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The House Committee on Energy and Commerce approved a markup of the proposed American Clean Energy and Security Act of 2009 H.R. 2454 today. In a statement released by the committee, committee chair Waxman stated: ” “Today the Committee took decisive and historic action to promote America’s energy security and to create millions of clean energy jobs that will drive our economic recovery and long-term growth.”

The Bill, which still faces several more legislative hurdles, has four main components:

* A clean energy title that promotes renewable sources of energy, carbon capture and sequestration technologies, clean electric vehicles, and the smart grid and electricity transmission.

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In a statement today, the President proposed new CAFE standards to bring about fuel efficiency and reduce emission of Greenhouse Gases. The President stated that through these new rules “we’re seeking to raise fuel-economy standards to an industry average of 35.5 miles per gallon in 2016, an increase of more than eight miles per gallon per vehicle. That’s an unprecedented change, exceeding the demands of Congress and meeting the most stringent requirements sought by many of the environmental advocates represented here today.”

As further noted in an announcement by the White House, these standards represent a broad consensus of government, industry, the UAW and environmentalists. “Whereas these issues seemed destined to be the subject of eternal political clashing just last year, today the President was joined on stage by the Presidents, CEOs, or other top executives from Ford, Toyota, General Motors, Honda, Chrysler, BMW AG, Nissan, Mercedez-Benz, Mazda, Volkswagon, and the United Auto Workers to announce a new consensus.”

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The House Committee on Energy and Commerce, subcommittee on Health, introduced a bill yesterday entitled the Climate Change Health Protection and Promotion Act, H.R.2323, aimed at addressing the health effects of climate change. The general purpose of the proposed law is to require that the: “Secretary of Health and Human Services, within 2 years after the date of the enactment of this Act, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change on public health in the United States and other nations, particularly developing nations.”

The proposed law appears to be, at least in part, a response to a recent report from the Environmental Defense Fund raising concern over the increasing adverse impacts of climate change upon human health and in a press release issued today the Environmental Defense Fund praised the proposed legislation.

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The U.S. Geological Survey issued a report on April 3, 2009 finding that glacial ice in Antarctic is melting more rapidly than originally predicted. Noting that Antarctica contains the largest reservoir of glacial ice on the planet, the report points to climate change as the culprit.

In a statement released with the report, the USGS pointed to the importance of climate change in accelerating the loss of glacial ice. “The rapid retreat of glaciers there demonstrates once again the profound effects our planet is already experiencing-more rapidly than previously known– as a consequence of climate change. The scientific work of USGS, which is investigating the impacts of climate change around the world, including an ongoing examination of glaciers, is a critical foundation of the Administration’s commitment to combat climate change.”

Giving more emphasis to the significance of this loss of ice, Jane G. Ferrigno, the lead glaciologist on the study noted: “This continued and often significant glacier retreat is a wakeup call that change is happening in our Earth System and we need to be prepared, Antarctica is of special interest because it holds an estimated 91 percent of the Earth’s glacier volume, and change anywhere in the ice sheet poses significant hazards to society.”

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In a press release issued today by Chairman Henry A. Waxman of the Energy and Commerce Committee and Chairman Edward J. Markey of the Energy and Environment Subcommittee they announced the proposed American Clean Energy and Security Act of 2009. The draft legislation running 648 pages, outlines an ambitious program.

According to the summary of the proposed bill, the legislation: “has four titles: (1) a “clean energy” title that promotes renewable sources of energy and carbon capture and sequestration technologies, low-carbon transportation fuels, clean electric vehicles, and the smart grid and electricity transmission; (2) an “energy efficiency” title that increases energy efficiency across all sectors of the economy, including buildings, appliances, transportation, and industry; (3) a “global warming” title that places limits on the emissions of heat-trapping pollutants; and (4) a “transitioning” title that protects U.S. consumers and industry and promotes green jobs during the transition to a clean energy economy.”

Apparently, the sponsors are looking to fast track action on the bill, with a plan for the Energy and Commerce Committee to “complete consideration of the legislation by Memorial Day”.

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The Blue Green Alliance, an organization representing labor unions and environmental groups, has issued a policy statement urging adoption of comprehensive cap and trade legislation during 2009.

In a press release announcing its position the Alliance, representing such diverse interests as the United Steel Workers and the Sierra Club, stated: “this legislation is an effective way to rapidly put millions of Americans back to work building a clean energy economy and to reduce global warming emissions to avoid the worst effects of climate change.” According to the press release the group believes “[r]ising energy costs to low- and moderate-income Americans and adversely-impacted regions can be offset with rebates or tax credits. The Alliance also supports complementary regulation, including standards for renewable energy, energy efficiency resources and fuel and appliance efficiency. In addition, climate change legislation should include investments in a wide range of technologies…”

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The Governor of New Hampshire has issued a Climate Action Plan. The 82 page plan seeks to implement a program that will result in a reduction of greenhouse gas emissions to 90 percent below 1990 levels by 2050.

The recommendations contained in the plan include:

“1. Maximize energy efficiency in buildings 2. Increase renewable and low-CO2-emitting sources of energy in a long-term sustainable manner.

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A Utah state senator has introduced a bill which would require undertaking an economic impact review before adoption of any legislation or executive order related to climate change. The economic analysis would include: ” (a) economic impacts, if any, on existing Utah industry, business, and consumers; and (b) impact on Utah’s ability to attract industry to rural Utah and urban Utah.”

The proposed legislation also directs that Utah ensure that any federal regulation related to climate change “is not premature to the investigation, development, testing, redesign, and implementation of climate change technologies on a commercially successful and widespread basis.” It will be interesting to see how far this proposal gets in the legislature and, if successful, whether it will start a trend among state legislatures.

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The mayors of San Francisco, Oakland and San Jose California signed on to the Bay Area Climate Change Collaborative last week. The Collaborative sets specific goals for the member communities.

Included among the goals are reducing reliance on fossil fuels and creating “green” jobs. In addition, the intent is to bring other communities in the area within the Compact in order to move toward more sustainable energy and work collaboratively in combating the impacts of fossil fuels.

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New York’s Appellate Division (Fourth Department) issued a decision in early February, 2009 upholding a denial by the Town of Ellicottville of site plan and special permit approval to construct a cogeneration plant using wood chips as fuel, as part of a larger development proposal. In Matter of Laidlaw Energy and Environmental Inc. v Town of Ellicottville, the court found that the conclusion contained in the New York State Environmental Quality Review Act (SEQRA) findings that “serious increases in harmful emissions” from the plant would result in an “unacceptable adverse impact” was not arbitrary and should be upheld.

In what appears to be one of, if not, the first decision in New York to deny a land use approval due to concern over carbon emissions, the court has found that this is a proper consideration under SEQRA. Unfortunately, the decision goes into little detail about the findings or the issues posed. However, thanks to Daniel Spitzer, Esq. the partner at Hodgson Russ LLP, who successfully defended the decision, we were able to obtain a copy of the Town’s detailed SEQRA findings.

The findings focused on a number of issues but Greenhouse Gases (GHGs) and Carbon Dioxide were a focus in the analysis of the cogeneration plant, noting in part: “the issue of carbon neutrality is far more complicated, and while biomass plants can be carbon neutral, the Laidlaw proposal is neither carbon neutral when viewed locally or regionally, because the Laidlaw proposal is not coupled with a sustainable agricultural management program….Laidlaw is not planting new trees to take up the carbon. It is burning the dead or trimmed mature trees, meaning the fuel source will not absorb the carbon released in equal portions.” The findings also discuss attempts to have Laidlaw put together a sustainable agricultural management program in conjunction with the plant and the refusal of Laidlaw to implement such a plan.

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