President's Better Buildings Initiative & Energy Efficiency Proposals

Feb 3: In his State of the Union, President Obama laid out his vision for "Winning The Future" by investing in innovative clean energy technologies and doubling the share of electricity from clean energy sources by 2035 [See WIMS 1/26/11]. Alongside that effort, the President is proposing new efforts to improve energy efficiency in commercial buildings across the country. In a release the White House said last year, commercial buildings consumed roughly 20 percent of all energy in the U.S. economy. Improving energy efficiency in our buildings can create jobs, save money, reduce our dependence on foreign oil, and make our air cleaner.

 

    The President's "Better Buildings Initiative" is designed to make commercial buildings 20 percent more energy efficient over the next decade by "catalyzing private sector investment through a series of incentives to upgrade offices, stores, schools and other municipal buildings, universities, hospitals, and other commercial buildings." The White House said the initiative builds on investments already made through the American Recovery and Reinvestment Act (ARRA), and the continued commitment to passing the President's proposed "HOMESTAR" legislation to encourage American families to make energy saving upgrades in their homes.

 

    The Administration outlined three critical elements of the plan: (1) Achieve a 20 percent improvement in energy efficiency by 2020: Under the President's plan, by 2020, it is proposed to make commercial building space in the United States 20 percent more energy efficient through cost-effective upgrades; (2) Reduce companies' and business owners' energy bills by about $40 billion per year: Making buildings more energy efficient will save business owners money by reducing their energy bills by about $40 billion at today's prices; and, (3) Save energy by reforming outdated incentives and challenging the private sector to act: The President is calling for an aggressive reform of existing tax and other incentives for commercial building retrofits and proposing a new competitive grant program. In turn, he is asking corporate leaders to commit to making progress toward his energy goals.

 

    The President's Budget will propose to make American businesses more energy efficient through a series of new initiatives including: New tax incentives for building efficiency; More financing opportunities for commercial retrofits; "Race to Green" for state and municipal governments that streamline regulations and attract private investment for retrofit projects; The Better Buildings Challenge; and Training the next generation of commercial building technology workers. The Administration also said the Better Buildings Initiative will complement the initiatives the President has already launched for government and residential buildings, including the $20 billion in funding for building energy efficiency in ARRA.

 

    The President has asked President Clinton, who he said has been a champion for this kind of energy innovation, to co-lead the private sector engagement in the Better Buildings Initiative along with the President's Council on Jobs and Competitiveness, headed by Jeff Immelt, the CEO of General Electric.

 

    The White House indicates that the initial response to the proposal "has already been overwhelmingly positive." They have posted some responses and links from: The Real Estate Roundtable; U.S. Green Building Council; Mayor Michael Bloomberg, New York City; Building Owners and Managers Association International; Sheet Metal Workers' International Association; Window and Door Manufacturers Association; National Multi Housing Council (NMHC) and the National Apartment Association (NAA); American Institute of Architects; Energy and Sustainability Services, Jones Lang LaSalle; The Center for American Progress; World Business Council for Sustainable Development; The Energy Future Coalition; and U.S. Green Building Council.

 

    Access a lengthy release from the White House with further details on the President's energy initiatives (click here). Access the White House blog posting on the early reaction to the Better Buildings Initiative and links to supporters (click here). Access the President's February 3, speech on Innovation delivered at Penn State University including many comments on energy efficiency and innovation (click here).

 

THE REST OF TODAY'S NEWS
- Senate Hearing On Updating & Modernizing TSCA
- EPA Launches "Sustainable Communities Building Blocks"
- DOE's Chu Touts ARPA-E Projects & Upcoming Summit
- DOE Facilitating High-Efficiency Commercial Air Conditioners
- DOE's Energy Innovation Portal Tops 300 Market Ideas
- Dioxin Review Panel Teleconference March 1 & 2
- USGS Research Will Improve Climate Models
- Senators Introduce Pipeline Transportation Safety Improvement Act 

(Click here for details)

GOP Leaders Release Draft Bill To "Stop EPA's Cap & Trade Agenda"

Feb 2: U.S. Representative Fred Upton (R-MI), Chairman of the House Energy and Commerce Committee, Representative Ed Whitfield (R-KY), Chairman of the Energy and Power Subcommittee, and Senator James Inhofe (R-OK), Ranking Member of the Senate Committee on Environment and Public Works, issued a joint statement on the release of their discussion draft, "The Energy Tax Prevention Act of 2011." The Energy and Power Subcommittee is scheduled to hold a hearing on the draft legislation next Wednesday, February 9, at 10:00 AM.

    The Republican environmental committee leaders said they were releasing the draft as part of "a deliberative process with their colleagues on both sides of the aisle to discuss the most effective approach to stop EPA's cap and trade agenda." They said the draft legislation is based on the belief that: "(1) Congress, not EPA bureaucrats, should be in charge of setting America's climate change policy; and that, (2) A 2-year delay of EPA's cap-and-trade agenda provides no meaningful certainty for job creators, fails to protect jobs, and punts decision-making in Congress on a critically important economic issue past the voters and the election next year."

    According to a release, "The Energy Tax Prevention Act of 2011" would: Stop EPA bureaucrats from making legislative decisions that should be made by Congress; Clarify that the Clean Air Act was not written by Congress to address climate change; Stop EPA bureaucrats from imposing a backdoor cap-and-trade tax that would make gasoline, electricity, fertilizer, and groceries more expensive for consumers; and Protect American jobs and manufacturers from overreaching EPA regulations that hinder our ability to compete with China and other countries.

 

    The members said, "With this draft proposal, we are initiating a deliberative, transparent process that we hope will prevent EPA from imposing by regulation the massive cap-and-trade tax that Congress rejected last year. We firmly believe federal bureaucrats should not be unilaterally setting national climate change policy, and with good reason: EPA's cap-and-trade tax agenda will cost jobs, undermine the competitiveness of America's manufacturers, and, as EPA has conceded, will have no meaningful impact on climate. In other words, all cost with no benefit. America's consumers, large and small businesses, farmers, and entrepreneurs should not carry this burden. We look forward to working with our colleagues on both sides of the aisle, and the Obama Administration, to pass and sign into law legislation that stops EPA, puts Congress in charge, and helps get our economy growing again."

    The action follows by a couple of days, a similar effort launched on January 31, by U.S. Senator John Barrasso (R-WY) who introduced the "Defending America's Affordable Energy and Jobs Act" (S. 228). Senator Barrasso said his bill "would stop Washington bureaucrats from regulating greenhouse gases (GHG) for the purpose of addressing climate change without specific Congressional authorization." Barrasso's bill has 9 co-sponsors, including: Roy Blunt (R-MO), John Cornyn (R-TX), Mike Enzi (R-WY), James Inhofe (R-OK), Jerry Moran (R-KS), Orrin Hatch (R-UT), Pat Roberts (R-KS), John Thune (R-SD), and  David Vitter (R-LA) [See WIMS 1/31/11].

    Equally troubling for EPA and the Obama Administration, Senator John Rockefeller (D-WV) has introduced S. 231, a bill to suspend, until the end of the 2-year period beginning on the date of enactment of the Act, any U.S. EPA action under the Clean Air Act "with respect to carbon dioxide or methane pursuant to certain proceedings, other than with respect to motor vehicle emissions, and for other purposes." Senator Rockefeller's bill has six Democratic cosponsors including: Senators Kent Conrak (D-ND), Tim Johnsor (D-SD), Joe Manchin (D-WV), Claire McCaskill (D-MO), Ben Nelson (D-NE) and Jim Webb (D-VA).

    Both Senate bills have been referred to the Senate Environment and Public Works (EPW) Committee, Chaired by Senator Barbara Boxer (D-CA). Senator Boxer and other Democratic EPW Committee members released statements reacting to the GOP leaders draft proposal. Senator Boxer said, "Bipartisan environmental laws are now under attack. EPA's common-sense steps to address carbon pollution follow the law and the Supreme Court decision that the agency must consider this threat. Congress should not turn its back on the American people by prohibiting EPA from doing its job to address carbon pollution." Senator Frank Lautenberg (D-NJ) said, "These attacks on the Clean Air Act will only take us backwards to a time when big polluters dirtied our air with impunity and hurt the health of our children. If Republicans want to tear down the progress we have made to make air cleaner in America, they're going to get a fight from those of us who are committed to the public health of our communities."

    Senator Ben Cardin (D-MD) said, "The facts are simple: EPA's work to protect human health and the environment through the Clean Air Act has saved hundreds of thousands of lives and provided literally trillions of dollars in health benefits. It also has helped generate billions of dollars in revenues for American environmental businesses and exports that support 1.6 million American jobs. Legislation to stop EPA from doing its job under the Clean Air Act is misguided and must not move forward." Senator Bernie Sanders (I-VT) said, "As Chairman of the Green Jobs Subcommittee, I believe the American people want Congress to protect our families from pollution and create jobs in sustainable energy. As this legislation makes clear, however, Republican leaders in the House and Senate think we should be bailing out big polluters by exempting them from Clean Air Act standards. I will vigorously oppose this and other efforts to gut our nation's clean air health standards."

    Senator Sheldon Whitehouse (D-RI) said, "These short-sighted attempts to roll back EPA's authority to protect air quality will do harm to clean energy jobs, energy efficiency, and our children's health. We should be working to stimulate our clean energy economy and protect public health, not protecting polluters." Senator Tom Udall (D-NM) said, "This bill goes way too far by undermining the Clean Air Act and putting politics over public health. The Supreme Court and the best climate science - some of which comes from New Mexico's national labs -- compelled the Environmental Protection Agency to act and protect health and welfare of our citizens. EPA oversight is an important responsibility and I will continue to evaluate the impact of the agency's performance." Senator Kirsten Gillibrand (D-NY) said, "We need strong protections for the air we breathe and the water we drink.  This extreme attack on the Clean Air Act protects polluters, while putting our health at risk. At a critical time when we need to be addressing climate change and impacts on public health, this assault on our environmental protections takes us in the wrong direction."

    Access a release from the GOP leaders (click here). Access the discussion draft bill (click here). Access S.228 (click here). Access S.231 (click here). Access a release from Senator Boxer and other EPW members (click here).

THE REST OF TODAY'S NEWS
- Perchlorate Standard & 16 More Chemicals In Drinking Water Strategy
- Senate EPW Hearing On Public Health & Drinking Water Issues

- UN Genetic Resources Treaty Open For Signing
- WRR Launches Interactive Climate Adaptation Website
- Climate Strategies Report On The Future Of The UNFCCC Process
- Association of Irritated Residents v. EPA
- Ocean County Landfill Corp v. US EPA
- California Wilderness Coalition v. US Department of Energy
- Chico Service Station, Inc. v. Sol Puerto Rico Ltd.

(Click here for details)

Note: WIMS Daily... Wednesday, February 2, 2011

Subscribers & Readers Note: Distractions and delays due to our extensive snowfall and drifting have caused us to suspend publication for today. We'll be back tomorrow.

Sen. Bingaman Outlines Energy Priorities For The 112th Congress

Jan 31: In a major speech to the affiliated Washington, DC progress think tanks, NDN and the New Policy Institute, Senate Energy & Natural Resources Committee Chairman Senator Jeff Bingaman (D-NM) outlined what he envisions to be the "Energy Priorities for the 112th Congress."

 

    He said, "At the beginning of this new Congress, it is already becoming clear that energy policy will have a major place on this Congress's agenda. "Part of that is because the President made clear last week in his State of the Union Speech he will give energy a major priority in his administration. In part, it is because our energy security is dependent on overseas supplies and global stability. The events that we have seen unfold in North Africa and the Middle East are stark reminders that the world is an unpredictable place. Whenever geopolitical events potentially affect our access to affordable energy supplies, it is a spur to consider energy policies that might reduce those geopolitical risks.

 

    "But perhaps more important than any of those reasons is the competitive pressure we are experiencing from other major world economic powers, as they take a very leading role in clean energy markets. According to Bloomberg New Energy Finance, new investment in clean energy globally reached nearly a quarter of a trillion dollars in 2010. That was a 30 percent jump from where it was in 2009, and a 100 percent increase from the level in 2006. China alone invested $51.1 billion in clean energy in 2010, making it the world's largest investor in this sector. China now manufactures over half of the photovoltaic modules used globally.  In 2010, China installed about 17 gigawatts of new wind capacity, roughly half of the total capacity installed globally, with virtually all the equipment being supplied by its domestic manufacturers.

 

    "But the concern about the competition for clean energy jobs is not just about China. Europe also made major strides last year towards competing in these markets. Countries like Germany, the Czech Republic, Italy, and the United Kingdom, have emphasized small-scale distributed electricity generation projects. In Germany, 8.5 gigawatts of new photovoltaic capacity were added in 2010.  So there is a lot going on around the world in that subject. We also see that other countries consume energy more efficiently than we do.  According to the International Energy Agency (or IEA), Japan, the United Kingdom, and Canada are all ahead of the United States in implementing policies to make sure they get the most out of every BTU that  they consume. Japan has its 'Top Runner' program, which encourages competition among appliance and equipment manufacturers to continuously improve the efficiency of those appliances and that equipment. 

 

    "So the question is, how do we respond to this competitive world for the clean energy jobs?  I believe that to remain at or near the forefront of this strongly developing market, we need to do at least four things:

• First, we need to ensure that we remain at the forefront of energy research and development, since innovation is the source of our greatest competitive strength.  The President made that point in his State of the Union Speech and in other forums, as well.
• Second, we must ensure that we have a strong domestic market for clean energy technologies.  Without clean energy market-pull in the United States, there will not be the incentive to manufacture and deploy these technologies here.
• Third, we have to ensure that we have the necessary financial infrastructure and the incentives to provide the capital needed to build advanced energy technology projects.
• And finally, we need to have explicit policies to promote the development of U.S. manufacturing capabilities for these clean energy technologies.

    "I think these four items or elements should be at the heart of whatever comprehensive energy legislation that we undertake in this Congress.  Let me say a few more words about each of them. . . So these are four key strategic elements that need to be included in any energy legislation in this Congress, if an energy bill is to help us compete in global energy markets in the future.  None of these individual ideas are new, but their interconnection is now more apparent.  A few years ago, we thought that we could do just one or a few of these things and be successful.  It is now clear that you must do all four of them and do so on a level that is competitive with what other countries are doing. . ."

 

    Senator Bingaman then outlined specific policy initiatives that he said "will be very timely for us to pursue in the Senate this year." He said he anticipates a lot of meetings and bipartisan dialogue over the next few weeks as the Senate Energy & Natural Resources Committee works out a legislative roadmap for this Congress. 

 

    The policy initiatives that he mentioned included: (1) energy efficiency including appliances, residential and commercial buildings , manufacturing and industrial operations; (2) moving to a cleaner energy mix in the way electricity is generated, i.e. a Renewable Electricity Standard; (3) financing assistance for energy projects including reforming the current loan guarantee program, providing financing support for advanced energy manufacturing in this country, and providing reasonable stability and predictability in the tax provisions that apply to clean energy projects and technologies; (4) proper and effective regulation of energy development to order to protect the public health and safety and the environment (i.e. oil and gas drilling regulations); and, (5) the vulnerability of our electrical grid to cyber attack.

 

    Access Senator Bingaman's complete speech (click here).

 

THE REST OF TODAY'S NEWS
- U.S. Chamber Releases Plans For "Facing Our Energy Realities" 
- Dems Report On Diesel Fuel Use In Hydraulic Fracturing
- Enviros' Report Links Hexavalent Chromium To Coal Ash Sites
- EPA's Top 50 Green Power Partners Use 13.5 Billion kWh
- PA Study Reveals No Air Health Concerns Near Shale Gas Sites
- BP Plans To Resume Dividends; Rep. Markey Says Not So Fast

(Click here for details)

White House Launches "Startup America" Initiative

Jan 31: Today, the White House is launching "Startup America," a national campaign to promote high-growth entrepreneurship across the country with new initiatives to help encourage private sector investment in job-creating startups and small firms, accelerate research, and address barriers to success for entrepreneurs and small businesses. The campaign is designed to assist in achieving the goals that President Obama outlined in his SOTU address of -- "out-innovating, out-educating, and out-building the rest of the world."

 

    Today, President Obama said, "Entrepreneurs embody the promise of America: the belief that if you have a good idea and are willing to work hard and see it through, you can succeed in this country. And in fulfilling this promise, entrepreneurs also play a critical role in expanding our economy and creating jobs. That's why we're launching Startup America, a national campaign to help win the future by knocking down barriers in the path of men and women in every corner of this country hoping to take a chance, follow a dream, and start a business." Startup America is the White House initiative to celebrate, inspire, and accelerate high-growth entrepreneurship throughout the nation. 

    According to an announcement from the White House, the coordinated public/private effort brings together an alliance of the country's most innovative entrepreneurs, corporations, universities, foundations, and other leaders, working in concert with a wide range of Federal agencies to dramatically increase the prevalence and success of America's entrepreneurs. Startup America is an important element of President Obama's overall innovation strategy.

    The core goals of Startup America are to increase the number of new high-growth firms that are creating economic growth, innovation, and quality jobs; celebrate and honor entrepreneurship as a core American value and source of competitive advantage; and inspire and empower an ever-greater diversity of communities and individuals to build great American companies. The White House said startups bring a wealth of transformative innovations to market, and they also play a critical role in job creation in the United States. Those entrepreneurs who are intent on growing their businesses create the lion's share of these new jobs, in every part of the country and in every industry. Moreover, it is entrepreneurs in clean energy, medicine, advanced manufacturing, information technology, and other fields who will build the new industries of the 21st century, and solve some of our toughest global challenges.

    The White House announcement said the Startup America will: Expand access to capital for high-growth startups throughout the country; Expand entrepreneurship education and mentorship programs that empower more Americans not just to get a job, but to create jobs; Strengthen commercialization of the about $148 billion in annual federally-funded research and development, which can generate innovative startups and entirely new industries; Identify and remove unnecessary barriers to high-growth startups; and Expand collaborations between large companies and startups.

    Some of the new initiatives and incentives to encourage the private sector to invest in new startups that were outlined include:

• The President's new budget will propose making permanent the elimination of capital gains taxes on key investments in small businesses, which was passed as a temporary provision in 2010 as part of the Small Business Jobs Act the President signed in September. The budget will also propose expanding the New Markets Tax Credit to encourage private sector investment in startups and small businesses operating in lower-income communities.
• The Small Business Administration (SBA) will direct $2 billion in existing guarantee authority over the next 5 years to match private sector investment funding for startups and small firms in underserved communities, as well as seed and early-stage investing in firms with high growth potential, through its Small Business Investment Company (SBIC) program.
• Together SBA and the Department of Energy will boost high-quality mentorship for cleantech startups, while the Veterans Administration is launching new training programs for Veterans who want to start new businesses.
• The Department of Commerce will expand the i6 Challenge to help foster the commercialization of clean technologies, and are finalizing a plan to allow entrepreneurs to request faster review of their patents, an initiative that should lower patent pendency times overall and speed the deployment of new ideas to the marketplace. [Note: the i6 Challenge is a $12 million program to identify and support the nation's best ideas for technology commercialization and entrepreneurship in six different regions of the country].

    In addition, a number of private sector and philanthropic commitments are being announced alongside the launch of the "Startup America Partnership. For example, the Charles Stewart Mott Foundation will fund an initiative that will create a Virtual Incubation Network at America's community colleges led by The American Association of Community Colleges, in partnership with National Association for Community College Entrepreneurship. Virtual incubator models will be tested at ten community college locations in the country. 

    Also, JumpStart Inc., a nationally recognized non-profit venture development organization based in Cleveland, Ohio announces JumpStart America, a new national initiative to build robust public, private and philanthropic partnerships to create or accelerate regionally-based innovation and entrepreneurship programs.  Most importantly, these efforts will accelerate the efforts and economic impact of thousands of new and existing firms across the U.S. and create hundreds of thousands of new private sector jobs in the next four years. Funders of JumpStart America's initial work include the John S. and James L. Knight Foundation and the Surdna Foundation, which are supporting a $40 million effort to accelerate regional entrepreneurial ecosystems in Ohio, Indiana, Michigan, Minnesota, and New York.  

    Access an announcement from the White House and link to more information including: Frequently Asked Questions, Obama Administration Commitments, Private Sector Commitments, National Innovation Strategy, State of the Union Address, Small Business Jobs Act, National Entrepreneurs' Day (click here). Access a White House blog post (click here). Access a posting from the Office of Science & Technology Policy (click here). Access a White House fact sheet on the initiative (click here). Access the Startup America Partnership website (click here).

 

THE REST OF TODAY'S NEWS
- NAAQS For CO To Remain With More Focused Monitoring
- Sierra Club Launches Campaign Against Koch Bothers
- States Announce Formation Of Interstate Chemicals Clearinghouse
- USDA Gives GE Roundup Ready Alfalfa "Non-Regulated" Status
- Sen. Barrasso Bill Would Curtail Federal Rules On GHG
- NAFTA Group Calls For Environmentally Sustainable Economy
- USDA Conservation Reserve Program Signup Mar 14 To Apr 15
- El Paso Natural Gas Company v. USA

(Click here for details)

WIMS Blogs Nominated For Prestigious LexisNexis Award

Jan 27: Waste Information & Management Services, Inc. (WIMS) is pleased to announce that three of our environmental information blogs -- eNewsUSA, Environmental Appeals Court, and Great Lakes Environment -- have all been nominated for prestigious recognition by LexisNexis Environmental Law & Climate Change Community (ELCCC). LexisNexis is a leading global provider of content-enabled workflow solutions designed specifically for professionals in the legal, risk management, corporate, government, law enforcement, accounting, and academic markets. LexisNexis provides customers with access to billions of searchable documents and records from more than 45,000 legal, news and business sources.

 

    According to an announcement of the nominations from LexisNexis, "The environmental law and climate change practice area is part of an evolving phenomenon that is being touted in some circles as the next Rule of Law. Nowhere is this global renaissance more apparent than the blogosphere, which has spawned a surprisingly large (and growing) number of blogs in every conceivable niche category. For the first time, this Community will recognize the thought leaders who share their expertise -- and their divergent points of view -- with the online world by awarding an honorary designation to the Top 50 Blogs for Environmental Law & Climate Change. As many of you know, there are blogs, and then there are blogs. As we consider blogs for membership in ELCCC's Top 50, we look for timely topics, quality writing, frequent posts and that certain something 'extra' that keeps a web audience coming back for more. Our readers have come to expect nothing less, and we wouldn't have it any other way."

 

    An initial list of nominees for ELCCC's Top 50 blogs for 2011 is included in the announcement (see link below). The announcement indicates that the top blogs campaign will move ahead in several phases. A comment period has begun and extends until February 14, 2011. Following the comment period, ELCCC staff will select the Top 50 Environmental Law & Climate Change Blogs for 2011. Thereafter, the matter will be put to a vote of the Environmental Law & Climate Change Community to pick the Top Blog of the Year.

 

    ELCCC indicates that "if you want to nominate a new blog or say what you think about an existing nominee, you'll have to post a comment. It's easy and only takes a minute." To comment, users must register for a free account and then access the ELCCC Top 50 blogs announcement page (see link below). Scroll down to the bottom, past the listing of all nominees, fill in name, type comment in the box and press "Add." Comments will appear a few seconds later. Remember: the comment period for nominations closes on February 14 2011. WIMS encourages subscribers and readers to post a comment regarding our blogs.

 

    WIMS is honored to be included among a very select group of blogs nominated including those published by (for example): Many distinguished law firms and attorneys from around the country; The New York Times; United States Environmental Protection Agency; The Environmental Defense Fund; Earthjustice; Erin Brockovich; Natural Resources Defense Council; Pace Law School; The Western Wildlife Conservancy; The Endangered Species Coalition; Defenders of Wildlife; International Fund for Animal Welfare; The Humane Society of the United States; American Rivers; The Clean Air Watch; and UC Berkeley School of Law and UCLA School of Law. The complete list of nominees is included on the 50 blogs announcement page (see link below). 

 

    Access the LexisNexis ELCCC 50 blogs announcement page (click here). Access eNewsUSA (click here). Access Environmental Appeals Court (click here). Access Great Lakes Environment (click here).

 

THE REST OF TODAY'S NEWS
- Five Meetings On GHG Regs For Power Plants & Refineries
- Senate Hearing On BP Commission Report & Oil/Gas Drilling
- Chairman Upton Statement On NRC Delays In Plant Licensing
- Groups Say 123 House Members Are Supporting Anti-EPA Bills
- USDA's On-Farm Energy Audit/Implementation Initiative
- EPA Wants Comments On Vapor Intrusion At Superfund Sites
- EPA Environmental Justice Small Grants Opportunity
- Northern California River Watch v. Wilcox
- Precon Development Corporation v. US Army Corps  

(Click here for details)

Dems & GOP Settle On Senate Rules Reform Package

Jan 27: According to an announcement from Senate Majority Leader Harry Reid (D-NV), Democrats and Republicans have reached an agreement on a rules package that includes a pledge by Minority Leader Mitch McConnell (R-KY) not to use the so-called "constitutional option" to seek to change Senate rules "in this or the next Congress." The "constitutional option" would allow the Majority Leader to call for a simple majority vote to approve a Senate Rule change [See WIMS 1/7/11].

 

    Senator Reid said, "We are making these changes in the name of compromise, and this agreement itself was constructed with the same respect for mutual concession. Senator McConnell and I both believe that our reverence for this institution must always be more important than party. And as part of this compromise, we have agreed that I won't force a majority vote to fundamentally change the Senate -- that is, the so-called 'constitutional option' -- and he won't in the future. The five reforms we are making, however, are significant. They will move us five steps closer to a healthier Senate."

    Under the terms of the agreement the Senate will hold votes on:

• Eliminating secret holds, including the right of senators to pass their secret holds to another anonymous senator to keep a rolling secret hold;
• Eliminating the delaying tactic of forcing the reading of an amendment that has already been submitted for 72 hours and is publicly available;
• Legislation to exempt about 1/3 of all nominations from the Senate confirmation process, reducing the number of executive nominations subject to Senate delays, which will be scheduled at a future date under the terms of an agreement reached by Sens. Mitch McConnell and Lamar Alexander, Homeland Security and Government Affairs Chairman Joe Lieberman and HSGA ranking member Sen. Susan Collins, along with Sens. Reid and Chuck Schumer.

    In addition, in a colloquy entered into the record: Sen. McConnell agreed not to use the constitutional option to seek to change Senate rules "in this Congress or the next Congress." [and] Sen. McConnell agreed to reduce use of the filibuster on motions to proceed and Sen. Reid agreed to reduce the use of "filling the tree" to block all amendments.

    Senator Chuck Schumer (D-NY) said, "While we didn't get everything we wanted to, the Senate will be a significantly better place with these changes. As a result of this agreement, there should be more debate, more votes and fewer items blocked by a single senator or a small minority of senators. Make no mistake about it: this agreement is not a panacea, but it is a very significant step on the road to making the Senate function in a better, fairer way. This would not have been possible without the continued insistence on change by Senators Tom Udall, Jeff Merkley and Tom Harkin [See related article below]. Their push to establish the Jimmy Stewart-style filibuster, which would require senators to actually hold the floor if they want to block a bill, is one I hope will be accepted by the other party in the future."

 

    Senator Reid said, "Our ability to debate and deliberate without the restraints of time limits is central and unique to the United States Senate. It's supposed to be that way.  It's in our DNA.  It's one of the many traits intentionally designed to distinguish this body from the House of Representatives, and from every other legislative body in the world.  It has always been central to the Senate, and it always should be. But when that arrangement is abused, we have to do something.  Not merely in the name of efficiency, or for the sake of a political party's fortunes in the next election.  We have to act because when abuses keep us from doing our work, they deter us from working together, and they stop us from working for the American people.  And within these four walls, it degrades the relationships that make the Senate run."

 

    Senator Reid provided a lengthy account of some of the recent abuses of Senate rules and the reasons identified many reasons why observers are saying the Senate is broken. He concluded saying, ""I know some want us to go even further.  There are just as many arguments for not going so far.  But remember this: We are making these changes in the name of compromise, and this agreement itself was constructed with the same respect for mutual concession. Senator McConnell and I both believe that our reverence for this institution must always be more important than party.  And as part of this compromise, we have agreed that I won't force a majority vote to fundamentally change the Senate -- that is, the so-called 'constitutional option' – and he won't in the future. The five reforms we are making, however, are significant.  They will move us five steps closer to a healthier Senate."

 

    Access the complete announcement and statement from Senator Reid (click here).

 

THE REST OF TODAY'S NEWS
- Broken Senate Rules Have Stopped Efforts To Reform Them
- The Debate Begins On Regulatory Reform & Executive Order 13563
- More Details & Budget Clues On President's SOTU Message
- Environmental Groups Reaction To President's SOTU Message

(Click here for details)

SOTU: "Sputnik Moment" 80% Green Energy By 2035

Jan 25: President Obama in his State of the Union message called for some major actions including a major focus on job creation; a commitment to address the immigration issue; investments in education; simplifying the tax code; reducing the corporate tax rate; freezing Federal spending for 5 years; ending earmarks; and developing a proposal to merge, consolidate, and reorganize the Federal government. And, he spent a considerable amount of the speech talking about clean energy and rebuilding infrastructure. He reset some new national goals and called for 80% of America's electricity to come from clean energy sources by 2035; a million electric vehicles on the road by 2015; and 80% access to high-speed rail by 2035. Notably absent was any direct mention of the climate change issue or the word "environment." And, in the wake of yesterday's announcement that the so-called "climate czar" Carol Browner would be leaving, when White House Senior Adviser Valerie Jarret was asked about filling the position, she was noncommittal.

 

    Specifically, on energy related matters the President said, "Sustaining the American Dream has never been about standing pat.  It has required each generation to sacrifice, and struggle, and meet the demands of a new age. And now it's our turn. We know what it takes to compete for the jobs and industries of our time. We need to out-innovate, out-educate, and out-build the rest of the world. We have to make America the best place on Earth to do business. We need to take responsibility for our deficit and reform our government. That's how our people will prosper. That's how we'll win the future. And tonight, I'd like to talk about how we get there.
                                  
      "The first step in winning the future is encouraging American innovation. None of us can predict with certainty what the next big industry will be or where the new jobs will come from. Thirty years ago, we couldn't know that something called the Internet would lead to an economic revolution. What we can do -- what America does better than anyone else -- is spark the creativity and imagination of our people.  We're the nation that put cars in driveways and computers in offices; the nation of Edison and the Wright brothers; of Google and Facebook.  In America, innovation doesn't just change our lives. It is how we make our living.

 

      "Our free enterprise system is what drives innovation. But because it's not always profitable for companies to invest in basic research, throughout our history, our government has provided cutting-edge scientists and inventors with the support that they need. That's what planted the seeds for the Internet. That's what helped make possible things like computer chips and GPS. Just think of all the good jobs -- from manufacturing to retail -- that have come from these breakthroughs.

 

      "Half a century ago, when the Soviets beat us into space with the launch of a satellite called Sputnik, we had no idea how we would beat them to the moon. The science wasn't even there yet.  NASA didn't exist. But after investing in better research and education, we didn't just surpass the Soviets; we unleashed a wave of innovation that created new industries and millions of new jobs. This is our generation's Sputnik moment. Two years ago, I said that we needed to reach a level of research and development we haven't seen since the height of the Space Race. And in a few weeks, I will be sending a budget to Congress that helps us meet that goal. We'll invest in biomedical research, information technology, and especially clean energy technology -- an investment that will strengthen our security, protect our planet, and create countless new jobs for our people.

 

      "Already, we're seeing the promise of renewable energy. Robert and Gary Allen are brothers who run a small Michigan roofing company. After September 11th, they volunteered their best roofers to help repair the Pentagon. But half of their factory went unused, and the recession hit them hard. Today, with the help of a government loan, that empty space is being used to manufacture solar shingles that are being sold all across the country. In Robert's words, "We reinvented ourselves."

 

      "That's what Americans have done for over 200 years: reinvented ourselves. And to spur on more success stories like the Allen Brothers, we've begun to reinvent our energy policy. We're not just handing out money. We're issuing a challenge. We're telling America's scientists and engineers that if they assemble teams of the best minds in their fields, and focus on the hardest problems in clean energy, we'll fund the Apollo projects of our time.

 

      At the California Institute of Technology, they're developing a way to turn sunlight and water into fuel for our cars.  At Oak Ridge National Laboratory, they're using supercomputers to get a lot more power out of our nuclear facilities. With more research and incentives, we can break our dependence on oil with biofuels, and become the first country to have a million electric vehicles on the road by 2015. We need to get behind this innovation. And to help pay for it, I'm asking Congress to eliminate the billions in taxpayer dollars we currently give to oil companies. I don't know if -- I don't know if you've noticed, but they're doing just fine on their own. So instead of subsidizing yesterday's energy, let's invest in tomorrow's.

 

      Now, clean energy breakthroughs will only translate into clean energy jobs if businesses know there will be a market for what they're selling. So tonight, I challenge you to join me in setting a new goal: By 2035, 80 percent of America's electricity will come from clean energy sources. Some folks want wind and solar.  Others want nuclear, clean coal and natural gas. To meet this goal, we will need them all -- and I urge Democrats and Republicans to work together to make it happen. . . "

 

    On the infrastructure issue, the President said, "To attract new businesses to our shores, we need the fastest, most reliable ways to move people, goods, and information -- from high-speed rail to high-speed Internet. Our infrastructure used to be the best, but our lead has slipped. South Korean homes now have greater Internet access than we do. Countries in Europe and Russia invest more in their roads and railways than we do. China is building faster trains and newer airports. Meanwhile, when our own engineers graded our nation's infrastructure, they gave us a 'D.'

 

      "We have to do better. America is the nation that built the transcontinental railroad, brought electricity to rural communities, constructed the Interstate Highway System.  The jobs created by these projects didn't just come from laying down track or pavement. They came from businesses that opened near a town's new train station or the new off-ramp. So over the last two years, we've begun rebuilding for the 21st century, a project that has meant thousands of good jobs for the hard-hit construction industry. And tonight, I'm proposing that we redouble those efforts. We'll put more Americans to work repairing crumbling roads and bridges. We'll make sure this is fully paid for, attract private investment, and pick projects based [on] what's best for the economy, not politicians.

 

      Within 25 years, our goal is to give 80 percent of Americans access to high-speed rail. This could allow you to go places in half the time it takes to travel by car. For some trips, it will be faster than flying -- without the pat-down. As we speak, routes in California and the Midwest are already underway. Within the next five years, we'll make it possible for businesses to deploy the next generation of high-speed wireless coverage to 98 percent of all Americans. . ."

 

    Access the full text of the SOTU address (click here). Access a White House blog post highlighting major media and pundit reactions to the President's speech (click here). Access a video of the SOTU (click here).

 

THE REST OF TODAY'S NEWS
- GOP & Tea Party SOTU Response Calls For Limited Government
- Chairman Upton Responds To President's SOTU Message
- Business Reaction To President's SOTU Message 
- Integrating Nature & Business; Dow & Nature Conservancy Join Forces
- GOP Leaders Vow To "Permanently Eliminate" GHG Regs
- SBA Reports Government Stimulus Helped Small Business
- $5.3 Million Penalty For 2nd Largest Petroleum Refinery

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Groups Say U.S.-China Energy & Climate Deals Are Significant

Jan 22: Both the Natural Resources Defense Council (NRDC) and the Center for American Progress (CAP) are saying that the recent "deals" announced by China's President Hu and President Obama on Hu's visit to the United States represent significant progress on global energy and climate issues [See WIMS 1/21/11].

 

    In a blog posting analyzing the recent events, NRDC said, "Significant steps have been taken in establishing meaningful, concrete clean energy cooperation projects since President Obama's visit to Beijing in November 2009, when a number of important US-China clean energy agreements were signed. In their joint statement, both countries 'applauded the progress made in clean energy and energy security since the launch of the U.S.-China Clean Energy Research Center, Renewable Energy Partnership, U.S.-China Joint Statement on Energy Security Cooperation, and Energy Cooperation Program.' And they agreed to work together to support the implementation of the Cancun Agreements and support efforts to achieve a positive outcome at the December 2011 climate change conference in South Africa."

 

    In a similar analysis CAP said, "What shouldn't be missed about Chinese President Hu Jintao's visit to the United States this week are the deals cut on clean energy among U.S. and Chinese companies and continuing collaboration between the two countries. Cooperation on clean energy between the world's two largest economies represents a win-win for the two countries. The clean energy agreements on technologies such as carbon capture and sequestration and natural gas provide billions of dollars in sales and export content. They benefit large and small U.S. companies while helping China grow in a more sustainable manner."

    NRDC highlights several announcements on US-China clean energy cooperation during the state visit which they say demonstrate progress on new and continuing programs. They highlight the following specifically:

• The three US-China Clean Energy Research Center (CERC) consortia finalized their work plans on building efficiency, advanced coal and carbon capture and storage (CCS), and clean vehicles.
• The announcement of two new Ecopartnerships: "The City of Charlotte, the State of North Carolina, and Duke Energy will form a three-tiered EcoPartnership with the City of Langfang, Hebei Province, and ENN/Xin'ao Group to exchange policy best practices (e.g., renewable portfolio standards), carry out joint demonstration projects (e.g., residential building efficiency demonstrations), and conduct trials for innovative clean energy technologies (e.g., exploring more effective ways to deploy smart meters). . . .  Case Western Reserve University will cooperate with the Chinese National Offshore Oil Corporation to research new energy efficiency techniques and new methods of lowering greenhouse gas emissions." (See Duke Energy's announcement, Case Western's news release and the list of existing Ecopartnerships.) 
• An agreement between the U.S. Department of Transportation, the National Development and Reform Commission, and other Chinese agencies to cooperate on next generation aviation biofuels, congestion and multimodal transportation planning, and livable communities.   
• A Statement of Intent between US DOE and China's Ministry of Science and Technology on data sharing for electric vehicle demonstrations projects between the cities of Los Angeles and Shanghai that will accelerate the deployment of electric vehicles.
• Announcement of a joint U.S.-China Eco-city Initiative between the U.S. DOE and China's Ministry of Housing and Urban-Rural Development, under which both sides will develop guidelines and policies to support the integration of energy efficiency and renewable energy into city design and operation.

    CAP cautions however, "While this collaboration is undoubtedly good, the United States is slowly losing its competitive edge in clean energy technology. HSBC bank projects that the global low-carbon market will triple to $2.2 trillion by 2020 as investor uncertainty is replaced with optimism that governments around the world will seriously begin to tackle climate change. But it points to the United States as a "significant outlier" in establishing low-carbon growth policies because of its failure to pass clean energy and climate legislation amid conservative attacks in Congress, which threaten to roll back existing authority to limit pollutants through the Clean Air Act."

    CAP continues saying, "Lack of U.S. clean energy policies and threats to rollback existing regulations increase investor uncertainty and reduce domestic demand for these technologies. This threatens clean energy technology innovation in our country -- to the extent that we may well miss this next industrial revolution. The United States can't afford to fall behind in innovation and lose job-creating opportunities. We must strengthen and enact clean energy policies to drive demand and innovation so that we can remain competitive in this emerging worldwide market and boost domestic economic growth. China, Germany, and other countries are surging ahead in the clean energy race."

    NRDC concludes, "The announcements this week during President Hu's visit remind us that China and the United States have much to benefit by cooperating on clean energy and climate, and that both bring enormous talents and resources to these endeavors.  While there are bound to be some differences between the countries on climate and energy issues in the future, the US-China Clean Energy Research Center, Ecopartnerships, and the many other public and private clean energy initiatives between our two countries make clear how much we each have to offer the other in the fight to address climate change and to secure a cleaner, more secure and healthier future for our people. These agreements will lead to tangible deployment of low-carbon technologies in both countries which will benefit not only the US and China, but also the world."

    Access the detailed posting from NRDC with many links to specifics (click here). Access the detailed posting from CAP with many links to specifics (click here). Also access a World Resources Institute posting analyzing U.S.-China Clean Energy Cooperation and CCS with many details and links (click here).

THE REST OF TODAY'S NEWS
- EPA, DOT & CA Announce Single Timeframe For Clean Car Standards
- SOTU Address; Republican Response; Tea Party Response
- CBD To Sue Under ESA To Protect 82 Imperiled Coral Species
- UCS Republican Recommendation To Defund IPCC Is "Foolhardy"
- DOE & NOAA On Renewable Energy Modeling & Weather Forecasting
- Ocean-Great Lakes Council Wants Comments For Strategic Plans
- Carol Browner To Leave White House Post
- House Hearing On Administration Regulatory Reform Plans 

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NRDC Issues Environmental State Of The Union Message

Jan 24: In an "Environmental State of the Union message," Peter Lehner, the Natural Resources Defense Council (NRDC) executive director, discusses what he calls "the promise and the perils of the new Congress" on the eve of the State of the Union. Lehner said:


    "When he delivers his State of the Union address on Tuesday, President Obama will present a report card on how the nation has fared the past year, offer up an agenda that seeks to bridge our partisan divide, and share with the American people his vision of where he wants to lead the country. The president can cover all three bases by embracing a clean-energy agenda that boosts our economy and strengthens the safeguards that protect our health, our waters, our lands and the air we breathe.

    "No review of 2010 can overlook one of the worst environmental disasters of our time -- the BP blowout in the Gulf of Mexico. This was a national wake-up call to break our costly and dangerous dependence on oil and move faster toward cleaner, safer, more sustainable sources of energy. Adopting this month's recommendations by the national BP oil spill commission is a good start. Nothing is more important than reviving our economy. And we can put millions of Americans back to work by investing in renewable fuels, fostering sustainable communities and demanding even more energy-efficiency in our cars, our workplaces, our homes and the products we use.

    "That also will make our companies more competitive and keep our workers at the forefront in the global race for clean-energy solutions -- and make us more secure and less dependent on foreign oil. We can debate the details and disagree over specifics. But inaction is no longer an option. Above all, we mustn't be stymied or mislead by those who paint these needed change as some devious job-destroying tax. What kills jobs is insisting on looking backward when opportunity lies ahead. That's the fundamental choice we face. Let's embrace our future and common destiny. Let's follow where opportunity leads.

    "Let's build on the strength of American innovation and investment. Let's not turn our backs on four decades of progress toward cleaner air, fresher water, healthier wildlife and more fertile lands that sustain us all. Toward that end, we must ensure that scientists at the Environmental Protection Agency retain the tools they need to do their job. After 40 years of progress -- getting the lead out of gasoline, phasing out ozone-depleting chemicals, reducing pollution that causes acid rain -- the agency's scientists have saved hundreds of thousands of lives and improved the quality of life for us all. A healthier nation means fewer people with asthma, heart and lung disease and cancer -- and billions of dollars in savings in health care costs. That also will increase our economic competitiveness across the board.

    "But Big Polluters and their allies in Congress are trying to block EPA from further updating health safeguards. But who wants to return to the dark days when heavy metals poisoned our waters and toxic chemicals tainted our air; when rivers ran so rich with oil and petrochemical waste that they literally burst into flames? The Big Polluters would gut the Clean Air Act, a 1970 law -- one of the most effective pieces of legislation in our history when it comes to protecting and improving our health. Rather, we should unite behind President Obama's pledge to cut U.S. carbon pollution and join the world in addressing the mounting challenge from climate disruption.

    "Instead of trying to shackle EPA, our leaders in Washington should support its mission to reduce mercury, arsenic, carbon dioxide and other life-threatening forms of pollution. Finally, with Congress due to take up a major transportation bill this year, we should use this opportunity to lay the groundwork for a competitive 21st-Century transportation system that will improve commerce and our quality of life.

    "Two hundred and twenty-one years after George Washington delivered the first State of the Union address to a joint session of Congress, we now are the guardians of a richly blessed but imperiled land. Let's not pass on to our children a legacy tarnished by fear and neglect. Let's stand up for the clean air, the fresh water, the healthy wildlife, and the stable climate upon which America's future depends."
    Access the NRDC release (click here).

THE REST OF TODAY'S NEWS
- GE Head To Chair President's Council On Jobs & Competitiveness
- Groups Report On Cost Of Cement Industry Regs
- UN Reports Outline Post-Cancun Path To CO2 Reductions
- Wind Energy Boom-Bust Cycles Due To Unpredictable Policies
- Transportation Research Extravaganza
- USDA Funds 68 Rural Renewable Energy Study Projects
- Environmental Innovation For Private Equity Firms
- Register Now For Brownfields 2011 In Philadelphia

(Click here for details)

EPA: Boiler MACT Rules To Be "Significantly Different" Than Proposed

EPA: Boiler MACT Rules To Be "Significantly Different" Than Proposed - Jan 20: A Federal District Court judge in Washington DC issued an order extending by 30 days U.S. EPA's deadline to issue emission standards for large and small boilers and solid waste and sewage sludge incinerators. EPA said it is disappointed that the extension was not longer; however, the Agency said it will work diligently to issue these standards by this new deadline. The ruling by U.S. District Judge Paul Friedman extends the court-ordered schedule for EPA to issue the rules from January 16, 2011 to February 21, 2011.

 

    In its opinion in the case of Sierra Club v. EPA, the Court said, "EPA has not justified its request for an extension until June 15 and July 15, 2011. Nor has EPA even attempted to show that a more expeditious schedule would be impossible. Indeed, EPA's own papers make clear to the Court that its requested extensions would not reflect a schedule of 'utmost diligence.' Accordingly, the Court rejects EPA's proposed schedule and prescribes a more expeditious one."

    In a release, EPA said "the standards will be significantly different than what EPA proposed in April 2010. The Agency believes these changes still deserve further public review and comment and expects to solicit further comment through a reconsideration of the rules." Through the reconsideration process, EPA intends to ensure that the rules will be practical to implement and will protect all Americans from dangerous pollutants such as mercury and soot, which can damage children's developing brains, aggravate asthma and cause heart attacks. The Agency is considering all other options for addressing these issues before the rules would become effective 60 days after publication in the Federal Register.

    EPA received more than 4,800 comments and additional data during the public comment period for the rules. EPA said the information has shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler types. Given the extensive comments, EPA filed a motion with the court asking for more time to fully evaluate all the comments and data and finalize the rules [See WIMS 12/7/10]. EPA was under a court order to issue the final rules on January 16, 2011, and was seeking in its motion to the court to extend the schedule to finalize the rules by April 13, 2012.

 

    EPA has estimated that there are more than 200,000 boilers operating in industrial facilities, commercial buildings, hotels and universities located in highly populated areas and communities across the country. EPA has estimated that for every $5 spent on reducing the pollutants, the public will see $12 in health and other benefits.

 

    In a release, Sierra Club Executive Director Michael Brune said, "Industry has done everything it can to delay these clean up measures. These polluters must be held accountable. Unchecked toxic air pollution from industrial plants is making our families sick." Jim Pew of Earthjustice who represented Sierra Club said, "Every day that industry succeeds in delaying these crucial protections equates to human suffering in the form of lives lost and worsened health. The rule undisputedly will prevent some of the unnecessary deaths and suffering caused by industrial boilers' and incinerators' uncontrolled emissions. Clean air saves lives, and it's time for the companies that operate these big industrial facilities to become better neighbors by keeping their toxic pollution out of our homes, our air, and our food."  

    Sierra Club said that EPA's draft health safeguard for boilers and incinerators, proposed in June 2010 after a decade of delay, is expected to save nearly five thousand lives each year and prevent 3,000 heart attacks, 33,000 cases of aggravated asthma, and millions of acute respiratory problems. The benefits of the proposed health safeguard are projected to outweigh the costs by at least $14 billion every year. The safeguard could also result in the creation of up to 9,000 jobs as pollution controls and new technologies are installed, according to the National Association of Clean Air Agencies. 

 

    The American Chemistry Council (ACC) issued a release and expressed disappointment about the court's decision to grant EPA only one additional month to issue industrial boiler emission standards. Cal Dooley, ACC President and CEO said, "Today's decision is bad news for U.S. manufacturers, large industries and small businesses alike. After hearing from numerous stakeholders that the proposed rules would cost businesses billions and tens of thousands of jobs, EPA wisely asked for more time to consider new information. Because of today's ruling, EPA will not have adequate opportunity to improve the rules to ensure they are achievable, effective and will not stifle economic growth or put more Americans out of work." In a January 18, 2011, letter to Representative Darrell Issa (R-CA), the Chairman of the House Committee on Oversight and Government Reform, ACC indicated that it has estimated that the so-called, "Boiler MACT" rules "would jeopardize some 60,000 jobs and impose capital costs on the order of $3.8 billion in the chemical industry alone."

 

    A study prepared for the Council of Industrial Boiler Operators (CIBO) released in August 2010, concluded that every $1B spent on upgrade and compliance costs will put 16,000 jobs at risk and reduce US GDP by as much as $1.2B. The study said a significant portion of this "economic pain" would be felt in supplier networks.

    Access a release from EPA (click here). Access the Court order (click here). Access the Court opinion (click here). Access further information on the proposed rules from EPA's Emissions Standards for Boilers and Process Heaters and Commercial / Industrial Solid Waste Incinerators website (click here). Access more information on EPA's Boiler MACT rule (click here). Access a release from Sierra Club (click here). Access a release from ACC and link to more information (click here). Access ACC's letter to Chairman Issa (click here). Access the CIBO study (click here).

 

THE REST OF TODAY'S NEWS
- EPA Says E15 Does Not Harm Emission Controls In Newer Vehicles
- U.S. & China Discuss Climate Change, Energy & Environment
- Rep. Upton Opens Up Energy & Commerce Committee
- Sides Prepare For Contentious Actions In House Oversight Committee
- $25 Million For Air Quality Research To Health Effects Institute
- GSA Touts Sustainable Future Accomplishments

(Click here for details)

Groups Sue EPA Re: Pesticides Impact On 200+ Species

Jan 20: The Center for Biological Diversity (CBD) and Pesticide Action Network North America (PANNA) filed what they called "the most comprehensive legal action ever brought under the Endangered Species Act to protect imperiled species from pesticides," suing U.S. EPA for its failure to consult with federal wildlife agencies regarding the impacts of hundreds of pesticides known to be harmful to more than 200 endangered and threatened species. The 411-page brief was filed in the Federal U.S. District Court for the Northern District of California (San Francisco Division).

 

    Jeff Miller, a conservation advocate with CBD said, "For decades, the EPA has turned a blind eye to the disastrous effects pesticides can have on some of America's rarest species. This lawsuit is intended to force the EPA to follow the law and ensure that harmful chemicals are not sprayed in endangered species habitats."

    Dr. Heather Pilatic, codirector of PANNA said, "Endangered species and biological diversity are strong indicators for the health of the natural-resource base on which we all depend. To the extent that we fail to protect that base we erode the possibility of prosperity for future generations. This suit thus presents a real opportunity for American agriculture: By enforcing the law and counting the real costs of pesticide use, we strengthen the case for supporting a transition toward more sustainable pest-control practices like crop rotations and beneficial insect release."

    The lawsuit seeks protection for 214 endangered and threatened species throughout the United States, including the Florida panther, California condor, piping plover, black-footed ferret, arroyo toad, Indiana bat, bonytail chub and Alabama sturgeon. Documents from the U.S. Fish and Wildlife Service and EPA, as well as peer-reviewed scientific studies, indicate these species are harmed by the pesticides at issue. More than a billion pounds of pesticides are used annually in the United States, and the EPA has registered more than 18,000 different pesticides for use. Extensive scientific studies show widespread and pervasive pesticide contamination in groundwater, drinking water and wildlife habitats throughout the country.

    The groups said, "Many EPA-approved pesticides are also linked to cancer and other severe health effects in humans. Some pesticides can act as endocrine disruptors, interfering with natural hormones, damaging reproductive function and offspring, and causing developmental, neurological and immune problems in wildlife and humans. Endocrine-disrupting pesticides cause sexual deformities such as intersex fish (with male and female parts) that cannot reproduce. Scientists believe that pesticides may also play a role in the recent colony collapse disorder, the disappearance of bees that are agriculturally important pollinators."

    Miller said, "The EPA authorizes pesticide uses that result in millions of pounds of toxins, including carcinogens and endocrine disruptors, entering our waterways each year, polluting our soil and poisoning our drinking water. Common-sense restrictions on pesticide use that protect endangered species can also safeguard human health."

    Access a release with links to an interactive map of the species involved in the lawsuit and related information (click here). Access the 411-page legal brief (click here).

THE REST OF TODAY'S NEWS
- National Coalition Highlights 30 States' Actions On Toxics Bills
- EPA Announces CARE Funding Opportunity
- DOE Says 300,000 Low-Income Homes Have Been Weatherized
- USDA Launches Biobased Product Label: "BioPreferred" Program
- 2010 USDA Colony Collapse Disorder Progress Report
- Nuclear Energy Interactive Guide: Promise and Pitfalls
- EPA Releases Model Air Quality Tribal Implementation Plan
- $8 Million For Voluntary Public Access & Habitat Incentive Program 

(Click here for details)

Salazar Announces Next Round Of Offshore Drilling Reforms

Jan 19: Secretary of the Interior (DOI) Ken Salazar and Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) Director Michael Bromwich announced the structures and responsibilities of two new, independent agencies that will carry out the offshore energy management and enforcement functions once assigned to the former Minerals Management Service (MMS). Salazar and Bromwich also announced that they are establishing a permanent advisory body through which the nation's leading scientific, engineering, and technical experts will provide input on improving offshore drilling safety, well containment, and spill response. Secretary Salazar has asked former Sandia National Laboratory Director Tom Hunter to lead the body, which will be called the Offshore Energy Safety Advisory Committee (Safety Committee).

    Secretary Salazar said, "We are moving ahead quickly and responsibly to establish the strong, independent oversight of offshore oil and gas drilling that is needed to ensure that companies are operating safely and in compliance with the law. With Director Bromwich's leadership, the recommendations of the National Commission on the BP Deepwater Horizon Oil Spill, and other outside guidance, we are making swift progress in implementing the reorganization plan we put in motion last year. With the leadership of Dr. Tom Hunter, we will also bring together the top minds inside and outside government to help ensure that regulations, safety standards, and well containment capabilities never again fall behind drilling technology and practices."

    BOEMRE Director Bromwich said, "The former MMS was saddled with the conflicting missions of promoting resource development, enforcing safety regulations, and maximizing revenues from offshore operations. Those conflicts, combined with a chronic lack of resources, prevented the agency from fully meeting the challenges of overseeing industry operating in U.S. waters. The reorganization is designed to remove those conflicts by clarifying and separating missions across the three agencies and providing each of the new agencies with clear missions and new resources necessary to fulfill those missions."

    On May 19, 2010, Secretary Salazar signed a Secretarial Order that divided the three conflicting missions of MMS into separate entities with independent missions. MMS was renamed BOEMRE in mid-June as Director Bromwich was sworn-in, to more accurately describe the scope of the organization's oversight. On October 1, 2010, the revenue collection arm of the former MMS became the Office of Natural Resources Revenue.

    Secretary Salazar and Director Bromwich today detailed the structure of the two bureaus that will separately house: (1) the resource development and energy management functions of BOEMRE, and (2) the safety and enforcement functions of BOEMRE. The new Bureau of Ocean Energy Management (BOEM) will be responsible for managing development of the nation's offshore resources in an environmentally and economically responsible way. Functions will include: Leasing, Plan Administration, Environmental Studies, National Environmental Policy Act (NEPA) Analysis, Resource Evaluation, Economic Analysis and the Renewable Energy Program. The new Bureau of Safety and Environmental Enforcement (BSEE) will enforce safety and environmental regulations. Functions will include: All field operations including Permitting and Research, Inspections, Offshore Regulatory Programs, Oil Spill Response, and newly formed Training and Environmental Compliance functions.

    Secretary Salazar and Director Bromwich said that the reforms announced today strengthen the role of environmental review and analysis in both BSEE and BOEM through various structural and organizational mechanisms. Those include: The creation of a first-ever Chief Environmental Officer in BOEM; Separating Environmental reviews from Leasing in the regions in BOEM; The development of a new Environmental Compliance and enforcement function in BSEE; and More prominent Oil Spill Response Plan review and enforcement in BSEE. The Department plans to have the re-organization fully implemented by October 1, 2011.

    The new Offshore Energy Safety Advisory Committee (Safety Committee) will advise the Director and the Secretary on a variety of issues related to offshore energy safety, including drilling and workplace safety, well intervention and containment, and oil spill response. The Safety Committee also will facilitate collaborative research and development, training and execution in these and other areas relating to offshore energy safety. The Committee will have 13 members representing Federal agencies, industry, academia, national labs, and various research organizations.

    Access a release from DOI and link to a fact sheet on the changes and the full text of Secy. Salazar's speech (click here).

THE REST OF TODAY'S NEWS
- EPA & Chrysler Partner On Efficient Hydraulic Hybrid Technology
- EPA Announces Six Landfill Methane Project Winners
- CEQ Final Guidance On NEPA Mitigation and Monitoring
- Supreme Court Hears Arguments In Important FOIA Case
- 2011 Priorities For DOJ Environment & Natural Resources Division
- Making Clean Local Energy Accessible Now
- Impact Of Climate Change On Species & Ecosystems
- U.S. Oil Imports Sent $337 Billion To Foreign Countries In 2010
- $10 Million For DOE's Tribal Energy Program

(Click here for details)