What’s causing climate chaos across the map?

With tornado outbreaks in the South, Christmas
temperatures that sent trees into bloom in Central Park, drought in parts of
Africa and historic floods drowning the old industrial cities of England, 2015
is closing with a string of weather anomalies all over the world.
The year, expected to be
the hottest on record, may be over at midnight Thursday, but the trouble will
not be. Rain in the central United States has been so heavy that major floods
are beginning along the Mississippi River and are likely to intensify in coming
weeks. California may lurch from drought to flood by late winter. Most serious,
millions of people could be threatened by a developing food shortage in
southern Africa.
But that natural pattern
of variability is not the whole story. This El Niño, one of the strongest on
record, comes atop a long-term heating of the planet caused by mankind’s
emissions of greenhouse gases. A large body of scientific evidence says those emissions
are making certain kinds of extremes, such as heavy rainstorms and intense heat
waves, more frequent.
Coincidence or not, every
kind of trouble that the experts have been warning about for years seems to be
occurring at once.
“As scientists,
it’s a little humbling that we’ve kind of been saying this for 20 years now,
and it’s not until people notice daffodils coming out in December that they
start to say, ‘Maybe they’re right,’ ” said Myles R. Allen, a climate
scientist at Oxford University in 
Britain. 

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Does this NJ enviro lab’s settlement affect your company?


Acting New Jersey Attorney General John J. Hoffman announced earlier this month that Accutest Laboratories will pay the State $2 million to resolve allegations that it deviated from both federal and state requirements for the extraction and testing of certain compounds, thereby submitting false claims to the State and its agencies for payment.



Now, a New Jersey law firm with an active environmental practice is advising its clients and friends to check whether the settlement might affect test results provided to them by Accutest.

In a Dec. 10 news release, the AG’s office said that Accutest, based in Dayton, Middlesex County, provides an array of environmental testing services, including the testing of semi-volatile organic compounds. The State and its agencies – including the New Jersey Department of Environmental Protection (DEP) – have contracted with Accutest to perform a variety of environmental tests in its extraction laboratory.

The allegations central to the  settlement flow from a federal qui tam or “whistleblower” lawsuit filed two years ago by a former Accutest employee. The lawsuit alleged that Accutest violated both the federal and New Jersey False Claims Acts by not following U.S. Environmental Protection Agency (EPA) requirements in the extraction and testing of certain semi-volatile organic compounds.

Specifically,  the Complaint alleged that some line-level technicians in Accutest’s extraction laboratories did not fully comply with Standard Operating Procedures or prescribed methods.

While the bulk of today’s settlement covers False Claims Act damages, a portion — approximately $920,000 — resolves alleged violations by Accutest of DEP Regulations Governing the Certification of Laboratories and Environmental Measurements. Under the agreement, Accutest admits no wrongdoing or liability.

The settlement announced today represents the largest non-Medicaid-related False Claims Act settlement entered into by the State since New Jersey’s False Claims Act took effect in March 2008.

Accutest is a member of a network of environmental testing laboratories across the nation, each with a common parent owner.

In April 2013, former employee Koroush Vaziri field a qui tam action in U.S. District Court in New Jersey alleging the failure of Accutest to follow proper protocols in both its extraction laboratory and its laboratory for the analysis of semi-volatile organic compounds.



In a Dec. 23 alert, the Scarinci Hollenbeck law firm writes of the settlement:

Specifically, the DOJ and NJDEP alleged that Accutest, between January 1, 2011 and December 13, 2013: (1) did not properly extract samples because it did not perform the required number of shakes for water samples; (2) did not wait the required amount of time between shakes of the samples; (3)did not properly spike samples with a known compound as part of the quality control process, (4) performed analyses beyond the scope of its certification, and (5) altered the settings of its gas chromatography/mass spectrometry machines and disregarded calibration protocols.
As part of the settlements, Accutest is paying $3 million to the U.S. Department of Justice and $2 million to NJDEP. Under the settlements, Accutest is also required to notify its affected New Jersey clients of the alleged extraction and certification violations within 30 days, many of whom are expected to include environmental consulting firms.
Posing the question: Does this affect your company? the law firm advises:

If your company relied upon test results that were the subject of the settlements, we suggest that you ask your environmental consultant or environmental counsel to advise whether investigations at your site(s) or project(s) were affected and whether you have any regulatory or contractual exposure relating to the use of that data.


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Porngate scandal continues to roil Pennsylvania politics

“Nothing in Pennsylvania [political] history even comes close to
this drama, with the complexity and ongoing nature of this, the potential
ramifications and multiple moving parts,” said longtime politics watcher
G. Terry Madonna of the ongoing political scandal that’s been dubbed
“Porngate.”



The following piece by Natalie Pompilio,published on December 25 in The Washington Post, updates this tawdry, yet fascinating, story. 

Over the past 15 months, beleaguered Pennsylvania Attorney General Kathleen Kane has released a steady stream of messages retrieved from a state email server that show state officials and employees trading pornographic, racist and misogynistic messages.

There are jokes about rape and sexual assault, photos mocking African Americans and other minorities, and insults leveled at people because of their weight, their sexual orientation or their religion. At least two state Supreme Court justices and numerous officials in the office of the attorney general have been caught in the scandal that has been dubbed “Porngate.”

A small sampling: A photo of a pantsless woman on her knees performing oral sex on a man is captioned “Making your boss happy is your only job.” A picture of a white man fending off two African American men while carrying a bucket of fried chicken reads “BRAVERY At Its Finest.” The sender of the email that shows a group of men engaged in sex included this message to friends, “How friggin gay are you?”
“When you see these emails . . . it’s just a swamp of misogyny, racism, homophobia and white privilege. It taints everybody, especially in the judicial branch,” said Bruce Ledewitz, associate dean of academic affairs and a law professor at Duquesne University School of Law. “Some of these things are really disgusting. You get the impression that every white male office holder in the state is a creep.”
It’s a massive scandal, with a new twist each week, but it has produced little uproar among state residents. Still, those who do pay attention say this epic mess is a disaster for the state’s justice system.

“Nothing in Pennsylvania [political] history even comes close to this drama, with the complexity and ongoing nature of this, the potential ramifications and multiple moving parts,” said longtime politics watcher G. Terry Madonna, director of the Center for Politics and Public Affairs at Franklin and Marshall College in Lancaster, Pa.
One complicating factor in the sprawling scandal is that it is hard to separate the “creeps” from the heroes.
Kane, the first woman and first Democrat elected to that office, faces a criminal indictment for felony perjury and multiple misdemeanors in an unrelated case for allegedly leaking grand jury information to embarrass a political rival and then lying about it under oath.
The odd result of those criminal charges is that the state’s top law enforcement official has had her law license suspended and is fighting efforts in the state Senate to have her removed from office. Gov. Tom Wolf, also a Democrat, has asked her to resign.
Kane, whose office uncovered these scandalous emails through an unrelated investigation, has long maintained she’s innocent of the charges. She has cast herself as a victim of a powerful, political “old boys network,” angry that she’s shared their darkest emails.

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Suspended bee researcher receives ‘courage’ award

A federal entomologist from South Dakota has received an award for civic courage stemming from his complaints about attempts by the U.S. Department of Agriculture (USDA) to block his research.
Jonathan Lundgren
Jonathan Lundgren, a research entomologist at the USDA’s North Central Agricultural Research Laboratory in Brookings, received the Joe A. Callaway Award for Civic Courage, Dana Ferguson reported in the Argus Leader.
The award is given to a few recipients each year who “with integrity and at some personal risk, take a public stance to advance truth and justice and who challenge prevailing conditions in pursuit of the common good.”
Lundgren, 40, said the award could bring additional dialogue about academic and scientific freedom. Lundgren’s receipt of the award comes a month after he filed a whistleblower retaliation complaint with the federal Merit Systems Protection Board against the USDA.
Lundgren published research earlier this year that showed the adverse effects of certain insecticides on monarch butterflies and bees. He said Monday that the USDA attempted to hamper his efforts to publish the research and barred him from speaking with the media about his work. The department also suspended Lundgren for 14 days in August for publishing the report the department deemed “sensitive” and for having errors in travel authorization forms related to his presentation of the report, he said.
In his complaint to the board, filed by the Public Employees for Environmental Responsibility (PEER) on his behalf, Lundgren says he was suspended after lodging a complaint with the Scientific Integrity Officers for the USDA’s Agriculture Research Service. PEER is a national alliance of local state and federal resource professionals.
“There was official effort to stop me from talking about science that was creating inconvenient results,” Lundgren said. “I was sort of forced into filing complaints and standing up for what I thought was right.”
Lundgren said he was surprised by the news that he’d received the award. 
“I was completely blindsided,” Lundgren said. “I’m just an entomologist in South Dakota for goodness’ sakes.”

   
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Surprise! Congress extends renewable energy tax credit


The U.S. solar and wind
power industries will mark the holidays with heightened spirits after receiving
multi-year extensions of their coveted renewable energy tax credits from a
divided Congress, Daniel Cusick reports for ClimateWire.
On Friday, the House and
Senate agreed by significant margins to grant extensions to the 30 percent
investment tax credit (ITC) for solar energy and the 2.3-cent-per-kilowatt-hour
production tax credit (PTC) for wind power. 

Other technologies—including geothermal, marine energy and small
hydropower—received one-year extensions to their 30 percent ITC under the joint
spending and tax measures passed Friday and expected to be signed by President
Obama this week.

[Editor’s Note: President Obama signed the bill on Dec. 18]

The largest beneficiaries of Congress’ year-end gifting were the solar and wind
sectors, both of which will see their tax credits extended to at least the end
of the decade.

“This is one of the
most significant stimulus policies for the renewable sector I’ve seen in the
past 10 years,” said Alex Klein, senior director of renewable power
research at the consulting firm IHS Inc. 

The PTC for wind energy will remain at full strength through 2016, followed by
incremental reductions in value for 2017, 2018 and 2019 before expiring in
January 2020. The ITC for solar will continue at 30 percent levels for both
commercial and residential systems through 2018, then taper off in yearly
increments to settle at 10 percent in 2022. 

“With predictable policies now in place, we will continue advancing wind
turbine technology, driving down our costs and passing the savings on to
American families and businesses in all corners of the country,” Tom
Kiernan, CEO of the American Wind Energy Association, said in a statement.

On a Friday morning
conference call with reporters before the Senate vote on the tax extenders
package, Rhone Resch, president and CEO of the Solar Energy Industries
Association, said the industry group was “pretty excited about what’s
happening here, but we’re not across the finish line yet.”

The finish line came just a few hours later, as the Senate voted 65-33 in favor
of a $1.15 trillion omnibus spending bill and companion $629 billion tax bill
that should keep the government running through September (Greenwire, Dec. 18).

The House of Representatives agreed to the package in an earlier vote of
316-113.

Building a bridge for the Clean Power Plan
In addition to the spending
and tax provisions, Congress also formally lifted a ban on U.S. crude oil
exports, something Republicans and oil-state Democrats had sought.

Experts said the
renewable energy provisions will result in billions of additional dollars in
tax breaks for wind and solar power developers, something many Republicans were
remiss to hand out. At the same time, the extenders should stimulate hundreds
of billions of dollars in new renewable energy investment and help drive the
nation’s transition away from traditional fossil fuels in favor of cleaner
forms of energy, observers said.

Malcolm Woolf, senior vice president for policy and government affairs at
Advanced Energy Economy, a national business group, said, “Investors and
project developers now have the market signal they need for investment,
business growth and jobs in the coming years.”

Several experts noted that one of the benefits of the ITC and PTC extenders is
that they provide a bridge for renewable energy expansion between now and the
first set of state compliance deadlines for U.S. EPA’s Clean Power Plan in
2022. The CPP will require a 32 percent cut in utility-sector carbon emissions
from 2005 levels by 2030, with some states seeing reduction requirements as
high as 45 to 47 percent.

While states will be able to use a variety of approaches to reduce carbon
emissions, experts predict that utilities not already investing in wind and
solar power will begin shifting significant amounts of capital to the
technologies, especially as installation costs continue to fall and issues
around intermittency and grid interconnections are resolved.

“There will be a lot of build in markets where there’s a need for CPP
compliance,” Klein said. “We expect a lot of incremental wind build
in Texas and a lot of growth in solar in the Southeast and the Midwest.”

SEIA’s Resch said, “A big part of what we need to do going forward is help
states understand … the value proposition behind solar energy.”

Julia Hamm, president and CEO of the Solar Electric Power Association, said in
a statement that the five-year ITC extension “will allow for broader participation
and deployment of solar applications across the country, especially in regions
where local markets are less mature.”

Praise for a ‘level of predictability’
Market projections from
SEIA and partner GTM Research indicate the U.S. solar market will add roughly
72 gigawatts of new capacity between 2016 and 2020, pushing the country’s net
solar capacity to more than 100 GW, or roughly 3.5 percent of all electricity
produced in the United States.

Solar sector investment is expected to rise by $40 billion between 2016 and
2020, according to SEIA, and after 2020 should draw an average of $30 billion a
year. Solar employment is also poised to nearly double over the same period, to
roughly 420,000 jobs.

Wind industry officials did offer specific numbers on the PTC extension but
made clear the multi-year deal provides companies “with a level of
predictability needed to keep U.S. factories open while adding new wind
projects to the pipeline.”

Mike Garland, AWEA’s board chairman and CEO of Pattern Energy Group Inc., one
of the nation’s major wind energy developers, said the five-year PTC extension
“will allow us to make more supply commitments and build more projects,
creating more jobs.”

AWEA credits the PTC for spurring a more than 300 percent increase in U.S. wind
power since 2008—from 16.7 GW to 69.5 GW by the third quarter of 2015.

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NJ court strikes down beach access rules, so what now?

As concerns go, it may be farthest from most minds today on Christmas Eve,
but a court ruling this week could have a significant impact on public access
to New Jersey beaches for upcoming summers.



Brent Johnson and Samantha Marcus report in the Star-Ledger that:


A state appellate court Tuesday threw out rules put in place by Gov. Chris Christie‘s administration that opponents argued limited public access to New Jersey’s beaches and waterways.
In the latest chapter of a fight that has stretched on for decades, a three-judge panel ruled that the state Department of Environmental Protection overstepped its authority by issuing the 2012 guidelines, which govern how people are allowed to access the state’s waterfronts. 
The decision favors a pair of nonprofit environmental groups that claimed the rules allowed companies and private property owners to take over swaths of New Jersey’s shorelines and deny access to the public.
Andrea Leshak, a staff attorney for Hackensack Riverkeeper, which filed the suit alongside  with the NY/NJ Baykeeper, said the decision is a victory for beachgoers.
“It will be good for the typical beachgoer in that their public access is not limited by DEP rules,” she said.
The court battle began in 2007, when the DEP under then-Gov. Jon Corzine adopted rules expanding the DEP’s authority allowing more public access to New Jersey’s beaches and waterways.
Those rules were praised by some for creating new access points. However, others, including those in the business community and some shore towns, who have been accused of trying to limit public beach access with limited parking and restrooms were critical.The rules required towns to build parking lots and bathrooms every half mile along New Jersey’s 127-mile coastline. They also required industrial companies that operated on waterfront property and couldn’t provide access to give money to create parks or walkways in other areas.
Avalon, in Cape May County, sued, and a state appellate court agreed the DEP went too far with the bathroom and parking requirements, ruling that the regulations were “not statutorily authorized and therefore invalid.”
In 2012, the DEP under Christie — who defeated Corzine three years earlier — adopted new rules, effectively leaving it up to individual towns to create their own access plans. Hackensack Riverkeeper and NY/NJ Baykeeper filed suit.
The DEP argued in the case that it “has been implicitly recognized as the proper governmental authority to manage lands held in public trust.” 
But on Tuesday, the appellate panel said the DEP didn’t have authorization from the state Legislature to implement the rules.

“DEP was not authorized to promulgate the rules under the public trust doctrine,” Judge Carmen Messano wrote for the panel. “The rules far exceed the Legislature’s limited delegation of authority to DEP under (Coastal Area Facility Review Act) to regulate land uses in the coastal zone.”    

Read the full story here

Not all environmental groups agreed with the ruling.  Wayne Parry of the Associated Press reports: 

Ralph Coscia of Citizens Right To Access Beaches (C.R.A.B.) said no one appears to be in charge of protecting public beach access now.


“The court said DEP doesn’t have the authority to make these rules,” Coscia said. “The next question is if they don’t, who does.”


Tim Dillingham of the American Littoral Society, an environmental group that sided with the department, voiced similar concerns.


“Who will now act as the trustee to protect these interests if not the state Department of Environmental Protection?” he asked. “The decision would appear to create a void, and in the absence of any state leadership, could promote a return to town-by-town and development-project-by-development-project litigation over the public’s ability — or inability — to access the waterfront.”


Groups on both sides of the issue called on the Legislature to clearly define who represents the public’s right to access beaches and waterways. 


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