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
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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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
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
Now back to our regularly scheduled program: Findlaw environmental case summaries
Here are the Findlaw case summaries from mid-April. No cases of interest were published during the last week.
Table of Contents
ENVIRONMENTAL LAW CASES
• Ecology Center v. Castaneda
• Kane Cty. v. Salazar
• Arizona Pub. Serv. Co. v. EPA
• Hydro Resources, Inc. v. EPA
• Center for Biological Diversity v. U.S. Dep't of Interior
U.S. 9th Circuit Court of Appeals, April 17, 2009
Ecology Center v. Castaneda, No. 07-35054
In a challenge to Defendant Forest Service's approval of timber sales,
summary judgment for Defendant is affirmed, where: 1) Defendant met the
"best available science" requirement in setting the old growth
standard; and 2) the guideline language underlying Plaintiff's claim
was not mandatory. Read more...
U.S. 10th Circuit Court of Appeals, April 13, 2009
Kane Cty. v. Salazar, No. 07-4207
In an action alleging that the Secretary of the Interior's land
management plan violated Plaintiff county's water rights, the dismissal
of the complaint is affirmed, where Plaintiffs failed to allege that
the Secretary failed to take a discrete action that it was required to
take, as required by 5 U.S.C. section 706. Read more...
U.S. 10th Circuit Court of Appeals, April 14, 2009
Arizona Pub. Serv. Co. v. EPA, No. 07-9546
In a petition for review of an EPA regulation limiting emissions, the
petition is granted in part, where the parties agreed to a remand
regarding fugitive dust limits, but denied in part, where the Clean Air
Act does not prohibit the EPA from relying on current air quality
monitoring data. Read more...
U.S. 10th Circuit Court of Appeals, April 17, 2009
Hydro Resources, Inc. v. EPA, No. 07-9506
In a petition for review of the EPA's determination that land owned by
Plaintiff was "Indian country," the petition is denied, where Congress
set aside the land for use by Indians as Indian land, the federal
government was actively involved in superintending the land, and there
was an "element of cohesiveness" in the community there. Read more...
U.S. D.C. Circuit Court of Appeals, April 17, 2009
Center for Biological Diversity v. U.S. Dep't of Interior, No. 07-1247
In a petition for review of a Department of Interior oil and gas
leasing program, the petition is granted in part, where the program's
environmental sensitivity rankings were irrational, but denied in part,
where Petitioners' remaining claims were unripe because there was no
allegation that they would be affected by potential climate change. Read more...
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April 28, 2009 in Cases | Permalink | TrackBack
April 11, 2009
Refuge regulations limiting commercial fishing operations are not a taking
Palmyra Pacific Seafoods, L.L.C. v. U.S., No. 08-5058 (Fed. Cir. April 09, 2009) PDF
Yesterday, the Federal Circuit decided a takings case where the U.S. created a wildlife refuge around an island on which the plaintiff had acquired contractual rights to operate a base and pier for its commercial fishing operation. The refuge regulations prohibited commercial fishing within the refuge and allowed limited sports fishing to facilitate operation of a camp owned by the Nature Conservancy. The Federal Circuit affirmed the Court of Federal Claims' dismissal for failure to
state a claim. The Federal Circuit reasoned that the government's
regulation of activities in the waters surrounding Palmyra may have
adversely affected the value of plaintiff's contract rights, but did not take the contract rights themselves. The plaintiff is left with an ability to fish beyond the 12 mile limit of the refuge. Even if the government regulation targeted plaintiff's contract rights
in order to promote the interests of another party, creation of the refuge and its regulations still did not
constitute a compensable taking as those actions regulated conduct in which
plaintiff had no protected property interest.
April 11, 2009 in Biodiversity, Cases, Constitutional Law, US | Permalink | Comments (0) | TrackBack
March 04, 2009
Supreme Court Rejects Drug Manufacturer Claim that FDA Precludes More Stringent Label Warning
Wyeth v. Levine, No. 06-1249 (U.S. Mar. 4, 2009) Findlaw Link
Petitioner Wyeth manufactures the antinausea drug Phenergan. After a clinician injected respondent Levine with Phenergan by the "IV-push" method, whereby a drug is injected directly into a patient's vein, the drug entered Levine's artery, she developed gangrene, and doctors amputated her forearm. Levine brought a state-law damages action, alleging, inter alia, that Wyeth had failed to provide an adequate warning about the significant risks of administering Phenergan by the IV-push method. The Vermont jury determined that Levine's injury would not have occurred if Phenergan's label included an adequate warning, and it awarded damages for her pain and suffering, substantial medical expenses, and loss of her livelihood as a professional musician. Declining to overturn the verdict, the trial court rejected Wyeth's argument that Levine's failure-to-warn claims were pre-empted by federal law because Phenergan's labeling had been approved by the federal Food and Drug Administration (FDA). The Vermont Supreme Court affirmed.
Held: Federal law does not pre-empt Levine's claim that Phenergan's label did not contain an adequate warning about the IV-push method of administration. Pp. 6-25.
(a) The argument that Levine's state-law claims are pre-empted because it is impossible for Wyeth to comply with both the state-law duties underlying those claims and its federal labeling duties is rejected. Although a manufacturer generally may change a drug label only after the FDA approves a supplemental application, the agency's "changes being effected" (CBE) regulation permits certain preapproval labeling changes that add or strengthen a warning to improve drug safety. Pursuant to the CBE regulation, Wyeth could have unilaterally added a stronger warning about IV-push administration, and there is no evidence that the FDA would ultimately have rejected such a labeling change. Wyeth's cramped reading of the CBE regulation and its broad assertion that unilaterally changing the Phenergan label would have violated federal law governing unauthorized distribution and misbranding of drugs are based on the fundamental misunderstanding that the FDA, rather than the manufacturer, bears primary responsibility for drug labeling. It is a central premise of the Food, Drug, and Cosmetic Act (FDCA) and the FDA's regulations that the manufacturer bears responsibility for the content of its label at all times. Pp. 11-16.
(b) Wyeth's argument that requiring it to comply with a state-law duty to provide a stronger warning would interfere with Congress' purpose of entrusting an expert agency with drug labeling decisions is meritless because it relies on an untenable interpretation of congressional intent and an overbroad view of an agency's power to pre-empt state law. The history of the FDCA shows that Congress did not intend to pre-empt state-law failure-to-warn actions. In advancing the argument that the FDA must be presumed to have established a specific labeling standard that leaves no room for different state-law judgments, Wyeth relies not on any statement by Congress but on the preamble to a 2006 FDA regulation declaring that state-law failure-to-warn claims threaten the FDA's statutorily prescribed role. Although an agency regulation with the force of law can pre-empt conflicting state requirements, this case involves no such regulation but merely an agency's assertion that state law is an obstacle to achieving its statutory objectives. Where, as here, Congress has not authorized a federal agency to pre-empt state law directly, the weight this Court accords the agency's explanation of state law's impact on the federal scheme depends on its thoroughness, consistency, and persuasiveness. Cf., e.g., Skidmore v. Swift & Co., 323 U. S. 134. Under this standard, the FDA's 2006 preamble does not merit deference: It is inherently suspect in light of the FDA's failure to offer interested parties notice or opportunity for comment on the pre-emption question; it is at odds with the available evidence of Congress' purposes; and it reverses the FDA's own longstanding position that state law is a complementary form of drug regulation without providing a reasoned explanation. Geier v. American Honda Motor Co., 529 U. S. 861, is distinguished. Pp. 17-25.
March 4, 2009 in Cases | Permalink | TrackBack
March 03, 2009
Columbia Basin Bulletin e-book on Columbia River salmon lititation
I'm not a big fan of paying for PDFs, but here's a resource that students of the Columbia River salmon litigation should be aware of. CBB link If you're not familiar with CBB, go take a look. You can sign up for their free weekly newsletter and you can subscribe to their archives.
Salmon and Hydro
An Account of Litigation over Federal Columbia River Power System Biological Opinions for Salmon and Steelhead, 1991-2009
First Edition, February 2009
A NOAA Fisheries "biological opinion" is the federal government's primary guide for recovering13 species of Columbia River Basin salmon and steelhead listed under the Endangered Species Act . A "BiOp" must insure that these ESA-listed fish survive and thrive in the Columbia/Snake River Basin hydropower system . Yet, since the first salmon ESA-listings in 1991, these biological opinions have been the subject of continual litigation. It is in federal court where one sees most clearly the divisions and difficulties of Columbia Basin salmon recovery. This issue summary offers a historical account of this continual litigation since the first ESA listings and summarizes the major issues that have dominated Columbia Basin Salmon recovery since 1991.
Salmon and Hydro: An Account of Litigation over Federal Columbia River Power System Biological Opinions for Salmon and Steelhead, 1991-2009, a 77-page document in an easy-to-read Adobe PDF format, is available for digital download through our secure payment system. Price: $19.95
 | |
TABLE OF CONTENTS For Excerpts Click These Links: I. 1991-1995: Three ESA Listings, Four Biological Opinions, Five Court Challenges
March 3, 2009 in Biodiversity, Cases, Energy, Environmental Assessment, Governance/Management, Law, Sustainability, US, Water Quality, Water Resources | Permalink | TrackBack
March 02, 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. 
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
February 25, 2009
President Obama's "State of the Union" Speech
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.
Remarks of President Barack Obama – As Prepared for Delivery
Address to Joint Session of Congress
Tuesday, February 24th, 2009
(en español)
Madame Speaker, Mr. Vice President, Members of Congress, and the First Lady of the United States:
I’ve come here tonight not only to address the distinguished men and women in this great chamber, but to speak frankly and directly to the men and women who sent us here.
I know that for many Americans watching right now, the state of our economy is a concern that rises above all others. And rightly so. If you haven’t been personally affected by this recession, you probably know someone who has – a friend; a neighbor; a member of your family. You don’t need to hear another list of statistics to know that our economy is in crisis, because you live it every day. It’s the worry you wake up with and the source of sleepless nights. It’s the job you thought you’d retire from but now have lost; the business you built your dreams upon that’s now hanging by a thread; the college acceptance letter your child had to put back in the envelope. The impact of this recession is real, and it is everywhere.
But while our economy may be weakened and our confidence shaken; though we are living through difficult and uncertain times, tonight I want every American to know this:
We will rebuild, we will recover, and the United States of America will emerge stronger than before.
The weight of this crisis will not determine the destiny of this nation. The answers to our problems don’t lie beyond our reach. They exist in our laboratories and universities; in our fields and our factories; in the imaginations of our entrepreneurs and the pride of the hardest-working people on Earth. Those qualities that have made America the greatest force of progress and prosperity in human history we still possess in ample measure. What is required now is for this country to pull together, confront boldly the challenges we face, and take responsibility for our future once more.
Now, if we’re honest with ourselves, we’ll admit that for too long, we have not always met these responsibilities – as a government or as a people. I say this not to lay blame or look backwards, but because it is only by understanding how we arrived at this moment that we’ll be able to lift ourselves out of this predicament.
The fact is, our economy did not fall into decline overnight. Nor did all of our problems begin when the housing market collapsed or the stock market sank. We have known for decades that our survival depends on finding new sources of energy. Yet we import more oil today than ever before. The cost of health care eats up more and more of our savings each year, yet we keep delaying reform. Our children will compete for jobs in a global economy that too many of our schools do not prepare them for. And though all these challenges went unsolved, we still managed to spend more money and pile up more debt, both as individuals and through our government, than ever before.
In other words, we have lived through an era where too often, short-term gains were prized over long-term prosperity; where we failed to look beyond the next payment, the next quarter, or the next election. A surplus became an excuse to transfer wealth to the wealthy instead of an opportunity to invest in our future. Regulations were gutted for the sake of a quick profit at the expense of a healthy market. People bought homes they knew they couldn’t afford from banks and lenders who pushed those bad loans anyway. And all the while, critical debates and difficult decisions were put off for some other time on some other day.
Well that day of reckoning has arrived, and the time to take charge of our future is here.
Now is the time to act boldly and wisely – to not only revive this economy, but to build a new foundation for lasting prosperity. Now is the time to jumpstart job creation, re-start lending, and invest in areas like energy, health care, and education that will grow our economy, even as we make hard choices to bring our deficit down. That is what my economic agenda is designed to do, and that’s what I’d like to talk to you about tonight.
It’s an agenda that begins with jobs.
As soon as I took office, I asked this Congress to send me a recovery plan by President’s Day that would put people back to work and put money in their pockets. Not because I believe in bigger government – I don’t. Not because I’m not mindful of the massive debt we’ve inherited – I am. I called for action because the failure to do so would have cost more jobs and caused more hardships. In fact, a failure to act would have worsened our long-term deficit by assuring weak economic growth for years. That’s why I pushed for quick action. And tonight, I am grateful that this Congress delivered, and pleased to say that the American Recovery and Reinvestment Act is now law.
Over the next two years, this plan will save or create 3.5 million jobs. More than 90% of these jobs will be in the private sector – jobs rebuilding our roads and bridges; constructing wind turbines and solar panels; laying broadband and expanding mass transit.
Because of this plan, there are teachers who can now keep their jobs and educate our kids. Health care professionals can continue caring for our sick. There are 57 police officers who are still on the streets of Minneapolis tonight because this plan prevented the layoffs their department was about to make.
Because of this plan, 95% of the working households in America will receive a tax cut – a tax cut that you will see in your paychecks beginning on April 1st.
Because of this plan, families who are struggling to pay tuition costs will receive a $2,500 tax credit for all four years of college. And Americans who have lost their jobs in this recession will be able to receive extended unemployment benefits and continued health care coverage to help them weather this storm.
I know there are some in this chamber and watching at home who are skeptical of whether this plan will work. I understand that skepticism. Here in Washington, we’ve all seen how quickly good intentions can turn into broken promises and wasteful spending. And with a plan of this scale comes enormous responsibility to get it right.
That is why I have asked Vice President Biden to lead a tough, unprecedented oversight effort – because nobody messes with Joe. I have told each member of my Cabinet as well as mayors and governors across the country that they will be held accountable by me and the American people for every dollar they spend. I have appointed a proven and aggressive Inspector General to ferret out any and all cases of waste and fraud. And we have created a new website called recovery.gov so that every American can find out how and where their money is being spent.
So the recovery plan we passed is the first step in getting our economy back on track. But it is just the first step. Because even if we manage this plan flawlessly, there will be no real recovery unless we clean up the credit crisis that has severely weakened our financial system.
I want to speak plainly and candidly about this issue tonight, because every American should know that it directly affects you and your family’s well-being. You should also know that the money you’ve deposited in banks across the country is safe; your insurance is secure; and you can rely on the continued operation of our financial system. That is not the source of concern.
The concern is that if we do not re-start lending in this country, our recovery will be choked off before it even begins.
You see, the flow of credit is the lifeblood of our economy. The ability to get a loan is how you finance the purchase of everything from a home to a car to a college education; how stores stock their shelves, farms buy equipment, and businesses make payroll.
But credit has stopped flowing the way it should. Too many bad loans from the housing crisis have made their way onto the books of too many banks. With so much debt and so little confidence, these banks are now fearful of lending out any more money to households, to businesses, or to each other. When there is no lending, families can’t afford to buy homes or cars. So businesses are forced to make layoffs. Our economy suffers even more, and credit dries up even further.
That is why this administration is moving swiftly and aggressively to break this destructive cycle, restore confidence, and re-start lending.
We will do so in several ways. First, we are creating a new lending fund that represents the largest effort ever to help provide auto loans, college loans, and small business loans to the consumers and entrepreneurs who keep this economy running.
Second, we have launched a housing plan that will help responsible families facing the threat of foreclosure lower their monthly payments and re-finance their mortgages. It’s a plan that won’t help speculators or that neighbor down the street who bought a house he could never hope to afford, but it will help millions of Americans who are struggling with declining home values – Americans who will now be able to take advantage of the lower interest rates that this plan has already helped bring about. In fact, the average family who re-finances today can save nearly $2000 per year on their mortgage.
Third, we will act with the full force of the federal government to ensure that the major banks that Americans depend on have enough confidence and enough money to lend even in more difficult times. And when we learn that a major bank has serious problems, we will hold accountable those responsible, force the necessary adjustments, provide the support to clean up their balance sheets, and assure the continuity of a strong, viable institution that can serve our people and our economy.
I understand that on any given day, Wall Street may be more comforted by an approach that gives banks bailouts with no strings attached, and that holds nobody accountable for their reckless decisions. But such an approach won’t solve the problem. And our goal is to quicken the day when we re-start lending to the American people and American business and end this crisis once and for all.
I intend to hold these banks fully accountable for the assistance they receive, and this time, they will have to clearly demonstrate how taxpayer dollars result in more lending for the American taxpayer. This time, CEOs won’t be able to use taxpayer money to pad their paychecks or buy fancy drapes or disappear on a private jet. Those days are over.
Still, this plan will require significant resources from the federal government – and yes, probably more than we’ve already set aside. But while the cost of action will be great, I can assure you that the cost of inaction will be far greater, for it could result in an economy that sputters along for not months or years, but perhaps a decade. That would be worse for our deficit, worse for business, worse for you, and worse for the next generation. And I refuse to let that happen.
I understand that when the last administration asked this Congress to provide assistance for struggling banks, Democrats and Republicans alike were infuriated by the mismanagement and results that followed. So were the American taxpayers. So was I.
So I know how unpopular it is to be seen as helping banks right now, especially when everyone is suffering in part from their bad decisions. I promise you – I get it.
But I also know that in a time of crisis, we cannot afford to govern out of anger, or yield to the politics of the moment. My job – our job – is to solve the problem. Our job is to govern with a sense of responsibility. I will not spend a single penny for the purpose of rewarding a single Wall Street executive, but I will do whatever it takes to help the small business that can’t pay its workers or the family that has saved and still can’t get a mortgage.
That’s what this is about. It’s not about helping banks – it’s about helping people. Because when credit is available again, that young family can finally buy a new home. And then some company will hire workers to build it. And then those workers will have money to spend, and if they can get a loan too, maybe they’ll finally buy that car, or open their own business. Investors will return to the market, and American families will see their retirement secured once more. Slowly, but surely, confidence will return, and our economy will recover.
So I ask this Congress to join me in doing whatever proves necessary. Because we cannot consign our nation to an open-ended recession. And to ensure that a crisis of this magnitude never happens again, I ask Congress to move quickly on legislation that will finally reform our outdated regulatory system. It is time to put in place tough, new common-sense rules of the road so that our financial market rewards drive and innovation, and punishes short-cuts and abuse.
The recovery plan and the financial stability plan are the immediate steps we’re taking to revive our economy in the short-term. But the only way to fully restore America’s economic strength is to make the long-term investments that will lead to new jobs, new industries, and a renewed ability to compete with the rest of the world. The only way this century will be another American century is if we confront at last the price of our dependence on oil and the high cost of health care; the schools that aren’t preparing our children and the mountain of debt they stand to inherit. That is our responsibility.
In the next few days, I will submit a budget to Congress. So often, we have come to view these documents as simply numbers on a page or laundry lists of programs. I see this document differently. I see it as a vision for America – as a blueprint for our future.
My budget does not attempt to solve every problem or address every issue. It reflects the stark reality of what we’ve inherited – a trillion dollar deficit, a financial crisis, and a costly recession.
Given these realities, everyone in this chamber – Democrats and Republicans – will have to sacrifice some worthy priorities for which there are no dollars. And that includes me.
But that does not mean we can afford to ignore our long-term challenges. I reject the view that says our problems will simply take care of themselves; that says government has no role in laying the foundation for our common prosperity.
For history tells a different story. History reminds us that at every moment of economic upheaval and transformation, this nation has responded with bold action and big ideas. In the midst of civil war, we laid railroad tracks from one coast to another that spurred commerce and industry. From the turmoil of the Industrial Revolution came a system of public high schools that prepared our citizens for a new age. In the wake of war and depression, the GI Bill sent a generation to college and created the largest middle-class in history. And a twilight struggle for freedom led to a nation of highways, an American on the moon, and an explosion of technology that still shapes our world.
In each case, government didn’t supplant private enterprise; it catalyzed private enterprise. It created the conditions for thousands of entrepreneurs and new businesses to adapt and to thrive.
We are a nation that has seen promise amid peril, and claimed opportunity from ordeal. Now we must be that nation again. That is why, even as it cuts back on the programs we don’t need, the budget I submit will invest in the three areas that are absolutely critical to our economic future: energy, health care, and education.
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.
For that same reason, we must also address the crushing cost of health care.
This is a cost that now causes a bankruptcy in America every thirty seconds. By the end of the year, it could cause 1.5 million Americans to lose their homes. In the last eight years, premiums have grown four times faster than wages. And in each of these years, one million more Americans have lost their health insurance. It is one of the major reasons why small businesses close their doors and corporations ship jobs overseas. And it’s one of the largest and fastest-growing parts of our budget.
Given these facts, we can no longer afford to put health care reform on hold.
Already, we have done more to advance the cause of health care reform in the last thirty days than we have in the last decade. When it was days old, this Congress passed a law to provide and protect health insurance for eleven million American children whose parents work full-time. Our recovery plan will invest in electronic health records and new technology that will reduce errors, bring down costs, ensure privacy, and save lives. It will launch a new effort to conquer a disease that has touched the life of nearly every American by seeking a cure for cancer in our time. And it makes the largest investment ever in preventive care, because that is one of the best ways to keep our people healthy and our costs under control.
This budget builds on these reforms. It includes an historic commitment to comprehensive health care reform – a down-payment on the principle that we must have quality, affordable health care for every American. It’s a commitment that’s paid for in part by efficiencies in our system that are long overdue. And it’s a step we must take if we hope to bring down our deficit in the years to come.
Now, there will be many different opinions and ideas about how to achieve reform, and that is why I’m bringing together businesses and workers, doctors and health care providers, Democrats and Republicans to begin work on this issue next week.
I suffer no illusions that this will be an easy process. It will be hard. But I also know that nearly a century after Teddy Roosevelt first called for reform, the cost of our health care has weighed down our economy and the conscience of our nation long enough. So let there be no doubt: health care reform cannot wait, it must not wait, and it will not wait another year.
The third challenge we must address is the urgent need to expand the promise of education in America.
In a global economy where the most valuable skill you can sell is your knowledge, a good education is no longer just a pathway to opportunity – it is a pre-requisite.
Right now, three-quarters of the fastest-growing occupations require more than a high school diploma. And yet, just over half of our citizens have that level of education. We have one of the highest high school dropout rates of any industrialized nation. And half of the students who begin college never finish.
This is a prescription for economic decline, because we know the countries that out-teach us today will out-compete us tomorrow. That is why it will be the goal of this administration to ensure that every child has access to a complete and competitive education – from the day they are born to the day they begin a career.
Already, we have made an historic investment in education through the economic recovery plan. We have dramatically expanded early childhood education and will continue to improve its quality, because we know that the most formative learning comes in those first years of life. We have made college affordable for nearly seven million more students. And we have provided the resources necessary to prevent painful cuts and teacher layoffs that would set back our children’s progress.
But we know that our schools don’t just need more resources. They need more reform. That is why this budget creates new incentives for teacher performance; pathways for advancement, and rewards for success. We’ll invest in innovative programs that are already helping schools meet high standards and close achievement gaps. And we will expand our commitment to charter schools.
It is our responsibility as lawmakers and educators to make this system work. But it is the responsibility of every citizen to participate in it. And so tonight, I ask every American to commit to at least one year or more of higher education or career training. This can be community college or a four-year school; vocational training or an apprenticeship. But whatever the training may be, every American will need to get more than a high school diploma. And dropping out of high school is no longer an option. It’s not just quitting on yourself, it’s quitting on your country – and this country needs and values the talents of every American. That is why we will provide the support necessary for you to complete college and meet a new goal: by 2020, America will once again have the highest proportion of college graduates in the world.
I know that the price of tuition is higher than ever, which is why if you are willing to volunteer in your neighborhood or give back to your community or serve your country, we will make sure that you can afford a higher education. And to encourage a renewed spirit of national service for this and future generations, I ask this Congress to send me the bipartisan legislation that bears the name of Senator Orrin Hatch as well as an American who has never stopped asking what he can do for his country – Senator Edward Kennedy.
These education policies will open the doors of opportunity for our children. But it is up to us to ensure they walk through them. In the end, there is no program or policy that can substitute for a mother or father who will attend those parent/teacher conferences, or help with homework after dinner, or turn off the TV, put away the video games, and read to their child. I speak to you not just as a President, but as a father when I say that responsibility for our children's education must begin at home.
There is, of course, another responsibility we have to our children. And that is the responsibility to ensure that we do not pass on to them a debt they cannot pay. With the deficit we inherited, the cost of the crisis we face, and the long-term challenges we must meet, it has never been more important to ensure that as our economy recovers, we do what it takes to bring this deficit down.
I’m proud that we passed the recovery plan free of earmarks, and I want to pass a budget next year that ensures that each dollar we spend reflects only our most important national priorities.
Yesterday, I held a fiscal summit where I pledged to cut the deficit in half by the end of my first term in office. My administration has also begun to go line by line through the federal budget in order to eliminate wasteful and ineffective programs. As you can imagine, this is a process that will take some time. But we’re starting with the biggest lines. We have already identified two trillion dollars in savings over the next decade.
In this budget, we will end education programs that don’t work and end direct payments to large agribusinesses that don’t need them. We’ll eliminate the no-bid contracts that have wasted billions in Iraq, and reform our defense budget so that we’re not paying for Cold War-era weapons systems we don’t use. We will root out the waste, fraud, and abuse in our Medicare program that doesn’t make our seniors any healthier, and we will restore a sense of fairness and balance to our tax code by finally ending the tax breaks for corporations that ship our jobs overseas.
In order to save our children from a future of debt, we will also end the tax breaks for the wealthiest 2% of Americans. But let me perfectly clear, because I know you’ll hear the same old claims that rolling back these tax breaks means a massive tax increase on the American people: if your family earns less than $250,000 a year, you will not see your taxes increased a single dime. I repeat: not one single dime. In fact, the recovery plan provides a tax cut – that’s right, a tax cut – for 95% of working families. And these checks are on the way.
To preserve our long-term fiscal health, we must also address the growing costs in Medicare and Social Security. Comprehensive health care reform is the best way to strengthen Medicare for years to come. And we must also begin a conversation on how to do the same for Social Security, while creating tax-free universal savings accounts for all Americans.
Finally, because we’re also suffering from a deficit of trust, I am committed to restoring a sense of honesty and accountability to our budget. That is why this budget looks ahead ten years and accounts for spending that was left out under the old rules – and for the first time, that includes the full cost of fighting in Iraq and Afghanistan. For seven years, we have been a nation at war. No longer will we hide its price.
We are now carefully reviewing our policies in both wars, and I will soon announce a way forward in Iraq that leaves Iraq to its people and responsibly ends this war.
And with our friends and allies, we will forge a new and comprehensive strategy for Afghanistan and Pakistan to defeat al Qaeda and combat extremism. Because I will not allow terrorists to plot against the American people from safe havens half a world away.
As we meet here tonight, our men and women in uniform stand watch abroad and more are readying to deploy. To each and every one of them, and to the families who bear the quiet burden of their absence, Americans are united in sending one message: we honor your service, we are inspired by your sacrifice, and you have our unyielding support. To relieve the strain on our forces, my budget increases the number of our soldiers and Marines. And to keep our sacred trust with those who serve, we will raise their pay, and give our veterans the expanded health care and benefits that they have earned.
To overcome extremism, we must also be vigilant in upholding the values our troops defend – because there is no force in the world more powerful than the example of America. That is why I have ordered the closing of the detention center at Guantanamo Bay, and will seek swift and certain justice for captured terrorists – because living our values doesn’t make us weaker, it makes us safer and it makes us stronger. And that is why I can stand here tonight and say without exception or equivocation that the United States of America does not torture.
In words and deeds, we are showing the world that a new era of engagement has begun. For we know that America cannot meet the threats of this century alone, but the world cannot meet them without America. We cannot shun the negotiating table, nor ignore the foes or forces that could do us harm. We are instead called to move forward with the sense of confidence and candor that serious times demand.
To seek progress toward a secure and lasting peace between Israel and her neighbors, we have appointed an envoy to sustain our effort. To meet the challenges of the 21st century – from terrorism to nuclear proliferation; from pandemic disease to cyber threats to crushing poverty – we will strengthen old alliances, forge new ones, and use all elements of our national power.
And to respond to an economic crisis that is global in scope, we are working with the nations of the G-20 to restore confidence in our financial system, avoid the possibility of escalating protectionism, and spur demand for American goods in markets across the globe. For the world depends on us to have a strong economy, just as our economy depends on the strength of the world’s.
As we stand at this crossroads of history, the eyes of all people in all nations are once again upon us – watching to see what we do with this moment; waiting for us to lead.
Those of us gathered here tonight have been called to govern in extraordinary times. It is a tremendous burden, but also a great privilege – one that has been entrusted to few generations of Americans. For in our hands lies the ability to shape our world for good or for ill.
I know that it is easy to lose sight of this truth – to become cynical and doubtful; consumed with the petty and the trivial.
But in my life, I have also learned that hope is found in unlikely places; that inspiration often comes not from those with the most power or celebrity, but from the dreams and aspirations of Americans who are anything but ordinary.
I think about Leonard Abess, the bank president from Miami who reportedly cashed out of his company, took a $60 million bonus, and gave it out to all 399 people who worked for him, plus another 72 who used to work for him. He didn’t tell anyone, but when the local newspaper found out, he simply said, ''I knew some of these people since I was 7 years old. I didn't feel right getting the money myself."
I think about Greensburg, Kansas, a town that was completely destroyed by a tornado, but is being rebuilt by its residents as a global example of how clean energy can power an entire community – how it can bring jobs and businesses to a place where piles of bricks and rubble once lay. "The tragedy was terrible," said one of the men who helped them rebuild. "But the folks here know that it also provided an incredible opportunity."
And I think about Ty’Sheoma Bethea, the young girl from that school I visited in Dillon, South Carolina – a place where the ceilings leak, the paint peels off the walls, and they have to stop teaching six times a day because the train barrels by their classroom. She has been told that her school is hopeless, but the other day after class she went to the public library and typed up a letter to the people sitting in this room. She even asked her principal for the money to buy a stamp. The letter asks us for help, and says, "We are just students trying to become lawyers, doctors, congressmen like yourself and one day president, so we can make a change to not just the state of South Carolina but also the world. We are not quitters."
We are not quitters.
These words and these stories tell us something about the spirit of the people who sent us here. They tell us that even in the most trying times, amid the most difficult circumstances, there is a generosity, a resilience, a decency, and a determination that perseveres; a willingness to take responsibility for our future and for posterity.
Their resolve must be our inspiration. Their concerns must be our cause. And we must show them and all our people that we are equal to the task before us.
I know that we haven’t agreed on every issue thus far, and there are surely times in the future when we will part ways. But I also know that every American who is sitting here tonight loves this country and wants it to succeed. That must be the starting point for every debate we have in the coming months, and where we return after those debates are done. That is the foundation on which the American people expect us to build common ground.
And if we do – if we come together and lift this nation from the depths of this crisis; if we put our people back to work and restart the engine of our prosperity; if we confront without fear the challenges of our time and summon that enduring spirit of an America that does not quit, then someday years from now our children can tell their children that this was the time when we performed, in the words that are carved into this very chamber, "something worthy to be remembered." Thank you, God Bless you, and may God Bless the United States of America.
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
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
