May 30th, 2010
The World Climate Report’s post The American Power Act: Climatologically Meaningless quickly dispells any myths that the latest big government power grab has any possibility of actually impacting our climate, conclusing that the “APA does nothing, even if all the Kyoto-signatories meet its impossible mandates. The amount of warming “saved” by 2100 is 7% of the total for Business-as-Usual, or two-tenths of a degree Celsius. That amount will be barely detectable above the year-to-year normal fluctuations. Put another way, if we believe in MAGICC, APA — if adopted by us, Europe, Canada, and the rest of the Kyotos — will reduce the prospective temperature in 2100 to what it would be in 2093…
So there you have it, the new American Power Act, a bill that doesn’t know how to achieve its mandates, has a completely unknown but astronomical cost, and doesn’t do a darned thing about global warming. Such a deal!”
Tags: American Power Act, Climate, global warming, World Climate Report
Posted in Climate | No Comments »
May 4th, 2010
As you survey the opinions on who is to blame for the BP oil spill (see e.g. here: http://www.investors.com/NewsAndAnalysis/Article.aspx?id=532122 ) the following excerpt from the National Contingency Plan is fairly clarifying (always check the law!). It does not leave much doubt as to the federal government’s responsibility:
“The Administrator of EPA … is authorized to initiate
and, in the case of a discharge posing a substantial threat to public
health or welfare of the United States is required to initiate and
direct, appropriate response activities when the Administrator or
Secretary determines that any oil or CWA hazardous substance is
discharged or there is a substantial threat of such discharge from any vessel or offshore or onshore facility into or on the navigable waters of the
United States, on the adjoining shorelines to the navigable waters, into
or on the waters of the exclusive economic zone, or that may affect
natural resources belonging to, appertaining to, or under exclusive
management authority of the United States.” 40 CFR 300.130(B) (emphasis added).
Here is an interesting timeline of events: https://www.lauraingraham.com/b/The-definitive-Obama-oil-rig-spill-disaster-timeline/-865811795824623146.html.
Steyn hits it on the head, as usual:
“Almost every problem we face today arises from the vanity of Big Government. Why has BP got oil wells 5,000 feet underwater in the middle of the Gulf of Mexico? Because government regulated them off-land, off-coast, and ever deeper into the briny.
True, BP went along. Its initials stand for “British Petroleum”. You may not be aware of that if you’ve seen any of their commercials in recent years: “BP — Beyond Petroleum.” They were an oil company ashamed of their product, and advertising only how anxious they were to get with the environmental program. And a fat lot of good that did them.
BP, not to mention its customers, would have been better to push back against government policies that drive energy suppliers into ever more unpredictable terrain in order to protect the Alaskan breeding grounds of the world’s largest mosquito herd. Instead, we’ll do the opposite. There’ll be even more government protection of “the environment,” and even more government regulation of the oil industry, and BP will be drilling for oil in that Icelandic volcano.” http://www.investors.com/NewsAndAnalysis/Article.aspx?id=535733&p=3.
Tags: BP, EPA, national contingency plan, oil spill
Posted in General | No Comments »
May 4th, 2010
Arizona now boasts an impressive array of solar energy incentives for all Arizona businesses (and homeowners for that matter) to take advantage of photovoltaic and solar water heating technology to generate a portion of their own electricity needs, reduce their utility bills, and provide a hedge against rising electricity costs.
The solar industry is undergoing a tremendous worldwide boom primarily as a result of mandates and incentives overseas (Japan, Spain and Germany) but also a number of states (led by California and New Jersey) and the overall increased level of attention and resources being devoted to renewable energy sources due to global warming fears. The average cost per kilowatt hour for solar power remains substantially above that paid by the typical retailer industry customer (12 cents), although the technology is evolving rapidly and some in the industry predict that photovoltaics will start to become competitive with retail electric generation as early at 2010. The industry, for the time being, is highly dependent on government and utility incentives. Full article here: http://www.ehshomepage.com/COLUMNandARTICLES/MichaelCFordBK32AprMay2008.htm
Posted in Energy | No Comments »
May 4th, 2010
I recently sat down with Dan Rees, Phoenix’s own biodiesel expert, to learn more about this fascinating fuel source. Full article here: http://www.ehshomepage.com/COLUMNandARTICLES/MichaelCFordBK41OctNov2009.htm
Posted in Energy | No Comments »
May 4th, 2010
With temperatures into the triple digits, hurricane season upon us, and the debut in theaters of yet another global warming thriller, I thought it would be a good time to check in with our own local climatology expert, Dr. Robert Balling for a “global warming reality check.” Dr. Balling is Professor of Climatology in the climatology program in the Department of Geography at Arizona State University. Over the past 20 years, Dr. Balling has been involved in a variety of interrelated climatological issues. He has published over 125 articles in the professional scientific literature, received over $3,000,000 in research grants, presented lectures throughout the United States and more than a dozen foreign countries, and appeared in a number of scientific documentaries and news features. He has served as a climate consultant to the United Nations Environment Program, the World Climate Program, the World Meteorological Organization, the United Nations Educational, Scientific and Cultural Organization, and the Intergovernmental Panel on Climate Change. Dr. Balling’s first book on climate change is entitled The Heated Debate: Greenhouse Predictions Versus Climate Reality, his second book is entitled Interactions of Desertification and Climate, and his newest book is entitled The Satanic Gases: Clearing the Air about Global Warming. Full article here: http://www.ehshomepage.com/COLUMNandARTICLES/MichaelCFordBK21JuneJuly2006.htm
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May 4th, 2010
Amidst much anticipation, EPA and the Corps finally issued their guidance memorandum interpreting the scope of their Clean Water Act jurisdiction in light of the Rapanos case. In fact, the agencies issued a flurry of interesting documents in early June in addition to the aforementioned guidance memo, including a Regulatory Guidance Letter addressing their new practices for documenting jurisdictional determinations; “highlights” of their guidance; a “question and answer” document; a new jurisdictional determination form; plus an instruction guidebook to accompany the new form. As the agencies acknowledged, the Rapanos decision “has implications for all CWA programs, such as § 402 National Pollutant Discharge Elimination System (NDPES) permits, § 311 oil spill prevention and cleanup, and § 303 water quality standards.” The collective guidance is chock full of interesting interpretations, footnotes, photographs, and flow charts previewing the brave new world that lies ahead for the regulators and the regulated community alike. Full article here: http://www.ehshomepage.com/COLUMNandARTICLES/MichaelCFordBK28AugSept2007.htm
Posted in Water | No Comments »
May 4th, 2010
Environmental decisions from the Ninth Circuit are almost always interesting, though often short-lived. The court’s recent decision interpreting NPDES requirements is a showstopper for its far reaching implications for prospective permittees, and water quality improvement efforts. The decision involves Arizona’s own Carlota Copper project, but it is not just about mining (although it certainly attests to the potential difficulties in permitting a new hard rock mine in the United States). It poses an enormous roadblock to many new dischargers in the Ninth Circuit (which includes Arizona), and possibly beyond. Full article here: http://www.ehshomepage.com/COLUMNandARTICLES/MichaelCFordBK31FebMar2008.htm
Posted in Water | No Comments »
May 4th, 2010
EPA recently extended the scope of its Audit Policy (Incentives for Self-Policing Discovery, Disclosure, Correction and Prevention of Violations) on an interim basis (“Interim Approach”) effective August 1, 2008. The Interim Approach offers incentives to new owners to disclose violations pursuant to EPA’s Audit Policy, which has been in effect and available to facility owners/operators in its current form since May 11, 2000. Facility sellers and buyers should beware, however, that the Interim Approach may lead to increased scrutiny for newly acquired facilities that opt not to self-disclose pursuant to the Interim Approach, and increased non-compliance liability exposure for sellers. Full article here: http://www.ehshomepage.com/COLUMNandARTICLES/MichaelCFordBK35OctNov2008.htm
Posted in Transactions | No Comments »
May 4th, 2010
On May 4, 2009, the U.S. Supreme Court rendered a significant CERCLA decision that will impact the cleanup liability landscape in Arizona and nationally. The decision in Burlington Northern & Santa Fe Railway Co. v. United States (“BNSF“) narrowed the category of companies who are liable as “arrangers” under CERCLA and broadened a liable company’s “divisibility” defense to CERCLA’s presumptive “joint and several” liability. Full Article here: http://www.ehshomepage.com/COLUMNandARTICLES/MichaelCFordBK39JunJul2009.htm.
Posted in Waste | No Comments »
May 2nd, 2010
The annual EPAZ Golf fundraiser was held April 6, 2010. (http://www.epaz.org/epazportal/annual_golf.html) We were a major sponsor of this great event and look forward to it next year.
We did not win, but we are no slouches either. And the new PING G15s are sweet. I am not worthy.
My colleagues/teammates Margaret LaBianca and Mitch Klein.
Posted in Events | No Comments »
