Category Archives: Environment

Analysis: Only Assembly Can Impose Carbon Tax

By Steve Haner

It is illegal in Virginia for a petroleum wholesaler to arbitrarily reduce the amount of product it provides to retailers. The General Assembly has intervened in that marketplace, probably for the reasonable public purpose of preventing price gouging. Regulating the sale of fuel for some other purpose should also require action by the General Assembly.

The “other purpose” under scrutiny at this time would be reducing carbon dioxide emissions into the atmosphere. David Schnare of the Thomas Jefferson Institute for Public Policy was researching whether the governor could impose the Transportation and Climate Initiative on Virginia without General Assembly action. He found and cites the existing state law against rationing gasoline and other legislative oversight of that market in an analysis published today.

Schnare holds both environmental and law doctorates and served 34 years with the federal Environmental Protection Agency. His conclusion is the Governor lacks the authority to act arbitrarily through an executive order or agency decision.  t was the same conclusion reached recently by the Supreme Court in Washington state in reviewing and rejecting a cap-and-trade effort from that state’s governor, Jay Inslee.

Here’s the take on that from the Wall Street Journal editorial board:

Good news: The political panic over climate change doesn’t justify one-man rule. That’s the message the Washington Supreme Court delivered this week to Governor Jay Inslee, who tried to impose his command-and-control agenda by fiat.

Perhaps you heard Mr. Inslee for a millisecond in the presidential race last year declaring that climate change is “the most urgent challenge of our time.” He failed to galvanize the masses, much as he failed to persuade the Washington Legislature in 2015 when it rejected his cap-and-trade proposal.

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Electoral College Vote, Carbon Tax, Labor’s Wants

By Steve Haner

The End of the Electoral College Looms

The legislature’s new ruling Democrats, having celebrated their adoption of the national Equal Rights Amendment, may continue their Constitutional aspirations next week and try to kill the federal Electoral College. Some believe the will of Virginia voters in choosing presidential electors should be overridden by the popular vote total in all fifty states plus the District of Columbia combined.

This idea is known at the National Popular Vote. Objections to the Electoral College process have a long history but were reignited when former Senator Hillary Clinton became the fifth presidential candidate who won the popular vote but lost the Electoral College. As predicted by Bacon’s Rebellion, the proposal to grant Virginia’s votes to the national front runner is back in three bills, with far longer lists of patrons and co-patrons. The two House bills are here and here, and the Senate version here. All now rest with firmly Democratic Privileges and Elections committees.  Continue reading

2020 Assembly May Not Vote on Carbon Car Tax

By Steve Haner

It now seems unlikely the 2020 General Assembly will act directly on Virginia’s membership in the proposed Transportation and Climate Initiative, an interstate compact to cap, tax and then start to ration fossil fuels that add carbon dioxide to the atmosphere. Virginia would be the southernmost member.

While six pieces of pending legislation (so far) mention the similar Regional Greenhouse Gas Initiative, which caps, taxes and rations CO2 from power plants, the silence continues on TCI. It has been conspicuously absent from gubernatorial pronouncements on these issues. A Virginia Mercury story this week on various environmental proposals cited a December statement from him that “no decisions have been made,” although it wasn’t clear on what.

When organizers of the TCI compact released their draft memorandum of understanding last month, they clearly were pointing to action in the various states in the near future. But the MOU itself is only an outline, with many blanks to fill in. An argument that the issue is not ripe for the legislature could be valid. What is the actual goal or schedule for forced supply reductions?

An argument that it doesn’t need legislative blessing at all, however, would not be valid. Virginians should not be subjected to this tax, cap and ration regime without a recorded vote by their elected representatives.

What people can do now, if they care, is register an opinion with the TCI organizers on their public input portal. Their last round of comments included many who dislike this idea, so they are asking again now that more details are out.

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The Wildest Energy Whirlwind Ever is Underway

by Steve Haner

If Bacon’s Rebellion at times has been “Dominion Pravda,” providing a window into that corporate giant’s C suite, our friends at the Virginia Mercury sometimes take the opposite role of “Environmental People’s Daily.”

Its story today is a good example, for what it includes and what it does not. The long, detailed and worthwhile summary of energy and environment issues coming to the 2020 General Assembly has a glaring omission. It makes no reference to the Transportation and Climate Initiative. If anybody could get a straight answer out of the Northam Administration, you’d think it would be Virginia Mercury. The silence is deafening and perhaps significant.

At some point soon somebody has to say something, wouldn’t you think? In others states in the proposed interstate compact, governors are being pinned down, actual TCI bills are pending, legislators are taking positions, coalitions are forming. This will have to happen in Virginia soon if the organizers of TCI want their proposed memorandum of understanding signed by enough states to actually impose the carbon caps and taxes by 2022.  Continue reading

After Santa Comes Carbon Tax Sugar Daddy

by Steve Haner

The Virginia Secretary of Natural Resources will be the sugar daddy for the carbon tax dollars raised from electricity customers, according to pending legislation to fully enroll Virginia in the Regional Greenhouse Gas Initiative (RGGI) next year.

House Bill 20, sponsored by Norfolk Democrat Joe Lindsey, is similar (with some changes) to 2019 legislation which died on a partisan vote when Republicans controlled the General Assembly. Now that power has shifted the bill’s chances of passage are excellent. It has several unusual provisions and may hint at how the related Transportation and Climate Initiative will be implemented in Virginia. Continue reading

The Good News Few Will Report or Admit

Click for larger view.

I ran across the illustration above on my favorite contrarian website, Wattsupwiththat.com, and decided to share. The media feed us a constant diet of gloom and doom and disaster, and only those with a sense of history understand this is a bit of a Golden Age (75 years ago the American and British armies were locked in the greatest land battle on World War II’s western front during a terrible winter).

Many of you will reject it merely because it comes from the Global Warming Policy Forum, which contains no Chicken Littles and sees no falling sky. But check the footnotes for the sources of the measured progress. The ten-year periods covered do not exactly match up, and course the decade really ends with 2020, not 2019. Perhaps the most important is the major drop in the percentage living in desperate poverty (thank energy supplies) and the incredible reduction (over a longer period of time) of deaths from natural disasters.  Continue reading

Watch Out, Here Comes the Transportation and Climate Initiative

Virginia voter priorities. Source: Click to enlarge.

by James A. Bacon

A new poll from a “nonpartisan nonprofit think tank,” MassInc., has found that 60% of Virginians surveyed support the Transportation and Climate Initiative Framework while only 29% oppose it and 11% are unsure of their feelings, reports The Virginia Mercury.

We know right off the bat that the findings are nonsense. The fact is, most Virginians have never heard of the Transportation and Climate Initiative. Those who answered MassInc.’s questions were responding to a description of TCI provided by MassInc.’s pollsters:

Under the plan, companies that sell and distribute gasoline and diesel fuel to gas stations in the region would have to pay for the pollution created by the fuels sold and used there. Each state in the program would get a share of the money collected from those companies, based on how much fuel is used in their state. States could use this money to make transportation in their state better, cleaner, and more resilient to the effects of climate change. They could also use it to help residents with any higher costs the companies try to pass on to them.

That poll is about as loaded as you can get. Continue reading

Billions for Coal Ash Cleanup — for What Benefit?

Coal ash at Dominion’s Chesterfield power station. Photo credit: Richmond Times-Dispatch

by James A. Bacon

The cost of cleaning up coal ash at Dominion Energy’s old coal-fired power plants will run between $2.4 billion and $5.7 billion, the company said at a presentation to the State Water Control Board yesterday. Disposal costs could  add $5 to the monthly bill of typical households over the next 15 to 20 years, reports the Richmond Times-Dispatch.

Dominion’s original plan called for consolidating and capping coal ash on site at its coal-generating plants. Environmental groups criticized the plan on the grounds that underground water migrating through the coal ash would pick up contaminants and pollute public waters. Under orders from the General Assembly, the power company now is looking at a combination of strategies that include recycling, on-site landfilling and off-site landfilling.

We are getting a clearer idea of how much the General Assembly’s coal ash mandate will cost, but I have yet to see an analysis of how much benefit will come from exceeding Environmental Protection Agency (EPA) disposal standards. Continue reading

Bacon Bits: Hemp, Housing and Solar

NIMBYs against hemp. Farmers across Southside Virginia have turned to growing hemp (the THC-free version used in industrial applications) as a replacement crop for tobacco. But at least one Dinwiddie County neighborhood has risen in revolt. A hemp farm near the Lake Jordan neighborhood emits an offensive odor. The smell is so bad that it’s getting into peoples’ houses and permeating their clothing, reports the Progress-Index. “We’re worried that they’re going to continue planting around, which would basically mean [that] people will have to leave or just tolerate unbelievable skunk-like odors,” said Jarrod Reisweber, a director of the homeowners association. Daniel Lee, vice chairman of the Board of Supervisors held out the hope that, if solutions could be found to control the odor of hog farms, a remedy could be found for hemp as well.

Amazon offers $20 million toward affordable housing. Amazon is offering $20 million to the Arlington County Affordable Housing Investment Fund in exchange for permission to build a bigger headquarters complex than county zoning allows. The sum would amount to the greatest single infusion of money into the fund, reports the Washington Post. Amazon wants to increase the size of its proposed 22-story office towers from 1.56 million square feet to about 2.15 million square feet, reduce the number of parking spaces, and increase penthouse height. If we assume an average of $50 per square foot for office space in Arlington, Amazon’s concessions are worth about $30 million. That’s gross value. Once construction costs are excluded, Amazon would net significantly less. By that comparison, the $20 million offer seems pretty generous.

Virginia Schools turn to solar. An increasing number of public and private schools in Virginia are utilizing solar power. The number of schools with solar has nearly tripled since 2014 — from 20 to 86, reports the Richmond Times-Dispatch. A niche industry has evolved in which entrepreneurs package solar Public Purchase Agreements (PPAs) in which schools put no cash down and start generating positive cash flow from the first year. Pete Gretz with the Middlesex County school system says that ground-mounted solar saved just under $50,000 at its elementary school site. “There’s no drawback to this,” he said. “It’s completely a win-win.” Continue reading

Northam Comes to the Aid of Menhaden (But is Chap Petersen Paying Attention?)

By Don Rippert

Fish tale. Omega Protein, a Canadian owned company, has willfully exceeded its menhaden catch limit in the Chesapeake Bay. You can read the details here. The catch limit is controversial since menhaden is the only marine fish regulated directly by the Virginia General Assembly. All other saltwater fish in Virginia are regulated by the Virginia Marine Resources Commission. Every other Atlantic state lets their state fishery regulator and the Atlantic States Marine Fisheries Commission (ASMFC) set rules for menhaden in their waters. The US Congress chartered ASMFC in 1942. So, ASMFC sets catch limits for Virginia waters – one for the Atlantic and another for the Chesapeake Bay. In Virginia those limits are then incorporated into proposed legislation for the General Assembly. The most recent AMFC-set limits were put into a bill that was never voted on by the General Assembly. This left Omega Protein with two catch limits – the limit last passed by the General Assembly (based on ASMFC guidance) and the most current lower ASMFC limit. Once Omega Protein admitted it had exceeded the most current ASMFC limit Virginia was reported to the US Department of Commerce as being “out of compliance.” Last week Gov Ralph Northam sent a letter to the Secretary of Commerce requesting the feds to put a moratorium on menhaden fishing in the Virginia waters of the Chesapeake Bay. It seems that Northam is sending the General Assembly a message — clean up your act or I’ll ask the Feds to clean it up for you. But will the new Democratic majority in the General Assembly listen to Northam or Omega Protein?

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Replacing One Existential Threat with Another

by James A. Bacon

I’m a big fan of Nassim Nicholas Taleb, whose thinking on such subjects as “black swan” events, “Intellectuals Yet Idiots (IYIs),” “antifragility,” and “skin in the game” I have incorporated into my commentary on this blog. So, when Taleb invokes the precautionary principle in the context of climate change, I take his argument very seriously.

In a nutshell, Taleb contends the accuracy of climate models predicting catastrophic increases in global temperatures don’t matter. We have only one planet, and if there is even a remote chance that rising CO2 emissions will wreck it, humanity cannot afford to take that chance. The environment is a complex system, he writes. “Push a complex system too far and it will not come back.” The uncertainty surrounding climate change projections, far from being a reason to dismiss predictions of catastrophe, puts the burden of proof upon those who claim absence of harm. Read a succinct statement of his thinking here.

I’ve been pondering this argument for quite a while, and I agree with it… to a point. But I think it is incomplete. In the statement I linked to above, Taleb (and his co-writers) do not explore the implications of their logic. The obvious follow-up question is, OK, if climate change is an existential threat, what do we do about it?

What if the proffered solution to climate change creates its own existential threat? Continue reading

Northam Appointee Opposes DEV’s Green Tariff

Virginia City Hybrid Energy Center in St. Paul, which burns both coal and wood biomass. It is the centerpiece of Dominion’s proposed 100% renewable service, infuriating environmental opponents. Dominion photo.

By Steve Haner

Is Governor Ralph Northam now on both sides of the electricity retail choice issue? Having sent a strong signal weeks ago that he would oppose 2020 legislation creating competition for all customers, his administration has now intervened in a regulatory dispute asking to protect competitive choice for 100% renewable electricity. You are only free to choose if you choose green?

In order to stop other companies from selling so-called 100% renewable electricity in the Dominion Energy Virginia territory, the utility needs its own version of this shell game approved by the State Corporation Commission. The next hurdle in that long road is a hearing at the SCC Thursday.

When we visited this saga in August, Dominion’s application for what it calls Rider TRG had been filed but few of the likely opponents had responded. A long list of complaints about the idea is now part of the case record, including objections from the Northam Administration filed Friday in the name of the Department of Mines, Minerals and Energy.

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Chesapeake Bay Foundation Embraces Social Justice Advocacy


I have long respected the Chesapeake Bay Foundation for its role as an advocate for the Chesapeake Bay. It has always stuck close to its nonpartisan, non-ideological mission, and it has enjoyed a high degree of credibility across the political spectrum. Until now.

Last week, the CFB issued a statement supporting the Environmental Justice for All Act, sponsored by Rep. Donald McEachin, D-Virginia, and Rep. Raul Grijalva, D-Arizona, which would “protect minority and low-income communities that disproportionately suffer health risks from pollution.”

Said Chesapeake Bay Foundation Federal Executive Director Jason Rano:

Everyone has a right to clean water and air, no matter who you are or where you live. Congressmen McEachin and Grijalva are taking important steps towards meaningful action on environmental justice. This will protect our most vulnerable communities from pollution and ensure healthier local rivers and the Chesapeake Bay.

The CFB has taken a huge step from science-driven environmental advocacy to ideologically-driven social-justice advocacy. Huge mistake. Disastrous mistake.  McEachin’s proposed legislation is riddled with questionable leftist suppositions. With this endorsement, the CFB has squandered its credibility with half the population. What a shame.

— JAB

The Cumberland Landfill: Another Case of Risk Illiteracy

by James A. Bacon

Last year the Cumberland County Board of Supervisors approved a conditional use permit for construction of a 500-acre mega-landfill. Some county residents welcome the facility, which would generate between $1.4 million and $2.8 million a year in host fees and provide a huge revenue boost to a county budget of roughly $15 million a year. But others oppose the project.

Irène Mathieu, a Charlottesville pediatrician, raises all sorts of phantasmagorical concerns in an op-ed today appearing in The Virginia Mercury. In her clinic, she says, she encounters children suffering from asthma or complications from premature births. “The scientific evidence tells us that air and water pollution are contributing factors to these children’s problems, and that the burden from pollution is disproportionately borne by children of color and those living in poverty.”

Threats to Cumberland County families and children — nearly one-third of whom are African-American, she points out — include groundwater contamination, dust, methane, and “dramatic surges in traffic.” The landfill, she adds, would close off a road in front of a historic African-American school, rendering community access nearly impossible. Further, she writes, “I worry about the self-worth of children who grown up with no access to their local history, the graves of their ancestors now a repository for trash.”

Wow! Where does one begin to dissect this kind of logic? Continue reading

Omega Protein Exceeds ASMFC Catch Limit of Menhaden

Photo credit: Stephan Lowy

by Don Rippert

What, me worry? Omega Protein has admitted exceeding its menhaden catch limit for 2019 in the Chesapeake Bay. Omega Protein, a Houston-based company and wholly owned subsidiary of Cooke, Inc, a Canadian firm, operates a fishing fleet based in Reedville, Va. Employing about 300 Virginians, Omega Protein has been mired in controversy over the years regarding its heavy catch of menhaden.  Since this topic has been repeatedly covered on Bacon’s Rebellion, I won’t provide detailed background. However, the environmental group Menhaden Defenders operates an informative website describing the situation.

Menhaden Defenders writes, “The commercial menhaden fishery is made up of two sectors, a reduction fishery, which grinds billions of bunker up for fish meal and oil, and the bait fishery which supplies menhaden for lobster and crab traps. Reduction fishing is an antiquated practice that has been banned in every east coast state, except Virginia.” Virginia is the only east coast state that allows reduction fishing and is also the only east coast state that allows unlimited contributions to state politicians. Over the last 26 years Omega Protein has donated just under $600,000 to Virginia politicians, political committees and PACs with the majority going to Republicans.

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