North Dakota

North Dakota Alliance for Renewable Energy Elects ELPC’s Mindi Schmitz as President

JAMESTOWN – Mindi Schmitz, Jamestown, has been elected President of the North Dakota Alliance for Renewable Energy (NDARE).

Schmitz is a Government Relations Specialist working in the Environmental Law & Policy Center’s Jamestown office on renewable energy development policies and implementing the Farm Bill’s clean energy development programs.

Mindi Schmitz
ELPC Government Relations Specialist Mindi Schmitz is based in our Jamestown, ND, office.
“NDARE advocates for renewable energy and energy efficiency in North Dakota and the vast majority of North Dakotans support growing the renewable energy sector,” Schmitz said, noting that membership is open to all individuals, businesses, agencies and organizations that are involved with renewable energy and energy efficiency activities.

According to a public opinion survey commissioned by NDARE this winter, almost all (97%) North Dakotans feel that energy efficiency is somewhat or very important and more than one-half of the survey respondents believe that additional energy efficiency and renewable energy projects will create jobs in the state.

North Dakota currently ranks 5th in the US for the percentage of electricity provided by wind power and 10th in the US for installed ethanol production capacity.

“Interest in renewable energy, including wind, biofuels and solar energy, continues to grow in North Dakota.  Consumers and businesses are also increasingly turning to energy efficiency as a way to save money on their energy bills,” said Schmitz.

Other officers elected include Vice President, Dr. Kenneth Hellevang, NDSU Ag and Biosystems Engineering, Fargo; Secretary, JoAnn Rodenbiker, Northern Plains Electric Cooperative, Cando; and Treasurer Kim Christianson, Bismarck.  Newly elected board members include Russell Schell, RJ Energy Solutions, Fargo and Zac Smith, North Dakota Association of Rural Electric Cooperatives, Mandan.  Kayla Pulvermacher, North Dakota Farmers Union, Mandan, also serves on the board of directors.

The North Dakota Alliance for Renewable Energy is a diverse membership-based advocacy organization that works with citizens, industry, government, interest groups, and educators to promote the development and use of renewable energy – including biofuels, biomass, and wind energy, as well as the widespread adoption of cost-effective energy efficiency and conservation practices.

For more information on NDARE, visit www.ndare.org.

Bismark Tribune: Rural electric cooperatives consider solar options

While wind power is the dominant source of renewable energy in North Dakota, the North Dakota Alliance for Renewable Energy maintains there is a future for solar energy in the state as well.

Consumer interest in solar power is growing, according to Dennis Hill, the general manager of North Dakota Association of Rural Electric Cooperatives, which held a workshop Tuesday to keep cooperatives informed on solar technology advancements.

Three cooperatives have solar projects in North Dakota.

Cass County Electric has recently announced a solar project partnership with Fargo in which members can by a $1,670 share in a solar farm. The power created is credited to their monthly bill. The community project will start at 100 kilowatts but could be as large as 300 kilowatts if demand allows. The larger the project gets the less it will cost customers.

Northern Plains Electric, headquartered in Carrington, is launching a pilot project to power its office building. Members will be able to track the panel’s output and weigh the benefits of solar energy.

For more than a decade, Verendrye Electric Cooperative in Velva has offered solar-powered water pumps for remote stock tanks. Because of the tanks’ far-flung locations, the solar panel is more economic than running power lines.

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ELPC’s Mindi Schmitz: N.D. lawmakers willfully ignored environmental issues

The following op-ed was published in the Grand Forks Herald Journal on May 13, 2015:

BISMARCK—The 64th Legislative Assembly of 2015 chose to blatantly disregard a persistent environmental problem facing North Dakota: the flaring of natural gas in the Bakken.

We are getting all of the pollution and none of the energy from a valuable natural resource.

A recent poll shows that North Dakotans want this embarrassing, wasteful flaring problem fixed ASAP.

The poll was commissioned by the Dakota Resource Council and the Dacotah Chapter of the Sierra Club and was conducted Feb. 18-March 6 by UND’s College of Business and Public Administration. And according to the poll, 64 percent of respondents think oil companies are flaring off more gas than they should, while 58 percent support withholding drilling permits until the oil company has in place the means to capture the gas.

Some 65 percent of respondents also support requiring royalty payments to mineral owners for wasted gas.

There were two bills introduced in the North Dakota Senate that dealt directly with the flaring of natural gas.

The first was SB 2287, a bill to amend the North Dakota Century Code by reducing the time a well is allowed to flare from one year down to 90 days. This would have made state law consistent with the gas capture plans that are the foundation of the North Dakota Industrial Commission’s Gas Flaring Policy.

For unlike conventional oil wells, Bakken wells generally produce most of their oil and gas in the first two years, after which production drops off dramatically. So, if Bakken wells are allowed to flare their associated natural gas for the first year of production, most of the gas that that well will produce will be wasted through flaring.

However, SB 2287 was defeated on the Senate floor. So today, if push comes to shove and an oil company decides not to follow their 90-day gas-capture plan, the Industrial Commission is powerless to force them to do so because current state law allows flaring for up to a year.

The second, SB 2343, started out on the Senate side as a bill to require oil and gas developers in the Bakken to pay royalties to mineral owners and taxes to the state on natural gas that is wasted by flaring. This would have not only provided a fair return on a valuable asset currently wasted, but also incentivized the capture of natural gas at the well site.

But ironically, almost cynically, the bill was “hoghoused” by the Senate. This means that the bill’s language—which was meant to fairly compensate mineral owners and collect taxes for the state—was struck and replaced with language designed to sabotage the Industrial Commission’s efforts to reduce gas flaring in the Bakken.

The final language in the version of SB 2343 that passed is a kind of code. It attaches a fiscal burden to—and thus, potentially kills—any policy that tries to mitigate the environmental impacts from oil and gas development in the state.

The fact that it is retroactive to one year before the North Dakota Industrial Commission adopted its current gas-flaring policy makes the intention clear.

In the course of missing opportunities, the 2015 Legislature ignored the “will of the people”and showed total apathy toward the environment, North Dakota taxpayers and private mineral owners.

Win! SCOTUS Finds that Amtrak has Legal Authority to Set On-Time Performance Standards

FOR IMMEDIATE RELEASE
March 9, 2015

Contact: David Jakubiak, (312) 795-3713 or djakubiak@elpc.org

SCOTUS: Amtrak Has Legal Authority to Set On-Time Performance Standards

WASHINGTON – The U.S. Supreme Court’s decision today affirming Amtrak’s power to create on-time performance standards could get slumping Midwest arrival times back on track.

“This is a good Supreme Court decision that should help rail passengers across the country,” said Howard Learner, Executive Director of the Environmental Law & Policy Center, which filed an amicus curiae brief in the case. “For every passenger who has been delayed for hours in Northwest Indiana or outside of Cleveland while oil tanker cars slog by, today’s court decision can be an important step forward.”

The Association of American Railroads challenged a federal law that allows Amtrak to help set on-time performance standards for railroads, arguing that Amtrak is a private company rather than a government entity. The Supreme Court, agreeing with the Department of Transportation and ELPC, held that Amtrak is more like a government entity.

The DC Court of Appeals had struck down a provision of the 2008 rail reauthorization bill that instructed the Federal Railroad Administration and Amtrak—consulting with the Surface Transportation Board, freight railroads, states, rail labor, and rail passenger organizations—to develop metrics and minimum standards for measuring Amtrak passenger train performance and service quality.

“Today’s U.S. Supreme Court ruling settles that legal question,” Learner said. “Amtrak is a government entity. Given this ruling, the existing on-time performance standards should be enforced and passenger rail should again be given priority.”

In an amicus curiae brief filed by ELPC, on behalf of itself and the National Association of Railroad Passengers, All Aboard Ohio and Virginians for High Speed Rail, ELPC found that on-time arrival rates had suffered since the appeals court ruling. In 2012, Amtrak achieved a nationwide on-time performance rate of 83 percent. Since the standards were invalidated by the Court of Appeals, on-time performance fell to an abysmal 42 percent.

While this is a major victory for Amtrak passengers across the nation, the Supreme Court’s ruling does raise the possibility of a lengthy court fight should the Association of American Railroads seek to continually litigate other issues around on-time performance.

“The highest court in the land has spoken and we hope is that freight railroads will move forward as a partner to improve passenger rail service across America,” added Learner.

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Good News! Amtrak funding approved by U.S. House

Today the U.S. House of Representatives passed legislation to authorize $8 billion in Amtrak funding. While the U.S. Senate still needs to consider the matter, this vote is a victory for ELPC and allies, who have been fighting back against anti-Amtrak amendments – including one introduced earlier this week that would have eliminated all funding for Amtrak, effectively ending all long-distance and state Amtrak train service.

Almost 700 ELPC followers and thousands of others throughout the country wrote to their Members of Congress with a clear message: Americans want a strong national train network and elected officials who support. This grassroots support played a huge role in securing today’s bipartisan vote.

amtrakvotescreenshot

Learn more about today’s vote in this article from The Hill.

Greenwire: Midwest law center can compromise but doesn’t fear a fight

Jeremy P. Jacobs, E&E reporter
Published: Friday, February 27, 2015

Ask Chicago environmentalists who’s the Windy City’s best lawyer, and they’re likely to name Howard Learner.

Learner has built his Environmental Law and Policy Center into a Midwest powerhouse over the last 20 years on transportation and clean energy issues, scoring victories in courtrooms and state legislatures along the way.

His shop eschews the national spotlight for a hyper-regional focus that he says is part of the group’s DNA.

“First of all, we are Midwesterners,” he said. “The Midwest is probably the most important region in the most important country in the world.”

ELPC is among a few regional environmental law centers that operate in the gap between national Goliaths like the Natural Resources Defense Council and small grass-roots organizations. The center takes on major litigation — fighting lawsuits brought by former Chesapeake Energy Corp. CEO Aubrey McClendon, arguing for solar and wind energy in state Supreme Courts, and battling Great Lakes pollution. Moreover, it has developed a lobbying operation that pressures government officials — from U.S. senators to mayors — to support environmentally progressive policies.

Learner prides himself on leading a “grass-tops” organization, meaning it seeks to unite leaders from often-opposing camps — such as unions and local chambers of commerce — to push for common goals.

Sometimes that works, and sometimes it doesn’t, but ELPC is now thriving, thanks largely to Learner’s grasp of regional politics.

“He has steered clear of the weird political fights,” said J. Paul Forrester, an energy and agricultural specialist at Mayer Brown in Chicago. “He has a lot of political acumen. I give him a lot of credit for that. That’s helped him avoid ugly confrontation.”

Howard Learner launched the Environmental Law and Policy Center 20 years ago.
Howard Learner launched the Environmental Law and Policy Center 20 years ago.

Learner, 59, lives a mile-and-a-half from where he was born in Chicago. The son of a University of Wisconsin football player, he’s well over 6 feet tall and bearded. He cuts an imposing presence that he establishes right away with a firm handshake.

Growing up as an outdoorsman, Learner biked across Wisconsin several times and always had a backpack ready for weekend trips. He attended the University of Michigan and remains a devoted fan of the Wolverine football team, then headed to Harvard Law School.

He returned to Chicago with his law degree and worked for a public interest law firm that specialized in housing cases. Learner launched the group’s environmental practice and specialized in pro bono work.

In 1991, seven major foundations pooled funds and asked several local lawyers for proposals for a regional-based legal center to address environmental programs in the Midwest. Such a group didn’t exist, and, as Learner recalled, there were ample reasons the region needed one.

The Great Lakes contain nearly a fifth of the world’s freshwater supply and provide drinking water to more than 40 million people. At the time, electricity utilities were becoming more regionally focused, building power lines across state borders. The Midwest was also home to some of the dirtiest coal-fired power plants. Three-quarters of the pollution in the Great Lakes was coming from the energy and transportation sectors.

The region also served as the nexus of multiple types of transportation; interstate highways crisscross the area, as do major railways. And Chicago’s O’Hare International Airport serves as a hub of air travel in the region.

“If you are serious about solving our climate change problems, and you’re serious about keeping the Great Lakes clean,” Learner said, “you need to deal with the energy and transportation sectors on a regional basis.”

Learner applied for the funding, basing his proposal in part on other regional outfits like the Conservation Law Foundation in New England, the Southern Environmental Law Center and the Sierra Club Legal Defense Fund on the West Coast, which has since become Earthjustice.

The foundations backed Learner, guaranteeing $850,000 per year for three years. He left his practice, rented a storefront and started assembling furniture.

At the core of the group’s philosophy from the start, Learner said, was devising “pragmatic solutions” that paired environmental benefits with economic growth and job creation. Now such proposals are increasingly common among environmental groups, but at the time they weren’t.

Learner pledged that whenever his group came out against a project or proposal, it would say yes to a less harmful alternative.

“We said from the beginning we weren’t going to get boxed in as naysayers,” he said.

ELPC now has an annual budget of more than $6.5 million and about 50 employees in eight offices throughout the Midwest. It divides its efforts into two groups. Its strategic advocacy arm lobbies and files lawsuits to fight what it views as environmentally harmful policies. And second, it brings parties together to come up with “eco-business” deals and proposals, such as working with labor unions, local chambers of commerce and officials to facilitate solar and wind energy development in the Midwest, or a regional high-speed rail network.

Those efforts have yielded results. Iowa is the second-largest wind energy producer in the country, and Illinois, Minnesota and Kansas all rank within the top 10. And plans for a regional high-speed rail proposal to serve 60 million people in eight states are starting to jell. The St. Louis-to-Chicago-to-Detroit line is being built, and sections already run at 110 mph. The effort has garnered the support of the Obama administration, which committed $13 billion in the 2009 stimulus package.

Looking for opportunity

ELPC’s success is due in large part to Learner’s relentlessness.

Jerry Adelmann, president of the Chicago-based Openlands conservation group, said it typically takes Learner “two seconds” to respond to an email.

“He lives and breathes this stuff,” Adelmann said. “It’s part of his very being.”

To his foes — which are typically entrenched energy utilities — Learner can come off as a zealot. But he has overcome such criticism through political adeptness, which is unusual for someone who wears his Democratic-leaning politics on his sleeve.

Learner was Illinois delegate at the 2004 Democratic National Convention, and has served on political committees that others in the nongovernmental organization community would likely shy away from out of fear of reprisals from the other side.

“Howard is out front in terms of his politics,” Adelmann said.

Learner seems to dodge most blowback, though, largely because of his instincts.

“I think Howard is one of those visionary leaders,” said Josh Mandelbaum, an attorney in ELPC’s Des Moines, Iowa, office. “His mind is always spinning, and he sort of sees the direction that things are moving. He is constantly trying to anticipate what opportunities will present themselves and constantly trying to take advantage of them in a strategic way.”

That doesn’t mean ELPC doesn’t have critics.

Todd Maisch, president of the Illinois Chamber of Commerce, said it’s possible to have a “reasonable conversation” with ELPC. But he stressed that the group often presses for more stringent environmental controls than his members can support.

“Bottom line is, we think a big part of their agenda results in very little environmental improvement but huge costs,” Maisch said.

He added that ELPC’s coalition building is often less successful than the group says.

“Their attempts,” he said, “to bring people together to build a consensus — a lot more of those fail than succeed.”

Battling energy tycoon

Learner and ELPC can nevertheless point to significant achievements, both on the large and small scale.

ELPC was part of a coalition that pushed for the closure of two old power plants in 2012 on Chicago’s South Side, the city’s last two coal-fired facilities. Before that, it fought to ensure that wastewater was treated before utilities discharged it into the Chicago River.

And last summer, ELPC lawyers secured an Iowa Supreme Court victory in challenging an Iowa Utilities Board decision that created an unfavorable and expensive environment for solar energy development in the state.

There is also a strong “defender of the little guy” thread to their work. Perhaps no case illustrates that better than ELPC’s work for a small community in Saugatuck, Mich., against former Chesapeake CEO McClendon.

ELPC’s victories include protecting regional waterways like the Chicago River from contaminated discharges.
ELPC’s victories include protecting regional waterways like the Chicago River from contaminated discharges.

An artsy Lake Michigan resort town with fewer than 1,000 year-round residents, Saugatuck is a 2½-hour drive from Chicago. In summer, tourists visit the town’s art galleries, shops and renowned beach dunes. The community has sought to protect those attractions from development by passing strict zoning laws.

Those efforts were threatened, however, in 2007, when McClendon bought 412 acres at the mouth of the Kalamazoo River that the town had been trying to make part of the public domain and conserve for 50 years.

McClendon wanted to build a gated community and resort on the land, with a nine-hole golf course, hotel, mansions and condos. Within 30 days of purchasing the property, he filed a series of lawsuits challenging Saugatuck’s zoning laws.

Overwhelmed, David Swan and the Saugatuck Dunes Coastal Alliance turned to Learner for help.

ELPC took the cases, and Swan said the group’s attorneys became part of the community. They also provided communications and marketing support to Swan and his allies.

They were able to halt McClendon’s development. In November 2011, a federal district court judge threw out a settlement between McClendon and the Saugatuck Township Board that would have essentially removed zoning provisions from the property. The judge ruled that the settlement would have illegally prevented the board from ever updating its zoning laws for the property.

Further, the court held that any future such settlement would require a hearing to ensure it benefits the “public good.”

There remains some ongoing litigation, but the community has since bought back half the land McClendon purchased. And, Swan said, nothing has been built on McClendon’s land.

Swan credits ELPC with saving the dunes — and his community.

“It just kind of amazed me,” Swan said. “Here was a really brilliant attorney, who is really busy with huge projects, and he doesn’t let small projects like trying to save 400 acres of pristine duneland fall by the wayside.”

Midwest Energy News: Industry, advocates weighing in on Minnesota coal case

Numerous industry and environmental interests are weighing in on high-profile federal litigation over the legality of what is widely known as Minnesota’s anti-coal law.

Last year, a federal judge said the Next Generation Energy Act ran afoul of the U.S. Constitution’s Commerce Clause — which gives the federal government power to regulate interstate commerce — by restricting the purchase of carbon-intensive energy from other states.

Neighboring North Dakota, which mines coal and is reliant on the fuel for power generation, sued Minnesota in 2011 over the law. It said Minnesota’s law would, in effect, regulate its own generating portfolio (Greenwire, April 21, 2014).

U.S. District Judge Susan Nelson in Minnesota agreed. She said the Minnesota law “is a classic example of extraterritorial regulation because of the manner in which the electricity industry operates.”

In recent weeks, a roster of pro-coal interests has filed friend-of-the-court briefs with the U.S. Court of Appeals for the 8th Circuit to make sure the lower court ruling stands.

The National Mining Association and the American Coalition for Clean Coal Electricity said the law risks “balkanizing the electricity markets” and “interfering with the regional development of coal.”

The groups wrote late last month, “Since North Dakota coal production is used overwhelmingly for electric generation, and since Minnesota is the largest market for North Dakota electric generation, the Import Restriction will prevent the development of North Dakota’s coal resources.”

Minnesota regulators argue that concern from critics is hypothetical and speculative. They say the law was never meant to regulate or affect decisions outside the state, and there’s no evidence it has.

“Federal courts have a fundamental responsibility to ensure that a litigant demonstrates an actual or ‘certainly impending’ injury-in-fact that is fairly traceable to the challenged action,” said their brief. “Appellees fail to show either an injury-in-fact or causation.”

Environmental groups — including the Environmental Defense Fund, Environmental Law and Policy Center, Natural Resources Defense Council, and Sierra Club — are backing the state.

“Neither on their face, nor under any reasonable interpretation, could these provisions be deemed to apply to transactions taking place entirely outside of Minnesota and thereby run afoul of the dormant Commerce Clause,” they wrote late last year.

“The district court’s conclusion that the NGEA applies extraterritorially thus lacks the necessary foundation,” added the environmental groups.

The U.S. Chamber of Commerce and the National Association of Manufacturers, among other industry interests, shot back, accusing Minnesota backers of trying to misrepresent the law.

“No doubt aware of the difficulty the NGEA presents on its face, appellants and their [supporters] have strived in this litigation to re-write it,” said their brief.

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ND Alliance for Renewable Energy: Survey Shows Strong Support for Renewables

BISMARCK – Almost all (97%) North Dakotans feel that energy efficiency is somewhat or very important, according to a newly-released statewide public opinion survey commissioned by the North Dakota Alliance for Renewable Energy (NDARE).

The survey was conducted by the University of North Dakota Bureau of Governmental Affairs, with financial support from North Dakota’s Office of Renewable Energy and Energy Efficiency.

“The results of this survey underscore what we’re hearing from North Dakotans in every corner of the state – energy efficiency and renewable energy are important parts of our energy equation,” said NDARE president Kim Christianson, noting that 72% of respondents favor having a state energy building code and that 87% support new public buildings meeting stronger standards of energy efficiency.

Survey respondents also felt that the state legislature should do more to support renewable energy and energy efficiency.

“More than 70 percent of those polled agreed that additional funding for renewable energy and energy efficiency should be allocated from a state trust fund, which was originally established to support water and energy efficiency projects.  Historically, less than one percent of the Resources Trust Fund has been directed toward energy efficiency,” Christianson said.

Respondents favored utilizing Resources Trust Fund monies to develop robust energy education programs, monitoring energy use in public buildings and developing utility rebate programs for consumers.

Christianson also noted that the survey respondents supported the expansion of the state’s weatherization program and extending tax incentives for geothermal, biomass, solar and small wind programs.

The survey also showed strong support for wind power as an energy generation resource, followed closely by energy efficiency, natural gas and solar energy.  In addition, more than one-half of respondents believe that additional energy efficiency and renewable energy projects will create jobs in the state.

Survey results also strongly support the addition of energy consumer and energy efficiency representation on North Dakota’s state-level energy policy commission, which is chaired by the North Dakota Commerce Commissioner.

The North Dakota Alliance for Renewable Energy is a diverse membership-based advocacy organization that works with citizens, industry, government, interest groups, and educators to promote the development and use of renewable energy – including biofuels, biomass, and wind energy, as well as the widespread adoption of cost-effective energy efficiency and conservation practices.

For more information on NDARE and to download a full version of the survey results, visit www.ndare.org.

ELPC Presents at USDA’s Forum on Rural Energy for America

???????????????????????????????On Friday, Feb. 6th, ELPC Senior Policy Advocate Andy Olsen spoke at the USDA’s National Rural Energy for America Program (REAP) Stakeholder Forum, which outlined program improvements since REAP’s recent overhaul and highlighted stakeholder successes. To access a free webcast of the event, click here.

2014: ELPC Advances Clean Energy & Clean Transportation Solutions, Protects the Midwest’s Special Natural Places

Dear Friends and Supporters,

DavidHowardELPC has achieved strong successes in challenging times, demonstrating that smart, strategic legal and policy advocacy can both improve environmental quality and grow the Midwest’s economy. ELPC’s solutions-focused strategies engage diverse partners and seize opportunities to make a fundamental difference in accelerating clean energy development and clean transportation technologies, protecting clean air and clean water, and preserving the Midwest’s special wild and natural places. Our multidisciplinary staff teams of expert public interest attorneys, M.B.A.s, policy advocates and communications specialists, combined with sound science engagement from ELPC’s Science Advisory Council, play to win and know how to get things done—truly making a difference for a better world.

We’re on the cusp of fundamental environmental changes. New solar energy, wind power, battery and lighting technologies can help clean up and transform the electricity sector. The Obama Administration’s landmark Clean Power Plan will, in effect, impose a price on carbon pollution while allowing flexible pollution reduction strategies that can be sculpted for effective solutions in each state.

ELPC’s advocacy led to the nation’s largest-ever investment in high-speed rail, including $2.6 billion for developing the Midwest rail network. Modern, faster, more comfortable new trains are being manufactured in the Midwest, creating jobs and spurring economic growth. The Midwest is a proving ground for the rest of the nation: higher-speed rail is arriving, with ELPC’s leadership.

Innovative car technologies – all-electric vehicles, gas-electric hybrids, fuel cell, CNG and others – combined with better designs and lighter materials are reducing
pollution from the transportation sector while lifestyle and economic changes lead to fewer people driving
cars and fewer vehicle miles traveled.

President Obama’s Great Lakes Restoration Initiative has bipartisan support and sustained appropriations, which have largely avoided political squabbling. The projects supported by $1.3 billion of federal funds over the past four years are achieving real results for restoring the Great Lakes ecological system.

This is an exciting and challenging time for ELPC’s Board and Staff to seize these opportunities for environmental quality and economic development progress. We’re proud of ELPC’s accomplishments in helping transform our Midwest home into a cleaner and more vibrant place to live, work and play.

Sincerely,

Howard A. Learner and David Wilhelm
ELPC Executive Director and Board Chair

 

Protecting the Midwest’s Prairies, Wilderness & Great Lakes

EOY-Sylvania

ELPC’s strategic litigation and advocacy campaigns provide our Midwestern conservation colleagues with first-rate legal firepower when necessary to protect treasured natural resources. ELPC public interest attorneys work in both the federal and state courts, and in the court of public opinion, to protect the Great Lakes, Mississippi River and the Midwest’s special natural areas, threatened species and wildlife habitats. ELPC establishes key legal precedents that protect our natural heritage now and for the future.

Protecting the Midewin National Tallgrass Prairie – Challenging the Proposed Illiana Tollway. Midewin is our country’s first national tallgrass prairie and is home to northeastern Illinois’ largest, most diverse community of grassland birds. ELPC and our clients Openlands, Midewin Heritage Association and Sierra Club are challenging the boondoggle Illiana Tollway, which threatens the Midewin Prairie and wildlife habitat with damaging noise, light and pollution from convoys of heavy trucks. ELPC’s federal and state court litigation, combined with our media and public education campaign, has exposed the financial folly of the Illiana Tollway and its destructive impacts on the Midewin National Tallgrass Prairie. In October, the Chicago Metropolitan Agency for Planning Board again voted overwhelmingly against adding the Illiana Tollway to the regional plan. The Illiana Tollway is now the hottest transportation battle in Illinois.

Defending the Sylvania National Wilderness Area. Sylvania is a beautiful 18,327-acre wilderness area with quiet connected lakes and old-growth trees on the Wisconsin-Michigan border. ELPC attorneys, representing Friends of Sylvania, Sylvania Wilderness Cabins, and the Upper Peninsula Environmental Coalition won a major victory in federal district court to finally limit “grandfathered” polluting and noisy gas-powered motorboat use along the Sylvania Wilderness. This ELPC litigation victory is a key precedent for protecting our Wilderness Areas, National Forests, and National Lakeshores in the North Woods and Upper Great Lakes. We’re protecting the Sylvania Wilderness against invasive species and preserving wilderness tranquility for people to enjoy in this special place.

Stopping the SS Badger from Dumping Toxic Coal Ash in Lake Michigan. ELPC and our colleagues are working with U.S. Senator Dick Durbin and others to stop the coal-burning SS Badger, a Lake-Michigan ferry boat, from dumping about 1 million pounds of toxic coal ash into Lake Michigan each year. In 2013, the SS Badger’s owner agreed with the US EPA to reduce coal ash dumping in 2014 and completely stop by 2015. The SS Badger’s owner now claims to have installed digital combustion controls that lower fuel consumption, and, next summer, will store the coal ash on board. ELPC will work to ensure that the SS Badger stops dumping into the Great Lakes.

Protecting the Great Lakes from Aging Oil Pipelines. Every day, Enbridge’s decaying, 60-year-old “Line 5” pipeline carries over 20 million gallons of crude oil and natural gas fluid under the Straits of Mackinac, which connects Lake Michigan and Lake Huron. In 2010, another Enbridge pipeline spilled more than 875,000 gallons of oil into the Kalamazoo River. That spill created an ecological disaster that is still being cleaned up today. ELPC is working with the Michigan Land Use Institute, Michigan Environmental Council, FLOW and other partners to require Enbridge to remove, replace or upgrade its pipeline to protect the vulnerable Straits of Mackinac. We are gaining support from policymakers to take needed protective action.

 

Leading the Midwest’s Clean Energy Transformation

EOY-Solar

Disruptive solar energy and battery technologies and sustained advances in energy efficiency are poised to transform the electricity sector like wireless and the internet transformed telecommunications. ELPC advocates new policies to drive energy markets and technological innovations that can change the world.

Growing Renewable Energy in the Heartland. Wind power development is driving manufacturing jobs, rural economic development and pollution reduction. Iowa leads the nation, generating 28% of its electricity from wind power. Chicago has 14 global and North American wind power corporate headquarters. Wind power equipment supply chain businesses create jobs across the Midwest. Solar technologies keep advancing and PV panels drop in price, while energy efficiency advances in appliances, lighting and buildings save us money and reduce pollution.

ELPC’s solutions-based advocacy accelerates clean energy through an “innovate and replicate” model in which new policies — including updating standards for more solar on the grid in Illinois and new solar approaches in Minnesota — can be replicated in more states to drive markets, reduce barriers, and advance clean energy across the Midwest.

Expanding Energy Efficiency Programs. LED lights save 90% more energy than incandescent bulbs. In Illinois, ELPC steered new programs to accelerate market penetration of LED lights and home weatherization to produce longer-term, deeper energy savings. In Iowa, ELPC persuaded a utility to increase discounted LED lights from 2% to more than 40% by 2018, thereby avoiding more than 45 million pounds of CO2 pollution. ELPC’s sustained advocacy to accelerate energy efficiency in the Midwest will save consumers money on their utility bills, reduce the need for polluting power plants, and lighten the load on the electricity grid thereby improving reliability. A key indicator of market change: American Electric Power told the Public Utilities Commission of Ohio that it expects electricity demand to decrease by 16% over the next ten years.

Solar is Poised for Breakthrough Success. ELPC’s advocacy leadership is advancing breakthrough policies and removing barriers to solar energy development. ELPC persuaded the Minnesota Public Utilities Commission to adopt an innovative “value of solar tariff” to recognize the multiple economic and social benefits of solar. ELPC is working with Illinois policymakers to update standards that will make solar easier to finance and connect to the grid. ELPC attorneys won a nationally precedential case before the Iowa Supreme Court to remove utility-sponsored regulatory barriers against a conventional financing mechanism used to support solar installations on public buildings, homes and business.

ELPC attorneys and a diverse coalition of solar power and energy efficiency businesses, RENEW, AARP, low-income consumer groups, and municipalities are fighting back before the Public Service Commission of Wisconsin against three Wisconsin utilities seeking to raise fixed charges and impose costly regulatory barriers to advancing solar energy and energy efficiency innovations. We need to win before the Comission and in the court of public opinion.

ELPC designed Illinois’ new $30 million solar procurement program, and we are working to create more sustainable cities by developing old industrial brownfields into solar “brightfields” that generate clean energy, create jobs and spur economic revitalization. ELPC’s multidisciplinary team of energy experts works on multiple fronts to accelerate Midwest leadership to a cleaner energy future.

 

Advancing Midwest Leadership for Climate Change Solutions

EOY-McCartyThe Midwest is the center of our nation’s carbon pollution problems and should be the fulcrum for clean energy and clean transportation solutions. ELPC is working to speed development of clean wind power and solar energy resources, implement policies to advance energy efficiency, and accelerate hybrids, electric vehicles and other modern clean car technologies combined with better planning. These climate change solutions are good for job creation, good for economic growth and good for our environment and public health.

Achieving the Full Potential of the Clean Power Plan. President Obama’s proposed Clean Power Plan advances climate solutions leadership. The U.S. EPA is finalizing strong federal carbon pollution reduction standards in 2015 that will use Midwest states’ implementation plans to clean up the Midwest’s electricity sector. Supportive policies, improved technologies and changes in business and public attitudes and actions are driving clean energy from early adopters to the mainstream, with more wind power development, more solar energy installations and more efficient LED lighting, appliances, HVAC, pumps and motors. Electricity demand is declining while the Midwest economy is rebounding, and renewables and natural gas are squeezing out old coal plants and reducing carbon pollution. ELPC’s framework strategy Repowering the Midwest is moving from policy vision to reality.

 

Accelerating the Next Generation of Sustainable Transportation

Advancing Midwest High-Speed Rail Development. ELPC’s sustained advocacy to advance the Chicago-hubbed Midwest high-speed rail network is achieving major progress with bipartisan political and business, labor and civic support. By late 2015, we expect 110 mph modern rail service on 75% – 80% of the Chicago–St. Louis corridor, and soon after on the Chicago-Detroit corridor. Modern passenger railcars manufactured in Rochelle, Illinois are on track by early 2016. Minnesota continues planning for high speed rail projects as well. Key federal transportation legislation is a priority for Congress in 2015, and ELPC is working closely with the pivotal Midwest delegation to expand funding for high-speed rail development that improves mobility, reduces pollution, creates jobs and spurs economic growth.

Reducing Harmful Diesel Pollution. ELPC and our community partners challenged increased diesel pollution from Norfolk Southern’s rail yard expansion in Chicago’s Englewood community. ELPC’s legal and policy advocacy combined with community organizing, public engagement and media attention brought Norfolk Southern to the negotiating table. The settlement will reduce particulate pollution from diesel rail equipment and trucks, add neighborhood green space, and bring new jobs and economic growth.

Promoting Electric Vehicles. ELPC business and policy specialists are working to expand electric vehicle market penetration by removing barriers and advancing supportive policies. ELPC is partnering with the City of Chicago and leading businesses to promote workplace charging policies and infrastructure. By developing the policies to create workplace and home charging opportunities, electric vehicles can be used by more people, expanding capacity for businesses to operate large-scale green fleets.


 You may also download a PDF of our year-end brochure here.

 

 

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

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ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

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ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

Donate Now

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

Donate Now

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

Donate Now

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

Donate Now

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

Donate Now

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

Donate Now

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

Donate Now

ELPC’s Founding Vision is Becoming Today’s Sustainability Reality

Support ELPC’s Next 20 Years of Successful Advocacy

Donate Now