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AT: K ............................................................................................................................................................................................. ..2

AT: Biodiesel Tax Credit is extra topical ......................................................................................................................... ...............3

Solvency XT’s ............................................................................................................................................................................. ....5

DOD Delegation Counterplan......................................................................................................................................... ...............10

A2: Excluding CA is solvency deficit..................................................................................................................... .......................16


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AT: K

( ) NO LINK--PLAN IS A MOVE TOWARDS SUSTAINABLE DEVELOPMENT WHICH


FUNCTIONS OUTSIDE OF THE ECONOMIC FRAMEWORK THE K INDICTS
Allen in 1 [Allen, W.J., PhD (Development Studies 2001, CHAPTER 2, The role of adaptive environmental management within
sustainable development, Working together for environmental management: the role of information sharing and collaborative
learning]

The need for new approaches to


environmental policy and ecosystem management has
emerged in line with the evolving concept of 'sustainable development'. Over the past
three decades, 'development theorizing has progressed beyond economic parameters based
on gross domestic product (GDP) per capita growth, and even the conventional social indicators of literacy, life expectancy and
caloric intake ... interventionist frameworks now regularly include such dimensions as sustainable environmental practices,
gender equity, respect for human rights and participatory governance' (Beemans 1996). While
conventional
approaches to agriculture have in the past tended to employ narrow economic or
productivity criteria to measure their success, today the questions have been
broadened to simultaneously evaluate the health of relevant systems in terms of
ecology, ethics and equity (Dahlberg 1991 p. 338).
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AT: Biodiesel Tax Credit is extra topical


1. WE MEET: The purpose of the biodiesel tax credit is to fund alternative fuel not wholly derived from crude oil. This is our
case.

2. WE MEET: our plan has no advantages derived from the use of any fuel other than fuel derived from algae
3. Counterinterpretation-

AS DEFINED IN THE BIODIESEL TAX CREDIT


The term ‘biodiesel’ means the monoalkyl esters of long chain fatty acids derived
from plant or animal matter which meet ‘‘(A) the registration requirements for 20 fuels and fuel additives
established by the Environmental Protection Agency under section 211 22 of the Clean Air Act (42 U.S.C. 7545), and 23 ‘‘(B)
the requirements of the American Society of Testing and Materials ‘‘(2) AGRI-BIODIESEL.—The term ‘agri-biodiesel’ means
biodiesel derived
solely from virgin oils, including esters derived from virgin vegetable
oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds,
safflowers, flaxseeds, rice 6 bran, and mustard seeds, and from animal fats.

AND, POPULAR PRESS


UC Berkeley News in 7

http://berkeley.edu/news/media/releases/2007/02/01_nrg-glossary.shtml, UC Berkeley News, February 2, 2007.

A fuel derived from sources such as vegetable oils that is the equivalent of diesel
refined from petroleum; diesel has a higher energy density than gasoline. A variety of oils serve as a
source of biodiesel including rapeseed, soybean, and even waste vegetable oil.
Other crops that show promise include mustard, flax, sunflower, canola, and even algae.

EXPERTS
Dr. Michael Briggs, Professor University of New Hampshire Physics Department, 2004

http://www.unh.edu/p2/biodiesel/research_index.html,

Biodiesel consists of three principal feed stocks;

1. Oil: Glycerides are commonly known as oils or fats, chemically speaking these are
long chain fatty acids joined by a glycerin backbone. They appear most often with three fatty acid
chains connected to the glycerin, making them trigylcerides. The triglyceride resources most frequently used and specific to this
experiment, are virgin soybean oil, or recycled cooking oil In
the US, the primary triglycerides used
currently for biodiesel production are soybean oil and waste vegetable oil (which is often
used soybean oil). Used cooking oil when heated becomes hydrogenated, meaning the double bonds within the ester chains were
broken into single bonds with two more hydrogen’s attachedDuring the process of being used in fryolators, some of the
triglycerides are broken apart into mono or diglycerides, leaving free fatty acids (FFAs) in the oil. To counter this, additional
catalyst must be added according to the acidity of the specific oil, since the FFAs will bond with and neutralize some of the alkali
catalyst.
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2. Alcohol: Although a variety of alcohols can be used to produce Biodiesel, such as, ethanol or butanol, this experiment will
focus on methanol as it is most readily available, and most frequently used (the reaction is
also more complicated with larger alcohols, which will be explained later). Therefore the Biodiesel produced is referred to as
methyl esters. Methanol is one of the most common industrial alcohols; because of its abundant supply it’s most often the least
expensive alcohol as well.

3. Catalyst: the third reactant needed is a catalyst that initiates the reaction and
allows the esters to detach. The strong base solutions typically used are sodium
hydroxide (NaOH) and potassium hydroxide (KOH)

4. WE MEET OUR INTERPRETATION WE USE ALGAE TO PRODUCE HIGH DENSITY OIL FOR BIODIESEL

5. OUR OFFENCE TO THEIR INTERPRETATION


1. Over limit—the negative definition over limits the topic by excluding biofuesl that are mixed with gasoline—this
would mean that we would debate wind, solar, geothermal, and hydro-power all season not very interesting

2. Misinterpretation: Their interpretation uses the mixture to prove that we are not topical. In essence they argue that
since kerosene and gasoline are added to the bill then we must cover those. That interpretation would exclude cases like flex
fuels, any alternative fuel,

3. Destroys policy education—their interpretation would mean that we would not ever get to advocate Congress
adopting a bill on the topic. This would jack true policy education which outweighs any of their fairness or competitive equity
claims.

4. Justifies PICS and pics are bad they steal aff ground, are infinitely regressive, and

6. REASONS TO PREFER OUR INTERPRETATION


1. LITERATURE PROVES—the literature all goes affirmative on this question

2. CONGRESS AGREES—the only thing we have to defend is the section of the bill that is the tax credit-everything
else is irrelevant and congress agrees with our interpretation. Cross apply our Coleman evidence from the case.

3. FIELD CONTEXTUAL EVIDENCE IS BEST—Briggs is a PhD. In the field of biochemistry working on


developing alternative fuels.

7. Competiting Interpretations is bad


A. FORCES JUDGE INTERVENTION—forces the judge to punish us for something we did not do.

B. RACE TO THE BOTTOM—no matter how topical the affirmative is they will just find another definition that
excludes us.

8. Reasonability—the affirmative need to only be a reasonable interpretation of the resolution Best for debatability, clash,
education, affirmative creative, small school participation, and ground.
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Solvency XT’s
Using algae as a fuel source is absolutely necessary for the future of the aviation industry

Science Letter 08

Science Letter, July 8, 2008, (Coalition of Visionary Airlines and Leading Fuel Technology Innovator Join
World's First Global Algae Trade Association to Advocate for Further Development as Sustainable Fuel
Source)

"There is significant interest across multiple sectors in the potential of algae as an energy
source and nowhere is that more evident than in aviation," said Billy Glover, ABO co-chair
and managing director of Environmental Strategy for Boeing Commercial Airplanes. "Air
transportation is a vital contributor to global economic prosperity, but is being threatened
by record rises in fuel costs. Together we recognize that algae have the potential to help
offset those fuel costs, while also contributing to improved environmental performance for
the aviation industry."
Boeing and leading airlines are stepping forward to help commercialize sustainable, next-
generation biofuels for use in commercial jetliners, with algae being one of the plant-based
fuel sources being explored. Air New Zealand, Continental, Virgin Atlantic, Honeywell's
UOP, and Boeing will work together through the ABO to generate more sustainable fuel
options by pushing for long-term innovation and investment in algae as an energy form.
Air New Zealand Deputy Chief Executive Norm Thompson says the Algal Biomass
Organization will play a pivotal role in the development of more sustainable fuels for
aviation. "No one airline, research organization or scientific group holds the key to making
air travel more environmentally sustainable. It must be a collective effort across research
organizations, aircraft and engine manufacturers, fuel companies, refiners and airlines.
Therefore, we are naturally delighted to be at the forefront of this latest effort to take
aviation into a greener future," says Mr. Thompson.
"Algae really could be a solution to help airlines produce lower carbon emissions.
Crucially, it is a source of fuel which doesn't lead to deforestation or the taking away of
land or water from the cultivation of essential food crops," said Virgin Atlantic President
Sir Richard Branson. "Virgin Atlantic is delighted to be supporting the work of the Algal
Biomass Organization in building knowledge of this innovative new technology, and
accelerating the commercialization of algae to help produce a more sustainable aviation
industry."
"The use of algae and other second-generation feedstocks is absolutely necessary to
achieve long-term, sustainable biofuels," said Jennifer Holmgren, director of UOP
Renewable Energy and Chemicals. "The efforts of companies like Boeing, Air New
Zealand, Continental and Virgin Atlantic Airways will help to bring the focus and effort
that is needed to ultimately make these resources a commercial reality."
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Algae prevents increases in food prices and deforistation

Science Letter 08

Science Letter, July 8, 2008, (Coalition of Visionary Airlines and Leading Fuel Technology Innovator Join
World's First Global Algae Trade Association to Advocate for Further Development as Sustainable Fuel
Source)

"Algae really could be a solution to help airlines produce lower carbon emissions.
Crucially, it is a source of fuel which doesn't lead to deforestation or the taking away of
land or water from the cultivation of essential food crops," said Virgin Atlantic President Sir
Richard Branson. "Virgin Atlantic is delighted to be supporting the work of the Algal Biomass Organization
in building knowledge of this innovative new technology, and accelerating the commercialization of algae to
help produce a more sustainable aviation industry."
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( ) Comparatively, Algae is the best biodiesel and reduces green house gasses.

Weisser 08

Rebecca Weisser, June 28, 2008, Weekend Australian, (Algae bioreactors show another way to fuel cars -
SUSTAINABLE INVESTMENTS - SPECIAL REPORT BUSINESS AND ENVIRONMENT SERIES-Lexis
Nexis)

AN Australian company may be the first in the world to commercialise an algae


bioreactor that can
strip carbon dioxide emissions from the flues of coal-fired power plants and convert them
into high quality diesel for cars.
Peter Edwards, grandson of Victor Smorgon, one of Australia's most successful industrial entrepreneurs and
managing director of the Victor Smorgon Group, a privately-owned company with a 75-year history of
manufacturing and recycling, says he is on the verge of moving from a laboratory-scale trial to a pilot
project. The trial has been operating at Hazelwood power station in Victoria, comparing growth and survival
rates of different types of micro-algae in different types of water -- waste, potable or ground water.
``We have just got a pilot plant up and running in January, and if it performs according to expectations we
could go into commercial production within 18 months.''
There are about 1000 hectares of land around Hazelwood that could be used to grow algae, and Edwards
hopes to produce 100 million litres of biodiesel a year.
At $800 to $1000 per tonne for biodiesel, carbon dioxide may come to be seen as a valuable input rather than
a dangerous waste product.
``We've had a lot of enquiries from companies wanting to clean up their emissions'' Edwards says, ``but we
want to get the bioreactors operating at Hazelwood before we do anything else.''
Edwards says that algae bioreactors could be installed at any plant that produces carbon emissions, such as a
brewery or ethanol plant.
The implications are enormous for greenhouse gas abatement and energy independence.
Algae bioreactors have the ability to convert up to 85 per cent of the carbon dioxide
emissions into oxygen using the simple and natural process of photosynthesis, and although
they can only do it in the presence of sunlight, emissions could potentially be stored at night and used in the
day.
All living plants convert carbon dioxide into oxygen through the process of photosynthesis, but the difference
with algae is that it grows much faster than other plants and thrives in a carbon dioxide-rich stream of
emissions.
Algae have great benefits compared with other biofuel crops such as corn, sugar cane, canola or
palm oil. For a start, algae produce far greater quantities of oil -- up to 50 per cent oil in some
types of algae. They can be harvested daily to produce around 100,000 litres of oil per
hectare per year. A hectare of canola or palm oil produces only a fraction of that -- from 1000 to 5000
litres per year.
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( ) Algae doesn’t require land used to produce food, and it can purify water.

Weisser 08

Rebecca Weisser, June 28, 2008, Weekend Australian, (Algae bioreactors show another way to fuel cars -
SUSTAINABLE INVESTMENTS - SPECIAL REPORT BUSINESS AND ENVIRONMENT SERIES-Lexis
Nexis)

A second advantage of algae is that it doesn't require either arable land or potable water
like other biofuels, which compete with food crops for these scarce inputs. Algae can grow
in salt or even contaminated water, sometimes purifying that water.
Far from taking up valuable farming land, algae can grow in plastic bags hanging up like washing around any source of carbon dioxide
emissions such as a power plant, brewery or cement factory. All they basically require is sunlight, carbon dioxide and some nutrients.

When it comes to processing, algae is also much easier to break down into oil because it doesn't have a starchy celloluse structure like
other plants. As an added benefit algae bioreactors also reduce nitrous oxide by 86 per cent.

VSG is already licensed to produce biodiesel from animal fats, canola oil and recycled cooking oil collected from fast-food outlets,
restaurants and industrial cooking enterprises, but algae could end up dwarfing current sources of biodiesel.

VSG has licensed the experimental technology from GreenFuel Technology, a company based in the US and which has more than a
dozen pending patents on its algae bioreaction systems.

GreenFuel is the brainchild of Isaac Berzin, who was a rocket scientist at Massachusetts Institute of Technology. It was while working
on an experiment to grow algae at the International Space Station that he thought of using it to clean up power plants.

GreenFuels is involved in a number of ``emissions to biofuels'' pilot projects -- in the US with Arizona Public Service at their Redhawk
1040MW power plant, in Europe with IGV, a private industrial research institute headquartered in Potsdam, Germany and in South
Africa.

``We are working co-operatively with our partners and are in touch about once a week comparing results. The pilot we will build in
Australia is a fourth-generation algae bioreactor. We've benefited from all the research that the other partners have done.''

The Australian Government and the coal industry have invested in carbon capture and storage, in which carbon dioxide is captured and
stored in geological formations, but an algae bioreactor would be much cheaper to install. Power plants and industrial facilities would
require no internal modifications to host an algae bioreactor. Although the algae would have to be stored to sequester the carbon
emissions, using biodiesel made from algae would still dramatically reduce greenhouse gas emissions and reduce the need to burn fossil
fuels for transport.

Tom Beer, stream leader for transport biofuels at the Energy Transformed Flagship at CSIRO is undertaking a scoping study on biodiesel
made from algae.

``I'm beginning to believe this is going to be quite important for Australia'' he said. ``Other
food crops that are grown
for fuel have equity implications. How do you justify using food for fuel when people are
starving or suffering malnutrition? But algae doesn't compete for land or water suitable for
food crops.'
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( ) Algae is the easiest biodiesel to break down into oil.

Weisser 08
Rebecca Weisser, June 28, 2008, Weekend Australian, (Algae bioreactors show another way to fuel cars -
SUSTAINABLE INVESTMENTS - SPECIAL REPORT BUSINESS AND ENVIRONMENT SERIES-Lexis
Nexis)

When it comes to processing, algae is also much easier to break down into oil because it doesn't have a
starchy celloluse structure like other plants. As an added benefit algae bioreactors also reduce nitrous oxide
by 86 per cent.

VSG is already licensed to produce biodiesel from animal fats, canola oil and recycled cooking oil collected
from fast-food outlets, restaurants and industrial cooking enterprises, but algae could end up dwarfing current
sources of biodiesel.

( ) Algae is cheaper to install, reduces green house gasses, and mitigates the need to
use fossil fuels.

Weisser 08
Rebecca Weisser, June 28, 2008, Weekend Australian, (Algae bioreactors show another way to fuel cars -
SUSTAINABLE INVESTMENTS - SPECIAL REPORT BUSINESS AND ENVIRONMENT SERIES-Lexis
Nexis)

The Australian Government and the coal industry have invested in carbon capture and storage, in which
carbon dioxide is captured and stored in geological formations, but an algae bioreactor would be much
cheaper to install. Power plants and industrial facilities would require no internal modifications to host an
algae bioreactor. Although the algae would have to be stored to sequester the carbon emissions, using
biodiesel made from algae would still dramatically reduce greenhouse gas emissions and
reduce the need to burn fossil fuels for transport.
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DOD Delegation Counterplan


TEXT: THE DEPARTMENT OF DEFENSE WILL BEGIN OFFERING LONG-TERM CONTRACTS OF 25 YEARS FOR
BIOFUEL, SPECIFICALLY COAL TO LIQUID.

THE COUNTERPLAN SOLVES THE CASE :

THE DOD CAN STIMULATE LONGTERM GROWTH IN THE INDUSTRY BY OFFERING THEM CONTRACTS
THEMSELVES

Sarvana in 6[Adam Sarvana is associate editor of Defense Environment Alert. This article first appeared on
InsideGreenBusiness.com. http://www.military.com/features/0,15240,100140,00.html]

The Defense Department is asking companies to submit proposals for supplying 200
million gallons of alternative or synthetic fuel in anticipation of major field tests of
vehicles and vessels by the Air Force and Navy in 2008 and 2009. The field tests are part of a
broader effort by the Pentagon to reduce its dependence on foreign oil with cleaner-burning fuels that would reduce its
greenhouse gas emissions.

The request was issued by the Defense Logistic Agency's Defense Energy Support Center (DESC), which oversees the Pentagon's
fuel purchases, to test the military's interest in a technology known as "Fischer-Tropsch," which converts coal or natural gas into
liquid fuel. The notice is intended to prompt information submissions on potential uses and will not lead to an immediately
binding contract, a DESC source says.

But the request could have a major impact on the alternative fuels market if the military decides to move forward following the
tests because the Pentagon is the single largest buyer of jet fuel in the country.

DOD “seeks to . . . obtain information regarding possible suppliers of synthetic fuel for aviation purposes that meets the Fischer-
Tropsch draft synthetic fuel specification for delivery to various Air Force and Navy installations for . . . testing and subsequent
use,” according to a May 30 notice posted on the DESC Web site. The Pentagon is “interested in long-term
prospects for the manufacture and supply of aviation synthetic fuels in increasing
quantities, with an emphasis on domestic industrial capability and feed stocks,”
according to the notice.
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COUNTERPLAN SOLVE
Sarvana in 6[Adam Sarvana is associate editor of Defense Environment Alert. This article first appeared on
InsideGreenBusiness.com. http://www.military.com/features/0,15240,100140,00.html]

There may also be problems finding a supplier, or even a combination of suppliers,


that can satisfy the request for alternative fuels, according to the DESC official.

“No domestic infrastructure can [currently] handle that much” demand, the official said,
adding that the purchase would likely be from a combination of coal-based Fischer-Tropsch fuel and fuel derived from tar sands
and oil shale, which have been eyed by government and industry planners as potential sources of synthetic petroleum. There
currently is no widespread market in the United States for such petroleum alternatives, although the source says “hopefully this
will be an impetus for private industry to use synthetic fuels as well.

"Because the private sector doesn't have the research and development budget we
do, they're waiting to see how our projects go so they can adopt whatever we
develop," the official continued.

An official at Sasol Chevron, a joint venture between California-based Chevron Corp. and South Africa's Sasol Limited, which
already uses Fischer-Tropsch extensively, says “it is too early to know what our response will be” to the request. But the official
notes that “it's the start of a dialog."

"Now people in the private sector can start talking about how to provide this and when. It makes sense to get their infrastructure
going now and [later] have a seamless transition into [long-term] domestic sources when we get them," the Sasol Chevron official
said.
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( ) THE DOD HAS ALREADY SIGNED CONTRACTS TO ENSURE SYNTHETIC FUELS LIKE COAL TO LIQUID IN
ORDER TO SOLVED THEIR DEPENDENCE ON OIL.

Cauthron 06

Matt Cauthron, June 29, 2006, Journal Record Legislative Report. (Tulsa-based Syntroleum signs contract with
DOD to provide fuel for testing-Lexis Nexis)

Syntroleum, a Tulsa-based producer of alternative fuel, announced Tuesday it has signed a contract with the U.S. Department of
Defense to provide 100,000 gallons of synthetic aviation fuel.

The fuel will be used by the DOD for initial evaluation as part of a larger program that will determine the long-term prospects for
the domestic manufacture and supply of synthetic aviation fuels from "Fischer-Tropsch" plants such as Syntroleum. The
Fischer-Tropsch process converts natural gas and coal into liquid synthetic fuel.

"The contract with the U.S. Department of Defense is a significant milestone for Syntroleum," said Jack Holmes, Syntroleum
president and chief executive officer. "Successful completion of this program provides Syntroleum with an opportunity for
other long-term supply contracts. "

Jon Warzel, vice president of business development and government programs for Syntroleum, said language in the
contract precludes him from discussing the terms of the transaction, but said a contract with the U.S. government
significantly strengthens Syntroleum's position in the alternative fuels market.

"For one thing, it shows we're capable of producing fuels that meet (the DOD's) stringent requirements," he said.
"And it shows the marketplace the value of our product. "

The evaluation of Syntroleum's fuel is the first step in the DOD's Assured Fuels Initiative, which will attempt to
reduce the military's dependence on crude oil in favor of fuels that can be produced domestically.

"The potential to produce these fuels from the vast domestic coal resources and the opportunity for long-term supply agreements
with the DOD provides a mechanism for diversifying our nation's energy supply," Holmes said.
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CONSTITUTION DOESN’T PREVENT DELEGATION – NOT A VIABLE ARGUMENT
Kahan, profess of Law @ U of Chicago, 99 (Dan M., Cardozo L. Rev. 795 PG LN)

Democracy critics usually see their arguments against delegation as constitutionality grounded. However, adding the constitution
doesn’t make the democracy critic any more persuasive.

This is especially obvious when democracy is invoked as a trump card in constitutional arguments. The constitutional arguments
for and against delegation are evenly matched: critics point to the Articles I and II Vesting clauses n32 and to Montesquieu’s
classic point to the Articles I and II Vesting proponents to the necessary and proper and clause n34 and to the Framers’
institutional pragmatism as evidenced in the text, the Federalist Papers, and

contemporaneous state practice.n35 at this point critics tend to argue that any uncertainly should be resolved against delegation
on grounds of democracy, since the Constitution is clearly a democratic charter. But this argument is tractionless. Once its seen
that democracy is a contested concept and that delegation simultaneously promotes some conceptions of democracy and impedes
others.

For the constitution to save the democracy critique of democracy, and that conception rules out delegation. But they can’t for two
reasons. First, the structural provisions of the constitution can themselves plausibly be read as embodying competing
conceptions of democracy. The popular election of representatives and (now) senators, for example, attests to the centrality of
pluralist preference aggregation: bicameralism and the president’s participation in legislation through presentment demonstrate
commitment to civic republican deliberation; and, depending on how we conceive of constitutional interpretation, the power of
the judiciary to engage in judicial review preserves communitarianism. Second, as I’ve shown, each conception of democracy is
itself contestable and, in one version or another and in one circumstance or another, comparatively with delegation in all
circumstances requites resorting to some normatively consideration exists, it is that normative consideration, and not any
constitutional principle of democracy that is condemned delegation. If that normative consideration exists, it is that normative
consideration, and not any constitutional principle of democracy that is condemning delegation, If that normative consideration
doesn’t exist – if delegation makes sense, normatively, all other things considered – then no constitutional principle of democracy
can justify not delegating.

DELEGATION IS ENTIRELY CONSTITUTIONAL.


Krent 94 (Farold J., Associate professor Kent-College. March, “Book Review: Delegator and it’s discontents”. Yale University
Law Review, P. Lexus)

In short, Schoenbrod’s constitutional argument is not compelling. The text nowhere demands that Congress be the exclusive
organ to make rules of private conduct, and every Congress including the first has delegated significant authority. The test
Schoenbrod proposes is not, moreover, congruent with the logical underpinnings of his constitutional view, because his test
permits significant rule-making by both agencies and courts. There are other ways to read the constitutional structure consistently
with the concerns or the founders, and he reading sketched above (through there are other plausible interpretations) leads to a
more flexible approach to separation of powers controversies
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DELEGATION AVOIDS THE CREDIT OR BLAME FOR THE PRESIDENT
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DELEGATION IS WIDELY ACCEPTED AS NECESSARY. THE CONSTITUTION DOES NOT PRECLUDE SUCH
Barber 75 (Sotirios A., U of Chicago, “The constitution and delegation of congressional power”, LN)
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A2: Excluding CA is solvency deficit


There’s no solvency deficit-California is taking the initiative on alternative energy and
global warming on its own in the s quo

Pfannenstiel and Geesman 07 (Chairman and presiding member, Commissioner and Associated Member,
http://www.energy.ca.gov/2007_energypolicy/)

California's vibrant economy is dependent on reliable and affordable supplies of energy. Yet,
fossil-based energy produces greenhouse gases that are the primary contributors to climate
change. California's challenge, like that of the rest of the developed world, is how to maintain its
growth and vitality while decreasing its contributions to global greenhouse gas emissions.
Responding to this challenge, Governor Arnold Schwarzenegger and the California Legislature
placed reducing greenhouse gas emissions at the center of their agendas. Assembly Bill 32
(Núñez, Chapter 488, Statutes of 2006), the California Global Warming Solutions Act of 2006
(AB 32), mandates that California reduce its greenhouse gas emissions to 1990 levels by 2020.

CALIFORNIA WON THEIR CASE ON APPEALS AND NOW CAN REGULATE CO2
Environmental leader in 7 [Fed Judge Says California Can Regulate Auto Emissions December 13, 2007

http://www.environmentalleader.com/2007/12/13/fed-judge-says-california-can-regulate-auto-emissions/

California can set its own standards on greenhouse-gas emissions from vehicles, a federal judge
in Fresno has ruled, The San Jose Mercury News reports. The state still needs permission from
the U.S. Environmental Protection Agency to implement the rules.

This is the second time this year that courts have ruled against the auto industry’s bid to stop
regulation of tailpipe emissions by states. In September, a court decision in Vermont confirmed
that states do have the ability to adopt California’s motor vehicle greenhouse gas emissions
standards. Sixteen states comprising about 45 percent of all U.S. auto sales have adopted, or are
in the process of adopting, California’s standards. The Vermont decision came on the heels of a
U.S. Supreme Court ruling last April saying the U.S. EPA has the authority to regulate
greenhouse gases.

California has filed a lawsuit against the EPA for failing to act on California’s tailpipe emissions
waiver request.

California is the only state that can set its own vehicle pollution standards because it began
regulating air pollution before the EPA’s creation. Under the Clean Air Act, however, other states
can select either California’s rules or federal ones.

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