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Donald Trump’s Greatest Hits With the WaPo Editorial Board

Mother Jones

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I’ve had Donald Trump’s interview with the Washington Post editorial board open in a tab for several days now, and I suppose I should either close it or do something with it. The key takeaway from this exercise in freestyle presidential rapping is just how incoherent Trump was. “It literally makes Sarah Palin seem like an intellectual,” a friend remarked. But that’s hard to capture unless you bite the bullet and read the whole thing. Instead, here are a few greatest hits. And now the tab gets closed. Enjoy.

On how he would have negotiated with the Iranians:

We should have had our prisoners before the negotiations started. We should have doubled up the sanctions. We should have gone in and said, ‘release our prisoners,’ they would have said ‘no,’ and we would have said, ‘double up the sanctions,’ and within a short period of time we would have had our prisoners back.

On whether there are racial disparities in law enforcement:

I’ve read where there are and I’ve read where there aren’t. I mean, I’ve read both. And, you know, I have no opinion on that.

On racial disparities in incarceration:

That would concern me, Ruth. It would concern me.

On how he’d address racial problems:

There’s a racial division that’s incredible actually in the country….And you know there’s a lack of spirit. I actually think I’d be a great cheerleader — beyond other things, the other things that I’d do — I actually think I’d be a great cheerleader for the country.

On South Korea not paying its fair share of defense costs:

You know, South Korea is very rich. Great industrial country. And yet we’re not reimbursed fairly for what we do. We’re constantly, you know, sending our ships, sending our planes, doing our war games, doing other. We’re reimbursed a fraction of what this is all costing.

I think this is on public record, it’s basically 50 percent of the non-personnel cost is paid by South Korea and Japan.

50 percent?

Yeah.

Why isn’t it 100 percent?

On what he means when he says the Ricketts family in Chicago had “better watch out”:

Well, it means that I’ll start spending on them. I’ll start taking ads telling them all what a rotten job they’re doing with the Chicago Cubs. I mean, they are spending on me. I mean, so am I allowed to say that? I’ll start doing ads about their baseball team. That it’s not properly run or that they haven’t done a good job in the brokerage business lately.

On his hands:

This was Rubio that said, “He has small hands and you know what that means.” Okay? So, he started it….I had fifty people … Is that a correct statement? I mean people were writing, “How are Mr. Trump’s hands?” My hands are fine. You know, my hands are normal. Slightly large, actually. In fact, I buy a slightly smaller than large glove, okay? No, but I did this because everybody was saying to me, “Oh, your hands are very nice. They are normal.” So Rubio, in a debate, said, because he had nothing else to say … now I was hitting him pretty hard. He wanted to do his Don Rickles stuff and it didn’t work out. Obviously, it didn’t work too well. But one of the things he said was “He has small hands and therefore, you know what that means, he has small something else.” You can look it up. I didn’t say it.

….I don’t want people to go around thinking that I have a problem. I’m telling you, Ruth, I had so many people. I would say 25, 30 people would tell me … every time I’d shake people’s hand, “Oh, you have nice hands.” Why shouldn’t I? … I even held up my hands, and said, “Look, take a look at that hand.”…And by saying that, I solved the problem. Nobody questions. Everyone held my hand. I said look. Take a look at that hand.

On using nukes against ISIS:

I don’t want to start the process of nuclear. Remember the one thing that everybody has said, I’m a counterpuncher. Rubio hit me. Bush hit me….

This is about ISIS. You would not use a tactical nuclear weapon against ISIS?

I’ll tell you one thing, this is a very good looking group of people here. Could I just go around so I know who the hell I’m talking to?

On intelligence, winning, and the war in Iraq:

Right now, look, you know, I went to a great school, I was a good student and all. I am an intelligent person. My uncle, I would say my uncle was one of the brilliant people. He was at MIT for 35 years. As a great scientist and engineer, actually more than anything else. Dr. John Trump, a great guy.

I’m an intelligent person. I understand what is going on. Right now, I had 17 people who started out. They are almost all gone. If I were going to do that in a different fashion I think I probably wouldn’t be sitting here. You would be interviewing somebody else. But it is hard to act presidential when you are being … I mean, actually I think it is presidential because it is winning. And winning is a pretty good thing for this country because we don’t win any more. And I say it all the time. We do not win any more. This country doesn’t win. We don’t win with trade. We don’t win with … We can’t even beat ISIS.

And by the way, just to answer the rest of that question, I would knock the hell out of ISIS in some form. I would rather not do it with our troops, you understand that. Very important. Because I think saying that is very important because I was against the war in Iraq, although they found a clip talking to Howard Stern, I said, “Well…” It was very unenthusiastic. Before they want in, I was totally against the war. I was against it for years. I actually had a delegation sent from the White House to talk to me because I guess I get a disproportionate amount of publicity. I was just against the war. I thought it would destabilize the Middle East, and it did. But we have to knock out ISIS. We are living like in medieval times. Who ever heard of the heads chopped off?

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Donald Trump’s Greatest Hits With the WaPo Editorial Board

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Was the Great Ad Blocker Freakout of 2015 Justified?

Mother Jones

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Six months ago, after years of power surfers happily using ad blockers with no real problems, Apple decided to ruin things for everyone by supporting ad blocking in its products. Since everything Apple does is, by definition, the most pivotal event ever in the tech world—if you happen to work in the online journalism biz, anyway—this caused instant panic in the online journalism biz. Suddenly you could hardly click your mouse without running into a site nagging you about your ad blocker, or even flatly refusing to allow you in unless you turned the blocker off.

It’s time to take stock. Was this panic justified? The use of ad-blocking apps has certainly grown over the past few years, but has it specifically skyrocketed since Apple’s announcement? I’m unable to find any reliable data on this score, and my gut tells me that the panic over this was probably unjustified, as panic usually is.

Needless to say, though, my gut is not infallible. I’d prefer actual evidence. With the benefit of several months for tempers to calm, I think it’s time for someone to examine this and tell us what’s really happened. Who out there has the data to do this?

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Was the Great Ad Blocker Freakout of 2015 Justified?

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How California got way ahead of the rest of the world in fighting climate change

How California got way ahead of the rest of the world in fighting climate change

By on 22 Mar 2016commentsShare

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

Jennifer Gill got pregnant with her first child when she was in eighth grade. She didn’t finish high school, but she got her GED during a stint in prison for forgery. For most of her working life she was a waitress in and around the town of Oildale, a suburb of Bakersfield in the southern tip of California’s Central Valley. “We come from backgrounds where minimum wage is the best we can hope for,” she says. Then, four years ago, Gill happened to see a television commercial for a solar-panel installation course at a local community college.

Within a few weeks, the 46-year-old was out in the field, helping install photovoltaic panels for the engineering behemoth Bechtel and making more than $14 an hour. She quickly got another job installing panels for another solar farm, this time for over $15 an hour. Now she’s in an apprenticeship program with the International Brotherhood of Electrical Workers, and for the first time in her life she has retirement benefits. At her urging, her younger sister, who had lost her job at a local Dollar Tree, signed up to become a solar-panel installer. Other friends followed suit. “Some of these folks have bought houses now,” Gill says.

Ivanpah Solar under construction, near the Mojave Desert and the border of Nevada.Jamey Stillings

This past fall, Gill was working at Springbok 1, a solar field on about 700 acres of abandoned Kern County farmland. In a neighboring field, workers recently broke ground on Springbok 2. A few months earlier, 35 miles south on the flat, high-desert scrubland of the Antelope Valley, workers locked into place the last of 1.7 million panels for the Solar Star Projects, owned by Warren Buffett’s Berkshire Hathaway. The panels are arrayed in neat rows across 3,200 acres, an area nearly four times the size of New York’s Central Park. In June, Solar Star began sending 579 megawatts of electri­city — making it the most powerful solar farm in the world — across Southern California, where it powers the equivalent of more than a quarter of a million homes.

For over a century, Kern County made much of its money from gushing oil fields. The town of Taft still crowns an oil queen for its anniversary parade. But with the oil economy down, unemployment stands at 9.2 percent — far above the national average. Local politics remain deeply conservative. Merle Haggard, who was from Oildale, wrote his all-time biggest hit, “Okie From Muskogee,” about the place (“We don’t burn no draft cards down on Main Street”). Today, the region is represented in Congress by Republican Majority Leader Kevin McCarthy, a cheerleader for the oil industry.

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Nature, however, sculpted this landscape for solar and wind. The sun bears down almost every day, and as the valley floor heats up, it pulls air across the Tehachapi Mountains, driving the blades on towering wind turbines. For nearly eight years, money for renewable energy has been pouring in. About seven miles north of Solar Star, where sand-colored hills rise out of the desert, Spanish energy giant Iberdrola has built 126 wind turbines. French power company EDF has 330 turbines nestled in the same hills. Farther north, the Alta Wind Energy Center has an estimated 600 turbines. Together, these and other companies have spent more than $28 billion on land, equipment, and the thousands of workers needed to construct renewable-energy plants in Kern County. This new economy has created more than 1,300 permanent jobs in the region. It has also created a bonanza of more than $50 million in additional property taxes a year — about 11 percent of Kern County’s total tax haul. Lorelei Oviatt, the director of planning and community development, says, “This is money we never expected.”

But the sun and wind were not the most important forces in the transformation of the region’s economy. The biggest factor was the state government in Sacramento, where for many decades power players — Republicans and Democrats — have been marching toward a carbon-neutral existence.

Today, California can claim first place in just about every renewable-energy category: It is home to the nation’s largest wind farm and the world’s largest solar thermal plant. It has the largest operating photovoltaic solar installation on Earth and more rooftop solar than any other state. (It helps to have a lot of roofs.) This new industry has been an economic boon as well. Solar companies now employ an estimated 64,000 people in the state, surpassing the number of people working for all the major utilities. California has attracted more venture capital investment for clean-energy technologies than the European Union and China combined. Even the state’s manufacturing base is experiencing a boost; one of California’s largest factories is Tesla Motors’ sprawling electric-vehicle assembly plant in the Bay Area.

All of these advances have undercut a fundamental tenet of economics: that more growth equals more emissions. Between 2003 and 2013 (the most recent data), the Golden State decreased its greenhouse gas emissions by 5.5 percent while increasing its gross domestic product by 17 percent — and it did so under the thumb of the nation’s most stringent energy regulations.

That achievement has made California the envy of other governments. At the climate change summit in Paris last December, Gov. Jerry Brown floated about like an A-list celebrity. Reporters trailed after him, foreign delegations sought his advice, audiences applauded wherever he spoke. And Brown, reveling in the attention, readily offered up California as a blueprint for the world.

When his term ends in two years, Brown will have been in elective office in California for 34 years, including 16 as governor, a job he first took on in 1975 and reclaimed in 2011. At 77, Brown, whose long résumé includes a stint at seminary, is the rare American politician who muses openly about whether humanity has already “gone over the edge,” calls climate change deniers “troglodytes,” and blames global warming for every natural calamity that befalls California, from drought to wildfires, even when he’s criticized for taking the connection too far.

In what is likely to be the last chapter of his elective career, Brown is now embarking on a bold social experiment that will define his legacy. This past October, he reset California’s goalposts by adopting some of the most ambitious carbon-reducing rules in the world. SB 350, the Clean Energy and Pollution Reduction Act, says that by 2030, California must get half its electricity from renewables and it must double the energy efficiency of its buildings. These measures are intended to push the state to its ultimate goal: by 2050, cutting greenhouse gas emissions to 80 percent below the level it produced in 1990 (the baseline much of the world — but not the United States — agreed to pursue in the 1997 Kyoto climate treaty). It is this last measure that makes California’s global warming mission far more sweeping than any nation’s, because while countries with ambitious targets like Germany and Japan have shrinking populations, California will be home to 50 million people in 2050, two-thirds more than in 1990.

During his inaugural address last year, Brown detoured from the usual platitudes to launch into a lecture on his environmental policies, from new vehicle and fuel standards to plans for better managing rangelands and forests. “California, as it does in many areas, must show the way,” he told his audience. “We must demonstrate that reducing carbon is compatible with an abundant economy and human well-being. So far, we have been able to do that.”

But the state’s current achievements look easy compared with the new mandates. That’s because a lot of low-hanging fruit has already been picked: The best wind power sites are already chock-full of turbines, and complex land use rules make it difficult to find more locations for massive solar installations. What’s more, scientists and businesspeople will have to come up with new technologies, such as batteries that can hold enough power for a house at a price most homeowners can afford. And there is no clear understanding of how much it will cost: Californians may pay higher electricity and fuel prices; carbon-emitting industries may have to pay more for production. Even then, the gains are fragile and can be undermined by changes in consumption patterns, the economy or, as took place this past winter in Los Angeles, industrial accidents. There, a methane leak from a gas facility which went unplugged for months doubled the annual emissions for the Los Angeles basin.

Robert Stavins is a professor of environmental economics at Harvard’s John F. Kennedy School and has written extensively on California’s approach to climate change. The state’s new targets are “very aggressive, very ambitious,” he says. “The more you try to do, the more your marginal costs go up. It doesn’t come for free.”

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To his credit, Brown doesn’t make it out to be easy. Speaking during the climate talks at the Petit Palais, an ornate museum built for the 1900 World Fair, he was particularly blunt about what his plan requires. “You need the coercive power of government,” he told the crowd. One of the reasons why California’s utilities already get so much of their power from renewables, he said, was because “they have no choice. The government said, ‘Do it, or you’re going to pay huge fines.’” Brown likes to upend the standard argument about government regulation gumming up innovation. To him, it’s the opposite: Regulations push businesses to try new things.

Few American politicians would have the pluck to declare this publicly. Yet Brown has a lot of advantages: He is free from the burden of reelection and for a long time had a supermajority in the Legislature, allowing him to shove through regulations that would have been dead in the water in any other state.

Brown also has the support of Mary Nichols, who sits at the helm of California’s Air Resources Board. No other agency has quite the same breadth of authority to craft policy — or the same extensive toolbox to enforce it — and that gives her sway over entire industries. In 2013, Time named Nichols one of the world’s 100 most influential people. In her many years at the Air Resources Board, she’s wielded her power to help usher in everything from three-way catalytic converters and smog tests to cleaner fuels and electric cars.

When I meet Nichols at a café in Los Angeles, she exhibits none of the swagger you often find in a powerful official. With close-cropped gray hair and wearing a turtleneck sweater, she orders a cup of tea and speaks so softly that I struggle to hear her over clinking dishes. Despite her unimposing presence, Nichols is supremely confident about the righteousness of her and Brown’s mission. “We made these argu­ments for a long time, but we weren’t too effective because there weren’t many economists on our side. Traditional economic models view all forms of regulation as costs without benefits.” She adds, “I think we’ve demonstrated that you can grow your economy and seriously slash global warming.” I ask if she looks to any other state or country as a model. “No, unfortunately, no,” she says. “We’re it.”

The Ocotillo Wind Farm is in Imperial Valley, near the Mexico border.Jamey Stillings

To understand how California came to stand alone, you have to look back more than a half century. Back then, long before “climate change” was a household term, California was choking on smog. A biochemist at Caltech, Arie Jan Haagen-Smit, had discovered that the problem stemmed from a reaction between vehicle exhaust and sunlight. Oil and car companies fought Haagen-Smit’s findings bitterly, but the smog problem became so dire that in 1967 Gov. Ronald Reagan signed the bill that created the Air Resources Board, and he appointed Haagen-Smit to head it. The same year, Congress passed the federal Air Quality Act, which gave California the power to set its own automobile emissions standards that could exceed those of the federal government.

But when the Clean Air Act in 1970 required every state to meet pollution standards within five years, California didn’t get a plan in place to do so. In 1972, Nichols, then a young environmental lawyer, sued the new Environmental Protection Agency to force it to hold California accountable. After Jerry Brown took office in 1975, he appointed Nichols to the Air Resources Board and made her its chief four years later.

As Nichols began fighting air pollution, Middle Eastern nations, angered at U.S. involvement in the Yom Kippur War, slapped an embargo on exports of oil and sent prices skyrocketing. Americans waited in long lines to fill their gas tanks, and shock waves rippled through the economy. Meanwhile, California’s population was burgeoning. In one study from the mid-’70s, the RAND Corporation estimated that the state would have to add at least 10 new nuclear reactors over the next 25 years to keep pace with the growing demand for energy.

Mother Jones

A physicist named Arthur Rosenfeld at the Lawrence Berkeley National Laboratory became curious about how much energy people really consumed. To some of his colleagues, this seemed like a pedestrian topic for someone who’d studied under Enrico Fermi and distinguished himself in the field of particle physics. But Rosenfeld soon made a series of calculations that quieted them, recalls Ashok Gadgil, who was then a young graduate student of Rosenfeld’s and is now a senior scientist at the lab. Thanks to lax building codes, California used about as much energy to heat homes as Minnesota did, despite a 28-degree difference in average low temperatures, Gadgil says. Rosenfeld was the first to do the math showing how much you could slow electricity usage by setting in place energy standards for buildings and appliances. “It was a revelation,” says Gadgil.

Part of the problem was that the utilities — Pacific Gas & Electric, Southern California Edison, San Diego Gas & Electric — made more money if they sold people more electricity. PG&E “had people standing on street corners giving out 200-watt lightbulbs,” says Gadgil. Californians would take them home thinking they had just scored a freebie, screw them in, and double or triple the amount of power those lights were consuming.

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To address the energy crisis, Reagan established the California Energy Commission in 1974. Soon after, Rosenfeld began to push the agency to create tighter building standards, and then to raise them every few years. He took on everything from the glazing of windows to the type of insulation used between the rafters. This enraged the utilities, which feared dwindling revenue. At one point a executive called the head of the lab to demand that Rosenfeld be fired.

But when Jerry Brown succeeded Reagan, he was captivated by Rosenfeld’s findings. So Rosenfeld, who would later sit on the Energy Commission, helped expand its purview to require that dishwashers, refrigerators, dryers, heaters, spa equipment — nearly everything in a Californian’s life — meet the toughest efficiency standards in the country. In 1999, Rosenfeld estimated that the changes the commission had set forth were saving $10 billion a year nationwide.

The agency has now said that by 2020, all new houses shall meet an exacting code called zero net energy — this means having features like thick insulation, tightly sealed windows and doors, and the capa­city to generate all the power they need in a year via the sun or even wind. By 2030, all new commercial buildings will need to do the same.

These energy-saving requirements are just one indicator of how regulators have been able to leverage California’s huge market — 38 million customers — to influence national supply and manufacturing lines. Three years ago, the Energy Commission required that battery-charging systems, like the ones inside smartphones and laptops, be designed to suck less juice. Manufacturers balked because they didn’t want to bear the additional costs — about 50 cents per laptop. But the state insisted. The extra 50 cents, it turns out, saves the purchaser 18 times that cost in energy over the life of the product. That one change alone is estimated to save Californians $300 million a year in electricity bills. The Energy Commission figures that all its efficiency measures have slashed electric bills in California by $74 billion over the past 40 years.

As scientists saw increasing evidence of a warming planet, the focus on cutting smog and increasing efficiency shifted to curbing greenhouse gases. In 2002, Gov. Gray Davis signed the state’s first “renewables portfolio standard,” requiring utilities to get 20 percent of their power from renewable sources within 15 years. The standard sparked the development of a first generation of large solar installations, or “grid-scale” solar, the kind that now dot Kern County. But the rooftop solar business had stalled. “The market was backwoods hippies and Malibu millionaires,” recalls Bernadette Del Chiaro, now the executive director of the California Solar Energy Industries Association. In 2000, fewer than 400 California roofs were outfitted with solar panels.

“We had this chicken-and-egg problem,” says Del Chiaro. “Prices were high because demand was low. Demand was low because prices were high.” Arnold Schwarzenegger, during his bid to oust Davis via a recall, promised to jump-start the use of solar power. Schwarzenegger made it to office, but he couldn’t get his advisers to agree on a solar policy. To keep up the pressure, solar advocates crafted life-size cardboard cutouts of the governor from his Terminator movies and set them up across the state, so voters could pose for pictures next to them while holding signs that read, “Go Solar.”

Still, nothing budged. Schwarzenegger grew frustrated. At one point he convened his staff in the Ronald Reagan conference room, where he kept his Conan the Bar­barian sword. When his advisers again began to bicker over details, Schwarzenegger’s face turned red and veins bulged from his neck. He pounded his fist on the long wood table and bellowed, “Don’t you understand? I want to get this fucking thing done.”

That thing turned out to be a carrot in the form of a $3.3 billion rebate program, which, as boring as that sounds, was monumental. At first, anyone who got rooftop solar received a handsome rebate — as much as $2.50 per watt. Combined with a federal tax credit, the rebate cut the cost of a typical home system in half. But the program was designed so that as more solar panels were installed across the state, the rebate money would be a little less generous.

This wasn’t meant to penalize future homeowners, but to incentivize industry. Jigar Shah was the founder of SunEdison, one of the early solar-installation companies. The rebate program, he explains, was really a social compact between the government and the industry. “It was, ‘We gave you money, now you go create jobs and bring down costs,’” he says. Solar installers began popping up all over the state, hiring more workers. The time it took to install a solar system went from four days to two, and sometimes just a few hours. And prices fell. Churches, schools, and even prisons started to go solar. Factories in China began ramping up their production of panels, creating an economy of scale — panel prices have dropped about 45 percent over the past decade. By the time the subsidies dried up, costs had fallen so much that it didn’t matter. “We turned solar into a real business. This was man-on-the-moon stuff,” says Shah.

The way California priced electricity helped too. Remember how used to hand out free high-wattage lightbulbs to get people to use more power? Now utilities are required to use a tiered electricity-pricing system. The more power you consume, the higher your rate. This can mean that for people who live in the desert and need to run an air conditioner half the year, affordable solar can be a godsend. Bakersfield, where summertime temperatures often climb past 100 degrees, has twice as many solar rooftops as San Francisco, despite being less than half the size.

But what the $3 billion really did was give the state a new industry — and a lot of new jobs.

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In 2006, the release of the documentary An Inconvenient Truth planted the issue of global warming firmly in the California consciousness. With that momentum, the head of the Assembly, Fabian Nuñez, was able to pass the sweeping Global Warming Solutions Act that mandated the state shrink its greenhouse gas emissions to 1990 levels by 2020. Republican New York Gov. George Pataki flew in to attend the ceremony (the term “climate change” wasn’t yet anathema in Republican politics) and Britain’s prime minister, Tony Blair, was patched in via a video link. Schwarzenegger boasted, “We will begin a bold new era of environmental protection here in California that will change the course of history.”

The act handed the Air Resources Board an arsenal of new powers, and Schwarzenegger wanted an ace to run the organization. Mary Nichols had been out of that job for 24 years, and she was a Democrat, but Schwarzenegger was adamant: “Mary was quite simply the best person for the job,” he told Bloomberg Business.

Her agency was charged with drawing the map for how the state would decarbonize its economy. It hired new staff to create an inventory of where all the emissions in the state were coming from. It wrote rules for everything from hair spray to methane escaping from landfills. It levied fines for businesses that didn’t comply and established new regulations for those that did. And most importantly, it set up a cap-and-trade carbon market, through which California’s major industrial players all buy or sell carbon credits — generating $3.5 billion in revenue for the state so far. In January last year, cap and trade expanded to include emissions from automobiles, which means companies that refine and sell gasoline must account for those emissions as well, making the system the most comprehensive of its kind in the world.

No business has felt the force of Nichols’ power as much as the automobile industry. The board has steadily ratcheted up fuel efficiency standards, surpassing federal standards, for cars and trucks. Around 2007, Nichols began to tell automakers that gasoline efficiency wasn’t enough — they would have to roll out new, fully electric models or other zero-emission vehicles. Manufacturers from Japan to Detroit rushed to build the cars Nichols demanded. And she upped the ante again: By 2025, fully 16 percent of all new vehicles sold in the state would have to be zero-emission. Not long ago, though, the board noticed that gas-powered cars coming off the assembly lines are pretty durable, which means they could be on the road longer. That, of course, would make it tougher for California to meet its emissions targets, so Nichols has made noise about hitting an even more ambitious mark: In 15 years, she wants new car buyers to only be able to shop for zero-emission vehicles.

That seems ambitious, crazy even. After all, the first time California tried to put electric cars on the roads, in the ’90s, manufacturers balked at the high cost of the technology, and the Air Resources Board had to back off its goals. But this time around, the technology has improved, and Nichols isn’t backing down. Today, every major manufacturer builds an electric car. Some, like Nissan, which builds the Leaf, hail them as a cornerstone of their brand. “You could say Mary largely created the market for zero-emission vehicles,” says professor Daniel Sperling, director of the University of California-Davis’ Institute of Transportation Studies and a member of the Air Resources Board.

In 2009, Matthew E. Kahn, who teaches environmental economics at the University of Southern California, was one of several economists who claimed California’s cap-and-trade program could cause energy-intensive industries to flee. Those that couldn’t bolt, such as food processors tied to local farms, would be forced to raise prices on citrus, nuts, or tomatoes, he predicted. Today, Kahn admits the costs for businesses were lower than he ever imagined. He now believes the impact on jobs was minimal, in part because heavy polluters, like steelmakers, had already left the state. But he also credits Nichols with having crafted the carbon market so it achieved the state’s goals with minimal costs. “The optimists have won the day,” he says.

Along with big rebate programs, the “coercive power of government” helped push cash into the development of new energy sources, so the utilities found themselves ahead of the deadline to get 20 percent of their power from renewables. But that created a problem. One very sunny Sunday in April 2014, officials had to cut off more than 1,100 megawatts’ worth of solar and wind power — almost enough to supply all the houses in the city of Fresno — for about 90 minutes because the grid was overflowing with electricity. Naysayers worried the state had reached its absorption limits for renewables and that the grid could fry. As a fix, the state expanded the utilities’ ability to trade power with neighboring states on what is called the energy imbalance market. When California generates too much solar power, the utilities can now sell it at 15-minute or even five-minute increments to Washington or Oregon right away (or buy power when the supply has an unexpected dip).

A number of tech companies, however, started looking at better matching supply to demand. First they turned to “demand response” systems, whereby major energy customers can ratchet down their use as needed. Johnson Controls Inc., a Fortune 500 maker of thermostats, batteries, and other products, runs a demand response program in California with more than 100 customers. When a utility realizes it won’t have enough power — when air conditioners are cranking — it sends a signal to Johnson Controls, which figures out which customers can scale back. That may mean cutting the power to a field of oil wells, or getting the city of Fullerton to dial back on its lighting at city hall. Companies love it because they get paid by the utility when they turn the power off. “I literally send customers checks,” says Johnson Control’s Terrill Laughton. Architects are now designing office buildings with built-in controls that can automatically turn off a bank of elevators or a cooling system when a utility calls.

“We can really transform the grid for the 21st century,” says Raghu Belur, the cofounder of Enphase, based in Petaluma, north of San Francisco. His company is connecting solar panels, software, and a powerful in-home battery to create, he says, “an energy management system.” If the panels produce power the home doesn’t need, the software detects whether it’s better to sell the excess to the grid or store it for use later. “It turbocharges the solar system,” explains Belur. His company will soon sell the system in Australia. But the hurdle is the price of the battery, which is still too expensive to make it practical for most homeowners.

Peter Rive, a cofounder of SolarCity, one of the nation’s largest installers of solar panels, insists battery prices are about to tumble — and transform California’s energy market. Rive’s certainty stems in part from the massive investment that Elon Musk (who happens to be Rive’s cousin and SolarCity’s chair) is making in batteries for cars and homes. Right now Musk’s company Tesla advertises one battery, the Powerwall, that’s big enough to handle the energy needs of a standard home during the evening. But it can still cost more than $4,000, including installation. Tesla claims it can fix that problem via economies of scale when it completes a battery-making “gigafactory” in Nevada.

Rive believes that in a few years home batteries will be commonplace and electricity will be part of the sharing economy, like Uber and Airbnb. When a utility needs extra electricity, it will be able to call on the battery in your home to power your neighbor’s washing machine, and it will pay you for the power you’re providing. According to Rive, this setup “looks somewhat imminent.” He gives it three years. It’s a neat and tidy solution, and full of the usual hubris of Silicon Valley. It is also the kind of innovation Brown is banking on to achieve his goals.

Almost every week a foreign delegation passes through Sacramento to meet California’s energy leaders. Recently, officials from China, India, South Africa, Mexico, and even Germany have all visited. Tatiana Molina was part of a delegation of Chilean officials and businesspeople who came last October. They met with utilities, toured the Tesla headquarters, and listened to presentations from government administrators. She was impressed. Then again, she was also skeptical. “You cannot take a California model and paste it in Chile,” she said.

Others warn that California will have trouble keeping up the pace without inflicting damage on its economy. “What [California] can certainly not do,” says Stavins, the Harvard economist, “is ramp up its policies at no cost. To think that it can, that’s just naive.” Gino DiCaro of the California Manufacturers and Technology Association says, “Everyone knows it’s going to be more costly to operate in California — that’s just a given. But the costs are mounting and no one knows where they will end.”

It is also sobering that the world’s other great experiment in greenhouse gas reduction, Germany, has stumbled recently. In the early 2000s, Germany began a massive effort called Energiewende, or “energy transition.” The country guaranteed that anyone who installed solar or wind panels could sell the power at a high fixed rate, and investors piled in. But the rate was so generous that Germany had to pass the costs onto its consumers, raising bills by about $220 a year per household. When the country also began to shutter its nuclear plants, utilities turned to the cheapest source of new power available: carbon-heavy lignite coal. Germany is now burning more coal than it did five years ago, and during 2012 and 2013 its greenhouse gas emissions actually increased. (They are now falling again.)

To make matters worse, Europe’s cap-and-trade system, responsible for limiting emissions across the continent, has been beset by fraud, as phony carbon credits from Russia and Ukraine have flooded the market. That has helped drive down the cost of carbon. For much of the last year it hovered around 7 euros, or about 35 percent cheaper than the price of carbon in California, almost wiping out incentives not to pollute.

Brown also has strong forces arrayed against him. The utilities have started to flex their muscles, pushing back against the rates they pay solar customers for the power they send to the grid. And last year, the oil industry lobby led an unprecedented $11 million campaign against measures including a component of SB 350, the landmark law that requires California to get half its electricity from renewables in the next 15 years. The lobby singled out the Air Resources Board and its “unelected bureaucrats,” warning that the bill’s provisions for cutting petroleum use in half by 2030 would lead to sky-high gas prices. The bill passed, but the oil companies got the petroleum mandate stripped out at the last minute by aiming hard at legislators from the Central Valley.

Brown admitted partial defeat during a press conference at the state Capitol: “Oil has won the skirmish. But they’ve lost the bigger battle because I am more determined than ever.” He made that quite clear when he stated that the Air Resources Board has all the power that it needs to cut petroleum use, and “it will continue to exercise that power, certainly as long as I’m governor.” He added, “Through the regulations on low-carbon fuel, we’ll take another step, and we’ll continue to take steps.”

“Who opposes any of our work on climate? There is no question that everywhere you turn it all goes back to the oil industry,” says Nichols.

The oil industry does loom large over her biggest task ahead. The transportation sector accounts for 37 percent of California’s greenhouse gas emissions. Just overhauling the freight rail system, she says, “will require massive new investment, and no one really knows where it is going to come from.” Despite a $2,500 rebate that has been dangling out there for six years, only about 175,000 cars in the state are electric — which means that to reach her ultimate goal, Nichols has to get close to 1.5 million zero-emission cars on the road in the next decade. She concedes that the carrots she’s had in place for some time, such as allowing electric vehicles to cruise carpool lanes, won’t be as effective going forward because those “lanes are not infinitely stuffable.” Like Brown, though, she continues to opti­mistically push ahead: “The only clash is over how much of an incentive it’s going to take to get these [electric vehicles] into consumers’ hands.”

At the Paris climate summit, Brown and Schwarzenegger jaunted around together, available for photo ops. It was as if to say: Here are a Democrat and a Republican (with a face recognizable around the world), hand in hand, dedicated to the cause. Even Kern County’s Rep. Kevin McCarthy — a tireless advocate for the oil business — has become a booster for the solar industry.

But here’s a key bit of context for all of the state’s efforts. Even if the state succeeds in slashing carbon levels, it would still only result in a blip in combating climate change. California is the world’s eighth-largest economy but accounts for only about 1 percent of global emissions. That, says Nichols, is exactly the point: to set an example. “We never thought that what we did in California was actually going to solve the problem of global warming,” she says. “But we thought we could demonstrate that you could.”

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There’s Still Slack in the Labor Market—But Not a Lot

Mother Jones

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Brad DeLong looks at a chart showing the employment rate of prime-age workers (ages 25-54) compared to January 2000 and says:

Without nominal wage growth of 4%/year or significantly rising inflation, no way I am going to believe that the U.S. economy is in any sense at “full employment” with an essentially zero output gap right now.

It’s not that I disagree, but I think that choosing January 2000 stacks the deck. That’s the absolute peak of the dotcom boom, and there’s no reason to think we’re going to replicate that anytime soon. A better comparison would be the mid-90s, when the economy was strong and growing but not at the peak of a bubble. Here’s what that looks like:

We’re still not at full employment. But we’re getting there: the unemployment rate is low; the expanded unemployment rate is getting close to low; and wages are increasing a bit. Additional inflationary pressure would be yet another sign of a tight labor market, but we haven’t seen that yet.

We still have work to do to get to full employment—and it’s possible we’ll never get back to 1990s levels. That depends a lot on precisely who’s dropped out of the workforce and why. But we’re getting close.

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There’s Still Slack in the Labor Market—But Not a Lot

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Ted Cruz Calls For Massive Police Presence in Muslim Neighborhoods

Mother Jones

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One of the odd Republican obsessions of the moment is their outrage over liberal refusal to “call radical Islam by its name.” In the wake of today’s Brussels bombing, Ted Cruz naturally says this kind of namby-pamby political correctness is at an end. But that’s not all:

We need to immediately halt the flow of refugees from countries with a significant al Qaida or ISIS presence. We need to empower law enforcement to patrol and secure Muslim neighborhoods before they become radicalized. “We need to secure the southern border to prevent terrorist infiltration.

“Patrol and secure.” That has an ominous sound to it, especially the “secure” part. Apparently Cruz is trying to out-Trump Trump before Trump even has a chance to say something stupid. This is some campaign these guys are running.

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Ted Cruz Calls For Massive Police Presence in Muslim Neighborhoods

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It’s True: Smart People Would Prefer You Went Away

Mother Jones

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Most people are happier when they have a lot of social contact. But Christopher Ingraham points to a new paper suggesting an exception to this general rule: smart people, true to stereotype, prefer being left alone. But why?

I posed this question to Carol Graham, a Brookings Institution researcher who studies the economics of happiness. “The findings in here suggest (and it is no surprise) that those with more intelligence and the capacity to use it … are less likely to spend so much time socializing because they are focused on some other longer term objective,” she said.

Think of the really smart people you know. They may include a doctor trying to cure cancer or a writer working on the great American novel or a human rights lawyer working to protect the most vulnerable people in society. To the extent that frequent social interaction detracts from the pursuit of these goals, it may negatively affect their overall satisfaction with life.

To put this a little less nicely, average folks don’t really have anything very interesting or enthralling to do with themselves, so getting interrupted by friends represents a net improvement in their daily lives. Smart people do have enthralling—even obsessive—intellectual interests, and social activities take them away from that. So this represents a net loss in happiness.

(Important note for smart, argumentative people reading this: we’re talking about averages here. There are plenty of extroverted smart people and introverted dumb people. But on average, smart people tend to dislike socializing because it takes them away from work they find more rewarding.)

But back to the paper. The authors, Satoshi Kanazawa and Norman Li, have a different theory about all this: the measured difference in social preferences is all due to the way we evolved way back on the savanna. Back then, they say, you had a much better chance of surviving if you had lots of friends, so we naturally evolved to value having lots of friends. Things have changed since then—cell phones, computers, cities, houses, etc.—and even though evolution hasn’t yet had a chance to adapt to a world where social contact isn’t as important, “extremely intelligent” people can use their sheer brainpower to adapt anyway:

“More intelligent individuals, who possess higher levels of general intelligence and thus greater ability to solve evolutionarily novel problems, may face less difficulty in comprehending and dealing with evolutionarily novel entities and situations,” they write….Smarter people may be better-equipped to jettison that whole hunter-gatherer social network — especially if they’re pursuing some loftier ambition.

This odd thing is that this isn’t really an application of evolutionary psychology, even though the authors are evolutionary psychologists. The hypothesis that humans evolved in hierarchical, medium-sized groups that relied on tight social networks for survival is pretty widely accepted. It’s nothing new. What’s new is the suggestion that smart people can overcome the constraints of cognitive evolution more easily than most people. And that’s not really evolutionary psychology. It’s just regular old psychology, or perhaps regular old neuroscience. It’s pretty likely that this has always been true of smart people, but we just don’t know it. Our social science datasets are shockingly inadequate for dates before 20,000 BCE.

Now, I don’t have access to the paper itself, and it’s possible that the authors address this. The abstract doesn’t give any hint of it, though. For the time being, then, I’ll take this as a fairly banal observation: people with intense intellectual interests value them more highly than social contact, and almost by definition, it’s mostly smart people who have intense intellectual interests. As a refugee from the tech world who dealt with a lot of programmers, and as a blogger who gets annoyed at being interrupted in the middle of writing a post, color me unsurprised.

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What’s the Deal With Donald Trump’s Mustache?

Mother Jones

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The last couple of weeks have been pretty hard on Donald Trump, and he’s showing the strain by turning up the insult meter to 11. His favorite quarry, of course, is Megyn Kelly:

Crazy @megynkelly supposedly had lyin’ Ted Cruz on her show last night. Ted is desperate and his lying is getting worse. Ted can’t win!
Crazy @megynkelly is now complaining that @oreillyfactor did not defend her against me – yet her bad show is a total hit piece on me. Tough!
Highly overrated & crazy @megynkelly is always complaining about Trump and yet she devotes her shows to me. Focus on others Megyn!
Everybody should boycott the @megynkelly show. Never worth watching. Always a hit on Trump! She is sick, & the most overrated person on tv.

Plus there’s been all this in just the past couple of days:

$35M of negative ads against me in Florida…. Stuart Stevens, the failed campaign manager of Mitt Romney’s historic loss…. lyin’ Ted Cruz has lost so much of the evangelical vote…. @WSJ is bad at math….Who should star in a reboot of Liar Liar- Hillary Clinton or Ted Cruz?…. Lyin’ Ted Cruz lost all five races on Tuesday.

@EWErickson got fired like a dog from RedState…. millions of dollars of negative and phony ads against me by the establishment…. Club For Growth tried to extort $1,000,000 from me…. Lyin’ Ted Cruz should not be allowed to win in Utah – Mormons don’t like LIARS!…. Mitt Romney is a mixed up man who doesn’t have a clue.

I’ll grant that Trump has a point about the Wall Street Journal. Their editorial page really is bad at math. The rest is just a sustained whinefest from a guy who judges everyone in the world by the standard of how sycophantic they are toward Donald Trump. His preoccupation with Megyn Kelly prompted this from the normally mild-mannered Bret Baier:

Fox favorite Geraldo Rivera, no shrinking violet, said Trump’s obsession with Kelly “is almost bordering on the unhealthy.” Almost? Fox News itself followed up with a barrage of anti-Trump tweets and this statement on Facebook:

Donald Trump’s vitriolic attacks against Megyn Kelly and his extreme, sick obsession with her is beneath the dignity of a presidential candidate who wants to occupy the highest office in the land….As the mother of three young children, with a successful law career and the second highest rated show in cable news, it’s especially deplorable for her to be repeatedly abused just for doing her job.

So there you have it. It’s Fox vs. Trump yet again. So far, I don’t think Fox has won any of these street fights, but maybe they’re due. I guess it depends on whether they keep it up, or lamely make amends the way they usually do.

Finally, in other Trump news, this is from an interview he did a couple of days ago. What’s with the mustache?

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What’s the Deal With Donald Trump’s Mustache?

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E.U. biodiesels could be dirtier than fossil fuels, according to new report

E.U. biodiesels could be dirtier than fossil fuels, according to new report

By on 15 Mar 2016commentsShare

Switching to renewable energy is meant to decrease the level of greenhouse gas emissions — a message that someone should really pass on to the European Union.

A new analysis conducted by the Ecofys Consultancy for the European Commission shows that biodiesel from palm oil can produce three times the emissions of conventional diesel oil and biofuel from soybeans can produce twice as many emissions as diesel. It’s an important finding for the E.U., where countries are pushing for 10 percent of transport fuel to come from renewable sources by 2020.

The land-use impacts of palm oil and soybeans biofuels had a major effect on their calculated footprints. The issue is twofold: Large tracts of carbon sinks, mainly forests and peatland, are clear-cut or drained to make way for giant palm or soy plantations; and new land must also be cleared to grow food that could have been planted on plots now being used for biofuels.

The report was taken down shortly after publication and a source told the Guardian that its original release was delayed due to biofuel-friendly pressure. The industry has publicly pushed back against the study’s findings, with the European Biodiesel Board telling Biofuels News that the research is based on “a model which has still not been disclosed nor validated by peers.” The board called into question the academic validity of the report, arguing that other research conducted in California showed lower values for emissions from indirect land-use changes.

If the findings of the report are accurate, the E.U.’s transport directive could have a big impact on carbon emissions. The inclusion of palm and soybean biodiesel in the E.U.’s transportation goals would add two gigatons of greenhouse gases to the atmosphere, according to green think tank Transport and Environment — annually accounting for 2-3 percent of the Europe’s total carbon output. Transport and Environment director Jos Dings told the Guardian that biodiesel is “a big elephant in the room.”

Though soybean and palm oil are considered, even encouraged, as renewable energy sources by the E.U., they are, according to the research, changing the emissions of an entire continent. With that in mind, a different, stricter, version of the word “renewable” might be necessary.

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Why Does the Supreme Court Matter to Environmentalists?

One of the hottest issues in any presidential race usually has to do with the Supreme Court, the highest court in the U.S. The 9 justices who sit on the court hold the fate of the nation in their hands. They decide lawsuits, interpret the Constitution and can change the way society is forced to behave, simply by reaching a majority decision on a case that’s brought before them.

The President nominates justices, and the U.S. Senate votes them in or out. Once appointed, a Supreme Court justice serves a life term that ends only when the justice dies or voluntarily resigns. Because a justice can stay on the court for 30 or 40 years, many people believe that of the thousands ofdecisions a president makes during his or her tenure, the nomination of a Supreme Court justice is among the most important.

Supreme Court decisions have determined whether and how the environment is protected for many decades. Here is a sample of some important decisions the court has made regarding the planet.

Endangered Species – Antonin Scalia, who recently died after 30 years as a justice, led the court’s conservative wing on limiting environmental groups’ ability to sue corporate polluters, protect public land and enforce federal water regulations.

Environmentalists use lawsuits to force polluters to obey state and federal laws on such issues as releasing toxic chemicals into the air or waterways or to protect endangered species. Scalia’s 1992 opinion in

Lujan v. Defenders of Wildlife

determined that Defenders (ergo, other environmental organizations) did not have “standing” to challenge endangered species protections. In other words, the Court essentially decided, in an

opinion written by Scalia

, that industry attempts to blockthe Endangered Species Act should be taken more seriously than environmental groups’ efforts to enforce it.

Clean Power Plan

– President Obama and the U.S. Environmental Protection Agency have issued a rule requiring states to develop plans to lower carbon dioxide emissions from power plants. The

CPP

is an attempt to reduce greenhouse gases that cause climate change as well as limit soot and other fine particles that contribute to air pollution.

The current court has

blocked

the government’s ability to implement the plan because opponents have filed a lawsuit in the D.C. Circuit Court, which will hear arguments about the law pros and cons June 2. If the D.C. Circuit Court upholds the constitutionality of the plan, opponents could stillappeal to the Supreme Court, which could decide the plan is unconstitutional. The fate of the Clean Power Plan remains to be seen.

Mercury Pollution – Coal and oil-fired power plants emit mercury and other air pollutants. In fact, coal plants are the largest single source of mercury in our environment.

The Environmental Protection Agency issued a federal rule aimed at reducing mercury emissions. That

rule was challenged

by twenty states that wanted the court to block the rule while the government decided how to calculate the cost of implementing it.

In a good move for the planet, Chief Justice John Roberts turned down their request and let the rule stay in effect while the costs are determined.

Citizens United

– In 2010, the Supreme Court decided in the

Citizens United Case

that corporations and labor unions can contribute unlimited amounts of money to candidates running for office. The Court also essentially gave permission to polluters todonate huge sums to sitting legislatorsin the hopes of influencing the votes they cast on new laws to protect the environment.

Here is one example of how Citizens United has played out. Richmond, California in the San Francisco Bay Area is the home of a Chevron oil refinery. Prior to Citizens United, perhaps around $100,000 would have been spent on local political races there. But in 2012, reports

Garnet Goes Green,

political action committees empowered by Citizens United poured $4 million into the races for three seats on the Richmond City Council. Of that, $2 million was contributed by Chevron.

Results? Two of Chevron’s three preferred candidates won their races in that year’s election.

Citizens United reaches far beyond the environment. The

U.S. Library of Medicine

, a division of the National Institutes of Health, has found that “corporations can now make unlimited contributions to election advocacy advertising…Candidates who favor public health positions may be subjected to corporate opposition advertising.” In other words, polluters can spend a fortune trying to defeat a candidate who wants to clean up the air or water or reduce the presence of toxic chemicals in everyday products.

“The ruling expands corporate rights to disproportionately influence the electoral process and thus health policymakers,” notes the National Library of Medicine. “The effects on public health may be catastrophic. For example, corporations could spend unlimited sums for advertising against candidates who support public health positions on issues such as taxation on sugar-sweetened drinks, air quality standards or access to reproductive services.”

The environment always seems to be under attack. Often, our only recourse is to sue to invoke protections afforded the planet by suchlaws as the Clean Air Act, the Clean Water Act or

NEPA

, the National Environmental Policy Act.

The buck stops with the Supreme Court. However justices interpret the law, whether to protect the environment or protect the polluters, will reverberate across the planet for decades to come. The Supreme Court can be our last best hopeor our worst one.

Related

What Pres. Obama’s Clean Power Plan Actually MeansSupreme Court Overturns California Ban on Slaughtering Downed Animals

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This Supreme Court Case Show the Perils of Appointing Prosecutors as Judges

Mother Jones

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The US Supreme Court heard arguments last week as to whether Ronald D. Castille, former chief justice of the Pennsylvania Supreme Court, should have stepped aside from considering the appeal of a death penalty case he personally greenlighted when he was Philadelphia’s district attorney.

It seems pretty obvious, doesn’t it? “He made the most important decision that could be made in this case,” Justice Elena Kagan commented during oral arguments.

Castille didn’t think so. Back in 2012, public defenders for Terrence Williams—who was convicted and sentenced to death at age 18 for murdering a 56-year-old named Amos Norwood—asked Castille to step aside because he oversaw the prosecutors who handled the case. The judge explained to the New York Times that he was merely functioning as an administrator. “I didn’t try the case,” he said, according to the paper. “I wasn’t really involved in the case except as the leader of the office.”

But Castille had additional baggage that raise questions about his involvement.

An appeals judge found that Andrea Foulkes, the prosecutor who tried Williams on Castille’s watch, had deliberately withheld key evidence from the defense—and thereby the jury. Norwood, the victim, had started a relationship with Williams when the boy was 13, and abused him, sexually and otherwise, for years. Although the details weren’t known at the time, the prosecution suppressed trial evidence suggesting that Norwood had an unnatural interest in underage boys.

Williams had previously killed another older man he’d been having sex with—51-year-old Herbert Hamilton. (Williams was 17 at the time of the crime.) The jury in that case, presented with evidence of their relationship, voted against the death penalty and convicted Williams of third-degree murder, a lesser charge. But Foulkes, who prosecuted both cases, told the Norwood jury that Williams had killed Norwood “for no other reason but that a kind man offered him a ride home.”

So there’s that. And then, as death penalty appeals lawyer Marc Bookman points out in an in-depth examination of the Williams prosecutions for Mother Jones, Castille was a big fan of the death penalty:

In the five years before the Williams case came onto its docket, the court, led by Chief Justice Ronald Castille, had ruled in favor of the death penalty 90 percent of the time. This wasn’t too surprising, given that Castille had been elected to his judgeship in 1993 as the law-and-order alternative to a candidate he labeled soft on crime…

“Castille and his prosecutors sent 45 people to death row during their tenure, accounting for more than a quarter of the state’s death row population,” the Pittsburgh Post-Gazette noted in 1993. “Castille wears the statistic as a badge. And he is running for the high court as if it were exclusively the state’s chief criminal court rather than a forum for a broad range of legal issues.” Castille was pretty clear about where he stood: “You ask people to vote for you, they want to know where you stand on the death penalty,” he told the Legal Intelligencer, a law journal. “I can certainly say I sent 45 people to death row as District Attorney of Philadelphia. They sort of get the hint.”

Castille also had it out for Williams’ defenders, with whom his old office was at odds. Bookman again:

Castille had a fraught relationship with the Federal Community Defender Office, a group of lawyers who represent numerous death row inmates, including Williams. Castille claimed that federal lawyers had no business appearing in state courts. He complained bitterly over the years about their “prolix and abusive pleadings” and about all the resources they dedicated to defending death row inmates—”something one would expect in major litigation involving large law firms.”

The defenders, for their part, routinely filed motions arguing that Castille had no business ruling on the appeals of prisoners whose prosecutions he had approved—particularly not in a case in which his office was found to have suppressed evidence helpful to the defense. But as chief justice, Castille had the last word. He denied all such motions, and accused the federal defenders of writing “scurrilously,” making “scandalous misrepresentations,” and having a “perverse worldview.”

It’s not too hard to predict which way the Supreme Court will rule—although whether their decision helps Williams get a resentencing is another matter. America’s justice system makes it unbelievably hard to get a second chance once you are convicted of a serious crime.

But all of this brings up a broader, question: Prosecutors like Castille are appointed to the bench in far greater numbers than former defenders—even President Obama has perpetuated this trend. Which is why it was so worthy of note that California Gov. Jerry Brown, under federal pressure to reduce incarceration in the Golden State, has broken with his predecessors and moved in the other direction. Northern California public station KQED recently pointed out that more than a quarter of Brown’s 309 judicial appointments have been former public defenders, whereas only 14 percent were once DAs (31 percent had some prosecutorial experience). From that report:

“We never had a tradition that said to be a judge you had to be a district attorney. That developed probably in the ’90s,” Brown said. “The judges are supposed to be independent. You want judges that have a commercial background, you want judges that have a prosecutorial background, city attorneys, or county counsel, or small practice, plaintiffs’ practice—you want a diversity, instead of kind of a one note fits all.”

When it comes down to it, politicians are still eager to appear tough on crime. But is it really good policy—financially or ethically—to stack the bench with judges who are accustomed to being rated according to the number of people they lock away?

“Most district attorney judges that I’ve experienced are unable to divorce themselves from their background once they become a judge,” Michael Ogul, president of the California Public Defenders Association, told KQED. “They are still trying to help the prosecution, they are still trying to move the case towards conviction or towards a harsher punishment.”

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