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Climate Progress

Study: We Can Cut Carbon Pollution One Third By Closing ‘Carbon Loophole’ Through The Clean Air Act

by Whitney Allen

After four years of congressional stalemate on efforts to slash carbon pollution responsible for climate change, the Natural Resources Defense Council released a road map to cleaner electricity this week that relies on existing executive authority rather than Congress.

NRDC’s new report describes how  the Obama Administration can make substantial cuts in carbon pollution from existing power plants, which are the single largest source of carbon pollution in the U.S.  Its strategy would employ Section 111(d) of the Clean Air Act, which gives the Environmental Protection Agency the authority to “set state specific carbon emission rates that reflect the diversity of the nation’s electricity sector and fuel mix.”

This approach differs in a few important ways from earlier pieces of legislation like the 2009 climate bill sponsored by Representatives Henry Waxman (D-CA) and Ed Markey (D-MA) during the 111th Congress. The proposal would set the initial pollution reduction standard for power plants by taking their state’s current energy mix taken into account. That is, a state with relatively low pollution would have a different target compared to a state with high emissions.

In addition, states would be allowed to create regional alliances, such as the ten-state Regional Greenhouse Gas Initiative (RGGI), to work together to meet pollution reduction goals. This is crucial because the electricity supply from power plants frequently crosses state boundaries.

Under the NRDC proposal, states would develop a compliance strategy most appropriate for their mix of electricity generation, as long it achieves pollution reductions. They can develop state policy options that improve the efficiency of current plants, incentivize energy efficiency, shift production to lower-pollution natural gas plants and/or zero-emitting wind or solar generation.

NRDC estimates that its plan would cut carbon emissions by 26 percent below 2005 levels by 2020, and 34 percent by 2025. The accompanying reduction of other power plant pollutants would also save 3,600 lives and prevent nearly 1.2 million asthma attacks in 2020 alone.

These benefits create a significant return on investment. NRDC predicts that successful implementation of the plan could cost around $4 billion dollars in 2020, and lead to a return of anywhere from $25 – 60 billion due to reduced illnesses and other harms from climate change.

The NRDC proposal is already garnering interest. William Reilly, EPA Administrator under President George H. W. Bush, called it “an imaginative proposal that addresses some real needs. It deserves to be carefully analyzed and taken seriously by all the affected interests.”

Carol Browner, former EPA administrator and current distinguished senior fellow at the Center for American Progress, added “NRDC’s proposal is very thoughtful and should be part of any debate on how we build on the work already begun by the administration to reduce greenhouse gas emissions.”

CAP Chair and Former White House Chief of Staff John Podesta put the proposal in context:

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LGBT

Liberty Counsel: Gays Are Damaging To Society ‘Just Like Smoking Or Drug Addiction’

RightWingWatch noticed this new meme image from the Liberty Counsel condemning homosexuality in quite astonishing terms. Here is the text printed on it:

We believe that those involved in homosexuality are created in the image of God and, because of that, deserve respect. However, their actions are damaging both to themselves and to society as a whole. Just like smoking or drug addiction, this behavior should not be encouraged or promoted by our government.

We believe that those involved in homosexuality are complete personalities who should not be confined to a label because of a sexual act. To do so is as superficial as labeling an adulteress wife or husband because of a sexual act. These actions are seeking the same love, validation, and acceptance that all of us seek, yet an answer will not be found in repeated unhealthy interactions or societal and governmental improvement of these actions. We believe this deep hunger can and will only be satisfied in a personal relationship with Jesus Christ.

Just last night, the Liberty Counsel’s Mat Staver was on CNN defending ex-gay therapy with polished talking points, claiming that neither LC nor the ex-gay profiteers they represent stigmatize people who are gay. This image demonstrates just how untrue that is and how much more candid anti-gay groups when not speaking to a mainstream audience.

This statement is stigmatizing in every possible way. It casts moral judgment by comparing loving committed same-sex couples to adulterers. It implies that all gay sex is uniquely “unhealthy,” when in fact the definition of safe sex is consistent across all sexual orientations. And it quite blatantly stigmatizes gays and lesbians by describing them as “damaging… to society as a whole.” The Liberty Counsel may claim that “those involved in homosexuality… deserve respect,” but they are wholly committed to casting the LGBT community as threatening pariahs.

NEWS FLASH

Illegal immigration drops after ten-year rise | New census data reports that the number of immigrants in the U.S. illegally fell to 11.1 million, the first drop in a decade. Demographers do not expect illegal immigration to reach its mid-2000s peak of 12 million again because of a weakened U.S. economy, stricter enforcement mechanisms, and an aging Mexican population. Also, for the first time since 1910, Asian immigrants outnumbered Hispanic immigrants in 2011.

– Greg Noth

Alyssa

Why Viewers Hate Anti-Heroes’ Wives, Cont.

I’ve written before about the ways in which anti-heroes wives tend to get judged even more harshly than the villainous men they’re married to. And in the Los Angeles Times today, the great Meredith Blake talked to me, the New Yorker’s television critic Emily Nussbaum, and Jezebel founder Anna Holmes about why that’s the case. Meredith, Emily, and Anna pointed out something I think is critically important: these characters are initially set up as obstacles at a point in the story when we still want to see these men succeed:

Shows like “Breaking Bad” encourage viewers to relate to men who do truly unspeakable things (poisoning children) while judging their wives for much smaller transgressions (retaliatory affairs). If they stand up to the men in their lives, they’re irritating obstacles; if they don’t, they’re hypocritical colluders. See also: Soprano, Carmela. “These women are called upon to provide the drama, to serve as roadblocks that the male protagonist has to get around,” says Anna Holmes, founder of the feminist website Jezebel.com.

The phenomenon frightens and perplexes series creator Vince Gilligan. “Skyler compared to Walt is Mother Teresa. She’s the hero of that duo, yet so many viewers are saying, Man, I wish she could get bumped off, killed off or otherwise get out of his way so he can really break bad,” he told The Times in an interview earlier this year. “I want as many people as I can to watch the show, but wow, I hope I’m not living next door to any of them.”…

“They’ve designed Betty as a character you’re supposed to react against. Even if you wanted to be sympathetic, it triggered in you as a viewer this kind of ‘Ha-ha!’ Nelson reaction,” says Nussbaum, referring to the bully from “The Simpsons.”

It’s one thing to have your characters have arcs and grow over a series of several seasons. It’s a harder thing to completely reverse polarity on your characters when you’ve established it so strongly from the beginning, too. While that’s an orientation that makes it easier for audiences to hate female characters than male characters, it’s a problem that also gets in the way of viewers appreciating the downfall of male characters, too. If characters don’t want to see Vic Mackey or Walter White punished, then they might find it frustrating to discover that the creators of their favorite shows side with the wives, rather than their anti-heroic husbands.

Climate Progress

Why China Is So Wary Of Ambitious International Climate Targets

China's chief climate negotiator, Su Wei

by Melanie Hart

From many perspectives, China is a global powerhouse. China is the world’s second largest economy in terms of gross domestic product, the world’s largest energy consumer, and a global leader in renewable energy investment. China is also the world’s biggest greenhouse gas emitter.

It is no surprise, then, that when it comes to global climate change negotiations, such as the U.N. Framework Convention on Climate Change conference currently taking place in Doha, Qatar, many nations are looking for China to step up and play a role more in line with its global economic and emissions status.

From a U.S. perspective, that means demanding that China play by the same rules in a future climate treaty that will be developed between now and 2015, rather than treating it as a developing country on par with Chad or the Congo. Some parties want a new treaty to require legally-binding emission reductions for all (though not the same amount for all parties). Thus far, China has refused to endorse this kind of legal framework, and instead is sticking to the interpretation of “common but differentiated responsibilities,” which creates a firewall between the obligations of developed and developing countries. This puts the United States and other developed nations in one bucket, puts China in a separate bucket along with the poorest countries in the world, and allows the latter to make only voluntary commitments to reduce their emissions (as opposed to the mandatory commitments requested of the developed countries).

The United States has no problem allowing still-developing economies to make less-ambitious emission-reduction commitments. What the United States and other developed nations take issue with is allowing those countries to make commitments that are less binding at the international level than what is expected of developed countries. China, an upper-middle income country according to the World Bank, has a standing voluntary climate commitment under the 2009 Copenhagen Accord to reduce carbon intensity by 40 percent to 45 percent (based on 2005 levels) by 2020. The first phase of that commitment has been incorporated into China’s five-year economic plan and ratified by China’s National People’s Congress, so that commitment is legally binding in a domestic sense.

Unfortunately, those types of commitments from China are not enough to get the rest of the world to sign on to a new global climate treaty. Developed countries in particular want China to upgrade this commitment in two ways:

  • Switch from an emission-intensity reduction target (reducing the amount of carbon dioxide emitted per unit of GDP) to an absolute reduction target;
  • Commit to that target via the same form of international mechanism that will be expected to bind all countries equally, regardless of development status.

Negotiators have stated that the United States is unlikely to sign on to a new climate treaty until China commits to that treaty in the same way that everyone else does. But there is plenty keeping China from making a legally binding international commitment if that is what it takes to fulfill this expectation.

Whereas the global community generally views China as an economic powerhouse with plenty of room to maneuver on climate issues, the view from Beijing is vastly different. From China’s perspective, the past 30 years of rapid economic growth in no way guarantees that they will be able to easily traverse the middle-income trap and actually make it up into the ranks of higher-income economies. Chinese leaders have a deep fear that instead of transitioning smoothly from lower-income to upper-income status, their economy could follow the path of Malaysia, Thailand and the Philippines and fall into a period of economic stagnation. China’s sluggish growth throughout 2012 clearly illustrates that the country is not immune to an economic slowdown, and it is important to remember that any major slump brings with it a very high risk that the Chinese Communist Party will lose public support and be forced to forfeit its authoritarian political power.

Within that context, Chinese leaders are not yet willing to take on international climate commitments that could reduce their flexibility to keep the economy growing. That does not mean there is no room for negotiation. It does mean, however, that in the near term China will continue approaching international climate negotiations with more caution than leadership. The negotiators now meeting in Doha will need to keep this in mind as they spend the next three years hashing out the terms of a new treaty with the ambition that it be equally “applicable to all,” in the terms of the Durban Platform.

Rising energy demand and consumption in China

Read more

Economy

How Amazon Used Foreign Tax Havens To Avoid $700 Million In American Taxes

Online retailer Amazon has been a recent target of lawmakers who want to force it and other retailers to stop taking advantage of a tax loophole that exempts them from the collection of state sales taxes in states where they do not have headquarters or distribution facilities. While Amazon has fought those efforts, the online sales tax loophole isn’t the only one it has taken advantage of to lessen its tax burden.

Amazon has paid a high tax rate — an average of 44 percent over the last five years — on its American earnings, but by setting up subsidiaries in Luxembourg, it has taken advantage of a loophole in American tax law and saved more than $700 million in taxes on overseas profits, Reuters reports:

Amazon’s Luxembourg arrangements have helped it pay an average tax rate of 5.3 percent on overseas income over the past five years, less than a quarter of the average rate across its major foreign markets.

Company accounts show that since 2005, Amazon Europe Holding Technologies started to make payments to Amazon Technologies Inc in Nevada of up to 230 million euros ($300 million) each year. At the same time it received up to 583 million euros each year from its European affiliates. [...]

Had Amazon remitted all that to the United States and then paid the headline U.S. corporate income tax rate on it, the firm would have incurred taxes of more than $700 million. But it has not and the deal has allowed Amazon’s Luxembourg unit to accrue tax-free cash worth more than $2 billion.

Until 1997, Amazon would have still owed that $700 million in taxes to the United States. But that year, a new tax provision known as “check-the-box” allowed certain overseas profits to be exempt from dividend taxes, allowing companies like Amazon to utilize low-tax havens to avoid paying millions — and sometimes billions — of dollars in taxes.

Apple, for instance, used foreign tax havens that have become popular among tech companies to avoid paying $2.4 billion in taxes last year, according to a New York Times analysis. Microsoft used subsidiaries in Puerto Rico, Ireland, Singapore, and Bermuda to avoid more than $6.5 billion in taxes, according to a report from Sen. Carl Levin (D-MI), who has advocated for closing corporate loopholes and reforming the tax code in a way that eliminates such avoidance.

Health

Michigan Lawmakers Are Trying To Sneak Through Extreme Abortion Restrictions In Lame Duck Session

Protests against Michigan's proposed HB 5711

Women’s health advocates confirm that Michigan lawmakers are likely to revive on Thursday an omnibus anti-abortion bill that sparked widespread protests after it passed the House this summer, in addition to a host of other restrictive abortion legislation they hope to force through the current lame duck session.

As Michigan’s current attempt to pass anti-union legislation dominates the coverage surrounding the state legislature, lawmakers are using the opportunity to revisit anti-abortion measures they hope to slip through before this session ends. Since five anti-choice state legislators lost their seats in last month’s election, this may be the best time for the legislature to advance their far-right agenda — despite the fact that the majority of Michigan residents support legal access to abortion. On Thursday afternoon, the state senate may consider multiple anti-abortion bills that aim to:

1) Regulate abortion clinics out of existence. HB 5711, the massive 45-page legislation that sparked a massive outcry when the House considered it in June, contains additional and unnecessary regulations for abortion providers. HB 5711 would subject any facilities that perform 6 or more abortions per month to burdensome regulations that could be so costly that they force clinics to close their doors, an indirect method of targeting abortion providers.

2) Limit abortion access for women in rural areas. HB 5711 would also place restrictions on telemedical abortions, which provide essential health services to women in rural areas who often lack any access to nearby abortion doctors. Even though telemedical procedures have been proven to be safe and effective, Michigan lawmakers seek to require doctors to be physically present to administer abortion services.

3) Impose further guidelines for the disposal of fetal remains. Michigan already has regulations in place to instruct medical professions about how they must dispose of fetal remains, but HB 5711 wants to go a step further, requiring fetal remains to be treated in the exact same manner as dead bodies. Doctors would be forced to fill out death forms and make arrangements for the fetal remains’ cremation or burial, imposing an emotional burden on the women whose pregnancies end through a medical miscarriage. No other state handles fetal remains at 10 weeks in the same way as it handles dead bodies.

4) Prevent private insurance companies from covering any abortion services. A trio of companion bills — SBs 612, 613, and 614 — would work together to ban the health insurance exchange that Michigan will set up under Obamacare from covering abortion, as well as ban private insurers from covering any abortion services under their general insurance plans. Currently, 87 percent of Michigan’s insurance plans include abortion care in their benefits packages. If private insurers elect to cover abortions, they have to do it as a separate rider, which often ends up being more costly for women.

5) Allow doctors to refuse to perform abortion services because of their personal beliefs. SB 975, which passed the Michigan Senate’s Health Policy committee earlier this week and is now up for a full vote, is a sweeping “license to discriminate” bill that would allow medical professionals to deny health services based on their personal beliefs. It would allow doctors to refuse to provide HIV treatment, vaccinations, or abortions to any of their patients simply based on their “conscience.”

Preliminary reports from women’s health advocates on the ground in Michigan suggest that the Senate has already passed SB 975, and is likely to pass SBs 612, 613, and 614 this afternoon. But Thursday’s push doesn’t represent the only step that Michigan lawmakers have taken during this year’s lame duck session to push through anti-choice legislation. Just a few weeks ago, state legislators also considered establishing a tax credit for fetuses past 12 weeks’ gestation, a dangerous step toward endowing fetuses with the same rights as U.S. citizens.

Update

The Huffington Post confirms that the Michigan Senate passed SBs 975, 612, 613, and 614 on Thursday afternoon. Only one Republican state senator broke from his party to oppose SB 975, while the rest of the legislators voted along party lines. The Senate is expected to schedule a vote on HB 5711 sometime during the remainder of this legislative session.

Security

Muslim-American Group To GOP: Stop Treating Us So Poorly

The Council On American-Islamic Relations placed an open letter yesterday in the conservative Washington Times newspaper imploring Republicans to move away from the Islamophobic stance that has taken hold of the party. The letter, which was co-sponsored by several other Muslim-American groups, was titled, “GOP Asked to Reassess Its Relationship with American Muslims.” Here’s an excerpt:

“We repeatedly hear — primarily from Republicans — that our faith is a threat to the United States. Such things have been said about Catholics, Jews, Mormons, and other religions as well…Additionally, mainstream Republican candidates have questioned our loyalty and even threatened to undermine the Constitution in efforts to exclude us from the political process, all without any pushback from party leaders.

The Republican Party has indeed embraced fringe attitudes toward Muslim-Americans. Rep. Peter King’s (R-NY) 2011 hearings on the “Radicalization of American Muslims” were criticized for blaming “all Muslims for the crimes of a few” and demonizing “a whole broad base of human beings.” To make matters worse, since 2010, Republican-controlled legislatures in Kansas, Oklahoma and several other states have passed anti-Sharia laws, effectively legislating Islamophobia (a federal appellate court ruled Oklahoma’s ban unconstitutional). Then, this year, Rep. Michele Bachmann (R-MN) topped it all off by pushing an outrageous theory that the Muslim Brotherhood had a “deep penetration in the halls of our United States government,” including Secretary of State Hillary Clinton’s top aide.

A well-funded Islamphobic network looms in the background of the Republican assault on Muslim-Americans. CAP detailed the network in its 2011 report titled “Fear Inc.”:

“[T]his core group of deeply intertwined individuals and organizations manufacture and exaggerate threats of “creeping Sharia,” Islamic domination of the West, and purported obligatory calls to violence against all non-Muslims by the Quran.

This network of hate is not a new presence in the United States. Indeed, its ability to organize, coordinate, and disseminate its ideology through grassroots organizations increased dramatically over the past 10 years. Furthermore, its ability to influence politicians’ talking points and wedge issues for the upcoming 2012 elections has mainstreamed what was once considered fringe, extremist rhetoric.

It’s had an impact: only four percent of all Muslim-Americans polled by CAIR voted for Republican candidate Mitt Romney. In contrast, nearly 86 percent voted for President Obama. And it’s not like Muslim-Americans are dedicated Democrats, in fact, nearly forty-two percent of those CAIR polled said they were independent voters.

The CAIR letter notes that not all Republicans buy into bizarre, Islamophobic theories. Republican Governors like New Jersey’s Chris Christie, responding to Islamophobic critics of a judge he nominated, said, “this Sharia law business is crap.” Christie has also said that, “it’s just crazy. And I’m tired of dealing with the crazies.” Tennessee’s Republican Governor Bill Haslam made similar comments yesterday, defending a Muslim-American adviser he nominated earlier this year.

LGBT

Mormon Church’s New Homosexuality Resource Tells Gays To Be Chaste And Hopeful

The Church of Jesus Christ of Latter-Day Saints has published a new resource addressing the issue of homosexuality that has some commendable changes, but many of the same stigmatizing problems as before. Framed under the title of “Love One Another,” the new collection of text and video testimonies advises the following important improvements to how Mormons understand and respond to gays and lesbians in their lives:

  • NOT A CHOICE: “The attraction itself is not a sin, but acting on it is. Even though individuals do not choose to have such attractions, they do choose how to respond to them.”
  • DO NOT SHAME OR REJECT: “We recognize in each other our common needs for intimacy and companionship and can discuss them without shame or rejection.”
  • NOT A DISEASE: “Attraction to those of the same sex, however, should not be viewed as a disease or illness. We must not judge anyone for the feelings they experience.”
  • GAYS SHOULDN’T TRY TO FAKE IT: “Unlike in times past, the Church does not necessarily advise those with same-sex attraction to marry those of the opposite sex.”

Indeed, these improvements over blatant ostracization and condemnation could very well save the lives of many young people and help keep families together. However, with this approach, the Mormon Church has essentially only caught up to the “hate the sin, not the sinner” approaches of the Catholic Church and many evangelical Christians, which are still incredibly problematic.

According to the new guide, gay Mormons can only stay members of the Church if they practice chastity, forcing a choice between a life with love and a life with faith. The acknowledgment that sexual orientation is not malleable is worthless if individuals are still shamed by “sin” to repress that sexuality — often through ex-gay therapy — and spend their lives alone. There’s also something insulting about the Church’s suggestion that maybe gay people will be lucky enough to marry someone of the opposite sex in the next life:

We believe that with an eternal perspective, a person’s attraction to the same sex can be addressed and borne as a mortal test. It should not be viewed as a permanent condition. An eternal perspective beyond the immediacy of this life’s challenges offers hope. Though some people, including those resisting same-sex attraction, may not have the opportunity to marry a person of the opposite sex in this life, a just God will provide them with ample opportunity to do so in the next. We can all live life in the full context of who we are, which is much broader than sexual attraction.

This reliance on reincarnation does not take accountability for God’s inherent cruelness requiring such a “test.” Instead, the Church merely encourages individuals to have hope that “God will work out all the confusion and contradiction.” It is sadly ironic that the Church is using the frame of love to justify depriving individuals of love, and even sadder that this can be called an improvement over its previous position.

Watch a video introducing the new website:

Justice

Scalia ‘Abhors’ Landmark Free Speech Decision

New York Times v. Sullivan is one of the two or three most important free speech cases in American history. In essence, New York Times held that reporters and other individuals cannot be held liable for making unintentionally false statements against public figures so long as they do not do so with “reckless disregard of whether [their statement] was false or not.” Without this decision, every writer, reporter and blogger in the country would live in constant fear that if they relied on the wrong source or made any of a number of innocent mistakes, the result could be financial ruin.

Indeed, nothing highlights the danger of a different legal regime more than the facts of the New York Times case themselves. Civil rights advocates ran an ad in the New York Times that includes a number of trivial factual errors, such as claiming Dr. Martin Luther King, Jr. had been arrested seven times when in fact he at only been arrested four times when the ad ran. Based on these minor errors, an Alabama court ordered the New York Times and the civil rights leaders to pay $500,000 in a transparent effort to shut down speech critical of Jim Crow — a practice which was very common in the segregationist south. So New York Times v. Sullivan did not simply protect journalism generally, it ended the apartheid states’ practice of deliberately intimidating people who report on civil rights by awarding massive libel awards to segregationists.

During a recent Charlie Rose interview, Supreme Court Justice Antonin Scalia had this to say about the decision:

One of the evolutionary provisions that I abhor is New York Times v. Sullivan. It made a very good system that you can libel public figures at will so long as somebody told you something — some reliable person — told you the lie that you then publicized to the whole world. That’s what New York Times v. Sullivan says. That may well be a good system and the people of New York state could have adopted that by law, but for the Supreme Court to say that the Constitution requires that — that’s not what the people understood when they ratified the First Amendment. . . .

The issue is “who decides?” Who decides what’s right? And it’s the people. The background rule is democracy, and the rule of democracy is the majority rules.

Watch it:

Scalia’s professed love of democracy is admirable, but the truth is that Scalia only believes in the democratic process when democracy does what he wants it to do. He was one of the five justices who voted to give the presidency to George W. Bush, and he voted to strike down the Affordable Care Act based on reasoning that, in the words of a leading conservative judge, had no basis “in either the text of the Constitution or Supreme Court precedent.”

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