Au Revoir, Clean Water Act?

Just like that, the Supreme Court chips away at one of the foundations of this country’s Environmental Law.
Court Splits Over Wetlands Protections – New York Times

By DAVID STOUT. WASHINGTON, June 19 — The Supreme Court set the stage for a re-examination of the 1972 Clean Water Act, as it narrowly ruled today in favor of two Michigan property owners who have sought to develop tracts designated as wetlands.

By 5 to 4, the justices overturned lower court judgments against the Michigan land owners, who had run afoul of the Clean Water Act over their plans to build a shopping mall and condominiums.

The ruling was not the resounding, unambiguous triumph that the land owners, John A. Rapanos and June Carabell, may have hoped for. Instead, five justices found that regulators may have gone too far in trying to thwart their plans, and it returned the case to lower courts for further deliberation. One of the five justices, Anthony M. Kennedy, even suggested in a separate opinion that the property owners might lose once again in the lower courts.

I was very afraid when I last thought about this challenge way back in February. It was pretty clear at that point that Kennedy was the swing vote and that 8 out of 9 minds were probably made up. Kennedy’s lawmaking seems to be a little incoherent in this case. He was obviously not comfortable with the Scalia-Alito-Roberts-Thomas cabal’s clearly ideological decision, but can’t bring himself to make the centrist decision.

But Justice Kennedy wrote that the evidence in the long-running Rapanos and Carabell cases suggests “the possible existence of a significant nexus,” or connection, between their properties and navigable waterways — a connection that, if established in the lower courts, would reaffirm the jurisdiction of the Clean Water Act over the tracts and could cause the property owners to lose again.

If you thought that there was a “significant nexus”, what kind of logic would then make you turnaround and support the opinion that there is no connection?

But Justice Scalia had a different perspective as he questioned the extent of federal jurisdiction. Under the government’s logic, he said, “a storm drain, even when not filled with water, is a tributary.”

“I suggest it’s very absurd to call that ‘waters of the United States,’ ” Justice Scalia added. “It’s a drainage ditch.”

Where Hon. Justice Scalia pretends to misunderstand the concept of drainage? I wonder if he would feel the same way if it was a pollution issue in his neighbor’s backyard.

This will make things confusing for a while, and you all know who confusion favors!

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    “The conclusions [the report] draws are irresponsible,” said Mr. Prentice in an interview with The Globe and Mail from Kingston, where he was meeting with provincial and territorial environment ministers. Specifically, he said Canadians will not accept the report’s advocacy of emission targets for 2020 that would reduce Canada’s gross domestic product by 3 per cent nationally and 12 per cent in Alberta from business-as-usual estimates.

    Climate change report ‘irresponsible,’ Prentice says – The Globe and Mail.

    Canada cannot take its national unity for granted and must not, in the service of international obligations, allow itself to be immolated by a government policy of such wrenching dislocation.

    Globe and Mail Editorial

    Wow, “irresponsible”, “Threat to Canada’s National Unity?” What could we talking about? Surely, not a report that addresses the cost of meeting Canada’s commitments to greenhouse gas reductions by 2020?. A bit of hyperbole from this nation’s great flagship newspaper and the Environment Minister?

    The study (English summary) looked at two different scenarios, first the weak sauce 20% reduction from 2006 levels by 2020 proposed by the Canadian government. The reason the Canadian government deliberately shifted the baseline from 1990 (the accepted consensus baseline so comparison can be made easily) to 2006 is that if you calculate what the change from 1990 levels is for the Canadian government proposal, it is actually a small increase, not the 20-25% decrease that is needed to put the world on a stabilization path for <2°C rise in temperature. This is unethical and dishonest, like telling the world that the average Canadian is 4 feet tall (head to knee only). The authors of the report know this is an unacceptably weak proposal and therefore looked at what was actually needed, a 20-25% reduction from 1990 levels. BTW, remember that if someone ever shoots a percentage off for you, ask for the baseline, check if this is standard.

    Incidentally, the editorial pages of the G&M has not read its own report, or wilfully ignores all the good news while selectively playing up the bad news, geez, it’s like they have an agenda or something! The good news:

    • Canada CAN meet its climate goals
    • The effect on Canadian GDP growth is modest. Under the required goal of 25% reduction from 1990, GDP growth is about 3% below “business as usual” standards. Note that this year, GDP growth was negative, what percent is that?
    • Alberta, which would “suffer” the greatest reduction from “business as usual” scenarios still leads the country in growth. This is the scenario which the G&M concern trolls as a threat to National Unity
    • Jobs still grow, very few changes from business as usual scenarios
    • Significant Increases in energy costs. But money flows from carbon revenue to defray some of these costs, so actual costs to consumers are modest
    • Massive increases in the efficiency of cars, houses, heating, etc., means lower prices in the long run

    Of course, the environmental, social and geopolitical costs of “doing nothing” are not enumerated. Are we prepared to face a world with melting polar ice caps, climate refugees, water wars and anger? Are we willing to take those Canadian flags off our backpacks and put Swedish flags on them? There is also a very good chance of incremental breakthroughs in electric vehicle technologies squeezing the demand out of oil and completely collapsing Alberta’s economy, making this entire decision moot. Things can change quickly, just ask anyone involved in the BC timber industry! My point is that unless you factor in the costs of doing business as usual, any change proposed will not compare favourably. The report alludes to the cost of doing business as usual, a 5-20% LOSS in global GDP over the century. But does not include this into the calculation of the business as usual scenario. Note that none of the changes envisaged here propose anything but “growth”.

    The changes required are quite significant.

    • Capture and storage of carbon dioxide from the oil and gas industry and power plants (Ha!)
    • Reduction of “fugitive” emissions from the oil and gas industry and from landfills
    • Increased energy efficiency throughout the economy (e.g., in vehicles and buildings)
    • Increased production of renewable energy (e.g., wind power accounts for 18 per cent of electricity generated in 2020 when meeting the 2°C target)
    • Replacement of fossil fuels by cleaner electricity (e.g., for heating buildings).

    When you are near the bottom of the pack when it comes to efficiency and per capita emissions, you do necessarily have to work a little harder. Most of these goals (except the first one which needs a major technological advance) are easily achievable and would put Canada more in line with European countries as far as energy efficiency goes.

    What do the words of the mainstream media and the government mean? We are screwed. Canada has NO leadership or commitment to steer away from the cliff. We do not have a powerful enough constituency for climate change. We have a government and polity completely captured by oil interests. We will be dragged kicking, screaming and unprepared into a new, efficient and carbon constrained world. We may still turn out okay because we are a VERY rich country with very few people. But, be prepared for the backlash.

    Note, more from the excellent blog greenpolicyprof ‘which makes some of the same points I made, but expands to include coverage of West vs. the Rest issues.

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    Green Scolding and Media Victim Blaming


    Dracula Lurks in Your Set-Top Box – NYTimes.com

    Most Americans are guilty of a similar if less costly squandering of
    energy when it comes to their cable or satellite TV boxes. A new study
    released on Tuesday by the National Resources Defense Council shows that
    set-top boxes in the United States consume nearly as much energy when
    not in use as when they are on, costing a cumulative $2 billion a year.

    Dear media, let’s break down the choices consumers have with regards to set top boxes:

    1. Not get one, and hence lose access to encrypted channels, digital cable, etc, which are now de rigueur
    2. Get one, and unplug it every time, which means reaching behind (as you kindly mention), unplugging, and waiting for restart, etc. My Telus box usually takes a couple of minutes at least to reinitialize, and behaves a bit weirdly for another minute afterwards. So how many people will do this?
    3. Be scolded by you for not being environmentally friendly.

    Now, let’s see what would happen in a real, and properly regulated market.

    1. There would be little connection between the set top box and the content. You would get a box, or use your computer, and just put in a card from your cable company for decryption. While cablecards kinda exist, the reason you haven’t heard of them is because cable companies want you captured by their expensive hardware. separate the two, box manufacturers are free to sell you fancy boxes like this one that can manage all your media, have a friendly interface, cost less, look cool, and consume less energy, and can use all these as marketing points.
    2. There would be sensible regulation on ALL electric devices to include standby mode, with automatic sleep mode. So, if something is not in use, it shuts off in 15 minutes. Seems difficult? Computers do this all the time, routinely. A set top box is just an underpowered computer.

    So, let’s not blame the consumer here, shall we? If anyone is guilty, it is media and telecommunication oligopolies that don’t let us actually have free choice, while simultaneously claiming that any regulation is anti-  free market.

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    Gaping Reminders of Aging and Crumbling Pipes – New York Times

    Gaping Reminders of Aging and Crumbling Pipes – New York Times

    Local and state officials across the country say thousands of miles of century-old underground water and sewer lines are springing leaks, eroding and — in extreme cases — causing the ground above them to collapse. Though there is no master tally of sinkholes, there is consensus among civil engineers and water experts that things are getting worse.

    The Environmental Protection Agency has projected that unless cities invest more to repair and replace their water and sewer systems, nearly half of the water system pipes in the United States will be in poor, very poor or “life elapsed” status by 2020.

    Yes, sewers are unsexy, there’s no new fancy science involved. But water and sewer systems are the very basis of public health, and the biggest reason why Americans don’t die of sleeping sickness and dengue fever (or their subtropical equivalents) in large numbers evey year. People who want to cut taxes and limit government need to keep this in mind. There’s no money to be made out of building and maintaining sewers, it’s a dirty job and government has to do it, or else nobody will, and money is required. We produce the waste, we need to be taxed appropriately for it. It’s that simple.

  • Bisphenol A Linked to Breast Cancer

    Chemical & Engineering News: Latest News – Bisphenol A May Trigger Human Breast Cancer

    Soto and her colleagues exposed pregnant rats to bisphenol A at doses ranging from 2.5 to 1,000 µg per kg of body weight per day. By the time the pups exposed at the lowest dose reached the equivalent of puberty (50 days old), about 25% of their mammary ducts had precancerous lesions, a proportion three to four times higher than among the nonexposed controls. Mammary ducts from all other exposure groups showed elevated levels of lesions. Cancerous lesions were found in the mammary glands of one-third of the rats exposed to 250 µg/kg/day.

    Bisphenol A is used in the manufacture of polycarbonate plastics and epoxy resins. It is found in many food and beverage containers, including baby bottles. It is also found in canned food linings and dental composites, and it leaches from all of these products. In one study, Soto notes, urine samples from 95% of the human subjects contained the chemical.

    The Environmental Protection Agency has set a safe human intake dose of 50 µg/kg/day for bisphenol A. “On the basis of the effects observed in recent studies, this seems to be an unsafe level,” Soto says.

    Bisphenol A is old news, BTW, people have known for a while about this chemical’s propensity to carcinogenicity. Of course, there’s that whole argument about pregnant mice being more susceptible to chemicals than humans, etc. So, the jury is still out. but Soto is right, 50 µg/kg/day seems to not provide enough of a safety factor. The EU uses 10 µg/kg/day, though they do say that

    realistic worst-case estimates of consumer exposure via foodstuffs, range from 0.00048 mg/kg bw/day for adults to 0.0016 mg/kg bw/day for infants, which is well below the maximum exposure level

    Of course, who knows what additive effects this chemical may have with the multitude of other chemicals floating around. Doing tests of single chemicals and trying to link that to epidemiological data is a perilous undertaking, the connections are tenuous most of the time and the plastics companies routinely fund studies that prove otherwise, because as you know, if you know what you’re going to find before you study it, you will find it!

    Read the wikipedia stub on polycarbonates. Us yuppies who drink religiously from Nalgene bottles to avoid phthalates and nasty tastes would do good to take note! I guess glass is the best, though it does have that annoying tendency to shatter when dropped… Water from glass bottles do have the best taste, though.

  • BC Carbon Tax regressive?

    British Columbians with low incomes will benefit from the carbon tax in its first year, but will pay more by the scheme’s third year, a new study concludes.

    The impact of the tax and its offsetting income tax cuts will become increasingly unequal unless the provincial government increases payments to low-income earners, the study says.

    The study, by Marc Lee, senior economist with the Canadian Centre for Policy Alternatives, and Toby Sanger, senior economist with the Canadian Union of Public Employees, takes a detailed look at the fairness of the controversial tax.

    via Carbon Tax Whacks the Poor, Later :: News :: thetyee.ca

    The report makes some good points. Revenue neutrality (the offsetting of carbon taxes with income/corporate tax cuts) has nothing to do with reducing carbon emissions. If I were to redesign this tax, I would do as the report says, increase rebates to lower income people, reduce corporate tax cuts so that the resulting revenue can be used to fund more transit infrastructure, energy efficiency infrastructure and the building of a low carbon economy.

    A carbon tax in itself is not sufficient to reduce emissions. It does its part, but building an energy efficient, low carbon infrastructure will do a lot more and the money’s there, just use it.

    You can read the whole report here.

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