Entries Tagged as 'Environment and Law'

Alternative Energy: More Research, Information and Funding Needed to Create Viable Wind Farm Energy Program

The push to develop alternative sources of energy continues to gain momentum and has created a sense of urgency among various federal, state and local governmental agencies and private power companies. The Detroit Free Press reported in an article in its Sunday, August 16, 2009 edition that one significant problem of increasing wind and solar energy is the overburdening of the nation’s electrical grid and increasing the threat of blackouts. The funding committed by President Obama to prepare high voltage lines for handling the additional load of alternative energy supply is less than 5% of the 130 billion that power users, producers and the U.S. Energy Department say is needed. The Free Press article quoted John Wellinghoff, Chairman of the Federal Energy Regulatory Commission as stating that “. . . as we add more wind power, the grid will get more stressed and there is going to be a point where the grid can’t handle anymore.” He further stated, “The first thing we need to do is build out transmission capacity.”

With that being said, a full refit of the U.S. grid would cost 13 billion dollars annually over ten years, compared with the 5 billion dollars per year averaged over the last decade according to Rich Lordan of the Electric Power Research Institute, an industry funded research organization located in Palo Alto, California.

The amount utilities will spend is limited by how much consumers are willing to pay for transmission work and alternative energy, said Keith Martin, a lawyer at New York based Chadbourne and Parke, LLP who represent developers of renewable projects. The Department of Energy estimates that a new solar power facility costs three times as much as a coal fire plant of the same size.

Closer to home, the State of Michigan is requesting local municipalities to comment on a Michigan Wind Energy Resource Zone Board (WERZ) report. The WERZ report identifies four regions in the state with the highest wind energy potentials which include many areas where the local economy depends on its national lakeshore, inland lakes and natural beauty in the state. One such location identified in the WERZ report is most of the Leelanau peninsula. The possibility of windmills out in Lake Michigan and on land along the coastline is of great concern to county residents. State Senator Michelle McManus (R-Lake Leelanau) has been quoted as indicating “. . . the biggest concern I have with utility grade windmill farms – either out in the lake or on land – is the impact on our local economy. In Leelanau County, we rely so heavily on tourism and the natural beauty of our area. Windmills would certainly affect the aesthetics here.” McManus further commented that although there is a need to conserve energy and create jobs, “. . .we also need to take care that constructing windmills all over the place could affect our local economy, particularly tourism.”

Local municipalities have been requested to provide input regarding the WERZ report and the deadline for the submission of that input has been extended to September 4, 2009. Many local townships, such an Empire Township in Leelanau County, are seeking wind energy input into scaled down approaches to the alternative energy option by gathering input from their residents regarding the allowance of wind towers producing energy solely for onsite use with height limitations that produce energy solely for onsite use as a special land use with special permission from its planning commission. This approach seems to be the most popular among Leelanau County residents.

In summary, residents seem to be in favor of local use of alternate energy which would be less intrusive with respect to disrupting the natural beauty of the area but yet allow for the supplementing of traditional energy with alternative energy sources for private use.

Our firm will continue to monitor the issues surrounding alternative energy and keep you advised on the relevant issues, both positive and negative, that may affect you as a consumer and/or business owner, as this initiative moves forward.

Dan A. Penning

It’s Not That Easy Being Green

This past weekend we received at our home a booklet of coupons from a national supermarket chain. No big deal; we get them all the time. But this one was different. This particular circular pitched only environmentally friendly products offered by this particular chain.

In a couple of days my wife and I are flying to Denver to attend our daughter-in-law’s graduation from a local college. She will be graduating with a degree in “sustainable design”; a course of study that didn’t even exist all that many years ago.

Beginning some time last year, I began to notice continuing legal education courses being offered on such topics as “Environmental Issues for Business Lawyers” and “Green Building and Sustainable Development.”

So what do these three seemingly unconnected observations have in common? Simply that “green” is everywhere. Terms like “eco-friendly’, “global warming/climate change”, “renewable energy”, “sustainable design” and “carbon footprint” have become part of our daily lexicon. A few years ago we could feel good about ourselves if we separated the glass from the paper and metal in our curbside recycle bins. Unfortunately (or, perhaps I should say, fortunately) that’s not enough anymore, and never will be again.

So what does any of this have to do with the practice of law you might ask? The answer is “more than any of us can possibly imagine.” A recent presenter at a seminar I attended referred to the legal implications of the environmental movement as a “rapidly approaching legal tsunami.” Local, state and federal governments (the United States and globally) are rushing to enact mandates that require the use of newly developed and evolving technologies to meet standards that are constantly evolving. Even without mandatory regulatory compliance, everyone just seems to want to do what’s right for the environment.

An example of just the tip of this iceberg (from a legal perspective) can be found in an article in the March/April 2009 edition of “GreenSource-The Magazine of Sustainable Design” titled “Searching For Clarity Amid Green Certifications.” The article quotes Scot Case, executive director of the EcoLogo Program, one of the oldest North American environmental product-labeling programs, as saying: “There are more than 400 environmental labels floating around…and some are completely meaningless.” The article points out the problems with environmental claims made by some in the building products industry seeking to capitalize on the newfound environmental awareness and contains a guide to sort through the “chaos of competing certification programs.”

From a legal standpoint, the potential for abuse is staggering. Assume, for example, that your city council mandates (or, at least, strongly encourages) that the addition you want to make to your building must meet certain standards for sustainable design. You contract with a builder who holds himself out as knowledgeable and competent in the field of sustainable design. You later find out that whatever certification he or she had, was not credible. You also find out that the certifications attached to the building components and systems were meaningless, as a result of which, you can’t meet the regulatory standards. In the process, you have already vastly exceeded your budget.

And, what about just plain defrauding consumers with baseless eco-friendly claims? Well-meaning people who just want to do the right thing for the environment, being taken advantage of by unscrupulous manufacturers and advertisers; seems to give new meaning to the doctrine of “caveat emptor.”

The attorneys at Wright Penning & Beamer are dedicated to helping our clients in every sector of our practice, work through this constantly evolving maze. We are seeking out and taking advantage of learning opportunities and are forming networks with experts, all with the goal of giving our clients the answers they need and the best possible representation in dealing with the legal aspects of “green.”

“It’s Not That Easy Being Green.” Near as I have been able to find out, those words were first sung by Kermit the Frog in an episode of Sesame Street dating back to approximately 1969. Kermit seems to have been a prophet.

Duane L. Reynolds
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