft on Energy and Global Warming: the AMERICAN CLEAN ENERGY and SECURITY ACT

Reps. Waxman and Markeyhave released a discussion draft bill on clean energy and global warming.  Here is a Summary of the Discussion Draft and here is a copy of the Bill  The global warming title establishes a cap and trade with a cap of 83% reduction from 2005 emissions by 2050.  Obviously this falls far short of what is needed to reach 350 ppm.  It also provides for the US to enter into international agreements to reforest, which is expected to reduce an additional 10% by 2050.  The discussion draft ducks the highly political question of allocation.

The bill contains three other titles:

Creating Clean Energy Jobs: A clean energy title that promotes renewable sources of energy, carbon capture and sequestration technologies, low-carbon fuels, clean electric vehicles, and the smart grid and electricity transmission;

Cutting Waste, Saving Money: An energy efficiency title that increases energy efficiency across all sectors of the economy, including buildings, appliances, transportation, and industry;

Protecting Consumers: A transitioning title that protects U.S. consumers and industry and promotes green jobs during the transition to a clean energy economy.

The time table for action calls for the House Energy and Commerce Committee to complete consideration of the legislation by Memorial Day. The preliminary schedule follows:

·       Week of April 20: Energy and Environment Subcommittee Hearings

·       Week of April 27: Energy and Environment Subcommittee Markup Period Begins

·       Week of May 11: Full Energy and Commerce Committee Markup Period Begins

April 1, 2009 in Air Quality, Climate Change, Current Affairs, Economics, Energy, Governance/Management, Legislation, US | Permalink | TrackBack (0)

Tuesday, March 24, 2009

North Carolina v. TVA

A frequent reader brought this article in Toxic Law Reporter to my attention.  Trent Taylor's article discusses the implications of the district court ruling in North Carolina v. TVA and other recent public nuisance rulings.  Here's the opening paragraph: 

On January 13, 2009, in North Carolina ex rel.Cooper v. Tennessee Valley Authority,—-F. Supp.2d—-  Civil No. 1:06CV20, 2009 WL 77998 (W.D. N.C. Jan. 13, 2009) (hereafter ‘‘TVA decision’’), U.S. District Judge Lacy Thornburg of North Carolina declared that air emissions from three coal-fired plants located in eastern Tennessee and one plant located in Alabama, all operated by the Tennessee Valley Authority, are a public nuisance contributing to ‘‘significant hurt, inconvenience [and] damage’’ in North Carolina.  As a remedy, the court ordered that the TVA proceed with plans to install enhanced pollution controls in these plants and reduce emission of certain pollutants by specific time limits. The court estimated that complying with its orders would cost, at a minimum, approximately $1 billion. The court found against the TVA despite its compliance with all applicable federal and state regulations. Yet few noticed this important decision–it caused barely a ripple in mainstream legal circles. This may be because while public nuisance as recently as several years ago was seen as the ‘‘hot’’ tort, some legal commentators have since written it off as a serious legal doctrine due to a string of victories for defendants in the most high-profile public nuisance litigation to date–claims against the past manufacturers of lead paint and pigment. However, it would be a mistake for practitioners to ignore this decision. Though it may not singlehandedly rehabilitate public nuisance as a tort theory of consequence in the minds of the legal     literati, the TVA decision will have a number of far-reaching implications, especially when other recent decisions on public nuisance are taken into account. Indeed, it may herald in a new era of public nuisance suits against corporate defendants, [including those] seeking to redress environmental harms...


 Taylor article on North Carolina v TVA

March 24, 2009 in Air Quality | Permalink | Comments (1) | TrackBack (0)

Monday, March 2, 2009

The New Subsistence Society

Sometimes its a good idea to stand back and contemplate the universe.  Today's early news that the Dow Jones Industrial Index took another header because of AIG's $60+ billion loss prompts me to do that. 
Dow_3209
What is the vector of our society?  What will it look like after all the dust has settled?  It is not just the financial crisis that prompts me to contemplate this.  Although the phrase is over-used, we are in the midst of a perfect storm -- a global economy that creates and distributes goods and services through the internet, computerized machines and cheap labor virtual collapse of the financial system, the advent of peak oil, and the climate crisis.  How will all of these things cumulatively affect our future?

We've lived with the first problem for decades now -- what do people do as they  become less and less important to production of goods and services.  The science fiction of our times: what happens when people and their primary asset, labor, becomes virtually superfluous.  Certainly countries with high labor costs relative to Asia and South America already are beginning to experience the problem.  Computerized machines can plant, water, and harvest the fields; robots can make the cars and prefabricated housing; department stores, bank branches, car dealers, even retail grocery stores can be replaced by internet marketing; 100 law professors lecturing to law students and 1000 college professors lecturing to college students is more than enough -- creating the prospect of a British or continental education system, with those professors raised to unseemly heights and the remainder left to do the grunge work of tutors; even more radically, 100 K-12 teachers can teach a nation of students with computer graded exams, if we believe that convergent answers are the goal of education; priests and ministers can be replaced by TV showmen and megachurch performers. 

So what do the other 6.95 billion of us do?  Now, we consume.  Voraciously.  If we don't, then the basics can be provided by a very few and the rest of us become unwanted baggage.  A non-consumer is a drag on the system.  We depend on the velocity of money, excess consumption, and inefficiency to provide each of us with a job and to maintain the current economy.

And what happens when money moves at a crawl, when people stop consuming, when production becomes life-threatening to the planet, and when a key resource for production, oil, reaches the point of no return???  The answer is a new subsistence economy.  A new world where a few are need to produce, a few more can consume, and the remainder have no economic role and are left to subsist as best they can.

Admittedly, it will be subsistence at a higher level -- through the internet, computerization, and technology, each of us will have the capacity to do things for ourselves that are beyond the imagination of today's impoverished subsistence farmers.  But, relative to those who own all of the means of production, a few entertainers (be they basketball players, lecturers, moviestars, or mega-church leaders), and a few laborers (building the machines, computers, the information infrastructure and doing basic and applied research), we will all be poor.  Perhaps only relatively and perhaps only in material terms.  But poor, living at a subsistence level, consuming food from our own gardens, building our own houses, wearing clothes for function not fashion, educating our own children through the internet, capturing essential power through distributed energy, and buying very little of goods that are bound to be too expensive for most -- probably just computers.  It won't necessarily be bad.  Perhaps we can refocus on relationships, family, community, art, music, literature, and life, rather than define ourselves in terms of our job and our things.  Perhaps we can refocus on spirituality instead of materialism. Who knows?  Maybe the new society won't be such a bad thing after all -- at least if we insist that the few who have the privilege of production have a responsibility to share the wealth with the many.

March 2, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)

Wednesday, February 25, 2009

Obama gains nothing on tar sands in Canada

President Obama appears to have made no progress with Canadian Prime Minister Stephen Harper about the Canadian tar sands issue.  Harper has requested that tar sands production be excluded from any global climate treaty -- which would be disasterous in terms of the greenhouse gas emissions associated with tar sands development.  Obama appears to have been overly diplomatic in his discussions with Harper -- perhaps in hopes of softening Harper up over time.  I trust that he isn't really prepared to concede on the tar sands issue.

Muckracker posted this analysis on Grist (Grist link) about Obama's visit north with respect to tar sands and clean energy:

President Obama ventured north to Canada on Thursday to meet with Prime Minister Stephen Harper, but environmentalists looking for any indication that the two leaders would issue unequivocal calls for action on global warming or a curtailing of America's dependence on Canada's vast oil deposits were left disappointed. The two leaders, instead, promised a "clean energy dialog" that commits senior officials from both countries to collaborate on technologies that will reduce greenhouse gases and combat climate change, said Harper. That will include a monetary partnership on the development of carbon capture and storage technologies -- the holy grail for many oil and coal boosters who insist that renewable energies can't replace fossil fuels. The United States already committed to using the $3.4 billion in the newly enacted economic stimulus package for carbon capture and storage demonstrations, while Canada has committed $1 billion to a Clean Energy Fund in the government's Economic Action Plan. The two leaders also agreed to partner on the development of smart grid technologies.

"How we produce and use energy is fundamental to our economic recovery, but also our security and our planet, and we know we can't afford to tackle these issues in isolation," said Obama during a joint news conference.

Beyond dialog and promised investments in technology, there weren't a whole lot of answers from either leader on how their governments will deal with energy and climate in the short term. A major issue between the two nations has been oil from Canada's tar sands. The United States imports a lot of Canadian oil - 1.9 million barrels a day in 2008, to be exact. That's more than the U.S. imported from Saudi Arabia, Venezuela, and all those other nations that are so often targeted in complaints about U.S. energy "dependence."

Harper's government wants any climate pact to exempt the vast tar sands of Alberta from regulation. The tar sands contain up to 173 billion barrels of oil, but their extraction is an environmental nightmare (not to mention the problem of burning it). Thousands of acres of forests have to be destroyed to get to the oil. Separating the oil from the sand and clay is extremely energy intensive, and the waste material drenches waterways in toxic sludge. 

Asked about the issue today, Obama compared the tar sands problem with the coal problem in the United States (a comparison many Canadians have also made). While he was clear that carbon capture technologies are not cost effective at this point, he implicitly endorsed efforts to spend billions more on researching them. "In the United States, we have issues around coal, for example, which is extraordinarily plentiful and runs a lot of our power plants and if we can figure out how to capture the carbon, that would make an enormous difference in how we operate," said Obama. "Right now, the technologies are at least not cost effective. So my expectation is is that this clean energy dialog will move us in the right direction."

In an interview with the CBC on Tuesday, Obama acknowledged that tar-sands oil "creates a big carbon footprint," but was optimistic that the both the tar sands and coal problems "can be solved by technology."

              

Continue reading

February 25, 2009 in Air Quality, Climate Change, Energy, Governance/Management, International, North America, Sustainability, US, Water Quality, Water Resources | Permalink | TrackBack (0)

President Obama's "State of the Union" Speech

The White House has published the "Remarks of President Barack Obama -- Address to Joint Session of Congress" as prepared for delivery on Tuesday, February 24th, 2009. White House link   The President called for Congress to send him a cap and trade bill to address climate change and stressed investments in clean energy as the path to America's future.  What a difference from last year!

As the President says about the long term investments that are absolutely critical to our economic future:

It begins with energy.

We know the country that harnesses the power of clean, renewable energy will lead the 21st century.  And yet, it is China that has launched the largest effort in history to make their economy energy efficient.  We invented solar technology, but we’ve fallen behind countries like Germany and Japan in producing it.  New plug-in hybrids roll off our assembly lines, but they will run on batteries made in Korea.

Well I do not accept a future where the jobs and industries of tomorrow take root beyond our borders – and I know you don’t either. It is time for America to lead again.

Thanks to our recovery plan, we will double this nation’s supply of renewable energy in the next three years.  We have also made the largest investment in basic research funding in American history – an investment that will spur not only new discoveries in energy, but breakthroughs in medicine, science, and technology.

We will soon lay down thousands of miles of power lines that can carry new energy to cities and towns across this country.  And we will put Americans to work making our homes and buildings more efficient so that we can save billions of dollars on our energy bills.

But to truly transform our economy, protect our security, and save our planet from the ravages of climate change, we need to ultimately make clean, renewable energy the profitable kind of energy.  So I ask this Congress to send me legislation that places a market-based cap on carbon pollution and drives the production of more renewable energy in America.  And to support that innovation, we will invest fifteen billion dollars a year to develop technologies like wind power and solar power; advanced biofuels, clean coal, and more fuel-efficient cars and trucks built right here in America.

As for our auto industry, everyone recognizes that years of bad decision-making and a global recession have pushed our automakers to the brink.  We should not, and will not, protect them from their own bad practices.  But we are committed to the goal of a re-tooled, re-imagined auto industry that can compete and win.  Millions of jobs depend on it.  Scores of communities depend on it.  And I believe the nation that invented the automobile cannot walk away from it.

None of this will come without cost, nor will it be easy.  But this is America.  We don’t do what’s easy.  We do what is necessary to move this country forward.

Continue reading

February 25, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)

National Environmental Law Moot Court Competition

Congratulations to all of the participants in the National Environmental Law Moot Court Competition held at Pace University during the last few days.  Roughly 70 law schools participated in the competition, which featured a difficult and oft-times confusing problem about salvage of a Spanish shipwreck.  The law covered by the problem included admiralty law, administrative law, international law such as the UNESCO treaty and the Law of the Sea, the National Marine Sanctuaries Act, the Endangered Species Act, the Clean Water Act, the Rivers and Harbors Act, the Outer Continental Shelf Lands Act, and for good measure, the Submerged Military Craft Act.  Just typing that list makes me tired!

The learning is in participating, but the honors for Best Briefs go to University of Houston, Georgetown, and University of California at Davis, with Houston winning overall Best Brief.  The Best Oralist Honor goes to Louisiana State University.  The final round of the competition featured Lewis & Clark law school, University of Utah, and Louisiana State. Lewis & Clark prevailed, winning the overall competition for the 2d time in a row.  If I recall correctly, that may be the first back to back win.  Congratulations to everyone!

The students of Pace University deserve special mention for sacrificing their ability to compete and for running a flawless competition.  More details can be found at the NELMCC site.

February 25, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)

Monday, February 16, 2009

Will Obama say "NO" to tar sands?

The environmental community is mobilizing to get Obama to reject imports of oil produced from tar sands.  While the campaign primarily focuses on the climate change impacts, the most pernicious effects of tar sands production are on water, both in terms of water quality and water allocation.  Tar sands production requires huge amounts of water and the water becomes polluted to the point where it is largely uneconomic to clean it: essentially permanently polluting freshwater resources, which are already limited.  On these grounds alone, we should not encourage development of tar sands.  In addition, tar sands and other "secondary" forms of oil production, all contribute more to global warming than conventional oil.  We must be prepared for Canada's response: the U.S. is being hypocritical unless it also discourages production of oil shale in the Mountain West -- another secondary recovery source of oil.  And the answer to that needs to be -- yes, we need to get our own house in order and develop a marketable carbon rights program or carbon tax that forces energy corporations to realize that development of such resources is both socially undesirable and economically infeasible.

February 16, 2009
By Earth's Newsdesk, a project of Ecological Internet http://www.ecoearth.info/newsdesk/
CONTACT: Dr. Glen Barry, glenbarry@ecologicalinternet.org

(Seattle, WA) -- On February 19, President Barack Obama
travels to Canada on his first international trip as
President, where he will face pressure from the
Government of Canada to support production of Alberta's
filthy tar sands oil. An international network of
environmental groups has launched the "Obama2Canada"
campaign[1] urging President Obama to stand strong on his
new energy economy agenda and reject entreaties from
Canadian Prime Minister Stephen Harper to shelter the
dirtiest oil on earth from global warming regulation.

"Tar sands oil is the dirtiest form of energy in the
world. It has no place in President Obama's plans for a
clean energy economy," said Sierra Club Dirty Fuels
Campaign Coordinator Pat Gallagher. "Tar sands oil
accelerates global warming. It destroys forests. It
endangers public health. Instead of importing this
expensive, dirty oil, we can invest in clean energy that
will create millions of much-needed, sustainable jobs."

Called oil sands by proponents, tar sands are the very
dirtiest of fossil fuels. Producing oil from tar sands
emits three times the global warming pollution as
conventional oil, requires excessive amounts of energy
and fresh water, and destroys huge swaths of ancient
boreal forest. Given its massive carbon footprint, tar
sands would almost certainly prove unviable under any
reasonable climate change regulations. Along with ending
the use of coal and old growth forest destruction,
stopping tar sands is essential global climate policy
required to maintain an operable atmosphere.

Continue reading

February 16, 2009 in Air Quality, Climate Change, Economics, Energy, Governance/Management, North America, Sustainability, US, Water Quality, Water Resources | Permalink | Comments (1) | TrackBack (2)

Sunday, February 1, 2009

Chartering Sustainable Transnational Corporations

This link connects to a paper I just posted on SSRN.  I presented the paper at the 6th Colloquium of the IUCN International Academy of Environmental Law in Mexico City in November 2008.  I am submitting a short version of the paper for possible publication in a book incorporating papers presented at the conference on the theme of Alleviating Poverty and Environmental Protection.  And I am preparing a more complete and elaborate version for possible law review publication.  I would deeply appreciate your comments on the subject of how we ensure that transnational corporations act in a sustainable manner and the obstacles or concerns with the approach I suggest.  SSRN link

Abstract:    
Using a recent innovative Oregon sustainable corporation law as a springboard, this article argues for requiring all transnational corporations to be chartered as sustainable corporations. Given the far-reaching effects of their operations and their uniquely powerful role, the global wealth that has been accumulated in these organizations must be fundamentally redirected toward creating a sustainable world. As a privilege of doing transnational business, transnational corporations should be required to incorporate environmental and social responsibility into their corporate charters-the document that sets forth the prime mission of the corporation and its directors, essentially baking sustainability into the corporate DNA of transnational corporations.

To be both effective and to harness the entrepreneurial creativity of these organizations, the sustainable corporation charter must be implemented per provisions that require transnational corporations to develop corporate sustainability strategies in accordance with the guidance provided by the implementing provisions. The implementing provisions should also require that the transnational corporations monitor and report in a standardized manner compliance with the corporate sustainability strategy, with sustainability-related laws, and with nonbinding environmental, labor, human rights, corruption, and other sustainability-related standards.

The sustainable corporation charter requirement should be imposed as a matter of international law, through an international convention and administered by an international commission. The requirements should be directly applicable to transnational corporations as a condition of doing transnational business. The commission should be authorized to take enforcement action directly against the corporation. In addition, both home and host nations to transnational corporations should agree to compel the corporations - either incorporated in that nation or doing business in that nation-to comply with the sustainable corporation charter requirement as a condition of doing any business. Nations that fail to join the international convention, or that fail to enforce the international convention, should be subject to mandatory trade and other economic sanctions by all signatories to the international agreement.

We can no longer allow transnational corporations to aggregate the bulk of societal wealth and then operate in an environmentally and socially irresponsible manner. The proposals in this article are one step toward turning transnational corporations into sustainable corporations.

Keywords: transnational corporations, corporate charters, multi-national corporations, sustainability, environmental, international convention, environmental assessment, voluntary compliance, environmental standards, alien tort, corporate social responsibility, human rights, international law, enforcement

February 1, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Climate Change, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | Comments (2) | TrackBack (0)

Tuesday, January 27, 2009

Obama: Energy and Environment Directives

Here's a source for primary information about Obama's Energy and Environment Directives on the California waiver and the CAFE standards.  I searched for this yesterday and couldn't find it -- maybe some of you had the same problem.

Today, January 27, we posted a lengthy summary of various reactions to President Obama's Climate Change and Energy Presidential Memos on our eNewsUSA blog at: http://enewsusa.blogspot.com/. The summaries include links to the full text of the releases. The posting includes both positive and negative reactions from U.S. Congressional leaders, industry, environment and government organizations. The posting also includes links to the full text of the President Obama Memos. Also included, on the January 26 posting, are a summary of President Obama statement on the Memos and links to the full text and video of the speech and related information. The posting also includes some clarifications of some misleading reporting and statements that have been made regarding the President's announcement and the Memos.

January 27, 2009 in Air Quality, Climate Change, Economics, Energy, Governance/Management, Law, Sustainability, US | Permalink | Comments (1) | TrackBack (0)

Friday, January 23, 2009

The Obama Administration's Energy and Environment Agenda

ENERGY AND THE ENVIRONMENT  White House link

The energy challenges our country faces are severe and have gone unaddressed for far too long. Our addiction to foreign oil doesn't just undermine our national security and wreak havoc on our environment -- it cripples our economy and strains the budgets of working families all across America. President Obama and Vice President Biden have a comprehensive plan to invest in alternative and renewable energy, end our addiction to foreign oil, address the global climate crisis and create millions of new jobs.

The Obama-Biden comprehensive New Energy for America plan will:

  • Help create five million new jobs by strategically investing $150 billion over the next ten years to catalyze private efforts to build a clean energy future.
  • Within 10 years save more oil than we currently import from the Middle East and Venezuela combined.
  • Put 1 million Plug-In Hybrid cars -- cars that can get up to 150 miles per gallon -- on the road by 2015, cars that we will work to make sure are built here in America.
  • Ensure 10 percent of our electricity comes from renewable sources by 2012, and 25 percent by 2025.
  • Implement an economy-wide cap-and-trade program to reduce greenhouse gas emissions 80 percent by 2050.

Energy Plan Overview

Provide Short-term Relief to American Families

  • Crack Down on Excessive Energy Speculation.
  • Swap Oil from the Strategic Petroleum Reserve to Cut Prices.

Eliminate Our Current Imports from the Middle East and Venezuela within 10 Years

  • Increase Fuel Economy Standards.
  • Get 1 Million Plug-In Hybrid Cars on the Road by 2015.
  • Create a New $7,000 Tax Credit for Purchasing Advanced Vehicles.
  • Establish a National Low Carbon Fuel Standard.
  • A “Use it or Lose It” Approach to Existing Oil and Gas Leases.
  • Promote the Responsible Domestic Production of Oil and Natural Gas.

Create Millions of New Green Jobs

  • Ensure 10 percent of Our Electricity Comes from Renewable Sources by 2012, and 25 percent by 2025.
  • Deploy the Cheapest, Cleanest, Fastest Energy Source – Energy Efficiency.
  • Weatherize One Million Homes Annually.
  • Develop and Deploy Clean Coal Technology.
  • Prioritize the Construction of the Alaska Natural Gas Pipeline.

Reduce our Greenhouse Gas Emissions 80 Percent by 2050

  • Implement an economy-wide cap-and-trade program to reduce greenhouse gas emissions 80 percent by 2050.
  • Make the U.S. a Leader on Climate Change.

January 23, 2009 in Agriculture, Air Quality, Biodiversity, Climate Change, Economics, Energy, Governance/Management, International, Land Use, Law, Legislation, Mining, Sustainability, US | Permalink | TrackBack (0)

Let Clean Water Flow

Here's my church's video to launch our 2009 Drink Water for Life lenten challenge.  If you benefit from the work I do on this blog, please, please, please......take the challenge or find another way to contribute to organizations that do community-based water projects.  Church World Service or Global Ministries are great faith-based organizations.  Water for Life and Water for People are great secular groups. Every 15 seconds, a child dies from a water borne disease like cholera or dysentery from lack of clean water and sanitation.  Together, we can change this.  Village by village. 

Let Clean Water Flow 

January 23, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | Comments (0) | TrackBack (0)