Notes from ELPC's President

Statement from Howard Learner: Separating the Chicago Area Waterway System is an Important Step to Protect the Great Lakes’ Ecology and Economy

Tuesday, January 31, 2012

Today, the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative released its Chicago Area Waterways Study (CAWS), which offers recommended action steps to protect the Great Lakes from Asian carp and other invasive species. ELPC Executive Director Howard Learner released this statement about the study and its recommendations.

“Separating the Great Lakes from the Mississippi River Basin is a key step to protect both the ecological and economic value of the Great Lakes. More than 30 million people live in the Great Lakes Basin and rely on its abundance of freshwater, which is under increasing threat from Asian carp and other invasive species. The release of this important study and action framework today advances important Great Lakes values.

“The Study shows that strong and effective action is needed sooner than later to protect Lake Michigan and the other Great Lakes. We have to get this right from the start. There are no do-over ‘Mulligans’ if invasive species get into our Great Lakes.”

Mr. Learner served as a member of the Advisory Committee for the Chicago Area Waterways Study project.

Good News — ELPC Recognized in Media as among “The 10 Highest-Rated Charities in America: 2011″

Thursday, January 12, 2012

We’re proud. Based on ELPC’s Charity Navigator score on financial strength and management, ELPC is being recognized in the media as among “The 10 Highest-Rated Charities in America: 2011.”

Please see the articles on MSN Money and Main Street.

ELPC is the only environmental group and the only advocacy group on this list. Moreover, as my colleague Jill Geiger points out, ELPC is the only listed group, which is located between the coasts.

Good news for us all at ELPC.

Best wishes,

Howard

Making A Difference: Mercury Pollution Reduction Standards Protect Children’s Health and the Great Lakes

Sunday, January 1, 2012

As we begin a new year, let’s recognize a terrific long-delayed success finalized at the end of 2011.

On December 21st, the US EPA announced the first-ever national standards to reduce mercury, arsenic, cadmium and other toxic air pollutants from coal plants by requiring installation of modern pollution control equipment. These standards make good economic and environmental sense. They were required by the Clean Air Act more than 20 years ago and level the playing field for Illinois energy companies that have already invested in mercury pollution control technologies. The national investments will create jobs, achieve cleaner air and water, drive technological innovations and protect children’s health.

Coal plants are the largest source of mercury pollution in the Great Lakes. Public health officials have issued “mercury advisories” for almost every river, lake and stream in the Great Lakes states. Sad, isn’t it? It’s not safe to eat the fish we catch.

Mercury is a neurotoxin that, when ingested by pregnant women, enters the bloodstream, crosses the placental barrier and impairs fetal brain development, thereby causing mental and physical harms. Installing widely available pollution control technologies can reduce more than 90 percent of the mercury pollution that is harming both children’s health and our environment.

In 2006, the Illinois Pollution Control Board adopted mercury pollution standards, which required all coal plants to install technologies to reduce mercury pollution by 90% or more by 2009 and 2013. Some coal plant owners made the same overblown arguments about reliability threats and costs that we’re hearing today at the Federal level. What happened in Illinois? The coal plants mostly complied, mercury pollution dropped significantly, the lights stayed on, and utility rates didn’t go up from that. Our children’s health is better protected.

Illinois is demonstrating that the federal mercury standards are achievable, but some out-of-state coal plant owners and their Congressional allies are already moving to weaken the new standards.

Both Sen. Dick Durbin and Sen. Mark Kirk have long expressed their support for strong mercury pollution reduction standards. Senator Kirk wrote in 2003: “We are at risk and our children are at greater risk if we do nothing to reduce mercury pollution. This may become a defining issue of our decade, and we have the chance to make a real difference for our environmental future.”

Illinois coal plant owners are stepping up to clean up mercury, and they shouldn’t be placed at a competitive disadvantage by others who don’t and continue their mercury pollution.

We urge Senator Durbin, Senator Kirk and Illinois’ Congressional Representatives to strongly oppose those who would take the country backwards. Let’s move forward with these common-sense national mercury pollution reduction standards to protect children’s health and our Great Lakes and rivers for all.

Best wishes to ELPC’s valued friends, colleagues and supporters for a successful 2012,

Howard

2011: Achieving ELPC’s Mission & Vision

Friday, December 16, 2011

This is both a remarkable and challenging year for our nation’s economy and for the Environmental Law & Policy Center’s work to protect our environment, preserve the Midwest’s natural heritage and grow the clean energy economy.  During this time of extreme political partisanship and economic doldrums, ELPC has produced strong successes and strong results.

We have achieved a fundamental victory toward cleaning up the Chicago River for recreational use and enjoyment, as a vibrant natural habitat and as a community asset.  High-speed rail development is moving from vision to reality, transforming the Midwest’s transportation infrastructure.  Energy efficiency is becoming widely accepted as a smart way of doing business and the best, fastest and cheapest way of saving consumers money on utility bills, reducing pollution and enhancing grid reliability.  Wind power and solar power are the fastest growing energy sources in the world, creating jobs and spurring business.  ELPC advances win-win-win solutions that achieve environmental progress, job creation and economic growth together.

I am writing to ask you to make a financial contribution to ELPC during this holiday season. ELPC combines strong legal and policy advocacy with diverse eco-business partnerships to advance our core vision and mission of achieving environmental progress and economic development together.  This is the right environmental solutions-oriented approach for our times.

Cleaning Up the Chicago River – A Turning Point! For years, Chicagoans have sadly tolerated our namesake river being unsafe and unhealthy for recreation and enjoyment.  Chicago is one of the very few major cities in which wastewater is not disinfected prior to discharge into the river.  ELPC’s and our colleagues’ persistent and effective advocacy over the past six years succeeded in 2011.  The U.S. EPA and the Illinois Pollution Control Board directed the Metropolitan Water Reclamation District to install modern pollution control equipment to disinfect wastewater and the District has changed course and so committed.  Twenty years from now, Chicagoans enjoying the Chicago River in their communities will look back, shake their heads and ask why it took so long to clean up our river. 2011 will be seen as the turning point. ELPC and our colleagues at Friends of the Chicago River, Openlands, NRDC, Sierra Club and Alliance for the Great Lakes are very proud of this breakthrough.

Cleaner Air and More Clean Energy. ELPC’s Repowering the Midwest and Job Jolt studies in 2000 and 2001 presented a visionary clean energy development plan for our region.  We are now achieving this transformation.  More than 6,000 megawatts of wind power are running, solar is coming and energy efficiency is flattening out demand while old highly-polluting coal plants are either installing modern pollution control equipment or shutting down.  The growing clean energy economy is “jolting” new job creation, and old-line manufacturers are retooling to make new wind and solar energy equipment.  ELPC is leading the policy charge for this transformative change to a cleaner energy economy.

Midwest High-Speed Rail – From Vision to Reality. Thousands of construction workers are now working to upgrade the Chicago-St. Louis and Chicago-Detroit corridors to provide modern, faster, more comfortable and convenient rail service that can improve mobility for businesses and families, reduce pollution, create new jobs and pull the regional economy together.  ELPC, the Chambers of Commerce in Illinois and the AFL-CIO are all on the same page, working together to get the new fast trains running soon.  Get ready to get on board!

Protecting the Saugatuck Dunes Conservation Area. ELPC attorneys’ representation of the Saugatuck Dunes Coastal Alliance and other local conservation and civic leaders achieved a huge legal victory in the Federal District Court for the Western District of Michigan that is heading off, for now, a damaging large-scale development in this very special natural area that the National Trust for Historic Preservation identified as one of the 11 most endangered places in America. This legal victory exemplifies the importance and effectiveness of ELPC’s public interest lawyering and opens the door to better solutions that protect vital lands.

How do we keep producing successes that improve environmental quality and preserve natural resources?  There’s no “secret sauce,” but there is a winning formula.  ELPC achieves successes by developing smart, innovative strategies with a team of talented and dedicated public interest attorneys, MBAs, policy advocates and communications specialists working with diverse and effective business, labor, environmental and civic partners.  Our win-win-win – environmental progress, job creation and economic growth – approach makes sense, focuses on solutions and brings together the people and partners who can get things done.  Together with ELPC’s Board and Staff, I’m proud of our 2011 accomplishments, and we all look forward to seizing more strategic opportunities for environmental solutions and progress.

ELPC is the Midwest’s premier environmental legal advocacy and eco-business innovation organization, and we’re among the very best in the country. Thank you for considering a contribution to support our success in protecting the Midwest’s environmental quality and preserving our natural resources. My best wishes to you for a happy and healthy new year.

New National Air Pollution Standards Will Create a Healthier Nation and a Stronger Economy

Thursday, July 7, 2011

Statement by Howard A. Learner, Executive Director,
Environmental Law & Policy Center

“Preventing just one death is heroic, and EPA’s new pollution reduction standards do even better by preventing tens of thousands of premature deaths and heart attacks and avoiding hundreds of thousands of illnesses.

Reducing soot and smog can alleviate asthma and help people’s health in ways that make good economic sense.  The EPA’s Cross State Pollution Rule will generate up to $290 billion in annual health and welfare benefits, which greatly exceeds the pollution clean-up costs.

These long overdue clean air standards will create new jobs as utilities hire skilled workers to install modern pollution control equipment and replace the oldest, most highly polluting coal plants with cleaner new energy sources.

Today, we celebrate the beginning of a healthier nation and a stronger economy by reducing air pollution that has been both harming our health and draining our wallets.”

Read US EPA’s final cross-state air pollution rule here: http://www.epa.gov/crossstaterule/

Download ELPC’s mercury report here.

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The Environmental Law & Policy Center is the Midwest’s leading environmental legal advocacy and eco-business innovation organization. www.ELPC.org

Post-Election Strategies for Midwest Progress

Tuesday, April 12, 2011

Many pundits have reduced the November 2010 election results to quick generalized sound bites reflecting the noisiest politicians, but the impacts on environmental and transportation issues are more complicated. Most of the elected Midwest Governors are reasonably pragmatic and open-minded when it comes to renewable energy, energy efficiency, natural resources preservation and high-speed rail development. However, there is little federal support for climate change action or movement on the Midwest Governors’ Association’s climate initiatives.

All of this is playing out in the face of four broad, contradictory contexts:

  • First, unprecedented state budget crises and federal funding cuts that severely constrain environmental protection actions and services by responsible public agencies.
  • Second, high unemployment and a public focused on jobs – we need to make “green jobs” real to people by showing where they are growing in their communities.
  • Third, extraordinarily poisonous partisan, ideological politics.
  • Fourth, strong public support for policies and programs to achieve clean air and water, better transportation, and a healthier, less toxic environment.

So, let’s look at what happened and the opportunities and challenges for progress.

The Midwest Governors’ races produced diverse results. Governor Pat Quinn (D- IL) is a leader on clean energy and high-speed rail, and Governor Mark Dayton (D-MN) has a strong environmental record. Governor Terry Branstad (R-IA) is a pragmatic supporter on some renewable energy and environmental issues, and Governor Rick Snyder’s (R-MI) technology interests should lead to continued initiatives (though focused differently) to spur solar energy, advanced battery manufacturing technologies and high-speed rail development, building on Michigan’s progress during the Granholm Administration.

On the other hand, Governor Scott Walker(R-WI) is an ideological opponent of most things environmental, and Governor John Kasich (R-Ohio) has not been supportive. We expect little support from North Dakota Governor Jack Dalrymple (R), but hope to continue working well with South Dakota Governor Dennis Daugaard (R) who supports wind power development policies.

All of the Midwest/Great Plains Governors, except for Indiana Governor Daniels, are newly elected. Many have little experience with the state renewable energy standards (RES) and energy efficiency performance standards (EEPS) that have been working well. Additionally, they haven’t been part of the Midwest Governors’ collaborative work on regional high-speed rail and Great Lakes restoration. They are appointing new senior energy and environmental staff and new EPA Directors and Public Utilities Commission (PUC) Chairs. The clean energy and environmental/public health advocacy community should help to re-build the institutional understanding for the new appointees so that ground gained during the last few years isn’t lost.

State Legislatures have shifted. Republicans’ control both the State Senate and House in all of the states, except in Illinois where Democrats retained their Senate and House majorities and in Iowa where Democrats held their State Senate majority. In both Michigan and Iowa, the Republican state legislators may constrain Governor Snyder’s and Branstad’s abilities to advance clean energy and environmental programs. On the other hand, Illinois presents opportunities for environmental and clean energy leadership.

Overall, the Republican shifts in the Governors’ offices and State Legislatures will affect the remaps of both Congressional and state legislative districts going into the November 2012 elections.

The Congressional elections were swept by Republicans across much of the Midwest. Republicans captured all contested U.S. Senate seats in Illinois, Indiana, Ohio, North Dakota and Wisconsin, and defeated many incumbent Democratic Congressmen.  The defeat of U.S. House Transportation Committee Chair James Oberstar (D-MN) is a significant loss for high-speed rail advocates. Most of the newly-elected Republicans are not environmental supporters and some are very hostile, especially on climate change legislation. Senator Mark Kirk (R-IL) may prove to be an exception based on his Congressional record for protecting the Great Lakes and advancing renewable energy and high-speed rail. We may gain support from Senator Rob Portman (R-OH) on energy efficiency and clean water issues. Some newly-elected Republicans (e.g., Illinois’ Robert Dold and Joe Walsh) were elected in districts that have strong pro-environment constituencies, and they will seriously hamstring their 2012 re-election efforts if they continue voting so negatively.

Our biggest challenges are: (1) State budget crises that will severely limit environmental agencies’ capacity to implement and enforce the Clean Air Act, Clean Water Act and other environmental laws; (2) Unprecedented ideological opposition to environmental progress among too many state legislators across the Midwest; and (3) The public’s focus on job creation and retention rather than environmental and other quality of life issues. 

There are, however, opportunities for environmentalists, clean energy and clean transportation advocates to play offense, not just defense. We must be more creative in targeting specific strategic opportunities. Lately, I’ve been describing our approach as akin to the Clue board game:  “matching Colonel Mustard in the library with the pipe wrench.”  In other words, pick the right issues with the right coalition partners as joint messengers in the right places.

1. High-speed rail development can be a winner even though it’s situated differently among the Midwest states with some Democratic rail champions (Quinn and Dayton) and some Republican rail opponents (Kasich and Walker). Governors Walker and Kasich returned billions in federal high-speed rail funds. We must challenge these Governors for losing local jobs and stunting economic growth to score partisan political points. (This advocacy is now beginning to have an impact:  Governor Walker is now applying for federal high-speed rail grant funds for the Chicago-Milwaukee corridor.) 

Illinois and Minnesota strongly support high-speed rail development, and our public advocacy is vitally important to keep Iowa and Michigan “on track” with their states’ high-speed rail projects.

The public wants modern and convenient passenger rail service that can improve mobility, reduce pollution, create jobs and spur economic growth. High-speed rail is President Obama’s and Secretary LaHood’s #1 transportation priority. Though it won’t be easy, we can win and advance this structural transformation of the Midwest’s transportation system.

2. Energy efficiency makes sense to many state policymakers on both sides of the aisle. In tight economic times, energy efficiency saves money for residential and business consumers, reduces pollution, improves reliability and creates jobs. It’s a winner when explained in practical terms, and we can show how investments in Energy Efficiency Performance Standards and other programs have produced economic benefits and will keep improving over the next decade.

3. Wind and solar power have strong public support at the state level, and policymakers on both sides of the aisle recognize the job creation and economic growth benefits.  The RESs in Illinois, Michigan, Minnesota, Ohio and Wisconsin are self-ratcheting measures that increase development, and major wind power developments are also going forward in Indiana, Iowa and the Dakotas. We must continue to overcome barriers to moving RESs forward and make the case for job growth and economic development in granular, in-the-district terms. As more projects are developed and more manufacturers build supply-chain equipment, more legislators will see the jobs, jobs, jobs benefits in their districts.

4. Challenges to force the clean up or shut down of old coal plants will likely benefit from less state funds available for various publicly-subsidized retrofitting schemes that keep arising and less willingness among PUCs to approve rate hikes in the current economy.

5. Federal budget cutbacks and state budget crises will limit new, unaffordable, sprawl-inducing highway projects, just as budget cuts hamper many important environmental and conservation programs.

6. In Iowa, Republican Governor Branstad defeated Democrat Culver by 10%, while the Iowa Water and Land Legacy Amendment ballot measure won 63% – 37%. That means at least 40% of Iowa’s Republican voters for Branstad also voted for a new trust fund for clean water and natural resources protection. This strong voter support creates an opportunity to leverage clean water and land conservation policy action by Governor Branstad and state legislators and has sent an important message heard in Illinois and Indiana, among others.

There are major challenges and some significant opportunities for progress. We are moving on both paths with our colleagues and diverse potential allies. Although many new legislators have spoken out against climate change legislation, many have expressed support for renewable energy development, conservation values and high-speed rail development. We believe there will continue to be opportunities to work with the Governors, state legislators and the Congressional delegations to advance key components of our clean energy and smart transportation policy agendas. Let’s go forward and win!

Florida Governor Scott Puts Short-Sighted Partisan Politics Above People’s Transportation Need and Job Creation

Friday, February 18, 2011

This week, Florida Governor Rick Scott rejected $2.4 billion in federal funds to build a modern passenger rail line between Orlando and Tampa that would have created jobs and supercharged Florida’s tourism industry. Instead, he placed short-sighted partisan politics above people’s transportation needs and job creation. Governor Scott’s apparent motivations were reflected in his partisan statements criticizing President Obama.

Americans want modern, fast and better rail service that can improve mobility, reduce pollution, create jobs and spur economic growth. Polling shows that high-speed rail support is not limited to people in so-called “red” states or “blue” states.  People want better transportation options.  According to a recent Rockefeller Foundation survey, 80 percent of those polled agree that federal investment to improve and modernize transportation “will boost local economies and create millions of jobs from construction to engineering.”

Scott’s ridership math is misleading and uninformed.  He attempts to justify his ridership skepticism by saying that “only” 3.2 million people ride the Northeast’s Acela trains, but ignores the other 7.6 million passengers who take the slower, but less expensive, Northeast Regional trains in the same corridor.  Together, these trains serve more passengers than all airlines combined in these markets.

Scott has cost us thousands of jobs and billions in economic development at a time when people are hurting.  He has prioritized scoring partisan political points against the President over gaining job creation and better transportation options for many people.  The American public deserves better, especially in these challenging times.

President Obama’s Proposed Investments in Clean Energy and Rail Infrastructure Will Create Green Jobs and Economic Growth in the Midwest

Wednesday, January 26, 2011

STATEMENT OF HOWARD A. LEARNER, Executive Director
Environmental Law & Policy Center

“Americans do believe that environmental progress can be achieved together with job creation and economic growth. President Obama’s address identified Midwestern clean energy and high-speed rail development projects where this is already happening.

Hundreds of old-line Rust Belt manufacturers are retooling to produce equipment for the growing clean energy economy, as shown by the Environmental Law & Policy Center’s recent reports.  Federal investments in renewable energy are spurring job growth and revitalizing the Midwest manufacturing sector.  The Michigan solar company highlighted in the President’s speech is a good example.  After decades of decline, America’s clean energy industry is creating new manufacturing jobs and making us more globally competitive.

We can’t build a 21st century economy with a 19th century transportation infrastructure. In Illinois and Michigan, federal investments in high-speed rail are creating construction and supply chain jobs today that will improve and expand transportation options tomorrow.  Modern, fast, comfortable and convenient rail development will improve mobility, reduce pollution, create new jobs and spur economic growth.

The President’s clean energy and high-speed rail proposals are investments in America’s future.  Here, in the Midwest Heartland, let’s seize these opportunities to strengthen our economy, create jobs and improve our environment in ways that make good sense and make our nation more competitive.”

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Wednesday, December 8, 2010

Dear Friends,

This has been both a remarkable and challenging year for our nation’s political durability, our economy and the Environmental Law & Policy Center’s (ELPC) work to protect our environment, preserve the Midwest’s natural heritage and grow the green economy. ELPC is promoting win-win-win solutions for environmental progress, job creation and economic development. We are achieving remarkable progress in these challenging 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 governors on both sides of the partisan divide.

ELPC has achieved banner successes over the past year. Clean water, clean air and natural resources protection litigation victories in Illinois, Iowa, Michigan, Minnesota and Wisconsin. Breakthrough energy efficiency and renewable energy development policies in Illinois, Indiana Iowa, Michigan, Ohio and South Dakota.

Overall, there are three game-changing policy shifts: (1) Clean renewable energy development and energy efficiency strategies and technologies have moved from hope and vision to a central driving mission to achieve the win-win-win of job creation, economic growth and environmental quality benefits; (2) High-speed rail development has moved from ELPC’s and a few others’ vision to be the President’s “#1 transportation priority” with major federal funding; but (3) The previously growing bipartisan Congressional and state movements to achieve climate change solutions have broken down into partisan battling and regional divisiveness.

The clean energy and high-speed rail development shifts represent strategic opportunities that ELPC must seize. Carpe diem! Scientists make clear that climate change is occurring; we can’t just “push the pause button” on smart advocacy until the economy and political climate improve.

  • High-Speed Rail Development – Huge Success: ELPC’s long-time leadership led to dramatic breakthroughs in 2010. The Federal Railroad Administration made $10.5 billion in grants to jumpstart high-speed rail development nationally. The Midwest High-Speed Rail Network received $3 billion to advance 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.High-speed rail development is viewed very differently by the new Midwest Governors: Two Democratic champions (Pat Quinn–Ill. and Mark Dayton–Minn.), two Republican opponents (John Kasich–Ohio and Scott Walker–Wisc.) and two Republicans proponents (Terry Branstad–Iowa and Rick Snyder–Mich.). We hope as the detractors transition from campaigning to governing that their views will evolve as they face losing jobs and returning hundreds of millions of dollars of grant funds to the Federal Railroad Administration. U.S. Secretary of Transportation Ray LaHood made clear that states cannot transfer and use rail funds for highways.

    Illinois, Michigan and, hopefully, Iowa appear ready to go for the jobs and to request re-allocated high-speed rail funds to support even better Chicago–St. Louis, Chicago–Detroit and Chicago–Des Moines development as the initial backbone for the Midwest network. Challenge coming in 2011: Gain high-speed rail funding in the federal transportation reauthorization legislation.

  • 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 sadly stuck in Congress’ partisan quagmire. ELPC and our colleagues are calling on Congress to not impede the U.S. EPA from exercising its legal responsibility to reduce carbon dioxide and other harmful pollution. It’s time for solutions now.
  • Solar Power – Big Opportunity: Solar photovoltaic panel prices are low due to excess global supply, and the technology is rapidly improving. The Midwest is not Arizona, but Chicago has more solar intensity than Berlin and Tokyo, which are among the world’s leading solar markets. ELPC is advancing pro-solar policies throughout the Midwest states to capture environmental benefits and create new green jobs. Solar can play a key role in meeting peak demand with clean energy.

ELPC is the Midwest’s premier environmental legal advocacy and eco-business innovation organization, and we’re among the very best in the country. Thank you for considering a contribution to support our success in protecting the Midwest’s environmental quality and preserving our natural resources. My best wishes to you for a happy and healthy new year.

Sincerely,

Howard A. Learner
Executive Director

ELPC Mourns the Loss of Charlie Kubert

Friday, September 10, 2010

We mourn the passing of our former colleague, Charlie Kubert. Charlie was passionately committed to developing cleaner renewable energy and energy efficiency to improve our environment and benefit everybody. He worked to make the world a better place, and we will all miss him and the fine work he would have continued to do had he had the chance to live longer. All of our best wishes to his family.