Green Counsel

Message in a Bottle Bill

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

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.

Shop Locally, Share Locally

For the past four years, the Interra Project has developed an ingenious model for people to use financial networks to support their local communities and sustainability. Recently, Interra rolled out its first project -- Boston Community Change - in partnership with Boston Main Streets.

Boston residents can get a free (at least for now) Boston Community Change card that they present to participating local merchants. Every time the card is swiped on the merchant’s credit card terminal, portions of the transaction are returned to the user as a cash rebate, donated to a local community based non-profit or school of the user’s choice, and donated to the local Main Streets organization. Merchants sign up for free, and decide how much of a rebate to grant to users.

The Boston Community Change card is not a payment card, and users can pay for their purchase with any payment form accepted by the business. Users receive monthly electronic statements detailing total rebates and donations.

As Paul Ray, author of the “The Cultural Creatives,” has said: "The Interra model is a brilliant social and financial invention that can help bring a green economy into greater practicality. This is hot stuff, and needs all our support. It functions rather like an alternative currency or an airline miles program, to help encourage mutual loyalty among green/socially responsible consumers. In particular, it does a better job of incentivizing a mutual loyalty of businesses and customers who share the same values."

Interra has identified more than 100 cities for possible roll-out over the next 3-5 years.

Solar Panels Should Be Exempt from Property Tax Assessments

A Trenton Times editorial today discusses NJ homeowners who placed solar panels on their home only to find that the Town Tax Assessor slapped them with a $12,000 increase on the value of their home, leading to a $400 increase in property taxes.

At one time, New Jersey exempted solar panels from property taxes, but the exemption was not renewed in 1988. The Times argues that the exemption should be reenacted and that the tax assessment undermines the state's tax credits that are designed to create an incentive for solar. "Given what we now know about mankind's role in global warming," says the Times, "there shouldn't be disincentives to going green."

Christian Science Monitor Story on Climate Change Litigation

Story today in Christian Science Monitor provides nice list of recent climate change litigation.

The list includes a law suit commenced this month under the Endangered Species Act by Earthjustice and the Center for Biological Diversity and Pacific Environment claiming that the US Fish and Wildlife Service failed to consider global warming when drafting rules for oil and gas exploration in Alaska's Beaufort Sea. The suit cites studies showing that shrinking Arctic ice disrupts polar bear and walrus populations, that some bears are drowning because of melting ice shelves, and claims that these deaths are a taking under the Endangered Species Act.

Polar bears can suffer harm from activities such as drilling, seismic work and transportation which disturb feeding, cause abandonment of maternity dens and generally disrupt polar bear life cycles. According to the lawsuit, the US Fish and Wildlife Service didn't assess these impacts in the context of a warming Arctic, and failed to demand that appropriate protective measures be taken by those engaged in exploration.

For more information on this litigation, see the Earthjustice site.

Spitzer Proposes Climage Change Office

Excellent news from Albany. New York Governor Spitzer's first budget includes a proposal to hire 12 climate experts as part of the Department of Environmental Conservation -- two economists, one climatologist and nine environmental program specialists. If approved by the legislature, New York would follow California to become only the second state to have a state-wide climate office. The employees would initially focus on implementing and expanding the Regional Greenhouse Gas Initiative, a seven-state initiative to reduce carbon-dioxide releases from power plants and other sources by 2009.

Australia to Ban Incandescent Bulbs

The BBC reported today that Australia would become the first country to ban incandescent bulbs with a complete phase out by 2010.

Since compact flourescents use only 20% of the electricity of traditional bulbs, the move could cut the Australia's greenhouse gas emissions by 4 million tons by 2012. According to Australia's environmental minister, if the whole world switched to compact flourescent bulbs today, we could reduce worldwide consumption of electricity by an amount equal to five times Australia's annual consumption.

There sure is elegance in mandatory actions.