Monday, December 7, 2009
“We commend US EPA Administrator Jackson and the Obama Administration for today’s endangerment finding. Sound science makes it clear that greenhouse gas pollution is endangering our public health.
“We now call for the EPA to implement strong and fair standards that will reduce global warming pollution if Congress does not step up with legislation. Implementing effective global warming solutions, such as energy efficiency and renewable energy development and high-speed rail development can create job growth, spur economic development, and help to solve our global warming problems.”
- Statement from Howard Learner, Executive Director, Environmental Law & Policy Center
Monday, November 30, 2009
Dear ELPC Friends and Supporters,
This has been both a remarkable and challenging year for our nation’s economy, for our planet, and for the Environmental Law & Policy Center’s work to protect our environment, preserve the Midwest’s natural heritage and grow the green economy. High-speed rail development is moving from vision to reality, transforming our transportation infrastructure. Energy efficiency is becoming widely accepted as a smart way of doing business and the best, fastest and cheapest way of reducing global warming pollution. Wind power is the fastest growing energy source in the world. Solar power is coming of age. Great Lakes ecological restoration is finally receiving key federal funding.
ELPC is promoting these win-win-win solutions for environmental progress, job creation and economic development. We are achieving remarkable progress in these challenging financial times.
I am writing to ask you to make a financial contribution to ELPC during this holiday season. ELPC combines strong legal advocacy with a core belief that we can achieve environmental progress and economic development together – the right approach for our times. ELPC’s pioneering “green economy” vision has become a defining policy driver for the Obama Administration and others.
ELPC has achieved banner successes over the past year. Clean water, clean air and forest protection litigation victories in Illinois, Michigan, Kentucky and Wisconsin. Breakthrough energy efficiency and renewable energy development policies in Illinois, Iowa, Michigan, Ohio and South Dakota. ELPC led the national campaign to further improve the innovative Farm Bill clean energy development programs, which are focused on family farms and rural small businesses in Iowa, Minnesota, Indiana and Wisconsin. ELPC staff is coordinating and catalyzing new coalitions of farm groups, outdoor recreation groups, clean energy businesses and environmental organizations focused on climate change solutions in Iowa, North Dakota and South Dakota, and we have organized more than 200 Michigan scientists who are urging their Congressional delegation to act.
Please see ELPC’s 2009 brochure for discussions of our program successes in 2009. Here are highlights of one major success, two challenges and a major opportunity for 2010 progress.
High-Speed Rail Development – Huge Success: ELPC’s long-time leadership led to dramatic breakthroughs in 2009. President Obama identified high-speed rail as his #1 transportation priority. Congress is appropriating more than $10 billion as a “downpayment” to jumpstart high-speed rail development. The House Transportation and Infrastructure Committee is proposing $50 billion more over a five-year period. ELPC joined eight Midwest Governors and Mayor Daley as they signed a Memorandum of Understanding to jointly plan, prioritize and coordinate development of the Midwest High-Speed Rail Network – modern, fast, comfortable and convenient trains connecting Chicago and the 11 major cities within a 400-mile radius. The impacts: improved mobility, less pollution, more jobs and greater economic growth by better connecting our region and pulling jobs, people and business into the downtowns. High-speed rail is the much-needed cleaner “third option” that will transform our national and regional transportation systems.
Federal Climate Change Solutions Legislation – Huge Challenge: Solving our global warming problems is the moral, business, economic, policy, political and technological challenge of our generation. As a global leader, the United States must step up and lead. The federal climate change legislation is stuck in a Senate quagmire. We are achieving progress on energy efficiency and renewable energy solutions, but the cap on carbon pollution is necessary. The world’s leading climate scientists compellingly explain why we must act now. We can’t just “push the pause button” and wait until the economy improves to reduce global warming pollution. ELPC and our colleagues are calling on Congress to act soon; if not, then the U.S. EPA must exercise its statutory responsibility to reduce CO2 and other harmful pollution. It’s time for solutions.
Safe and Clean Water – Big Challenge: The Clean Water Act’s goal that all lakes and rivers be “fishable and swimmable” is far from being achieved. Moreover, there are too many troubling stories of contaminated drinking water supplies that harm public health. It’s time for industries to reduce pollution and for federal and state environmental protection agencies to implement and enforce the laws. ELPC is bringing together medical and public health experts, children’s advocacy groups and environmental groups to enforce the laws and advance solutions. No more excuses.
Solar Power – Big Opportunity: Solar photovoltaic panel prices are very low due to excess global supply, and there are now lush federal and state incentives for solar power. The Midwest is not Arizona, but Illinois has more solar intensity than Germany and Japan, which are leading solar markets. ELPC is advancing pro-solar policies that can capture environmental benefits and create new green jobs.
ELPC is the Midwest’s premier environmental legal advocacy and eco-business innovation organization, and we’re among the very best in the country. Please consider making a contribution to support our success in protecting the Midwest’s environmental quality and preserving our natural resources. Click here to make a donation online. My best wishes to you for a happy and healthy new year.
Sincerely,
Howard A. Learner
Executive Director
Good News: ELPC received the independent Charity Navigator’s highest rating for the third year in a row – only 12% of charities achieve this success. ELPC is a sound investment. Please see www.elpc.org/financials for more information about our strong fiscal status. To make an online contribution, please visit ELPC’s secure donation site. We appreciate your support that helps enable ELPC’s successes!
Sunday, October 25, 2009
By: Howard A. Learner
Executive Director, Environmental Law & Policy Center
The confluence of multiple economic and policy factors creates a huge strategic opportunity to advance solar power installations in the Midwest. This window of opportunity will likely be open for about two years while solar photovoltaic (PV) module prices are very low due to excess global supply. Soon after, hoped-for technology curve improvements will reduce module costs and key policy drivers, such as Illinois’ solar procurement legislation, will kick in. Here are the combined factors that are driving today’s solar PV opportunities:
Þ Solar PV module prices have come down to $3 per watt, or less, due to the excess supply in global markets. For several years, solar-friendly policies in Germany, Spain and other countries drove new global manufacturing plant investments to ramp up supply for the expected markets. Germany and Spain shifted their subsidy policies – designed to catalyze markets, not support mature markets – just as ramped up manufacturing came on line. The current excess supply has driven down solar PV panel prices to the lowest level in years.
Þ Solar will find a niche supplying peak power in Midwest electricity markets. Solar is available at peak times when regional power market prices are highest. As the Midwest power market has transformed from vertically-integrated utilities to a wholesale market dominated more by merchant generators and power auction-type processes, prices for generation are increasingly reflect time-of-day and time-of-year. In short, solar energy matches well at pricey peak demand times.
Þ Fairly lush federal subsidies for solar energy through the Investment Tax Credit, loan guarantees and various other tax credits and grants are making a difference. Recent federal energy legislation and the economic stimulus package provide significant price support and investment value for solar projects.
Þ Federal and state policy support for solar energy is making a difference. For example, the Illinois RPS “solar carve-out” in the state’s renewable energy procurement standard will drive a new market for 700 MW – 750 MW of solar power supply in 2015. Net metering standards and interconnection standards in several Midwest states are creating more favorable pricing for distributed solar-generated power. Expanding net metering policies to cover larger projects will boost solar even more.
Þ Solar development is finding a sweet spot with 10 MW – 20 MW projects on former industrial sites with nearby substations. These projects are large enough to achieve economies of scale on module purchases and installation costs. Locating systems on older industrial sites provides ready low-cost access to transmission substations in open areas with little blockages to sunlight. In some cases, brownfield redevelopment, recovery bonds and other tax credits and subsidies are available. In addition to SunPower’s 10 MW solar project on the old U.S. Steel site on the South Side of Chicago, there are at least three more developers seeking to move forward with 10 MW – 20 MW solar projects in Illinois. These solar projects are big enough to obtain economies of scale, but small enough to fit onto the transmission grid as well as provide grid support when needed most.
Þ Skilled electrical and other workers are available in the current economic downturn for solar installation “green jobs.” With the 10 MW – 20 MW projects, there is enough volume to bring down the per panel installation costs and, thereby, improve the overall economic robustness of projects. Moreover, in some cases, various federal and state job creation grants, subsidies and credits are available, as are federal job training programs directed to new “green jobs.” Because of the excess worldwide manufacturing capacity, the solar green jobs opportunities are predominantly installation jobs, rather than new manufacturing jobs in the Midwest. The International Brotherhood of Electrical Workers is (re-) training new skilled solar installers at facilities in Illinois, Indiana and other states.
Þ Solar intensity in the Midwest is better than that of both Germany and Japan, the world’s largest solar markets. All right, Illinois and Nebraska are not the same as Arizona and Nevada, but there are some good solar sites here.
Þ New state policies can provide continued support for solar expansion as module prices increase after about two years when there is less excess supply. The Environmental Law & Policy Center and our colleagues are advocating a new ramp-up in 2010 – 2014 prior to the 700 MW – 750 MW Renewable Energy Portfolio Standard (RPS) solar carve out now set to begin in Illinois in 2015. We are working on feed-in tariff models in Michigan and with colleagues in Iowa to improve the state’s net metering policies. As Wisconsin considers boosting its RPS in 2010, there may also be opportunities to include solar provisions. We have a two-year window of opportunity to gain solar policy improvements as the unusually low module prices, combined with federal economic stimulus incentives, can drive significant new development.
Solar PV is primed for take-off in the Midwest, and especially in Illinois. Let’s seize these strategic opportunities and move forward with solar power development that creates new jobs, spurs economic growth and helps to solve our global warming pollution problems.
Howard A. Learner is the executive director of the Environmental Law and Policy Center, the Midwest’s leading environmental and economic development advocacy organization. www.elpc.org and www.globalwarmingsolutions.org
Wednesday, August 5, 2009
The world has changed. Just a few years ago, many people thought that high-speed rail development here was just a dream. Now, it’s moving to reality. President Obama has made high-speed rail development his #1 national transportation priority, akin to President Eisenhower leading the build out of our interstate highway system. The Midwest Governors and Mayor Daley are moving today to build out the Midwest high-speed rail system.
This is a structural transformation of our transportation system. This is about improving mobility with a modern, fast, comfortable and convenient transportation option for everyone. This is about creating jobs. This is about economic growth and pulling together the regional economy. This is about protecting our environment – less pollution, cleaner fuels, reducing congestion, and counteracting sprawl by pulling jobs, people and businesses downtown into our central cities.
In addition to the $8 billion in federal economic stimulus funding, the President has now proposed an additional $1 billion of appropriations in his budget this year. However, this is not just President Obama’s initiative. The House of Representatives is voting to quadruple that annual appropriations to $4 billion.
Let’s be clear: what happens here in the Midwest is key to the nation’s rail future. All eyes will be on the home region of President Obama, Chief of Staff Emanuel, Secretary LaHood, and Federal Railroad Administrator Szabo and Amtrak Chair Carper. Critics will look for proof that this is just hometown pork. They will search for a railroad bridge to nowhere. And if they find one, the support we’ve gotten overnight could evaporate just as quickly.
That’s why what is good for the Midwest is good for high-speed rail and the nation. Making the Midwest high-speed rail development work well is the key to securing our nation’s high-speed rail investment future. Here’s how we can make it work best:
- First, in the words of Senator Durbin and FRA Administrator Joe Szabo, we need “one region – one voice.” We should support a regional vision of a vibrant Midwest tied together by high-speed rail connection. By coming together today at this summit, the Midwest Governors and Mayor Daley have taken this critical first step. The rest of us in this room need to support this vision and this cooperation. We should praise Governors Culver and Doyle for helping bring high-speed rail to Illinois as well as to Iowa and Wisconsin; Governor Daniels for supporting better service for Michigan and Illinois, as well as for Indiana; Governor Strickland for supporting the initial three Chicago–Detroit, Chicago–St. Louis and Chicago–Milwaukee–Madison corridors, which, we hope, Ohio’s 3-C corridor will then soon join; and Governor Pawlenty for supporting investments in Wisconsin that will connect to both Minnesota and Illinois.
- Second, let’s not let perfection stand in the way of progress. Our vision is for 3,000 miles of passenger rail serving 65 million people in nine Midwest states. With a vision this ambitious and complex, there are sure to be details that are less than perfect. Let’s not permit controversies over particular stations, routes or speeds stand in the way of a united front and overall progress.
- Third, everybody knows that sports teams play better before an enthusiastic crowd of hometown fans and supporters. That’s us. Through outreach to our members, our public statements and civic engagement, let’s use our voices to cheer on our Governors and the Congressional delegation. Let’s assure them and the White House that high-speed rail funds invested in the Midwest bring with it political benefits as well as transportation and economic benefits. Senator Durbin said this morning that he and Congressman Oberstar will be forming a bi-partisan Midwest High-Speed Rail Caucus. That makes so much good sense – exactly what we’ve come to expect and respect from Senator Durbin.
- Fourth, as the Federal Railroad Administration’s rules governing this competition for federal funds make clear, this isn’t only about trains. This is about mobility. This is about job creation. This is about economic development, growth and revitalization. This is about livable communities, and less pollution and a better environment. So, as we advance the big vision, let’s also focus on the things that can make these rail investments really succeed. Let’s invest in our train stations, as St. Paul, Milwaukee, Springfield, St. Louis and others are doing. Let’s bolster our transit, bus, taxi and airline connections in Chicago and other cities so that rail stations can serve as truly intermodal hubs of economic activity. Let’s creatively build up vibrant communities around our stations, as Normal, Illinois is doing. Let’s work to rebuild our rail manufacturing industry, as Wisconsin is doing. And let’s expand the market by using cleaner biofuels as Governor Quinn and Governor Culver are suggesting.
Working together, we can create a win-win-win for our region: good for jobs and our economy, good for the environment, and good for people. Let’s get on board together.
Howard Learner presented these remarks at the Midwest Governors’ High-Speed Rail Summit Meeting on July 27, 2009 in Chicago.
Thursday, March 26, 2009
Lake County residents in Illinois will soon consider an advisory referendum for the proposed expansion of the Route 53 tollroad into Lake County. This massive 25-mile tollroad expansion faces the same fundamental problems that have stopped it for years: billions of dollars in construction costs, the limited effectiveness of a massive new north-south tollroad for alleviating west-east traffic congestion, and the harmful environmental impacts of paving over wetlands and more air pollution. There are better, cheaper and environmentally safer alternatives.
First of all, the projected blockbuster construction cost of about $1.5 billion or more for this tollroad expansion is largely unaffordable in today’s economy without raising tolls on the Tri-State Tollway in Lake County and other tollroads. Moreover, that construction cost estimate was made years ago by the Illinois State Toll Highway Authority, and it is likely to go up if and when this tollroad expansion is actually built at some future date. There are good reasons why the Toll Highway Authority itself has eliminated the Route 53 Tollroad expansion from its 10-Year plan.
Second, the success of the new Metra North Central rail line in gaining passengers and other related experiences have shown that better and cheaper transportation management alternatives can work well. Improved passenger rail service, arterial and local road improvements, and transit-oriented development strategies can effectively reduce congestion and promote mobility. Let’s be smart about how to relieve traffic congestion with the best solutions to address the real problems.
Third, the environmental harms of the proposed Route 53 tollroad expansion are substantial. This new tollroad would slash through ecologically rich wetlands and threaten key species habitat in Lake County. The additional tollroad traffic would also produce more harmful air pollution, which threatens our children’s health. The proposed tollroad and related development would also risk making the current Lake County flooding problems worse by paving over wetlands, which absorb rainfall.
The outdated Environmental Impact Statement for the proposed Route 53 tollroad expansion would have to be largely re-done. That key environmental information should precede and inform public debate and engage discussion. The Environmental Law & Policy Center will review any future actions to actually go forward with the proposed Route 53 tollroad expansion in order to assure compliance with environmental and other laws.
Fourth, the asserted need for the Route 53 tollroad expansion was based on housing development and population growth forecasts that assumed a much more robust economy than today’s very challenging economic climate. As we painfully know, there is no housing development boom today. We hope and believe that the economy will greatly improve in the reasonably near future. However, the lessons learned from the housing bubble of the past decade are likely to lead to smarter housing development approaches in the future—we hope.
Let’s be smarter going forward about spending transportation funds wisely in ways that provide real solutions to congestion relief problems and do so in ways that protect our environment and communities’ quality of life. Building the massive Route 53 tollroad expansion is an old approach. It’s time for change with better, cheaper and cleaner transportation alternatives and strategies for Lake County and our region.
Thursday, February 26, 2009
We’re doing handsprings at the ELPC office! The breakthrough $9.3 billion of high-speed rail development funding in the economic stimulus legislation results from the Environmental Law & Policy Center spending years building the coalitions, making the policy, economic and environmental case, and briefing and gaining support from then-Congressional candidate Rahm Emanuel, then-Congressman Dick Durbin and then-Senator and then-Presidential candidate Barack Obama. The long-delayed vision of modern, fast, comfortable and convenient higher-speed rail passenger service linking Midwest cities and structural transportation reform for the nation is now moving forward.
On April 23, 2009, ELPC held a webinar briefing on new developments and funding affecting the Midwest High-Speed Rail Network
See a recorded version of the briefing here
View the slides from the briefing here
Please take a look at the attached ELPC press release, and a recent Politico.com story that underscores how President Obama and Chief of Staff Rahm Emanuel drove forward this new federal high-speed rail development program at the Conference Committee stage of the economic stimulus legislation. ELPC’s investment of time with them over the years has paid off wonderfully for the public and for transportation innovation for the Midwest and the nation.
Read about the benefits of high speed rail.
View ELPC’s map of the proposed Midwest High-Speed Rail Network.
Tuesday, November 18, 2008
ELPC President and Executive Director Howard Learner outlines the public policy changes that the Obama administration and the new Congress should focus on to grow the green economy and create a cleaner environment in this article on the Huffington Post:
“It’s time to gear up to seize the opportunities to advance a greener economy and cleaner environment with the new Administration and new Congress. The Midwest and Great Plains states can become business and economic winners in growing the new green economy… Moreover, when it comes to public policy changes, the nation’s Heartland is also a linchpin to reform…
“…Let’s not kid ourselves; achieving this agenda won’t be easy. Ideological opponents are seizing on our country’s economic crisis as a reason to put off action. But the scientists tell us that we must start now to seriously reduce global warming pollution. We can’t just hit the “pause” button and hold off on corrective actions until the economy gets better. Besides, energy efficiency saves us money, and clean energy solutions can create jobs and grow the green economy.”
Read the full post here.
Monday, October 13, 2008
Let’s face it. America’s economy is bad shape. Some will seize upon the troubled times to argue that we should cut back on investing in clean energy and environmental protection. But that’s the wrong direction both for today and for the future.
For today, energy efficiency makes even more sense in tight financial times. Businesses can’t afford to waste energy and drain their bottom lines from high energy bills, while causing more pollution to our environment. Improving energy efficiency is an investment that can achieve a healthy return. Smart businesses view their energy efficiency investments as a profit-center.
ELPC’s colleagues at the Alliance to Save Energy explain this well. “Industry accounts for one-third of all energy use in the U.S. Energy-intensive industrial plants typically have enormous energy bills, sometimes running into the millions of dollars annually. Energy efficiency improvements offer the potential for a significant return on investment for the industrial energy consumer in the form of lower utility bills, as well as for the public in the form of reduced pollution and energy prices.”
The same is true for improving energy efficiency in our homes. “Investing in a home on your street could be more profitable than investing on Wall Street,” says the energy team at Lawrence Berkeley National Laboratory. These days — no kidding! Energy efficiency lightens the load on our energy bills and bank accounts. It’s a safe and sound investment.
The U.S. is beginning to invest more heavily in clean renewable energy technologies and cleaner, more fuel efficient cars of the future. Let’s invest in the clean wind power and solar technologies of the future and not cede the next generation’s global leadership to other countries. Let’s produce the innovative clean cars here that can get 50 miles per gallon or better and reduce America’s dependence on foreign oil. Let’s gain the green jobs of the future in a carbon-constrained economy, and not cling only to the declining jobs of old-technology cars and trucks with declining sales.
We should invest more in upgrading energy efficiency because it saves us money, creates jobs and avoids pollution today and over the next twenty years. America should invest in achieving technological breakthroughs with solar energy, greater utilization of wind energy, and gaining advances in new, more efficient battery technologies. America should invest in getting more domestically manufactured plug-in electric hybrids and other clean cars on the road as soon as possible. In today’s challenging economic times, these investments are even smarter, more sensible and more necessary going forward.
Friday, September 19, 2008
Clean Water: Thirty-five years after the federal Clean Water Act passed, most Midwestern states still have not adopted all of the water quality standards required by the Act. The consequence: polluted rivers and lakes that harm aquatic life and fail to achieve our quality of life goals. ELPC Senior Attorney Albert Ettinger and Staff Attorneys Jessica Dexter and Brad Klein are achieving slow, but steady, progress in advancing key nutrient, phosphorus and antidegradation standards in Illinois, Indiana, Iowa and Kentucky to help clean up the Mississippi River and its tributaries.
ELPC gained a big victory on September 3rd. The U.S. Court of Appeals for the Sixth Circuit reversed and remanded the U.S. EPA’s approval of Kentucky’s flawed administrative rules in an opinion that will significantly affect state obligations to maintain and protect water quality under the Clean Water Act’s antidegradation policy that is designed to “keep clean waters clean.” ELPC attorneys represented plaintiffs Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association.
In summary, the Court found that the U.S. EPA’s approval was “arbitrary and capricious” because it did not require Kentucky to prove that the multiple exceptions contained in the proposed antidegradation rules would cause only insignificant, or “de minimis,” degradation of the state’s rivers, lakes and streams. Instead, the U.S. EPA merely accepted Kentucky’s unenforceable commitments to protect water quality, even though the plain language of state’s rules gave blanket exemptions to several categories of polluters, including the coal industry.
The Court’s Opinion sends Kentucky’s rules back to the U.S. EPA for further review. Kentucky likely will have to significantly revise and improve its rules in order to comply with the Court’s decision. ELPC’s persistent legal and policy advocacy is important to improve water quality and protect our Midwest natural heritage.
Clean Air: ELPC achieved a second victory on September 12th when the U.S. EPA granted key claims in our petition challenging Kentucky’s issuance of a Clean Air Act permit for Louisville Gas & Electric’s new Trimble 2 coal plant. This plant will emit huge amounts of global warming pollution, as well as mercury, sulfur dioxide and nitrogen oxides. ELPC attorneys Faith Bugel and Meleah Geertsma represent the Sierra Club, Save the Valley and Valley Watch in the challenge.
We argued, and U.S. EPA agreed that, the plant is required to include all periods of operation when setting pollution limits under the Clean Air Act. The air permit must now be rewritten by the state agency to comply with the U.S. EPA’s decision. A new and more stringent permit will result in better air quality, especially for people living near this new coal plant. ELPC will continue to scrutinize the permitting process and bring future challenges to enforce full compliance with Clean Air Act requirements.
One week – two victories for cleaner water and cleaner air in Kentucky.
Kentucky’s pollution of the Ohio River flows affects neighboring Illinois, Indiana, Ohio and downstream Mississippi River states. Likewise, air pollution from coal plants in Kentucky reaches the Great Lakes and people in many surrounding states. ELPC and our local environmental group colleagues and clients are making headway in fighting for clean water and clean air in Kentucky, where more environmental advocacy resources are needed.
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Wednesday, September 17, 2008
The naysayers keep arguing that reducing global warming pollution is too expensive, too hard, will cost too much money and will irreparably harm our economy. But the facts say otherwise, ELPC President and Executive Director Howard Learner argues over at Huffington Post:
“We’ve heard this refrain before. Seat belts supposedly would dramatically increase the costs of cars, make no safety difference and wouldn’t be used by drivers and riders. Catalytic converters supposedly wouldn’t really reduce pollution and would make cars unaffordable. Reducing sulfur dioxide that causes acid rain supposedly would cost electric utilities $2,000 – $3,000 per ton, cause electric rates to skyrocket and not help the environment very much….
“…So when you hear that economic disaster will somehow befall the United States if we step up and act to help solve our global warming problems, think about the facts, the above history, and Americans’ capacity for technological innovation, especially when given the right mix of regulatory and financial market incentives.”
Read the full post here.
