Showing posts with label Laws. Show all posts
Showing posts with label Laws. Show all posts

Cantor's Loss to the Tea Party Kills Any Hope for Green Legislation

The defeat of Eric Cantor by Tea Party candidate David Brat in Virginia means that we can expect the deadlock in Congress to continue. This is particularly true with regard to energy, environment and climate legislation. While the GOP is well known for being anti-science and anti-environment, Tea Party Republicans are far more likely to be climate deniers than their mainstream Republican counterparts. Cantor is no friend of the environment but he has lost to someone that is far less likely to support even the most rudimentary green legislation.

When it comes to climate change there is a stark partisan divide between Republicans and Democrats, but the tendency towards denial is far more pronounced among Tea Party Republicans.

According to a 2013 Pew Research Center poll, 67 percent of Americans think climate change is real. Only 4 percent of Democrats think climate change is not happening and 13 percent of non-Tea Party Republicans share that view. Among supporters of the Tea Party the number who deny the veracity of climate change soars to 41 percent. To put it another way 61 percent of mainstream, non-Tea Party Republicans think there is solid evidence for global warming, while just 25 percent of Tea Party Republicans share that view.

Despite massively outspending his opponent ($5.2m compared to $120,000), Cantor suffered a humiliating loss. The results are a stunning upset as a House majority leader has not suffered a defeat in a primary in 115 years. Cantor was the second most senior Republican in the House and he was expected to replace John Boehner as the speaker. This loss represents a significant defeat for mainstream Republicans and a major victory for the climate denying fringe.
The grassroots movement that helped the GOP to gain ground has hijacked the Republican party and undermined national governance. Their extreme form of obstructionism has even succeeded in shutting down government.

Brat's campaign strategy focused on how Cantor had worked on bipartisan efforts including immigration reform and financial compromise efforts such as extending the debt ceiling and budget authority.

For the Tea Party, working in a bipartisan fashion is tantamount to selling your soul to the devil. This election result will no doubt send shock waves through the Republican party and push some to be even more obstructionist, anti-science, and anti-environment than they already were.

Brat's victory is an indication that Republicans have yet to cleanse their party of their Neanderthal brethren. While many had hoped that Republicans would succeed in ferreting out the anti-government Luddites that infect the party, the most recent results indicate that they are still alive and well. The net result is that no legislation will get through Congress in the foreseeable future, this is especially true for progressive energy and environment bills.

The Tea Party has broken the American legislative process and this definitively precludes all forms of green legislation. Unless Democrats can retain control of the Senate and take back the House in the 2014 midterms the legislative deadlock will continue.

© 2014, Richard Matthews. All rights reserved.

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New Tool Tracks State Energy Legislation Across the US

A new database provides free, up-to-date, searchable energy legislation across the US. States are spearheading changes in advanced energy policy, but tracking the plethora of information in all 50 states can be overwhelming. Thanks to a new tool called Energy Legislation Tracker, it is now much easier to access legislative initiatives in all US states.

The tool was created by Colorado State University (CSU)’s Center for the New Energy Economy (CNEE) and Advanced Energy Economy (AEE). This online database tool covers energy-related state legislation that runs the gamut from renewables to fossil fuels.

The state bills covered by the tracker affect the way Americans produce, buy and use energy. The tracking tool covers energy legislation introduced in all 50 states in the 2013 legislative session and it identifies, measures and monitors the progress of these bills.  Currently, the database contains approximately 2,100 bills which are classified into one of the ten categories.

The tracking tool enables the user to quickly search through energy bills by state, policy type and keywords. The energy legislation tracking tool will be updated on a regular basis.

The extensive database also makes it possible to analyze macro trends in energy policy. Throughout the year, the CNEE will publish policy trend analyses in each of the ten policy categories, providing insight into the direction states are going in advanced energy. The Center expects to publish 2-3 trend analyses per month. The first trend analysis report from the CNEE focuses on energy efficiency legislation trends.

The information is free and open, however they ask that if you use their information that you cite the following: "Information obtained through Advanced Energy Legislation Tracker website is brought to you by Colorado State University's energy policy Center for the New Energy Economy and Advanced Energy Economy."

To access the Advanced Energy Legislation Tracker click here.

© 2013, Richard Matthews. All rights reserved.

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EPA Chief Forced Out By Dirty Industries and Anti-Environment Republicans

Late in December, US Environmental Protection Agency (EPA) Administrator Lisa Jackson announced that she will be stepping down after a little less than four years in the job. From the outset Jackson, a chemical engineer, was plagued by conservative critics who did not want the EPA to play a prominent role in environmental protection. Jackson was repeatedly and ruthlessly criticized by Republicans and industry groups for her efforts to protect the health of Americans and reduce the country's contribution to climate change. Given that environmental protection is at the core of the EPA's mandate, their opposition illustrates, yet again, the GOPs anti-environment agenda. It also illustrates how industry controls the Republican party.

Republican resistance to Jackson was due to her brave leadership on issues like the Keystone XL pipeline, greenhouse gas regulations, and power plant emissions reduction. To her credit Jackson did not relent in the face of tireless efforts from House Republicans to undermine the EPA's power.

The GOP chairman of the House Energy and Commerce Committee, Rep. Fred Upton, had been very vocal about his resistance to her efforts and Republican presidential nominee Mitt Romney went so far as to call for her firing.

In a statement Jackson quoted President Obama when he addressed EPA employees earlier this year. ‘You help make sure the air we breathe, the water we drink, the food we eat are safe. You help protect the environment not just for our children but their children. And you keep us moving toward energy independence...We have made historic progress on all these fronts."

During her tenure Jackson did succeed on many fronts including reigning in toxic mercury. She established historic fuel efficiency standards for cars and light trucks (new vehicles must average 54.5 mpg, up from 28.6 mpg). Jackson also set up critical air quality protections against sulfur dioxide and soot pollution.

“In her four years as EPA Administrator, Lisa has been a steadfast advocate for clean air, clean water, a stable climate and public health—often in the face of very vocal and forceful detractors. With her leadership, our country has made a big down payment on its goals to reduce carbon pollution. Millions of Americans will breathe easier and have access to safe, clean water,” said Michael Brune, Sierra Club’s executive director.

President Obama thanked Jackson for serving and praised her "unwavering commitment" to the public's health. "Under her leadership, the EPA has taken sensible and important steps to protect the air we breathe and the water we drink, including implementing the first national standard for harmful mercury pollution, taking important action to combat climate change under the Clean Air Act and playing a key role in establishing historic fuel economy standards that will save the average American family thousands of dollars at the pump, while also slashing carbon pollution."

Jackson realized that action on climate change would be difficult after watching the Democrat controlled Senate shoot down a cap-and-trade bill in 2009. In 2012 clean-air regulation aimed at reducing smog failed to get the support it needed as did efforts to control toxic coal ash.

Despite setbacks Jackson has done a great deal in the service of the health and well being of Americans.

"I will leave the EPA confident the ship is sailing in the right direction, and ready in my own life for new challenges, time with my family and new opportunities to make a difference," Jackson said in a statement.

In the face of harsh criticism Jackson showed the kind of leadership that is woefully absent on the political level. Although she failed to explain the reason for her departure, it may very well be that she is leaving because of the vehement opposition of industry and the GOP undermine the EPA's ability to get things done. Like Van Jones and others, Jackson may very well be a causality of Republican pressure.

© 2012, Richard Matthews. All rights reserved.

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The New 2012 CEC Sustainability Requirements

The new Canadian Electrical Code (CEC) has incorporated the latest sustainability requirements for electrical professionals, as well as business and home owners. The Canadian Standards Association (CSA) 22nd edition of the CEC's mandatory guidelines include 180 important updates and revisions. CSA Standards is a leading standards-based solutions organization in Canada. The CEC addresses electrical safety, shock, and fire hazards of electrical products.

On February 6, 2012, the CSA officially announced the launch of the 2012 CEC, Part 1. The code includes sections on renewable energy sources (ie solar photovoltaic installations, wind generated electricity) and new requirements for electric vehicles and charging stations (both commercial and residential). By 2018, there will be at least a half a million 500,000 plug-in electric-drive vehicles on Canadian roads, and even more hybrids.

According to a CSA press release, the New Canadian Electrical Code represents the most comprehensive set of changes ever. The guidelines include future-looking developments toward sustainable technologies that help address climate change issues.

The code also covers unique installation requirements for a variety of renewable energy systems including wind and fuel cells. Hydrokinetic generation systems that convert tidal or ocean current into energy, and micro-hydro systems that are very small versions of hydro power stations that convert the energy of streams creeks into usable electricity, are also covered. Lastly, existing requirements for solar power have been updated considerably to reflect new technologies, techniques, and calculations. CSA’s 2012 Canadian Electrical Safety Code may also be considered a roadmap for the enhanced safety and success of electric vehicles.

As stated by Bonnie Rose, President, CSA Standards. “With major manufacturers bringing these products to market in greater numbers, they can no longer be considered simply emerging technologies, but part of our daily lives.”

© 2012, Richard Matthews. All rights reserved.

Legal Challenge Seeks to Force US Government Action on Climate Change

In light of the failure of the US Congress to address climate change, legal actions have been filed in all 50 states to force government action on climate change.

The lawsuits are being led by an Oregon-based nonprofit called Our Children’s Trust, they argue that key agencies have failed to protect the earth’s atmosphere for future generations. The lawsuits seek to have the atmosphere declared a “public trust” deserving special protection. The same approach was successfully used to clean up polluted rivers and coastlines.

Regulatory petitions are asking state environmental agencies to tighten restrictions on vehicle and industrial emissions. State-level lawsuits have been filed in Alaska, Arizona, California, Colorado, Massachusetts, Minnesota, Montana, New Mexico, Oregon and Washington. In addition, a federal lawsuit is being filed in California.

Earlier this year several states sought to reign in power plant emissions by asking the US Supreme Court to declare them a public nuisance. The pending decision in the public nuisance case will heavily influence the outcome of the state-level lawsuits.

There is strong opposition from Republicans as well as concerns that these kinds of public policy issues are better addressed in either the state legislatures or Congress. The outcome hinges on whether the courts decide that they have the authority to rule on this issue. Even if they are only partially successful these efforts could drive new regulations to reign in US greenhouse gas emissions.

© 2011, Richard Matthews. All rights reserved.

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Course of Study: Climate Change and the Law

This important learning opportunity will provide an overview of climate change and “clean energy” regulatory regimes at the state, federal, and international levels. Participants will learn about the likely future developments and implications for clients, practice tips and pitfalls, and ethics issues. This event is the fifth annual ALI-ABA Course of Study and is cosponsored by the Environmental Law Institute. It will take place on April 7-8, 2011, at ALI-ABA in Washington DC, USA.

For those who practice environmental, regulatory, energy, resources, administrative, corporate, or securities law, climate change presents both risks and opportunities. Although there is uncertainty as to the shape of future federal regulation, there is little doubt that climate change will continue to be a driver of risk and reward for companies and law firms. The course will focus on the key policy and legal elements that contribute to climate law and policy, and how this quickly changing landscape could affect your clients. This course is intended to provide both the practical understanding and necessary skills to do this successfully.

This year’s program not only features two keynote addresses by high-ranking federal administrators, but also includes officials from across federal and state agencies who reflect the various political and policy approaches to climate change that you and your clients will confront.

The U.S. Environmental Protection Agency now requires reporting of greenhouse gas emissions, and broad EPA regulation of such gases may be around the corner. States and regions across the country are implementing both sector-specific and economy-wide regulatory regimes. Federal circuit courts of appeals have given the green light to tort suits seeking damages and injunctions against companies for climate emissions.

This course provides an overview of climate change and “clean energy” regulatory regimes at the state, federal, and international levels. Learn about likely future developments and implications for clients, practice tips and pitfalls, and ethics issues.

Top federal and state officials and practitioners will explain and discuss:

  • Greenhouse gas reporting at the EPA, CEQ, and SEC
  • Regulation of greenhouse gases under the Clean Air Act
  • Regional, state, and local regulation
  • International negotiations and trade
  • Developments on the Hill
  • Climate change in the courts
  • Regulation of fuels and renewable energy

    Those involved with teaching this course will provide detailed, in-depth, and practically oriented insights into this new field, with presentations ranging from regulatory structures on the international, national, regional, and state levels to explorations of pending legislation and its impact on your clients’ transactions.

    Keynote speakers include:
  • David J. Hayes, Deputy Secretary, U.S. Department of the Interior, Washington, D.C.
  • Mary D. Nichols, Chairman, California Air Resources Board, Sacramento

    For more information or to see the complete programme schedule click here.

    © 2011, Richard Matthews. All rights reserved.
  • Video: China Leading the Green Economy while America's Democracy is Being Undermined



    America could be screwed in the 21st century according to US Energy secretary Steven Chu. China is responsible for more than 20 percent of high tech exports while the US is responsible for 15 percent. China is the leader in clean and efficient travel with almost 6 thousand miles of high speed rail under construction while the US has none. China is also bettering America when it comes to innovation. Even American renewable energy firms are setting up in China. Republicans in Congress do not believe in the science behind global warming and this is undermining America's international competitiveness. As China builds its green economy, in the US, democracy is being undermined by laws which give corporations the same rights as people.


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