Supreme Court: Is global warming a public nuisance?

The United States Supreme Court is hearing oral argument today in the case of AEP, et al vs. Connecticut, et al. This case was brought three years ago by eight states, New York City and three different land trusts against five major power producers in the Midwest and East Coast. The claim was that by operating coal-fired power plants, and emitting dangerous greenhouse gases into the atmosphere, these companies were creating a public nuisance that states must address with state resources. Therefore, to remedy this public nuisance, these companies would have to comply with a court ordered mandate to reduce greenhouse gas emissions from these facilities by certain percentages over the next 10 years. Effectively, a cap on carbon dioxide from coal-fired power plants established by the courts, not Congress or EPA.

The 4th Circuit Court of Appeals found for the states in this case. The power companies appealed to the US Supreme Court and the high court granted the appeal last summer. Because Justice Sotomayor was on the 4th Circuit Court of Appeals when the case was heard, she has recused herself from the case. I don’t think that the high court will find for the states in this case, because they think that the EPA and/or Congress

Offshore Wind Bill Stalls in Annapolis; Advocates Pledge to Fight Again in 2012

CONTACT:
Jamie Nolan; jamie@chesapeakeclimate.org; 240-396-2022

ANNAPOLIS — “After months of productive debate and legislative progress, the Maryland General Assembly will fall short this year in its effort to pass the Maryland Offshore Wind Energy Act of 2011. The bill would have created thousands of new jobs in the fight against climate change while helping to stabilize electricity rates and lower energy costs over time. But the biggest hurdle confronting the bill this year was simply tradition. The Maryland General Assembly rarely passes a landmark bill the first year it’s introduced. Therefore it was always a strong challenge for this new and transformative bill — sponsored by Governor Martin O’Malley — to become law this year. We, the major advocates of this bill, now pledge to continue our campaign in 2012 for passage.

We thank Governor O’Malley and his staff for their extraordinary leadership on this vital issue this year. We thank Senator Mac Middleton and Delegate Dereck Davis for their leadership in key committees. And we thank all the concerned citizens all across Maryland — doctors, union members, environmentalists, business leaders, local governments, and faith groups — who worked so hard to bring this issue to the center of public discussion in Annapolis. We will be back!”

Statement on behalf of:

Chesapeake Climate Action Network
United Steelworkers of Maryland
–  League of Women Voters Maryland
–  Environment Maryland
–  Sierra Club Maryland Chapter
–  National Wildlife Federation
–  Maryland League of Conservation Voters

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Our time to Energize Virginia with wind power!

Coming up Saturday, June 4th is our chance to stand up and call for clean, homegrown energy for Virginia at the Energize Virginia: A Citizens’ Summit on Offshore Wind Power. Read more below, and register here.

Sponsored by the Chesapeake Climate Action Network, the Virginia Sierra Club, and Interfaith Power and Light, Energize Virginia is the first-ever grassroots gathering to promote development of an offshore wind farm in the area off Virginia’s coast. We expect attendees from as many perspectives as there are compelling reasons to bring wind to Virginia, from local clean energy jobs supporters, to environmentalists urging decreased dependence on coal, to families who want to see reliably low energy bills as fossil fuel prices climb.

Be there for an opportunity to learn, ask questions, and join the discussion about harnessing the winds off the coast. Details: Saturday, June 4th, 10 am to 3:30 pm, CenterStage, Richmond, VA.

We invite you to sign up now! Purchase a ticket, and you are entitled to a premium-quality lunch, a program featuring appearances by exciting speakers who will inspire action, and the opportunity to be a history-maker at a summit with a positive and lasting impact on Virginia’s energy future.

Hampton Roads Loves Mountains & the EPA

Last month, Virginia Beach residents visited Senator Webb’s district office defending the EPA. Now today, legislators will likely act on several measures attacking the agency’s authority. Group visiting Webb's office with bannerOver the past few weeks, citizens from across Virginia have shown their solidarity with communities where pollution hits folks hardest. We still have time to echo their powerful message to our legislators: oppose any efforts to block the EPA’s ability to protect our waterways pollution from fossil fuels.

This afternoon, the U.S Senate and House of Representatives are considering amendments that would gut the EPA. If you have not called your Senators, you can still help fight against these attacks on the Clean Air Act by asking your Senators to renew their commitment to protecting the EPA. Take action now– http://wiseenergyforvirginia.org/call/

NOVA Loved Mountains Today!

Northern Virginians stood with Appalachians and activists across the commonwealth today by visiting Senator Warner and Webb’s district offices and calling for an end to mountaintop removal coal mining. Representing a wide array of interests and constituencies, they all came with one message: oppose any efforts to block the EPA’s ability to protect our waterways from mountaintop removal mining and pollution from burning fossil fuels.

The lead pastor of Accotink Unitarian Universalist Church in Burke spoke about the moral obligation to protect the earth from damage due to climate change and the entire life cycle of coal. He made the point that climate and the environment is a rare issue that so many faiths can come together on

Cap and Dividend Policy Updates #25

From the Chesapeake Climate Action Network, Mike Tidwell, Director

Compiled and edited by Ted Glick, CCAN National Campaign Coordinator

March 24, 2011

The Chesapeake Climate Action Network produces and distributes this periodic policy update on efforts to advance “cap and dividend” legislation in the U.S. Congress. The fight for this climate policy is currently being led on Capitol Hill by Senators Maria Cantwell (D-WA) and Susan Collins (R-ME). In December, 2009 these Senators introduced the Carbon Limits and Energy for America’s Renewal Act, or CLEAR Act. Learn more at http://www.supportclearact.org.

Click here to view past Cap and Dividend Policy Updates.

 

In This Issue:

#1 The State Column on Maria Cantwell’s confirmation as chair of Senate Energy and Natural Resources Subcommittee on Energy

#2 New York Times: California Judge Calls Time Out for Climate Change Law

#3 Sojourners Magazine: Taxes and the Common Good

#4 An open letter to President Obama from the Basic Income Network

#5 The Libertarian Climate Conundrum

#6 Another libertarian for a carbon tax, or the CLEAR Act

#1 The State Column on Maria Cantwell’s confirmation as chair of the Subcommittee on Energy for the second consecutive Congress

“Since coming to the Senate, one of Cantwell’s top priorities has been making our nation’s energy system cleaner, more efficient, and more diverse. She is co-author of the bipartisan Carbon Limits and Energy for America’s Renewal (CLEAR) Act, a breakthrough bipartisan, alternative climate bill which uses a simple, market-based system to spur clean-energy job growth, protect Americans from energy price increases, and reduce global warming pollution. The CLEAR Act’s ‘cap-and-dividend’ framework will harness American innovation and enterprise to create jobs and spur new technologies, guard all low and middle income households from energy rate increases through monthly rebates, get government out of the business of picking energy technology and special interest winners and losers, and avert the worst dangers of global warming.”
For the full article go to: http://www.thestatecolumn.com/state_politics/washington/sen-maria-cantwell-america-must-lead-transition-to-clean-energy-economy/

#2 New York Times: California Judge Calls Time Out for Climate Change Law, by Felicity Barringer

“In faulting the Air Resources Board’s consideration of alternatives, Judge Goldstein sounded like a teacher saying that a student had neglected one essay test question almost entirely: ‘Most notably, the scoping plan fails to provide meaningful information of discussion about the carbon fee (or carbon tax) alternative in the scant two paragraphs devoted to this important alternative. The brief 15-line reference to the carbon fee alternatives consists almost entirely of bare conclusions justifying the cap-and-trade decisions. Informative analysis is absent.’”
For the full article go to: http://green.blogs.nytimes.com/2011/03/22/california-judge-calls-time-out-for-climate-change-law/?scp=1&sq=California%20judge%20calls%20time-out&st=cse

#3 Sojourners Magazine: Taxes and the Common Good, by Chuck Collins

“Perhaps the most critical tax intervention to slow climate change would be to put a price on dumping carbon into the atmosphere, from our transportation, energy, and other sectors. A gradually phased-in tax on carbon would create huge incentives to invest in energy conservation and regional green infrastructure. Proposals include a straight carbon tax or a “cap and dividend” proposal that would rebate 50 percent revenue to consumers to offset increased costs of some products and still generate $52 billion per year.”
For the full article go to: http://wealthforcommongood.org/sojourners-magazine-taxes-and-the-common-good/.

#4 Basic Income Network, open letter from Karl Widerquist

“Basic Income is the simple idea of a small, government-ensured income for all citizens. Many opportunities exist to introduce a similar program at the federal level. The Cap-and-Dividend and Tax-and-Dividend approaches to global warming include a small Basic Income. The inclusion of this dividend can help counter the argument (used against the Cap-and-Trade approach) that taxes on carbon emissions will hurt average American families.”
For the full letter go to: http://www.scribd.com/doc/51206597/null.

#5 The Libertarian Climate Conundrum

“A Fee-and-Dividend approach would be more transparent, less vulnerable to special interest pleading, more conducive to investment in technological innovation (because it would avoid the price volatility produced by cap-and-trade), would be easier to implement within existing trade rules (and would not require a new international agreement for this purpose), and — if implemented as Hansen suggests— be less costly to most Americans. (Emphasis mine) Yes, a Libertarian agrees with James Hansen’s free market approach to dealing with climate change.”
For the full article go to: http://www.skepticalscience.com/news.php?n=648.

#6 Another libertarian for a carbon tax, or the CLEAR Act

“Reason [Magazine’s] Ronald Bailey is sort of the exception. He believes in global warming and favors a carbon tax. . . You will not see very many nice things written in Reason about carbon emissions-limiting legislation proposed by congressional Democrats. But Bailey did basically endorse the Cantwell/Collins CLEAR act, which would’ve limited carbon emissions through permit auctions, and that proposal once looked like it had a slight chance at going somewhere.”
For the full article go to: http://www.salon.com/news/politics/war_room/2011/03/08/kochs_global_warming

 

CCAN encourages readers of the Cap and Dividend Policy Update to distribute it to others who might be interested. We welcome input on the contents of this publication and ideas for what could be included. Send to Ted Glick at ted@chesapeakeclimate.org. To find out more about CCAN go to www.chesapeakeclimate.org.

Global Heating Causes Earthquakes

Number of earthquakes worldwide in 1990: 16,590—-number in 2008: 31,777
-U.S. Geological Society National Earthquake Information

I have to say that when I first started hearing about this possible connection a couple of years ago, I was kind of a skeptic. Part of me reacted, “Hey, we’re already contending with head-in-the-sand people Continue reading

Retire coal in Alexandria

When thinking about coal in Virginia, one’s mind often goes to destructive mountaintop removal coal mining in the Appalachian mountains of southwest Virginia, Dominion’s coal plant under construction in Wise County, or the Hampton Roads coal plant proposed by the Old Dominion Electric Cooperative. In short, it is easiest to think of dirty energy projects in rural and southern parts of the state. Yet coal is in Northern Virginians’ backyards as well.

Monday night, over 60 local activists, community leaders and organizers came together to fight dirty coal in Alexandria. The coal-fired power plant on the bank of the Potomac is making local communities sick and contributing to climate change as one of the top sources of planet-warming carbon emissions in the DC area. The former “Mirant coal plant” is now owned by GenOn, a Houston-based corporate polluter keeping the 514 MW plant burning on standby for the sake of their own profits. Continue reading

Coal Too Expensive for VA Ratepayers and Taxpayers

Last night, I filled the tank of my Zipcar with gas that was almost $4.00 per gallon. It was quite a pricey reminder of the volatility of fossil fuel markets. While coal prices have traditionally been less linked to global events, U.S. coal prices are becoming increasingly set by worldwide demand. That’s just one of the reasons that the Union of Concerned Scientists named the building of new coal-fired power plants “an extremely risky long-term investment” in a new report released last week.

“A Risky Proposition: The Financial Hazards of New Investments in Coal Plants” lays out the multitude of reasons that it’s bad for business for electric utilities to make new investments in coal-burning power plants, such as Old Dominion Electric Cooperative’s proposed power plant in Surry County, VA.

While CCAN opposes this plant because it would spew out about 15 million tons of global warming pollution

Maryland Wind Opponents Admit They're "Motivated By Fear"

Fear and money, as these past few years of recession have made abundantly clear, are two very powerful political forces especially when combined. And as we’re seeing right now in places like Wisconsin, powerful political and corporate players are hard at work exploiting fears over money to advance their political agendas. It’s the worst form of cynical political ploys Continue reading