Lobbyists Swarm the Climate Bill

  • The Center for Public Integrity finds there are at least five lobbyists on climate change legislation for every member of Congress. (Photo courtesy of the Architect of the Capitol)

According to new investigative reports,
lobbying efforts on climate change
policy are growing dramatically. Lester
Graham reports:

Transcript

According to new investigative reports,
lobbying efforts on climate change
policy are growing dramatically. Lester
Graham reports:

Washington, more than ever before, is crawling with lobbyists.

A journalistic project finds there are at least five lobbyists on climate change legislation for every member of Congress.

Maryanne Lavelle with the Center for Public Integrity heads up the project.

“It’s just astounding. If you just compare to six years ago when Congress first considered a really comprehensive climate bill, there has been a 40o% increase in lobbyists.”

Some are there to ensure greenhouse gases are reduced, some are there to shape climate change legislation to benefit their business interests, others are there to block it.

But the investigative journalists found big industry lobbyists and all the others out-gun lobbyists for environmental and alternative energy groups by an eight-to-one margin.

For The Environment Report, I’m Lester Graham.

Related Links

Connectedness of Climate and Healthcare

  • Pundits say President Obama is putting all his political chips in the fight for health care. And, if he loses, he'll have almost nothing left to spend on climate change. (Photo by Bill Branson, courtesy of the National Cancer Institute)

The health care debate is sucking
up most of the energy in Washington.
So it makes sense that the world is
concerned the US might show up at
global climate talks in December empty
handed. Conrad Wilson explains how
the heath care debate is threatening
the chances of a global climate treaty:

Transcript

The health care debate is sucking
up most of the energy in Washington.
So it makes sense that the world is
concerned the US might show up at
global climate talks in December empty
handed. Conrad Wilson explains how
the heath care debate is threatening
the chances of a global climate treaty:

European countries, along with China and other big global polluters, are wrestling with
how to deal with global warming. But as the world gears up for the climate change
conference in Copenhagen, Washington is focusing on health care.

The timing of Washington’s health care debate has many countries scratching their heads.
And it has environmentalists and climate folks nervous. All agree health care is
important; but globally, they say, it’s out of step.

And when you ask Americans what the President is working on, few mention climate
change.

Person 1: “Probably health care and fixing the economy.”

Person 2: “On the economy. And fixing the economy. Actually, no, I’ll change that.
Actually, what I think he’s focusing on is the health care issue.”

Person 3: “This week, Afghanistan. Last week, health care. The week before, the
economy.”

Person 4: “He’s focusing on health care primarily, which is very important. But he also
needs to maintain his focus on the economy.”

What’s not being talked about is climate change and the global talks coming up in
Copenhagen.

Dan Esty is a professor of Environmental Law & Policy at Yale University. He also has
experience as a climate negotiator. Esty predicts the health care debate will continue
through the end of the year.

“I think it’s going to be very difficult, given the political effort that’s going to be required
to achieve success on health care, to imagine that climate change can be taken on during
the same time period.”

Esty says there’s only so much President Obama and members of Congress can take on at
once. Climate change and health care are two major issues that can’t be resolved
overnight.

As time wears on, the talks are shaping up for an outcome that looks more like the failed
Kyoto climate agreement from a decate ago. After Kyoto, Congress refused to join the
rest of th eworld in capping carbon emissions. Esty fears that could happen again.

“The health care debate, at the present moment, is occupying all the political oxygen in
Washington and that means there’s really nothing left with which to drive forward the
response to climate change. And, as a result, our negotiator will go to Copenhagen
without any real game plan in place for how the United States is going to step up and be a
constructive part of the response of the build up of green house gases in the atmosphere.”

A lot of people say the US needs to pass a climate change law before going to
Copenhagen. But others say maybe not. They argue it’s not a bad idea for the US to go
into global climate talks without a law because it could allow negotiators to be more
flexible.

Regardless of how it’s done, cutting greenhouse gases is now more pressing than ever
before. With Washington paralyzed by the health care debate, the timing is just bad for
climate change.

“If there were ever a time. You can say that about health care and about climate policy.”

That’s energy analyst Randy Udall. He says President Obama has a lot of his plate and
should be ready to compromise.

“Obama’s not going to get nearly as much as many of us had hoped for in terms of health
care reform. And he’s not going to get nearly as much as many of us had hoped for in
terms of energy policy. He will get something. But it not going to be a half a loaf, it’ll be
a quarter of a loaf.”

Pundits say President Obama is putting all his political chips in the fight for health care.
And, if he loses, he’ll have almost nothing left to spend on climate change.

For The Environment Report, I’m Conrad Wilson.

Related Links

Climate Change Lobby

  • More than half of the groups represented by lobbyists are big industry such as oil, coal, electric utilities and big energy users. (Photo courtesy of the Architect of the Capitol)

A lot of lobbyists are visiting
members of Congress because of the
climate change bill that’s under
consideration. A new report finds
there are 880 different businesses,
trade organizations, and special
interest groups formally lobbying
Congress. Lester Graham has more
on that:

Transcript

A lot of lobbyists are visiting
members of Congress because of the
climate change bill that’s under
consideration. A new report finds
there are 880 different businesses,
trade organizations, and special
interest groups formally lobbying
Congress. Lester Graham has more
on that:

More than half of the groups represented by lobbyists
are big industry such as oil, coal, electric utilities
and big energy users.

Marianne Lavelle wrote the investigative report
the Center for Public Integrity. She says recent
changes in the bill show big industry’s influence.

“You can see that the changes made were changes
that were really to address those industries and
their concerns.”

A few environmental groups such as Greenpeace say
the climate change bill is so watered down they
can’t support it now.

But most environmental groups are still on board.

Many individuals are also all letting Congress know
what they want in – or out – of the climate change bill.

Members of Congress always stress they want to hear
from all interested parties, but lobbyists do more
than offer persuasive arguments – they’re very good
at organizing fundraisers for the politicians.

For The Environment Report, I’m Lester Graham.

Related Links

Interview: Carbon Cap and Trade

  • If proposed energy legislation passes in Congress, renewable energy sources like wind an solar will become more competitive with fossil fuels. (Photo by Erin Toner)

Congress is considering a carbon cap-and-trade program that would make fossil fuels more expensive and give renewable energy an advantage. The U.S. is in the middle of a huge transition in where we get energy and how we use it. Some businesses leaders predict these changes will be disastrous for the economy killing jobs and making energy expensive. Lester Graham discussed some of those concerns with Tom Lyon, the Director of the Erb Institute for Global Sustainable Enterprise.

Transcript

Congress is considering a carbon cap-and-trade program that would make fossil fuels more expensive and give renewable energy an advantage. The U.S. is in the middle of a huge transition in where we get energy and how we use it. Some businesses leaders predict these changes will be disastrous for the economy killing jobs and making energy expensive. Lester Graham discussed some of those concerns with Tom Lyon, the Director of the Erb Institute for Global Sustainable Enterprise:

“I think it’s important to think about who you’re hearing these things from. Because there are certain industries who are really opposed and scared and they’re making a lot of noise. And it’s essentially the fossil fuel people; it’s the coal industry and then after that, the oil industry. And they have a very special-interest stake in this. So you gotta take what they say with a big grain of salt. Probably electricity prices will increase: not by a lot, not by fifty percent. They’ll go up slightly—depends what kind of region of the country you are in. If you’re in an area dominated by coal-fired power, your costs will go up some because coal is dirty, coal’s been getting a free ride for a long time. The price of coal should go up. If you’re in an area that’s already shifted towards renewables, you’re costs won’t go up much.”

And you mean wind turbines and…

“Wind turbines, hydroelectric power, biomass, solar.”

And what about jobs? Are we going to see this being a job killer?

“It’s going to be a transition device; it’s going to allow us to move towards a 21st century economy. So it’s going to allow us to put people on the ground building wind turbines, installing and maintaining wind turbines, putting in solar cells, and I think there are going to be a lot of jobs in the energy efficiency sector. It’s going to transition our automobile sector towards plug-in electric vehicles and things that might sell in a future economy that’s going to be climate constrained and that’s going to face higher energy prices.”

So it sounds like coal miners should be thinking about job training or retraining.

“Coal miners should definitely be thinking about retraining! You know, that’s just, it’s just an inevitable thing—where the economy is going, retraining is an important thing but this puts us on the right path toward the future.”

Now the President, and some environmentalists, and some leading businesses say, “We’ll be more energy independent, we’ll have clean wind and solar power, we’ll be much more energy efficient because of retrofitting these buildings, we’ll lead the world in renewable, clean energy. How’s that benefit me, at home?

“I think the first thing is, it benefits you because you’re helping to move the planet in the right direction. You’re making the planet a better place for your kids, for your grandkids, and you’re averting the risk that we go over the climate cliff. Because that’s very much a real risk.”

So global warming really is going to be as disastrous as we hear some of the alarmists say.

“It could be. We don’t know for certain. There’s a whole lot of uncertainty around this. However, I think most people who’ve thought about this agree we need to move in the direction of solving the climate problem because the news is always bad. Every new report that comes out of modern science shows the planet’s warming faster than we thought, sea level is rising faster than we thought; the whole thing is moving much more quickly than people thought even five years ago. So there’s no news that’s pointing in the other direction. The urgency just keeps increasing.”

There’s likely to be a huge fight in Washington and Congress is going to be terribly divided on carbon cap-and-trade: what do you think the likely outcome is?

“I think we’re gonna pass something. The Obama folks are very committed; they’ve staffed up with very smart people who understand the issue, who’ve been working on it for years. There’s a lot of political commitment within the congress already and Obama has taken this on as a signature issue.”

Tom Lyon is the Director of the Erb Institute of Global Sustainable Enterprise at the University of Michigan. He spoke with The Environment Report’s Lester Graham.

Related Links

Coal: Dirty Past, Hazy Future (Part 1)

  • (Photo courtesy of This Is Reality campaign)

You are being targeted by lobbyists. The coal industry and environmentalists are both trying to influence what you think. In the first part of our series on the future of coal, Lester Graham looks at the campaigns for-and-against coal:

Transcript

You are being targeted by lobbyists. The coal industry and environmentalists are both trying to influence what you think. In the first part of our series on the future of coal, Lester Graham looks at the campaigns for-and-against coal:

You probably don’t buy coal directly. But you do0 pay for it when you pay your power bill. 50% of the nation’s electricity comes from coal-burning power plants.

The problem with that is, coal pollutes.

Not as much as it used to. Some traditional pollutants have been reduced by 77% since the 1970 Clean Air Act.

Although the government forced it to reduce some some of the pollution, the coal industry brags about the progress and encouarges you to believe in the future of “clean coal.”

American Coalition for Clean Coal advertisement:

“I believe. I believe. We can be energy independent. We can continue to use our most abundant fuel cleanly and responsibly. We can and we will. Clean coal: America’s power”

Joe Lucas is the man behind that ad. He’s with the American Coalition for Clean Coal Electricity. Lucas says the meaning of the phrase “clean coal” is always evolving.

“Ah, the use of the term ‘clean coal,’ it is a term of art. Up until now it has been technology that has reduced traditional pollution emissions and increased the efficiency of power plants and going forward we’re rapidly approaching the point to where it will be technologies for capture and storage of carbon.”

But right now, no power plant captures carbon dioxide. And carbon dioxide is the main greenhouse gas contributing to climate change.

That’s why environmentalists scoff at the coal industry’s use of ‘clean coal.’

Cohen brothers advertisement:

“Clean coal harnesses the awesome power of the word ‘clean’ to make it sound like the cleanest clean there is!” (coughing)

The guy behind that ad is Brian Hardwick. He’s the spokesman for the “This is Reality” campaign.

“In reality today there is no such thing as ‘clean coal.’ There is no commercial coal plant that captures its carbon pollution not to mention the other environmental impacts that the coal industry has – from burning coal and the runoff and the extraction of coal. So, we launched an effort to try to bring out the truth about coal in response to the marketing campaign that the coal industry had so that people could come to their own conclusions about whether or not they thought coal was indeed clean.”

Clean or not, we have a lot of coal here in the U.S. It’s relatively cheap. And when pushed, a lot of environmentalists concede we’ll need to rely on coal for electricity generation for some time to come.

During last year’s Presidential campaign, candidate Barack Obama aknowledged that to people at a rally in Virginia, but indicated we need to find a way to really get to ‘clean coal.’

“Why aren’t we figuring how to sequester the carbons from coal? Clean coal technology is something that can make America energy independent.” (applause)

And President Obama has followed up on that. In the stimulus plan, 3.4 billion dollars was set aside to find ways to make coal clean.

There’s more to clean up. Sulfur dioxide, or SOx, contributes to acid rain. Nitrogen Oxides, or NOx, helps cause smog. Those have been reduced, but not eliminated. And then there’s toxic mercury and particulate matter – or soot. All of it harms the environment and public health.

President Obama’s Secretary of Energy, Steven Chu, is a big proponent of cleaner energy sources such as wind and solar. But he says we do need to find a way to use coal.

“Right now as we’re using coal it’s not clean. But, I firmly believe that we should invest very heavily on strategies that can take a large fraction of the carbon dioxide out of coal as well as the SOx the NOx, the mercury, particulate matter.”

But until that technology is in place, ‘clean coal’ is no more than what the coal industry calls an “evolving term of art.”

For The Environment Report, I’m Lester Graham.

Related Links

Waiting ‘Til the Midnight Hour

  • Passing midnight regulations is nothing new. When presidents of a losing party are packing up, there's not much of a political price to pay for unpopular rules. (Photo courtesy of the US Department of State)

It’s the Holiday Season – and
critics say industry lobbyists are getting
many of the gifts they’ve been asking for.
The Bush Administration is pushing through rules and regulations for them. Mark Brush
reports these midnight regulations will be
difficult to overturn:

Transcript

It’s the Holiday Season – and
critics say industry lobbyists are getting
many of the gifts they’ve been asking for.
The Bush Administration is pushing through
rules and regulations for them. Mark Brush
reports these midnight regulations will be
difficult to overturn:

Critics say President George W. Bush is doing a lot of last minute shopping for his
friends in big industries.

“What’s happening in Washington right now is a really quiet sneak attack on a lot of
fundamental protections that Americans enjoy under the law.”

That’s John Walke. He’s a senior attorney with the Natural Resources Defense Council.
He says these last minute Bush rules are not good for the environment – and they’re not
good for people.

“It’s important to realize we’re talking here about midnight de-regulation. These are
actions that are removing safeguards and protections of public health, and public welfare,
and the environment, and giving industry the permission to commit those harmful acts.”

So what kind of harmful acts is he talking about? Here are just some of the more than 60 rules and
regulations the Bush Administration is working on or have finalized.

A rule that makes it easier for coal mining companies to dump their waste into nearby
creeks and streams.

A rule changes that would allow older coal burning power plants to pump out more air
pollution without having to install clean up equipment.

A rule that would allow large dairies or livestock farms to police pollution from their own
operations.

And a rule that would make it more difficult to protect workers from toxic chemicals.

It’s a long list. But the main philosophy of the Bush Administration is that big industries
need a break from government regulations.

The Administration says they’ve been working on these rules for a long time. But
they’ve waited until the last minute to finalize a lot of them.

Passing midnight regulations is nothing new. When presidents of a losing party are
packing up, there’s not much of a political price to pay for unpopular rules. Your party
lost the election. So why not? Jimmy Carter’s administration was famous for it. The
term ‘midnight regulation’ was coined when Carter kicked last-minute rule making into
high gear. And every president since then has had his own last-minute rule changes.

The incoming Obama Administration is promising to go through these rules. Jon Podesta
is with Obama’s transition team. And he talked about that on Fox News Sunday.

“As a candidate, Senator Obama said that he wanted all the Bush executive orders
reviewed, and decide which ones should be kept, which ones should be repealed, and
which ones should be amended.”

Overturning some of these rules won’t be easy. Joaquin Sapien is a reporter for
ProPublica. He’s been following these midnight regulations closely. He says what
makes the end of this administration different is how it planned for the end. Last May,
White House Chief of Staff Joshua Bolten contacted all the federal agencies.

“What they did was they sent out a memo saying, ‘get your work done on these
regulations by November the first.’ So that would give these agencies plenty of time to
get them in effect before the next administration takes over, thereby limiting what the
next administration could do about some of these rules.”

Once the rules are finalized – they become effective in thirty to sixty days. And once that
happens – Sapien says it’s pretty much a done deal.

“And so, if a rule is in effect by the time the Obama Administration takes over, there’s
really very little he can do.”

For every rule that has gone into effect, it would take a lengthy rule-making process to
overturn it – a process that can take months and more likely years to complete.

There is another option. Congress can review the rules – and stop them before they’re
enforced. But with all the attention on the financial crisis, and with the wars in Iraq and
Afghanistan, experts think Congress won’t do that. And that these last minute rules will
be government policy for awhile.

For The Environment Report, I’m Mark Brush.

Related Links

Bottle Laws Expand to Water

Most states don’t have bottle deposit laws. Some of those states that do have the laws are expanding them to include deposits on bottled water and other beverages. Lester Graham reports:

Transcript

Most states don’t have bottle deposit laws. Some of those states that do have the laws are expanding them to include deposits on bottled water and other beverages. Lester Graham reports:


When Ed Solomon drives up in his delivery truck, he’s not just taking
in cases of soda and other beverages:


“Most every stop we go to as we deliver products, we take the empties
out, and the crates also. But, WHOOO! Yes. Sometimes there’ll be a
lot of empties at various stops.”


Solomon delivers Faygo beverages in Michigan. That state has the
nation’s highest deposit on bottles and cans: ten cents each. And
whether it’s Coca-Cola, Pepsi, Budweiser or Miller, if distributors
drop off product, they have to pick up the empties that people bring
back for the deposit refund.


Of the ten states that have bottle deposit laws, some are adding the deposit requirement to new beverages such as bottled water.
Forty other states have no deposit law at all.


Johnny Georges operates the convenience store Stadium Party Shop in
Ann Arbor, where Ed Solomon is dropping off new product and picking up
the empties. If the law in Michigan is expanded, it would mean Georges
and his employees would have to take in a lot more kinds of empty
bottles and cans.


“I think it’s going to take a little space in my opinion because there
are so many waters out there, so many juices, so many other brands.
So, it’s going to take a little space. Hopefully we’re going to
organize it as usual. And… we’ll see.”


Not everyone is that receptive to the idea. Beverage distributors and
major grocery chains are lobbying hard against expanding the deposit
law. Distributors don’t want to hassle with picking up the empties.
Major grocery chains say they don’t like the mess of people bringing
empties into the stores. They don’t like losing floor space to make
room for bottle and can collection areas. The bigger stores also have
to invest in bar code scanners to automatically count and sort the huge
volume of empties being returned.


A lot of small stores like Johnny George’s don’t have the fancy
equipment. Here, Georges just set aside a neatly organized area where
it collects and sorts the bottles and cans. He says he knows that an
expanded bottle deposit law would mean a little more hassle, but he
doesn’t mind:


“I like the new law. I hope they pass it. That takes a lot of trash
out of the street. And it’s good for the environment in the meantime.”


And Georges isn’t the only one who thinks it would be good for the environment.
Polls show a large majority of people support the idea.


James Clift is with the environmental group Michigan Environmental
Council. He says it’s time to expand the law to other containers.
When the bottle law was written 30 years ago, beer and soda pop cans
and bottles were the biggest concerns.


“But since then, bottled water, tea, other beverages, energy drinks,
we’ve got a whole new set of drinks on the market. And they’re a
larger and larger segment of the market to the point they may become
the majority of the market in the next five to ten years.”


Clift says his state needs to catch up to the changing market, but the
majority of the states don’t require a deposit on cans and bottles at
all. And Clift argues, you can tell when you’re traveling in one of
those states:


“You know, because you see all the trash along the roadways, you see
trash cans filled with bottles and cans and it just seems so unnatural
for someone who grew up in Michigan, you know, to throw away a bottle
or a can. Luckily, we’ve been programmed to know that that has value
and has other uses.”


So people there bag or box up their empties, take them to the store, the
stores can sort them and guys like Ed Solomon can take them back to be
recycled:


“It’s hectic, yes, it really is, you know, to deal with these empties.
Yeah, but, that’s the law I guess.”


And if the can and bottle deposit law is expanded to, and other drinks, as it has been some states, more distributors
and grocers in Michigan will find the job a little more hectic… while
40 other states do little to nothing to reduce the number of cans and
bottles headed for the landfill.


For the Environment Report, this is Lester Graham.

Related Links

Ten Threats: Green Lawns, Dead Lakes

  • A blue-green algae bloom. (Photo courtesy of the U.S. Fish and Wildlife Service)

The experts who identified the Ten Threats to the Great Lakes for us
say nonpoint source pollution is one of the worst threats. That’s
pollution that doesn’t come out of a pipe but instead is washed from
streets and farm fields… and lawns. Americans use at least three million of tons
of fertilizer on their lawns every year. But the same compounds that make for a lush,
green lawn can make a stinky, slimy mess when they get washed into lakes and rivers.
Sarah Hulett looks at efforts to limit the amount of lawn chemicals that make their way
into the waterways:

Transcript

In our series, Ten Threats to the Great Lakes, we’ve been looking
at environmental problems affecting the health of the lakes. The Great
Lakes Radio Consortium’s Lester Graham is guiding us through the
issues one-by-one:


The experts who identified the Ten Threats to the Great Lakes for us
say nonpoint source pollution is one of the worst threats. That’s
pollution that doesn’t come out of a pipe but instead is washed from
streets and farm fields… and lawns. Americans use at least three million of tons
of fertilizer on their lawns every year. But the same compounds that make for a lush,
green lawn can make a stinky, slimy mess when they get washed into lakes and rivers.
Sarah Hulett looks at efforts to limit the amount of lawn chemicals that make their way
into the waterways:


When newspaper headlines decried the death of Lake Erie in the 1970’s, Americans got
familiar with a new enemy of the environment. Scientists named phosphorus the major
culprit in the lake’s decline. And the reaction went a long way toward cleaning up the
lake: billions of dollars went into upgrades for wastewater treatment plants to reduce
phosphorus from sewage. And phosphate detergents have been mostly phased out of use.


But now that regulators have gotten a handle on the phosphorus coming from the most
obvious sources, they’re left with a much more difficult task: reducing phosphorus from
countless smaller sources that together add up to a lot of pollution.


One of those sources is lawn fertilizer. And Glenn Short says it’s easy to see what
happens when that fertilizer gets washed into the lake where he lives.


(sound of ducks quacking and waves)


“You have this, like, green slime floating all over the top of the lake water. Just pops up
everywhere and it can fill the entire lake surface – especially in the calmer bays. It can be
just miserable for swimming and things like that.”


Short sits on the board of the Lake Sherwood Association, in southeast Michigan. His
neighbors asked him to lobby the township to pass a ban on phosphorus fertilizer to
reduce the algae that takes over the lake in the summers. But he says at first, he was
reluctant to do it.


“I’m like any other homeowner. I don’t want government telling me what to do with my
own property. If I want a really nice lawn, I felt that I should be able to have one.”


But he started doing some research. And he found that enough phosphorus will
eventually kill a lake.


“Over a period of time, you get more and more organic material growing, you kill it off,
you just start filling up your lake. And eventually you have no lake anymore. You just
have a wetland. Well, I like my lake. I mean, I live on a lake. I like to use my lake.”


So Short drafted an ordinance to ban fertilizers containing phosphorus, and his township
board passed it. Several other local governments in the region have also enacted limits or
outright bans. And the state of Minnesota has statewide limits on phosphorus fertilizers.


It’s an approach the landscape industry calls unnecessary.


Gary Eichen is with Mike’s Tree Surgeons in southeast Michigan. It’s a company that’s
signed onto an initiative aimed at environmentally responsible lawn care.


(sound of spreader)


The company uses zero-phosphorus fertilizer on almost all the lawns it treats. Back at the
office, Eichen says the problem isn’t the chemicals – it’s that most homeowners don’t
know how to use them.


“They purchase from a source that is not educated in what the products are. He goes
home and starts going through this giant label on the back, and most of it might as well
be Egyptian hieroglyphics. He has no idea. So he ends up over-applying or incorrectly
applying.”


Eichen says there would be far fewer problems with runoff if homeowners left fertilizing
to the professionals. And he says it’s tough for the experts to stay in business when
there’s a patchwork of local ordinances to regulate chemicals like phosphorus.


But that’s exactly what the Environmental Protection Agency is asking communities to
do. Brad Garmon of the Michigan Environmental Council says that kind of bottom-up
regulation presents some challenges.


“It’s very difficult to see what’s working and what’s not, and to chart success. And I
know that a lot of the state programs are re-evaluating right now to see if the approach
they’ve been using over the last five or ten years has been working.”


It’ll take at least another five to ten years for Glenn Short to see the results of his
community’s phosphorus ban. The lake he lives on is part of a river system that
eventually dumps into Lake Erie. But he says just like that Great Lake, it’ll be worth the
wait and the effort to see his small lake bounce back to health.


For the GLRC, I’m Sarah Hulett.

Related Links

Legal Battles Over Oil and Gas Drilling

  • Oil drilling rigs similar to this one are popping up all over northeastern Ohio, and many residents and local governments are opposed to the drilling. (Photo by Tammy Sharp)

In some states, local governments have been able to stop developments they thought might be bad for the area or damaging to the environment. But across the nation, state governments have been taking some of those decision-making powers away from local governments. The latest battle is over drilling for oil and natural gas. The Great Lakes Radio Consortium’s Julie Grant reports:

Transcript

In some states, local governments have been able to stop developments they thought might be bad for the area or damaging to the environment. But, across the nation state governments have been taking some of those decision-making powers away from local governments. The latest battle is over drilling for oil and natural gas. The Great Lakes Radio Consortium’s Julie Grant reports:


A year ago Joel Rudicil, owner of Bass Energy Company, couldn’t drill an oil and gas well in Mayfield Heights, Ohio. He had a property owner with more than twenty acres who was willing to deal. But city officials would not permit it.


“I had met with city council here on many occasions dating back to 1998 and they simply did not want well-drilling to occur in their community. So we were really at a point of just walking away from this opportunity, or litigation.”


Instead, he joined the oil and gas industry to lobby for a bill that would take authority to regulate drilling away from local communities.


(Sound of pounding)


Today, his workers are placing piping down well number three on the Knollwood Cemetery property in Mayfield Heights. Once the oil and gas bill became law last fall, all local laws pertaining to oil and gas drilling were scrapped and the state took sole authority.


“In our case, we’ve drilled 28 wells since the bill was signed into law.”


Eight of the communities where Bass Energy dug those wells had had regulations or outright bans on oil and gas drilling.


“Of those 28 wells that I just mentioned, we would not have been able to drill 20 of those wells.”


Mayfield Heights has become the poster child for Ohio’s battle for control of oil and gas drilling. Margaret Egensperger is the city’s mayor.


“Our area’s all built up here. Anywhere you’re going to build a well, you’re going to hurt our residential areas.”


Northeast Ohio is the most densely populated part of the state, but also has much of the oil and gas companies want to extract. Mayor Egensperger says one of the wells Bass Energy dug at Knollwood Cemetery was next to townhouses, condominiums, and the street.


Egensperger: “And they are right up by the condos and the noise was absolutely awful. I believe they drilled for 5 or 7 days there. We have a noise ordinance. The city was told that if, once they start to drill, if we stop them, that we’d have to pay 5-thousand dollars a day. So, of course we didn’t enforce the noise ordinance. That’s a lot of money.”


Niehaus: “It is what’s called state pre-emption…”


Republican state senator Tom Niehaus sponsored the bill that gives the authority to the Ohio Division of Mineral Resources.


Niehaus: “The state has exercised its right to say that this is an important state resource. I personally feel, and my fellow legislators felt, that the state division was in the better position to evaluate whether or not drilling should be permitted in certain areas.”


Grant: “What to do you say when they say ‘we know our issues, we know our citizens, we know the land here and our planning better then the state could ever know it’?”


Niehaus: “I probably would agree that they know their local community better, but I would argue that they do not know the best way to tap the natural resources that exist underneath the land.”


Many local governments are like Mayfield Heights; they want to fight the state law in court, but worry it would cost too much money.
Some homeowners are also concerned that oil and gas wells will reduce their property values. But the oil and gas industry feels there are bigger issues at stake. Tom Stewart, Director of the Ohio Oil and Gas Association, says the nation needs energy.


“And you see how emotionalism is stifling what we need to do in this country to find the energy sources we need. And obviously we’re not doing the job, because you’re paying $2.30 for a gallon of gas. Right? We’re not doing the job. And we’re fighting wars. Meanwhile, we have this wonderful resource base in the United States, and every hole is a fight.”


It’s arguable whether the relatively small amount of natural gas or oil reserves left in the continental United States will make any real difference in the price of gasoline at the pump. Many city officials believe the trend tonward bigger government control will have much larger costs.


For the GLRC, I’m Julie Grant.

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Asian Carp Barrier Escapes Budget Cuts

  • The Army Corps of Engineers' new barrier will be similar in design to the demonstration project in place now. (Diagram courtesy of USACE)

The war against terrorism nearly led to a biological invasion of the Great Lakes. The Army Corps of Engineers was struggling to find money for a barrier to stop Asian carp from getting into the Great Lakes. It wasn’t until a strong letter from 24 members of Congress was sent to the Corps that the money was found. The Great Lakes Radio Consortium’s Lester Graham reports:

Transcript

The war against terrorism nearly led to a biological invasion of the Great Lakes. The Army
Corps of Engineers was struggling to find money for a barrier to stop Asian carp from getting into
the Great Lakes. It wasn’t until a strong letter from 24 members of Congress was sent to the
Corps that the money was found. The Great Lakes Radio Consortium’s Lester Graham reports:


Asian carp have already invaded the Mississippi River system and they’re making their way
toward the channel that connects the Mississippi basin to the Great Lakes basin. The big fish is a
poster child for alien invasive species. It leaps out of the water, sometimes even hitting and
hurting boaters. It competes with native fish. And it’s feared that it would wreak havoc on the
Great Lakes fishery and the ecology of the lakes if it ever gets through to them.


South of Chicago, a barrier that electrifies the water is in place in the connecting channel between
the Mississippi system and the Great Lakes. It shocks the fish and seems to stop them from going
any farther. But that barrier is just a temporary demonstration project. So Great Lakes officials
were pleased when the Army Corps of Engineers announced it would build a permanent barrier.


Michael Donahue is President and CEO of the Great Lakes Commission. The organization
lobbies for the eight Great Lakes states.


“Most invasive species we find out about after the fact, once they’re in the system, they’re
established and the damage is being done. In this instance we know who the enemy is, where
they’re at, what pathway they plan to take to get into the lakes and what we need to do to stop
them.”


So environmentalists, anglers, conservationists and scientists all believe stopping the Asian carp
from getting into the Great Lakes is a pretty good idea.


Stuart Ludsin is a research scientist with the National Oceanic and Atmospheric Administration’s
Great Lakes Environmental Research Lab. Ludsin says we don’t know exactly how the Asian
carp will affect the Great Lakes… but we don’t want to find out either…


“We certainly do not want to let other exotic species into the system for fear of the economic and
ecological consequences that can come from an invasion.”


Sport fishing enthusiasts don’t need to know exactly what the Asian carp will do to the Great
Lakes. Jason Dinsmore is a resource policy specialist with the Michigan United Conservation
Clubs. Dinsmore says it’s pretty clear the Asian carp won’t be good for anglers.


“Our big concern is: these fish eat what our fish eat, I guess is the best way to look at it. These
large predatory fish are planktovores which means that they eat very small organisms that our fish
like, you know, juvenile perch will depend on. And if they’re out-competing the juveniles of our
sport fish, our sport fish will look to take a hit in overall numbers which means there’s going to
be less for our anglers to catch.”


So, there’s no problem, right? The Army Corps plans to build it. Everyone seems to think it’s a
good idea. But then the Corps couldn’t find the money for it. Chuck Shea is the project manager
for both the demonstration fish barrier and the new permanent fish barrier that’s being planned.


“Earlier in the month of February we didn’t have the full funding allocated to the project. The
project was not dead in any way. We were still working internally to try to find the money.”


The four-point-four million dollars to build the electric barrier to keep the Asian carp out of the
Great Lakes was to come from a 25-million dollar fund that the Corps uses for projects not
specifically authorized by Congress. It’s discretionary money. But this year money is tight and
with money being used for projects in Iraq and Afghanistan, it wasn’t clear the Great Lakes fish
barrier could get the money from the fund.


“The war on terror and homeland security issues are creating new demands on the budget, in
particular for the Army. The Army is heavily involved in supporting the war on terror and
homeland security and that does affect the budget overall, yes.”


That’s when 24 Members of Congress from the Great Lakes region stepped in. They signed off
on a letter calling for the immediate funding of the fish barrier project and started making calls to
the Army and anyone else who had influence on funding the project.


It looks as though the political lobbying might have worked. The Corps issued a news release
which indicates the corps expects to start construction of the second barrier this summer,
completing it this fall. In the meantime, the temporary barrier will keep running, hopefully
deterring the Asian carp from making it to the Great Lakes.


The Great Lakes Commission’s Michael Donahue says everyone hopes the barrier is completed
in time to stop the Asian carp because it’ll will cost a lot if it’s not.


“And instead of spending a few million dollars to prevent the invasion, we could be spending a
few hundred million dollars to deal with it once the Asian carp is established.”


The next challenge is finding money to rebuild the first electrical barrier and make the temporary
barrier permanent as well, backing up the new barrier in case it fails or needs to be shut down for
maintenance. No one wants to think about what might happen if the temporary barrier would
fail now before the permanent barrier is built. The Asian carp has been spotted as close as 20
miles from the barrier and only 50 miles from Lake Michigan.


For the Great Lakes Radio Consortium, this is Lester Graham.

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