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  • This blog is maintained by Stephen Filler, a New York-based attorney with expertise in business law, contracts, intellectual property and litigation. He represents a wide variety of businesses, technology, media companies and individuals. He also provides legal and consulting services to sustainable, environmental and renewable energy businesses, non-profit organizations and trade organizations. He is on the board of the New York Solar Energy Industries Association and Secretary of the Hudson River Sloop Clearwater. His business website is www.nylawline.com.

    The Green Counsel consulting website is www.greencounsel.com.

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« February 2007 | Main | April 2007 »

San Francisco Bans Plastic Bags

San Francisco just passed a law -- the first in the United States -- that bans petroleum-based plastic bags by large grocery and drug chains. According to the city, plastic bags litter the streets and are responsible for choking marine life. As an alternative, stores may offer paper bags or compostable plastic.

According to Craig Noble, a San Francisco-based spokesperson for NRDC, "America consumes 30 billion plastic bags and 10 billion papers ones each year," he says, which use up 14 million trees and 12 million barrels of oil. The biodegradable bags, he says, "give consumers a way out of making this false 'paper or plastic' choice."

The California Grocers Association opposed the ban, partly because of cost, and supported recycling. They argued that plastic bags cost pennies, while paper bags cost 4 to 5 cents, and compostable plastic bags run from 6 to 10 cents; and these costs will have to be passed on to consumers.

For more info, go here.

Bringing Sustainable Energy Infrastructure to the Hudson Valley

Just received notice of this exciting panel in April 12 from 1:00 - 5:00 p.m in Harriman, New York.

A forum related to energy efficiency and renewable energy opportunities in the Hudson Valley. Topics include:

* Current status of energy efficiency and renewable energy infrastructure in the region
* Models of successful energy efficiency and renewable energy programs
* New Energy for Cities
* Funding Mechanisms/Strategies: Beyond SBC/RPS and RGGI: Tax Shifting, Carbon Tax vs. Cap
* Regional Planning to bring Sustainable Energy Infrastructure into Hudson Valley
* Next steps: Interactive roundtable discussion with panel of speakers

The roundtable is sponsored by the Hudson River Sloop Clearwater, Hudson Valley Labor Federation, Hudson Valley Regional Council, the International Brotherhood of Electrical Workers (IBEW) Local 363, NY Planning Federation, NYS Apollo Alliance, Sustainable Hudson Valley, and many others.

For further information or to RSVP, please contact Katy Dunlap at (845) 454-7673 ext. 116 or katy at clearwater.org, or visit Clearwater website.


U.S. Taxpayers Owe Billions for Delays in Nuclear Dump

Yucca_4

The New York Times reported on Wednesday that the US taxpayers will owe $7 billion in damages for delays in opening the nuclear repository at Yucca Mountain (seen above) if the repository opens in 2017 -- the earliest date now possible -- and any further delays will raise the price $500 million per year.

Although it's not entirely clear from the story, apparently we (thanks to the federal government) have assumed financial obligations for permanent storage of nuclear waste, which turns into a tremendous taxpayer subsidy to the nuclear industry.

Why, when and how were these obligations assumed and how long do they last? The article says "the money would reimburse current and former nuclear plant operators who signed contracts under which the federal government agreed to begin accepting their wastes in 1998."

Why can't the feds terminate those obligations for waste created in the future, and place the financial burden where it belongs, on the industry creating the waste?

Photo Credit: www.whitehouse.gov

Message in a Bottle Bill

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Over the past 20 years, more than 80 billion bottles and cans have been returned and recycled through New York’s bottle bill, and more than five million tons of plastic, glass and metal have been kept out of New York’s landfills and incinerators. It is New York’s most successful recycling and litter prevention program, but now it needs improvement.

For the past two years, New York’s State Assembly has passed legislation, known as the “Bigger Better Bottle Bill,” but the bill has died in the State Senate. This year, the bill was passed again by the State Assembly and is being supported by Governor Spitzer. It needs support.

The current bill has two critical elements:

1) It includes deposits on non-carbonated beverages such as bottled water, iced tea, juice and sports drinks; and,

2) It requires the beverage industry to return all unclaimed deposits to the state to fund recycling programs and other environmental needs. Revenue from unclaimed deposits could bring in $100-$180 million per year and would support curbside recycling programs, farmland preservation, parks, open space and other programs to protect our land, air and water.

Even though more than 400 groups, businesses, and local governments and 20 newspaper editorial boards have endorsed updating the bottle bill, the Senate is again threatening to kill the bill.

If you live in New York, express your support for the bill by writing or calling Senator Bruno (President and Majority Leader) at Room 909, Legislative Office Building, Albany, NY 12247 (518) 455-3191), as well as your local Senator. To find your local Senator, click here.

For more information on the bill, visit: New York Public Interest Research Group.

Photo Credit: Jurek Durczak

3 Major Energy Trade Associations Groups Now Support Carbon Reductions

In a major shift in policy, three major energy lobbying groups -- the Edison Electric Institute, the American Gas Association, and the Electric Power Supply Association -- have reversed their position and now support compulsory controls on their carbon emissions. Members of the largest group, the Edison Institute, are responsible for 60 percent of the nation's electricity.

The good news is that this is a sure sign that there will soon be global warming legislation passed by Congress. The bad news is that there will be enormous pressure for a watered down bill that will preempt more meaningful state action.

An article in the Wall Street Journal indicates that the groups' shift in policy was a pragmatic decision to ensure they have places at the table when inevitable national policy on climate change is developed. The American Gas Association, which was publicly against any federal climate change legislation and that represents 200 utilities that distribute natural gas, reportedly "reversed itself because of growing signs that Congress could pass mandatory controls."

Let's see -- if I was one of Dick Cheney's duck hunting buddies would I want a law that I could control now, or take a chance with a unknown Democrat or Republican like John McCain?

TXU to Replace Coal with Wind and Energy Efficiency

Fred Krupp from Environmental Defense was interviewed on NPR on the TXU deal. As part of the deal, TXU's prospective purchasers agreed to reduce the number new coal plant applications from eleven to three, and to reduce their C02 emissions to 1990 levels by 2020.

When asked how purchasers would meet the increased energy demand that the new coal plants were supposed to meet, Krupp said that they would go a long way toward meeting this demand by doubling its investment in wind power and doubling its investment in energy efficiency. Krupp said this "is becoming a new model, where utilities are understanding that they can make money by helping customers save energy."

Risk of Feds Reining in States on Global Warming

For years, while people around the country (indeed, the world) have called for strong federal action on climate change, states including California and NJ have taken the lead and implemented a wide variety of laws and programs.

Ironically, as Congress finally begins debating what to do about global warming, there's a risk now that federal action could undermine some of these local actions, and a number of state and local officials went to Washington this week to help assure this wont happen.

Seattle Mayor Greg Nichols, NJ Governor John Corzine and others told a Senate Committee that the feds could help most by providing money for research and implementing broad guidelines for reducing greenhouse gas emissions. Nichols also said Congress should pass a plan "that calls for a hard and declining cap on emissions and allows for carbon trading among entities."

Local officials warned, however, that Congress should not pass legislation that would undercut aggressive state and local programs. This could happen because when Congress acts in a particular area, that law sometimes preempts any similar or conflicting state law. If Congress sets lower standards than exist in a state, for example, the federal standards might govern.

After years of largely ignoring the issue, Congress has been moving aggressively to draft global warming legislation, and Thursday's hearing was designed to examine local programs that might contribute to federal legislation. Twenty-nine states have already passed legislation limiting greenhouse gases, and 409 mayors have signed a climate-protection agreement. On Monday, the governors of Washington, California, Oregon, Arizona and New Mexico announced a regional agreement on climate change.

For more info see: "Nickels warns U.S. Senate to not rein in cities fighting global warming".


Oakland: There is a Green There There

Ecoequity
Gertrude Stein famously said about her home town, Oakland, California, that “there isn’t any there there.” Surely she would have a different opinion if she were there today and, in fact, many green urban advocates like us wish we were there.

Oakland is the working class home to 500,000 people and one of the nation’s most racially diverse cities. Although it has one of country’s largest ports, many manufacturing jobs have disappeared. In its poorer neighborhoods, 40% of young people suffer chronic respiratory ailments, there are no supermarkets, and ten thousand people are on probation or parole.

Recently, however, hope has arrived in green robes with the potential to build an ecological and equitable economy. Last year, Ron Dellums was elected mayor after promising to grow a local green economy. Then, the Ella Baker Center for Human Rights helped convene the Oakland Apollo Alliance (associated with the National Apollo Alliance). The Alliance has brought together labor, environmentalists and social justice activists with a mission to create “green collar” jobs for Oakland residents and to build a local sustainable economy.

The Oakland Apollo Alliance is advocating for three big green ideas:

1) Creating a “Green Job Corps,” with the help of labor unions, community colleges and the City, to train and employ residents to work in the green economy.

2) Developing “Green Enterprise Zones” where sustainable businesses will be given incentives to move and hire local residents.

3) “Green the Port” of Oakland and turn what is currently one of Oakland’s biggest public health threats into an international model of sustainability (by among other things implementing energy retrofits and converting the port to biodiesel).

Thousands of local residents are supporting this initiative, nonprofits are aligning strategic plans, and funders are pouring money into Oakland, all motivated by the chance to build a sustainable and just future.

If these efforts succeed, Oakland will become a model of sustainability by creating high quality jobs, cleaning the environment, improving public health and helping the country achieve energy independence.

For more information, see the article in Yes Magazine here, or visit the Ella Baker Center's Reclaim the Future website.

Photo Credit: Ella Baker Center.

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