January 7, 2008

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We’ll update you every other week with tidbits and observations carefully gleaned from the halls of the Capitol.

Day One? Take Two.

While all of us at Environmental Advocates of New York know better than to guess what will happen during any state legislative session—the political process is unpredictable—we thought it might be fun to make some predictions for 2008.

Please note that while most of our predictions are serious, a couple aren’t. It should be easy to tell the difference.

1. Mind the gap. What will determine the success or failure of all things green and not so green? Money. New York is facing a big (and yes, recurring) gap between the resources needed to operate the state and the money available to meet those needs.

Recent estimates are that New York is facing a deficit of more than $4 billion in an election year. ouch. And the message that Governor Eliot Spitzer and his Budget Director are sending state agencies is that it's time to tighten belts.

2. More staff. That being said, we predict that the ste's Department of Environment Conservation will be one of the few agencies to get some additional staff for the third happy year in a row. As Environmental Advocates of New York has documented in our endangered Agency reports, staff shortages at the state's environmental agency are hurting the health of our air, land and water.

3. Energy victory! The New York Legislature will ease overly restrictive net-metering policies. We've called on state lawmakers to make it easier for consumers to sell the excess power they generate back to the grid, a practice known as net metering. Net Metering encourages clean energy investment and development and New York's outdated laws could hurt renewable energy expansion in the state.

4. Late budget. We hate to be the bearer of sad tidings, but we predict a later-than-usual budget this year. All streaks must come to an end.

5. $$ Broom. While a law was passed last year tat will increase that state's primary source of environmental funding, the Environmental Protection Fund (EPF), to almost $300 million by 2010, we predict that we'll spend more than a little time fighting to keep EPF resources from being transferred to plug that big bad budget gap.

6. RGGI $$$. Our crystal ball says that preliminary auctions of carbon dioxide allowances under the Regional Greenhouse Gas Initiative (RGGI) will raise tens of millions of energy efficiency and renewable energy development.

7. Clean water. Here's hoping the Department of Environmental Conservation sees fit to scrap its flawed policy of reviewing only a miniscule number of water pollution permits ach year.

8. Great Lakes! Great Life! We are ready to go on record and predict that the Great Lakes Compact will pass this year. I know what you're thinking, didn't the Senate and Assembly pass this in 2007? And you're right, they did. However, the passed slightly different versions of the measure for reasons we won't bore you with,

9. Fight! Governor Spitzer and Senator Bruno get into a wrestling match after a heated debate about who loves New York (especially Upstate) more.

10. Polar Bears. Two homeless polar bears are seen rowing a boat down Lake Champlain on their way to file a lawsuit against the EPA. You heard it hear first.  

Game On. States Fight Back.  

Last week New York and 14 other states joined a lawsuit filed by California against the U.S. Environmental Protection Agency (EPA) challenging the agency’s recent decision to block California rules to curb climate-altering greenhouse gas emissions from new cars and trucks.

The California rules would have made big cuts in global warming pollution across the country. Dozens of states were watching the case and ready to adopt their own cleaner emissions standards.

And under the federal Clean Air Act, states have the right to set their own standards on air pollutants, but must receive a waiver from the EPA to do so. However, back in December, the EPA denied California's waiver request. The decision marked the first time the agency denied such a request in the last 40 years. 

The short story is that the EPA gutted this multi-state and multi-year effort and set back states’ efforts to address climate change, efforts that are only necessary because of the complete lack of federal action on the issue.

The California standards would reduce emissions from cars by as much as 30 percent by 2016. New York adopted California’s standards back in 2005, and at least 15 other states have either adopted or plan to adopt the California standards, too.

So the latest lawsuit, which seeks to reverse the EPA decision, was filed in the United States Court of Appeals for the Ninth Circuit last week. States and state agencies joining New York and California include Massachusetts, Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, New Jersey, New Mexico, Oregon, Pennsylvania Department of Environmental Protection, Rhode Island, Vermont, and Washington.

We are hoping for a green outcome for this battle in the end and will keep you posted.

Thank You.   

Almost three months ago, Environmental Advocates of New York reached out to you and asked you to call on Commissioner Pete Grannis at the Department of Environmental Conservation (DEC) and ask him to strengthen the rule to guide our state’s role in the Regional  Greenhouse Gas Initiative (RGGI).

We wanted the DEC to know that New Yorkers—and not power plants—should have a voice in ensuring a strong rule for the state. 

And thousands of you responded. Thank you for your emails, postcards and personal messages. Your voices were heard loud and clear.

The DEC is likely to release the final rule this spring and the RGGI will start up next year, making New York part of the country’s first mandatory plan to cut climate-altering emissions from power plants.   

This is a great first step to address the threats of climate change. We’ll reach out to you soon about more steps that we can all take (New York State included) to reduce our carbon footprint.