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“Polluters Win Again In Florida Legislature”: Plan Allows Big Ag Operators To Supervise Their Own Waste Releases

Touted as an environmental breakthrough, the water policy bill passed last week by the Florida Legislature is actually a major win for polluters and the politicians they own.

Enforcement of clean-water rules is basically being replaced by the honor system. Big Agriculture couldn’t be happier.

Same goes for House Speaker Steve Crisafulli, whose dream of one day becoming state agriculture commissioner is closer to reality. The Brevard Republican has been an obedient little soldier for the special interests that divert and exploit the state’s fresh water supplies.

Current Ag Commissioner Adam Putnam was the political shepherd for the user-friendly new law. It was written by lobbyists for mega-farming and land corporations, and rammed through the GOP-controlled Legislature.

The Senate passed it with nary a single dissenting vote, reluctant Democrats saying this year’s version was better than last year’s awful bill, which didn’t pass. Even some environmental groups went along with the rewrite, asserting that it was the best they could hope for.

Which is just sad.

David Guest, the longtime managing attorney for Earthjustice in Florida, warned that the damaging effects of the new water bill will “come back to haunt us all.” From now on, farms that send polluted runoff into Lake Okeechobee will only need a permit to restrict the quantity being discharged — not the amount of fertilizer crud in it.

The plan allows Big Ag operators to supervise their own waste releases, which is a fantasy come true for those who pollute, including the sugar barons.

Theoretically, farm companies would work on deadlines to minimize the amount of phosphorus and other harmful substances in their outflow using so-called “best management practices.”

But the guidelines are mostly voluntary, and devised by the agriculture lobby, so you can guess how rigorous they are. Not very.

Sympathetic legislators went even farther, inserting in the law a “cost-share” provision that directs water-management districts to use tax dollars to subside Big Ag’s anti-pollution efforts.

In other words, the public will be paying farm corporations to do something they should pay for themselves — clean up their mess.

Supporters of the final water bill say significant enforcement powers were added to the plan, but that’s mainly on paper. The reality will be different.

At the urging of environmentalists, language was put in allowing the state to inspect farmlands to make sure proper clean-up practices are being followed. However, the law conveniently doesn’t state how or when these inspections would be conducted, or what would constitute a violation.

It doesn’t even say what the fines and penalties would be. And, of course, no money is being appropriated for hiring extra inspectors at the hilariously misnamed Department of Agriculture and Consumer Services.

So, in truth, the new water bill has no real enforcement mechanism. Another cynical move by GOP lawmakers was placing the Department of Environmental Protection in charge of periodically reviewing the water management practices, to see if pollution is actually being reduced.

It’s no secret that Gov. Rick Scott has made a priority of castrating the DEP. Only a sucker would believe the agency will be re-staffed and re-empowered to take on the task of monitoring corporate polluters.

There’s no denying the water bill is ambitious and far-reaching, and Big Agriculture isn’t the only winner. Developers seeking to tap into rivers and waterways, particularly in Central Florida, should send thank you notes along with their campaign checks to Tallahassee.

A water plan with pollution rules set by the polluters is exactly what you’d expect from the same gang that betrayed the 4 million Floridians who voted for Amendment One.

Some Democrats and environmentalists say they’ll strive to toughen the weak phosphorus rules and expedite cleanup actions. That won’t happen without an epic shift in political power.

Meanwhile the crap being pumped from Lake Okeechobee and surrounding farms continues to imperil the Caloosahatchee and St. Lucie rivers, the Indian River Lagoon, Gulf Coast beaches and, most critically, the Everglades.

Under the new rules, some farmers and landowners will honestly try to improve the water they flush into Florida’s wetlands and drinking supply. Others won’t, because it’s cheaper and easier to dump unfiltered waste.

If voluntary compliance really worked, we wouldn’t need any pollution laws. Corporations would care as much about clean, safe water as ordinary families do. Unfortunately, that’s not the real world. It’s just a fantasy promoted by industry lobbyists and bought politicians.

And now, in Florida, it’s going to be the law.

 

By: Carl Hiaasen, Columnist for The Miami Herald; The National Memo, January 18, 2016

January 20, 2016 Posted by | Florida Legislature, Florida Water Policy, Rick Scott | , , , , , , , , | Leave a comment

“A Moral And Human Duty”: Nations Approve Landmark Climate Accord in Paris

With the sudden bang of a gavel Saturday night, representatives of 195 countries reached a landmark climate accord that will, for the first time, commit nearly every country to lowering planet-warming greenhouse gas emissions to help stave off the most drastic effects of climate change.

Delegates who have been negotiating intensely in this Paris suburb for two weeks gathered for the final plenary session, where Foreign Minister Laurent Fabius of France asked for opposition to the deal and, hearing none, declared it approved.

With that, the delegates achieved what had been unreachable for two decades: a consensus on the need to shift from carbon-based fuels and a road map for the 195 nations to do so.

Though the deal did not achieve all that environmentalists, scientists and some countries had hoped for, it set the table for more efforts to slow the slide toward irreversible changes to the Earth’s climate.

President Obama said on Saturday from the Cabinet Room at the White House, “The American people should be proud” of the landmark climate accord because it offered “the best chance we’ve had to save the one planet we’ve got.”

Mr. Obama added, “I believe this moment can be a turning point for the world.”

It was an extraordinary effort at global diplomacy. Supporters argued that no less than the future of the planet was at stake, and in the days before the final session, they tried relentlessly to persuade skeptical nations.

As they headed into the cavernous hall late Saturday, representatives of individual countries and blocs expressed support for a deal hammered out in a final overnight session on Friday. After a day of stops and starts, Mr. Fabius, the president of the climate conference, declared a consensus and struck the gavel at 7:26 p.m., abruptly closing formal proceedings that had threatened to go into the night.

The hall erupted in cheers as leaders like Secretary of State John Kerry and former Vice President Al Gore stood to applaud President François Hollande of France; his ecology minister, Ségolène Royal; his special envoy, Laurence Tubiana; and the executive secretary of the United Nations climate convention, Christiana Figueres.

South Africa’s environment minister, Bomo Edna Molewa, called the accord the “first step in a long journey that the global community needs to undertake together.”

At its heart is a breakthrough on an issue that foiled decades of international efforts to address climate change. Previous pacts required developed economies like the United States to reduce greenhouse gas emissions but exempted developing countries such as China and India.

The new accord changes that dynamic, requiring action in some form from every country. But the echoes of the divide persisted during the negotiations.

Delegates received the final draft of the document Saturday afternoon, after a morning when the text was promised but repeatedly delayed. They immediately began parsing it for language that had been the subject of energetic debate, in preparation for a voice vote on whether the deal should become law.

All evening, tense excitement was palpable. The delegates rose to their feet to thank the French team, which drew on the finest elements of the country’s traditions of diplomacy to broker a deal acceptable to all sides.

France’s European partners recalled the coordinated Nov. 13 terrorist attacks in Paris, which killed 130 people and threatened to cast a shadow over the negotiations. But, bound by a collective good will toward France, countries redoubled their efforts.

“This demonstrates the strength of the French nation and makes us Europeans all proud of the French nation,” said Miguel Arias Cañete, the European Union’s commissioner for energy and climate action.

Yet amid the spirit of success that dominated the final hours of the talks, Mr. Arias Cañete reminded delegates that the accord was the start of the real work. “Today, we celebrate,” he said. “Tomorrow, we have to act. This is what the world expects of us.”

The new deal will not, on its own, solve global warming. At best, scientists who have analyzed it say, it will cut emissions by about half of what is needed to prevent an increase in atmospheric temperatures of 2 degrees Celsius, or 3.6 degrees Fahrenheit. That is the point, scientific studies have concluded, at which the world will be locked into devastating consequences, including rising sea levels, severe droughts and flooding, widespread food and water shortages, and more destructive storms.

But the agreement could be an inflection point in human history: the moment when, because of a huge shift in global economic policy, the inexorable rise in carbon emissions that started during the Industrial Revolution began to level out and eventually decline.

Unlike at the climate summit meeting in Copenhagen in 2009, Mr. Fabius said, the stars for this assembly were aligned.

As negotiators from countries representing a self-described “high-ambition coalition” walked into the plenary session shortly before noon, they were swarmed by cheering bystanders. The coalition, formed to push for ambitious environmental provisions in the deal, includes rich countries such as the United States and members of the European Union; island nations like Tuvalu and Kiribati, which are vulnerable to rising sea levels; and countries with the strongest economies in Latin America, such as Brazil.

Representatives of the group wore lapel pins made of dried coconut fronds, a symbol of the Marshall Islands, whose climate envoy, Tony de Brum, helped form the coalition. Developing countries with the highest emissions, such as China and India, are not members.

Scientists and world leaders had said the talks here were the world’s last, best hope of striking a deal that would begin to avert the most devastating effects of a warming planet.

The final language did not fully satisfy everyone. Representatives of some developing nations expressed consternation. Poorer countries had pushed for a legally binding provision requiring that rich countries appropriate at least $100 billion a year to help them mitigate and adapt to the ravages of climate change. In the deal, that figure appears only in a preamble, not in the legally binding portion.

It was not immediately clear what horse trading and arm twisting had brought the negotiators into accord. But in accord they were, after two years of international talks in dozens of world capitals, two weeks of focused negotiations in a temporary tent city here, and two all-night, line-by-line negotiations.

While top energy, environment and foreign policy officials from nearly every country offered positions on the text, ultimately it fell to France, the host, to assemble the final document and see through its approval.

Some countries objected to the speed with which Mr. Fabius banged down the gavel. Nicaragua’s representative, Paul Oquist, said his nation favored a global cap on emissions, a political nonstarter. He said the deal unfairly exempted rich nations from liability for “loss and damage” suffered by those on the front lines of climate change.

The national pledges will not contain warming to 2 degrees Celsius. And more recent scientific reports have concluded that even preventing that amount of warming will not be enough.

Vulnerable low-lying island states had pushed for the more stringent target over the objections of major oil producers like Saudi Arabia. But that target is largely considered aspirational and is not legally binding.

The agreement sets a vague goal of having global emissions peak “as soon as possible,” and a schedule for countries to return to the negotiating table every five years with plans for tougher polices. The first such meeting will take place in 2020.

The accord also requires “stocktaking” meetings every five years, at which countries will report how they are reducing their emissions compared with their targets. And it includes language requiring countries to monitor, verify and publicly report their emission levels.

Monitoring and verification had been among the most contentious issues, with negotiators wrangling into Saturday morning. The United States had insisted on an aggressive, uniform system for countries to publicly report their emissions, and on the creation of an outside body to verify reductions. Developing nations like China and India had demanded that they be subject to a less stringent form of monitoring and verification.

The final draft requires all countries to use the same reporting system, but it lets developing nations report fewer details until they are able to better count their emissions.

Some elements of the accord are voluntary, while others are legally binding. That hybrid structure was specifically intended to ensure the support of the United States: An accord with binding targets would be legally interpreted as a new treaty and would have to go before the Senate for ratification. Such a plan would be dead on arrival in the Republican-controlled Senate, where many question the established science of climate change and hope to thwart Mr. Obama’s climate change agenda.

As a result, all language on the reduction of carbon emissions is essentially voluntary. The deal assigns no concrete reduction targets to any country. Instead, each government has crafted a plan to lower emissions at home based on the country’s domestic politics and economy.

The accord uses the language of an existing treaty, the 1992 United Nations Framework Convention on Climate Change, to require countries to verify their emissions and to periodically put forth tougher domestic plans.

“This agreement is highly unlikely to trigger any legitimate grounds for compelling Senate ratification,” said Paul Bledsoe, a climate change official in the Bill Clinton administration. “The language itself is sufficiently vague regarding emissions pledges, and presidents in any event have frequently used their broad authority to enter into these sorts of executive agreements.”

 

By: Coral Davenport, The New York Times, December 12, 2015

December 13, 2015 Posted by | Climate Change, Global Diplomacy, Greenhouse Gases, Paris Climate Accord | , , , , , , , , | 1 Comment

“A Loophole To Avoid Official Scrutiny”: No Keystone, No Problem; The Oil Industry Is Making Other Pipeline Plans

Environmentalists have been waiting since 2008 for President Barack Obama’s decision on whether to approve the Keystone XL pipeline. That decision may come any day now. But Canada’s tar sands industry hasn’t been waiting around.

Publicly, TransCanada, the company behind the embattled pipeline, insists it is still optimistic it will win the long-running standoff—not just over Keystone, but another pipeline project that has faced environmental opposition as well, Energy East. “We’re optimistic for both of our projects,” TransCanada spokesman Mark Cooper told the New Republic.

The speculation in private, however, is that the writing may be on the wall for Keystone at least. “The rumor is that the decision to deny has been made, and they’re just waiting for the right time and venue,” an unnamed source familiar with the company told The Canadian Press this month. Republican lawmakers in the U.S. have echoed the pessimism. “I don’t see a scenario where the president would sign off on Keystone,” Senate Energy and Natural Resources Chair Lisa Murkowski told Bloomberg recently. Then there are Obama’s own words over the last year, which suggest he’s leaning against the project.

This decision will be Obama’s final word on the Keystone XL pipeline. But for TransCanada, it won’t be the end of the story. Even if its permit is rejected, TransCanada has a few paths forward for keeping Keystone alive. The company may eye a NAFTA lawsuit arguing trade discrimination, or it may submit a new application under the next president—if it’s a Republican, the company would face a much easier time.

In the meantime, rail is the go-to substitute for missing infrastructure to ship oil from Canada to the U.S. Sixty percent of Alberta’s unprocessed oil already makes its way to American refineries by rail and pipelines. And in 2012, Canada exported 16,000 barrels of oil per day by rail to the U.S. In the first quarter of 2015, it exported 120,000 barrels per day, which might rise depending on whether global oil prices begin to increase again. As green organizing has focused on pipeline infrastructure, it’s done little to stop the explosion in tar sands shipments by rail and tanker.

But TransCanada’s main business is still in pipelines, not rail, giving it every incentive to plow forward with alternative options if Keystone gets axed. For a hint at how round two of this fight could play out, Energy East offers a few clues.

This project would run from Alberta eastward to the Atlantic coast, carrying even more oil (at 1.1 million barrels of crude oil per day) than Keystone. Just like Keystone, Energy East’s way forward hasn’t been easy. The project is facing its own political opposition from Canadian provinces that are concerned about the pipeline’s environmental impact.

The years of waiting for a decision on Keystone has made the company aware of what scrappy environmental organizing can do. “There’s a very loud and vocal minority that have been very effective in their messaging, and we have had over the years needed to adjust how we get out there,” Cooper said. And so, from the beginning, the Energy East project has included an aggressive public relations campaign, including paid media, monitoring of op-ed pages and letters to the editor, social media campaigns, meetings with landowners, politicians, and third parties. It officially filed its application with Canada’s Stephen Harper administration in October 2014, amid a publicity blitz.

In a further example of the company’s newfound savvy, TransCanada pulled plans in April to build a marine tanker terminal to Energy East along a river in Quebec, which had roused local and environmental concerns for the region’s beluga whales. As a result, there’s been a two-year delay to the pipeline, with an anticipated in-service date in 2020. Yet this concession was a deliberate move, one that fits in with TransCanada’s broader P.R. push. The terminal delay is inconsequential, considering the company’s long-term thinking: TransCanada builds good-will in Canadian provinces by caving on specific environmental concerns that don’t make or break the project, all in order to get the final OK from governments.

And as TransCanada faces obstacles on all fronts for its pipelines, other companies have taken measures to avoid similar struggles. One of these controversial projects is Enbridge’s Alberta Clipper or Line 67 pipeline, which crosses the U.S. border in North Dakota. The company wants to expand the pipeline’s capacity from 450,000 barrels per day to 800,000.

And in order to avoid the complications that have plagued Keystone, it found a way to ship oil across the border without needing a new permit from the State Department. Enbridge simply plans to connect two pipelines through an existing cross-border line, Line 3. By using the 1960s-era Line 3, which doesn’t require the same environmental assessment and public comment as Line 67, Enbridge can still ship 800,000 barrels of oil per day, as it originally planned.

According to environmentalists, this is a bait and switch, and 63 green groups urged Obama to reconsider in a June letter. “Rather than wait for this requisite environmental review and permitting process to run its due course, Enbridge decided it would immediately increase the flow of Alberta Clipper by diverting the oil onto an adjacent pipeline for the actual border-crossing, then diverting the oil back to Alberta Clipper just south of the U.S.-Canada border,” the letter said.

Enbridge critics insist the company needs to be held to the same environmental standards as Keystone, and that this work-around is nothing more than a loophole to avoid official scrutiny. The company did not return a request for comment.

For green activists, the most effective way to limit tar sands development has long been to block, delay, and frustrate attempts to build the infrastructure that will carry crude oil, which contributes roughly 17 percent more in greenhouse gas emissions than conventional oil. The ideal form of transport for the industry is by pipeline, for the same reasons environmentalists oppose the new infrastructure. It is cheaper and more efficient, meaning the oil and gas industry can ship more at less cost. Or more accurately, it’s cheaper by pipeline if you don’t count the cost of potential oil spills, clean-up, and the overall impact on the climate.

Still, as long as economic conditions make oil extraction profitable in the medium- to long-term, TransCanada and other companies have every incentive to try new and ever shrewder ways to make a profit.

 

Rebecca Leber, The New Republic, August 18, 2015

August 19, 2015 Posted by | Canadain Tar Sands, Keystone XL, Oil and Gas Industry, TransCanada | , , , , , , | Leave a comment

“Why Did Christie Settle With Exxon?”: At This Moment In History, Good Policy And Good Politics Are Not Often Synonymous

Last week, Republican governor Chris Christie’s administration settled New Jersey’s long-standing environmental lawsuit against ExxonMobil Corp. for pennies on the dollar. For a decade, the state had been seeking $8.9 billion in damages for pollution at two refineries in the northern part of the state, and yet Christie’s top officials abruptly proposed closing the case for just $225 million.

In the aftermath, as environmentalists express outrage and legislators move to block the settlement, the question on many observers’ minds has been simple: Why did Christie settle?

One possible answer is just as simple: money — more specifically, campaign cash.

According to federal records, ExxonMobil has donated more than $1.9 million to the Republican Governors Association since Christie’s first run for governor in 2009. That includes $279,000 during Christie’s election and re-election races, and also another half-million when he chaired the organization in 2014. Additionally, one of Exxon’s law firms in the New Jersey case also donated $30,000 to the RGA since 2013.

Another possible answer could be relationships.

Christie’s first attorney general worked for Exxon for seven years. His deputy chief of staff in 2014 left the governor’s office for a job with Exxon’s lobbying firm in Trenton. And weeks before the settlement was announced, one of his cabinet secretaries took a job with Exxon’s New Jersey law firm.

Still another possible answer about why Christie settled the Exxon case could be found in a little-noticed provision his administration slipped into the annual budget in 2014.

The language in question empowers the governor to divert money obtained from environmental litigation away from pollution cleanup programs and into the state’s general fund, where it can be used to fill budget gaps or finance corporate subsidies. The provision explicitly takes precedence over other state laws designed to direct proceeds from environmental lawsuits into New Jersey’s environmental protection programs.

Because the provision is temporary, remaining in force only until a new budget is enacted, critics say that it effectively encourages Christie’s administration to settle cases as quickly as possible to free up cash that the governor can then tap however he sees fit. The most expedient way to accelerate a settlement is to lessen the fines sought from the company facing the lawsuit.

“This is money that rightfully belongs to the people of New Jersey to make up for the injury to the environment,” said Jeffrey Tittel, executive director of the New Jersey Sierra Club. “Instead, the governor is diverting it for other purposes. It’s a twofer: Reduced settlements help the oil companies before Christie’s presidential campaign, and Christie can quickly get more money for the record amounts of corporate subsidies he is handing out.”

So which answer is correct? Is the settlement a product of campaign cash, relationships or budget machinations? It is hard to say for certain, but in all likelihood it is probably a little bit of all three — plus some presidential campaign calculation sprinkled in.

In politics, as rare as it is to see a policy decision made on the substantive merits of an issue, it is even rarer that a decision is only about one thing. Most often, decisions represent a mixture of motivations. In agreeing to such a small settlement in the Exxon case, Christie placates his politically connected colleagues and gets himself some extra cash to spend on his budget’s new tax cuts. He also gives a gift to an oil industry donor just as he starts raising money for a 2016 White House bid.

Sure, the settlement may not be great policy, but it may be shrewd short-term politics. That divergence is hardly surprising — at this moment in history, good policy and good politics are not often synonymous.

 

By: David Sirota, a Senior Writer at The International Business Times; The National Memo, March 13, 2015

March 18, 2015 Posted by | Big Oil, Chris Christie, Exxon Mobil | , , , , | Leave a comment

   

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