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.
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.”
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.
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.”
The report released Wednesday by the Environmental Law & Policy Center in Chicago was designed to showcase the contribution clean power is making to the state economy at a time policy makers are putting up roadblocks to renewable energy development in the state.
“Wisconsin has a strong manufacturing base and well-trained workforce that can export renewable energy products to a world that wants more clean energy with each passing year,” said Andy Olsen, senior policy advocate in ELPC’s Madison office in a statement.
The report found that many of the Wisconsin companies working in the clean energy space were actually smaller firms, with an average of 12 employees. That compares with Illinois where the typical renewable energy firm has nearly 50 people.
“Wisconsin’s renewable energy economy is driven by small businesses spread across the state, rather than by a few very large employers,” said John Paul Jewell, lead researcher on the ELPC project.
FOR IMMEDIATE RELEASE Contact: David Jakubiak, Environmental Law & Policy Center, 312.795.3713 or DJakubiak@elpc.org
ELPC finds almost 7,000 working in wind, solar supply chain companies
MADISON – More than 500 Wisconsin companies serve wind power and solar energy markets, providing jobs to people across the state who are manufacturing, financing, designing, engineering, installing and maintaining renewable energy projects here and across the region, a study released Wednesday by the Environmental Law & Policy Center found.
“Our supply chain report provides numerous examples of new and existing businesses finding new growth opportunities from renewable energy, from Milwaukee to Prairie du Chien to Green Bay to Superior,” said Andy Olsen, Senior Policy Advocate in ELPC’s Madison office. “Wisconsin has a strong manufacturing base and well-trained workforce that can export renewable energy products to a world that wants more clean energy with each passing year.”
The report was developed through an analysis of data from several industry groups. The companies were then individually contacted to confirm their supply chain role. In addition to the wide breadth of businesses captured in the report, the findings also offer insights into the types of businesses driving Wisconsin’s growing renewable energy sector. For example, the average size of a renewable energy supply chain business in Wisconsin is 12.5 people. A forthcoming analysis of Illinois’ supply chain found companies there employing, on average, almost 50 people.
“Wisconsin’s renewable energy economy is driven by small businesses spread across the state, rather than by a few very large employers,” said John Paul Jewell, Research Coordinator at ELPC.
The report identified 316 companies involved in Wisconsin’s solar energy supply chain and more than 230 companies involved in the state’s wind power supply chain. The companies provide many local stories across the state.
For businesses involved in the installation and construction of wind and solar projects, a thriving supply chain sector means increased economic activity within Wisconsin, but it also signals a shift to modern, reliable, more cost-effective electric supply.
“SunVest and other Wisconsin businesses in the renewable energy industry are working hard to innovate and develop new technologies to bring our energy costs down,” said Matt Neumann, President of SunVest Solar Inc. of Pewaukee. “Wisconsin’s energy costs have increased at 2.5 times the rate of inflation for the last 10 years — it’s time to consider policy that supports new technologies with the hope of a less expensive energy future for our State.”
As the Chicago Auto Show wraps up, electric vehicles continue to gain traction among both consumers and automakers as sensible, affordable and fun alternatives to traditional cars. Here are some industry highlights heading into the next year of EV sales in the Midwest and nationally:
The Chicago Auto Show is the world’s largest auto show and this year features 10 EVs – including the very popular Nissan Leaf, which is “normalizing” EV ownership; the next generation of the Chevy Volt, which features more range (50 miles) and a sportier look; the brand new BMW i3, which is bringing regenerative breaking to a whole new level; the super-high-end Porsche Panamera E-Hybrid, which looks like the Batmobile; and many others. Very cool.
General Motors kicked off the Chicago Auto Show with big news – Production will begin soon on its new, all-electric Chevy Bolt (not to be confused with the hybrid-electric Volt). The Bolt promises a 200-mile range at a $30,000 price tag (after rebates), which many predict will be a winning combination. (It’s already a win for Orion Township, Mich., where the cars will be manufactured.) Stay tuned.
“Electrification” is clearly one of the tools that automakers are using to meet new CAFÉ standards, which require average fuel efficiency of 54.5 mpg by 2025 – more than twice the standard for 2010. Along with smaller engines, lighter materials and better aerodynamics, all-electric and hybrid-electric models are bringing us the next generation of clean cars.
EV sales have been a small slice of the overall car-buying pie. But let’s not forget that the now-ubiquitous Toyota Prius sold only 5,600 units in its first 12 months of production; in comparison, Chevy sold 7,600 Volts and Tesla sold 11,350 of its Model S during their first 12 months of production. Now we have more educated buyers, and the technology is constantly improving. This is only the beginning, folks.
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.
We’re on the verge of victory in stopping the SS Badger’s longstanding dumping of 1,000,000 pounds of toxic coal ash into Lake Michigan each summer. The car ferry’s owners are now moving to comply with a federal court consent decree by capturing and then lawfully disposing the toxic coal ash. This is a significant step in the right direction for reducing toxic pollution of the Great Lakes. It reaffirms the principle that no business should be permitted to use the Great Lakes as a dumping ground for toxics.
This progress follows a strong campaign led by the Environmental Law & Policy Center with U.S. Senator Dick Durbin and our good partner colleagues at the Alliance for the Great Lakes, National Wildlife Federation, Natural Resources Defense Council, Sierra Club and others. Here’s what happened and what comes next:
The 60-year-old SS Badger is the last coal-burning ship on the Great Lakes. For too many years, the resulting coal ash – containing toxic materials – has been moved from the ship’s boilers to an on-board retention area, where it’s mixed with Lake Michigan water and then discharged into the lake as toxic slurry. Public pressure and the SS Badger’s continued pollution led to an action by the U.S. Department of Justice and the U.S. Environmental Protection Agency that resulted in a binding consent decree filed in the U.S. District Court for the Western District of Michigan.
Following the consent decree, last year, SS Badger operators installed new digital combustion controls that enable the ship to run more efficiently, burning about 15% less coal on its trips from Manitowoc, WI, to Ludington, MI. The SS Badger operators are now scheduled to install a new system that will move the coal ash along a conveyor belt between the ship’s boilers and four containment bins. Those bins will later be moved to an appropriate land-based site, possibly for re-sale as a cement filler. This kind of “encapsulated reuse” is one of the better scenarios for handling toxic coal ash.
This has been tough sledding. Working together, we’re on the verge of finally stopping the SS Badger’s dumping of toxic coal ash into Lake Michigan. Polluting the Great Lakes this way should not be tolerated. We’re expanding ELPC’s Great Lakes protection work and achieving progress. For more information on ways that you can help ELPC to protect our Great Lakes, please visit www.ProtectOurLakes.org.
Unions and environmental groups called on Congress to provide more funds for passenger rail and transit systems in a report released today.
The Environmental Law and Policy Center and BlueGreen Alliance released the report, “Passenger Rail & Transit Rail Manufacturing in the U.S.,” which examined the impact and opportunities the passenger rail and transit industry presents to the national economy.
Howard Learner, executive director of the Environmental Law and Policy Center, said at the Washington, D.C., release that there are a variety of opportunities for Congress to invest in long-term passenger rail and transit infrastructure.
“We believe both passenger rail and transit should be included in a robust way in the transportation reauthorization bill and how funding is allocated,” he said. “We’re not against highways and bridges, but we want to make sure passenger rail and transit is a full, robust part of how the transportation reauthorization bill comes out.”
Some members of Congress have fretted over funding for a long-term bill, but Learner suggested there are ways to pay for infrastructure needs, including raising the gas tax.
“The gas tax has attracted some support and some favorable nods on both sides of the aisle, but also some opposition, particularly coming from the Republican House members,” said Learner.
Jennifer Narrod, the shop chairwoman for the IUE-CWA Local 81323 and a worker at Alstom Signaling Inc. in Rochester, N.Y., said a downsizing of manufacturing at her plant in recent years not only has hurt workers, but also has affected small businesses throughout the community. Narrod said long-term investments in the rail industry would be beneficial to Rochester and small towns across the country.
Narrod said her company, which produces signaling and operating systems for rail cars, manufactures products for larger cities and noted that Rochester doesn’t have a passenger rail system. Along with the report, Narrod said small-town companies have a significant impact on the rail industry and are important to the economy.
The report found more than 750 companies in 39 states that manufacture components for passenger rail and transit rail. It homed in on a set of Midwestern and Mid-Atlantic states and found 540 companies making subcomponents of materials, track and infrastructure products, as well as providing repairs for the industry.
Investing in passenger rail and transit infrastructure could further boost manufacturing in those states and expand production to others, the report found.
“We need leadership from Congress to ensure long-term, sustainable funding for transportation, and from leaders at every level to ensure that as we build and operate the clean energy and transportation infrastructure and technology of the future, we also rebuild good family-supporting jobs and prosperous communities,” said Kimberly Glas, executive director of the BlueGreen Alliance, a coalition of unions and environmental groups.
Congress has until May to find a funding solution for transportation infrastructure.
The report’s authors said short-term funding bills hamper hiring and fail to give investors and companies confidence to expand plants. Both Glas and Learner said a long-term infrastructure investment would provide these companies with certainty for the future.
Although there are a few months until the deadline, Glas said she and others would have “boots on the ground” at the Capitol and in congressional districts that are affected by infrastructure funding.
“Congress can and should come together and get something done here, and get it done in way that’s robust for creating jobs, growing our economy, investing in passenger rail and transit rail that helps our environment, helps mobility, reduces congestion and is good for jobs,” said Learner. “It’s up to Congress now to get that done.”
The BlueGreen Alliance and the Environmental Law & Policy Center (ELPC) on Jan. 30 released a groundbreaking new report illustrating the breadth of the U.S. transit and passenger rail manufacturing footprint, showing businesses and jobs nationwide that are being sustained by state and federal investments in rail and transit. The report — Passenger Rail and Transit Rail Manufacturing in the U.S. — found more than 750 companies in at least 39 states that manufacture transit and passenger railcars, locomotives and their components and related materials and equipment today.
The groups said the report shows that there is a powerful opportunity to grow transit and passenger rail manufacturing nationwide, but argued that success depends on leadership from Congress to make the long-term investments in rail and transit that are key to sustaining a strong and globally competitive industry.
“This report underscores that investing in the transportation systems we need for a strong, prosperous economy, is also critical to rebuild good manufacturing jobs all across the country—in communities both nearby and far from the transit and rail systems themselves” said Kim Glas, executive director of the BlueGreen Alliance. “We need leadership from Congress to ensure long-term, sustainable funding for transportation, and from leaders at every level to ensure that as we build and operate the clean energy and transportation infrastructure and technology of the future, we also rebuild good family supporting jobs and prosperous communities.”