In March of 2011 the Department of Justice launched its new website, FOIA.gov, which hopes to make all information about the Freedom of Information Act easy to access and user friendly. This website was launched as part of the Department of Justice’s Open Government Plan and hopes to be “a national initiative to promote a dialogue about the importance of open government and freedom of information.” The Open Government Initiative, commenced during Obama’s first year of office, strives to require federal agencies to become more transparent to the public and to encourage public participation.
FOIA.gov takes Florida’s government in the sunshine law one step further by giving citizens all over the United States access to information at the federal level in an easy to use and easy to understand format. The website includes video lessons, advice to the public concerning use of the Freedom of Information Act, an explanation of the Act, the number of Freedom of Information requests received and how to submit a request. Additionally, the site contains a frequently asked questions page including useful information, as well as compilations regarding each agency’s Freedom of Information Data at a glance or through a detailed report complied by the agency or complied by the user. Lastly, and perhaps most importantly, the site contains contact information for every federal agency, including which agency to request information from and where that information should be sent.
This website is a milestone for the Freedom of Information Act and for information accessibility in general. By compiling all this information in a single website the Department of Justice has illuminated this previously unknown or impossible to access area of the government and has increased access for not only attorneys and practitioners but for the public as well. Not only is this site innovative and user friendly but it leaves room for improvement and public comments on the accessibility of the website, how easy it is to navigate, and up to date contact information for Federal agencies is welcomed.
-Ashley Geary, Legal Intern
Tuesday, February 21, 2012
Thursday, February 9, 2012
Renewable Energy the Big Winner in Super Bowl XLVI
While the New York Giants may have beaten the New England Patriots 21-17, the overall winner in Super Bowl XLVI was renewable energy. Electricity at all six major Super Bowl facilities was generated by wind farms located in North Dakota. Everything from the computers in the Motorola Super Bowl XLVI Media Center to the lights on the field were powered by green energy!
Green Mountain Energy Company was selected to supply 15,000 megawatt hours of renewable energy certificates (RECs) to offset greenhouse gas emissions associated with the electricity used at the major NFL venues. RECs provide an additional revenue stream that can help build future renewable energy facilities. In total the RECs will avoid more than 14,000 tons of greenhouse gas emissions associated with Super Bowl electricity consumption.
The NFL Environmental Program, now in its 18th year, has developed a series of initiatives to minimize the impact of Super Bowl activities on the local and global environment. These initiatives include:
1. A comprehensive solid waste management and recycling program at major NFL event facilities;
2. Incorporation of wind and solar renewable energy certificates to provide green power for major Super Bowl XLVI event venues and team hotels;
3. Use of carbon offset credits to address the transportation emissions created by Super Bowl team travel;
4. Reforestation projects that involve the planting of several thousand trees in local neighborhoods as part of the overall "greening" of Super Bowl XLVI.
Certainly we can all root for this!
-Elizabeth Barron, Legal Extern
Green Mountain Energy Company was selected to supply 15,000 megawatt hours of renewable energy certificates (RECs) to offset greenhouse gas emissions associated with the electricity used at the major NFL venues. RECs provide an additional revenue stream that can help build future renewable energy facilities. In total the RECs will avoid more than 14,000 tons of greenhouse gas emissions associated with Super Bowl electricity consumption.
The NFL Environmental Program, now in its 18th year, has developed a series of initiatives to minimize the impact of Super Bowl activities on the local and global environment. These initiatives include:
1. A comprehensive solid waste management and recycling program at major NFL event facilities;
2. Incorporation of wind and solar renewable energy certificates to provide green power for major Super Bowl XLVI event venues and team hotels;
3. Use of carbon offset credits to address the transportation emissions created by Super Bowl team travel;
4. Reforestation projects that involve the planting of several thousand trees in local neighborhoods as part of the overall "greening" of Super Bowl XLVI.
Certainly we can all root for this!
-Elizabeth Barron, Legal Extern
Thursday, February 2, 2012
How will Northeast Florida grow?
The Northeast Florida Region faces challenges including growth, preserving valuable eco-systems, improving economic viability, and maintaining the quality of life that makes this region unique. The region is at a critical juncture, expected to grow by 1.6 million people and 650,000 jobs by 2050. Rapid change and recent economic challenges have heightened awareness that growth related issues are best addressed on the regional level.
Nearly two years ago leaders from the non-government sector, business, and government, participated in a regional visioning exercise called Reality Check First Coast. The visioning process resulted in the publication of First Coast Vision, released in October, 2011. First Coast Vision details the process that looked at current growth trends and worked to build a unified vision for future growth over the next 50 years. Of the nearly 500 people who participated in the visioning exercises their visions focused on the following:
-Using less land than what would be required to grow as the region has currently been growing; --Protecting and conserving open spaces, agricultural lands, and natural resources;
-Promoting compact and sustainable mixed-use development that allows for a balance of people and jobs that could reduce commute times;
-Increasing density and promoting infill in existing developed areas, which could reduce infrastructure demands and make transit a viable option;
-Promoting economic vitality and competiveness while capitalizing on regional assets and promoting community identity.
As Northeast Florida’s visioning plan is codified for the next 50 years, its importance is even greater now that state growth management has been effectively gutted. With no state oversight local communities will be in charge of growth management and Northeast Florida is poised to face future growth challenges and preserve the region’s natural and scenic resources.
-Elizabeth Barron, Legal Intern
Nearly two years ago leaders from the non-government sector, business, and government, participated in a regional visioning exercise called Reality Check First Coast. The visioning process resulted in the publication of First Coast Vision, released in October, 2011. First Coast Vision details the process that looked at current growth trends and worked to build a unified vision for future growth over the next 50 years. Of the nearly 500 people who participated in the visioning exercises their visions focused on the following:
-Using less land than what would be required to grow as the region has currently been growing; --Protecting and conserving open spaces, agricultural lands, and natural resources;
-Promoting compact and sustainable mixed-use development that allows for a balance of people and jobs that could reduce commute times;
-Increasing density and promoting infill in existing developed areas, which could reduce infrastructure demands and make transit a viable option;
-Promoting economic vitality and competiveness while capitalizing on regional assets and promoting community identity.
As Northeast Florida’s visioning plan is codified for the next 50 years, its importance is even greater now that state growth management has been effectively gutted. With no state oversight local communities will be in charge of growth management and Northeast Florida is poised to face future growth challenges and preserve the region’s natural and scenic resources.
-Elizabeth Barron, Legal Intern
Friday, January 6, 2012
EPA Finalizes Standards to Reduce Mercury!
On December 16, 2011, the Environmental Protection Agency (EPA) finalized the first ever national standards to reduce mercury and other toxic air pollution from coal and oil-fired power plants. These standards, known as the Mercury and Air Toxics Standards, or MATS, are long overdue as more than 20 years after the 1990 Clean Air Act (CAA) Amendments some power plants still do not control emissions of toxic pollutants, even though pollution control technology is widely available. These standards, which fall under Sections 111 (new source performance standards) and 112 (toxics program) of the 1990 Clean Air Act amendments, are not only overdue, they are also behind the curve as since 1990, two of the three industry sectors which make up approximately two-thirds of total U.S. mercury emissions: medical waste incinerators, municipal waste combustors, have been subject to emissions standards for years and as a result have reduced their mercury emissions by more than 95%. The third sector which hasn’t been subject to emissions standards is power plants, but not anymore. Thus the MATS, which set standards for all Hazardous Air Pollutants (HAPs) emitted by coal- and oil-fired EGUs with a capacity of 25 megawatts or greater, finally place standards on the dominant emitters of mercury (50%) acid gases (over 75%) and many toxic metals (20-60%) in the United States.
The MATS requires plants to use maximum achievable control technology (MACT) standards which for new sources must be at least as stringent as the emission reduction achieved by the best performing similar source. The MACT standards for existing sources must be at least as stringent as the emission reductions achieved by the average of the top 12 percent best controlled sources. In setting the MACT standard for each source costs may not be considered, and the EPA may regulate beyond this standard where justified, in which case costs and other issues must be considered. Existing sources generally will have up to 4 years to retrofit their facilities if they need it to comply with MATS.
The regulations issued on December 16th, 2011 were done so under a Consent Decree of the D.C. Court of Appeals requiring EPA to issue a proposal by March 16, 2011, and a final rule by December 16, 2011.
It has been projected by the EPA that the new standards will avert up to 11,000 premature deaths, 4,700 heart attacks and 130,000 asthma attacks every year. If one were to put a monetary value on these improvements for people's health alone it would total $37 billion to $90 billion each year. That means that for every dollar spent to reduce this pollution, Americans will receive $3-9 in health benefits.
The Public Trust will remain on the lookout for local violators of these new rules, as The Northside Generating Station on Hecksher and the St. Johns River Power Park on New Burlin are two of the local plants affected by the rules.
-Andrew Miller, Executive Director
The MATS requires plants to use maximum achievable control technology (MACT) standards which for new sources must be at least as stringent as the emission reduction achieved by the best performing similar source. The MACT standards for existing sources must be at least as stringent as the emission reductions achieved by the average of the top 12 percent best controlled sources. In setting the MACT standard for each source costs may not be considered, and the EPA may regulate beyond this standard where justified, in which case costs and other issues must be considered. Existing sources generally will have up to 4 years to retrofit their facilities if they need it to comply with MATS.
The regulations issued on December 16th, 2011 were done so under a Consent Decree of the D.C. Court of Appeals requiring EPA to issue a proposal by March 16, 2011, and a final rule by December 16, 2011.
It has been projected by the EPA that the new standards will avert up to 11,000 premature deaths, 4,700 heart attacks and 130,000 asthma attacks every year. If one were to put a monetary value on these improvements for people's health alone it would total $37 billion to $90 billion each year. That means that for every dollar spent to reduce this pollution, Americans will receive $3-9 in health benefits.
The Public Trust will remain on the lookout for local violators of these new rules, as The Northside Generating Station on Hecksher and the St. Johns River Power Park on New Burlin are two of the local plants affected by the rules.
-Andrew Miller, Executive Director
Wednesday, December 7, 2011
No More Rainbows or Fairies
Two species will no longer be found in Florida, the South Florida rainbow snake and the Florida fairy shrimp were declared extinct by Federal wildlife officials in October. The U.S. Fish and Wildlife Service also declared eight freshwater species as threatened or endangered and agency plans continuing their protection efforts by surveying 374 freshwater species across the southeast, 114 of those native to Florida, to evaluate the need for protection.
Florida houses a multitude endangered and threatened species, included but not limited to: sea turtles, manatees, humpback whales, Florida panthers, gopher tortoises, and beach mice. The U.S. Fish and Wildlife Service hopes that this survey will assist the agency in making a determination as to what further actions must be made to protect threatened and endangered species in Florida.
While some endangered animals, such as the manatee, draw a significant amount of media attention, many environmentalists voice concern for animals that may not have as much publicity. This seems to be the plight of the South Florida rainbow snake and the fairy shrimp. The rainbow snake has not been spotted since 1952, and fairy shrimp were most recently spotted ten years ago. While the rainbow snake and the fairy shrimp may not make great posters or photo opportunities, both were key to ecosystems, and these ecosystems will have to adapt without their presence. The public should not limit preservation to the most popular creatures, but rather should focus their efforts on all the creatures necessary to maintain delicate ecosystems. When a piece of an ecosystem is gone, then the whole ecosystem can be thrown off balance, and many others creatures may die as a result.
The U.S. Fish and Wildlife Service in conjunction with the Center for Biological Diversity will finalize the list by 2018, but this action will come much too late for the South Florida rainbow snake and the fairy shrimp. A place on the list requires consultation with the U.S. Fish and Wildlife Service prior to development of a habitat for one of species on the list. The developer then creates a habitat conservation plan protecting the species. Recent developers endanger the habitats of many species unique to Florida through rapid expansion. Developers are not the only threat to species in Florida, the loss can also be due to overhunting, pesticides, vehicle collisions, or even weather conditions and viral infections. Some species have become so fragile that a hurricane or viral infection can cause their extinction. However, some Floridians fear federal involvement will decrease statewide unilateral protection for the species. State legislation has been successful for the gopher tortoise, who if found, must be relocated prior to construction.
Protecting wildlife must be a multi-tiered effort. While the public should support the efforts of state and federal agencies to protect wildlife, it is also important to remember conservation begins at home. Therefore, being of how you rid your home of gasoline, pesticides, and paint thinner, can all be important steps in decreasing the impact that humans have on Florida wildlife. For a list of endangered and threatened species in Florida you can visit: http://animals.about.com/od/onlinecourses/a/esa_florida.htm or the U.S. Fish and Wildlife Service Database.
-Sloane Tait, Legal Intern
Florida houses a multitude endangered and threatened species, included but not limited to: sea turtles, manatees, humpback whales, Florida panthers, gopher tortoises, and beach mice. The U.S. Fish and Wildlife Service hopes that this survey will assist the agency in making a determination as to what further actions must be made to protect threatened and endangered species in Florida.
While some endangered animals, such as the manatee, draw a significant amount of media attention, many environmentalists voice concern for animals that may not have as much publicity. This seems to be the plight of the South Florida rainbow snake and the fairy shrimp. The rainbow snake has not been spotted since 1952, and fairy shrimp were most recently spotted ten years ago. While the rainbow snake and the fairy shrimp may not make great posters or photo opportunities, both were key to ecosystems, and these ecosystems will have to adapt without their presence. The public should not limit preservation to the most popular creatures, but rather should focus their efforts on all the creatures necessary to maintain delicate ecosystems. When a piece of an ecosystem is gone, then the whole ecosystem can be thrown off balance, and many others creatures may die as a result.
The U.S. Fish and Wildlife Service in conjunction with the Center for Biological Diversity will finalize the list by 2018, but this action will come much too late for the South Florida rainbow snake and the fairy shrimp. A place on the list requires consultation with the U.S. Fish and Wildlife Service prior to development of a habitat for one of species on the list. The developer then creates a habitat conservation plan protecting the species. Recent developers endanger the habitats of many species unique to Florida through rapid expansion. Developers are not the only threat to species in Florida, the loss can also be due to overhunting, pesticides, vehicle collisions, or even weather conditions and viral infections. Some species have become so fragile that a hurricane or viral infection can cause their extinction. However, some Floridians fear federal involvement will decrease statewide unilateral protection for the species. State legislation has been successful for the gopher tortoise, who if found, must be relocated prior to construction.
Protecting wildlife must be a multi-tiered effort. While the public should support the efforts of state and federal agencies to protect wildlife, it is also important to remember conservation begins at home. Therefore, being of how you rid your home of gasoline, pesticides, and paint thinner, can all be important steps in decreasing the impact that humans have on Florida wildlife. For a list of endangered and threatened species in Florida you can visit: http://animals.about.com/od/onlinecourses/a/esa_florida.htm or the U.S. Fish and Wildlife Service Database.
-Sloane Tait, Legal Intern
Tuesday, November 22, 2011
Who is Taking the LEED is Sports?
In building the Marlin’s new ballpark, construction showed deference to environmental concerns. The construction manager ensured that the materials were separated and recycled, significantly reducing the waste made in creating this ball park. The crew recycled up to 98% of the construction waste.
The inside of the stadium has also undergone green consideration with the installation of 249 waterless urinals, and the utilization of low energy glass around the stadium. These installations will decrease the stadiums usage of water and electricity. The stadium implements solar lights, reducing energy consumption, as well as a recycling program, to reduce waste.
The company insists that the industry has shifted toward green products, whereas 15-20 years ago, sustainability was not discussed in a project such as this one. The Marlins hope to gain either silver or gold LEED certification by the U.S. Green Council. There are others who are making concerted efforts, such as the Pittsburgh Penguins whose new arena was awarded a LEED gold certification, and the Washington Nationals ballpark which gained LEED silver certification. Other franchises such as the Philadelphia Eagles and the Boston Red Sox have retrofited their stadiums to make energy saving changes.
This concerted effort in creating an environmentally friendly building shows new considerations in construction. Many new residential and commercial buildings also try to achieve LEED certification. An internationally recognized green building certification system, the U.S. Green Building Council LEED was developed in 2000. The Green Building Council believes that LEED can assist builders in identifying and implementing practical and measurable green building design, construction, operations and maintenance solutions. The Green Building Council made requirements flexible enough to apply to both residential and commercial design and these requirements benefit building owners and tenants through economic and social rewards. The U.S. Green Council, awards points for installing everything from solar powered lights, water saving toilets, bike racks, and even low energy glass.
John Knight, a Populous architect, explains that "operators are starting to realize that being smart about design can actually go to the bottom line and make buildings less expensive to operate over the life of the building." Knight continued that once educated, operators are excited to make environmental changes that can also save them money.
Many hope that this move toward LEED certification as regular construction practice in sports stadiums will encourage other buildings to make similar changes in order to be more environmentally friendly and LEED compliant, and hopefully they will also reap the additional economic rewards. Knight states that he hopes that LEED certification will become integrated with building codes, and become ordinary practice for business and builders alike.
-Sloane Tait, Legal Extern
The inside of the stadium has also undergone green consideration with the installation of 249 waterless urinals, and the utilization of low energy glass around the stadium. These installations will decrease the stadiums usage of water and electricity. The stadium implements solar lights, reducing energy consumption, as well as a recycling program, to reduce waste.
The company insists that the industry has shifted toward green products, whereas 15-20 years ago, sustainability was not discussed in a project such as this one. The Marlins hope to gain either silver or gold LEED certification by the U.S. Green Council. There are others who are making concerted efforts, such as the Pittsburgh Penguins whose new arena was awarded a LEED gold certification, and the Washington Nationals ballpark which gained LEED silver certification. Other franchises such as the Philadelphia Eagles and the Boston Red Sox have retrofited their stadiums to make energy saving changes.
This concerted effort in creating an environmentally friendly building shows new considerations in construction. Many new residential and commercial buildings also try to achieve LEED certification. An internationally recognized green building certification system, the U.S. Green Building Council LEED was developed in 2000. The Green Building Council believes that LEED can assist builders in identifying and implementing practical and measurable green building design, construction, operations and maintenance solutions. The Green Building Council made requirements flexible enough to apply to both residential and commercial design and these requirements benefit building owners and tenants through economic and social rewards. The U.S. Green Council, awards points for installing everything from solar powered lights, water saving toilets, bike racks, and even low energy glass.
John Knight, a Populous architect, explains that "operators are starting to realize that being smart about design can actually go to the bottom line and make buildings less expensive to operate over the life of the building." Knight continued that once educated, operators are excited to make environmental changes that can also save them money.
Many hope that this move toward LEED certification as regular construction practice in sports stadiums will encourage other buildings to make similar changes in order to be more environmentally friendly and LEED compliant, and hopefully they will also reap the additional economic rewards. Knight states that he hopes that LEED certification will become integrated with building codes, and become ordinary practice for business and builders alike.
-Sloane Tait, Legal Extern
Friday, November 11, 2011
There Are Worse Things than Sharks in the Water
When the warm weather returns and you prepare for a day of fun in the sun at the beach, add a new step to your routine, check online for water quality reports at the National Resources Defense Council’s (NRDC) website. After analyzing three thousand United States beaches the NRDC found serious contamination in the waters. This contamination comes primarily from sewage pipes and storm water runoff that dump fecal waste, oil and other kinds of pollution into lakes and oceans. This contamination from sewage and storm water led to more than 24,000 beach closings and advisories in 2010. The 2010 beach closings and advisories were the second highest number in the last two decades. The contamination affects primarily the elderly, children, and those with compromised immune systems, and can lead to gastrointestinal illnesses, skin rashes, pinkeye and other health problems.
The worst beach contamination offenders: Avalon Beach and all of Cabrillo Beach Station in Los Angeles County; parts of Dohoney State Beach in Orange County; North Point Marina North Beach in Illinois; Beachwood Beach West in New Jersey. Florida's Keaton Beach, and four beaches in Ohio, Texas and Wisconsin, have failed water quality tests more than 25 percent of the time for the past five years in a row. While the Southeast did the best out of all the regions with just 4% of samples exceeding standards, there are still some precautions that should be taken when swimming in the ocean.
Check the NRDC website to see the water contamination at your beach, don't swim near a storm drain, and if the water looks or smells strange do not swim in it, frequently wash your hands, and take a shower after you swim. There also a few things you can do at home to prevent contamination such as fixing old, leaky sewage pipes and adding grass around parking lots to absorb rainwater. Helena Solo-Gabriele, an environmental engineer at the University of Miami in Florida, is hoping for faster testing techniques, the current detection takes twenty-four hours, to assist the public in knowing when waters are safe. She suggests that so long as reasonable precautions are taken, the public’s safety isn’t compromised by swimming at the beach.
-Sloane Tait, Legal Intern
The worst beach contamination offenders: Avalon Beach and all of Cabrillo Beach Station in Los Angeles County; parts of Dohoney State Beach in Orange County; North Point Marina North Beach in Illinois; Beachwood Beach West in New Jersey. Florida's Keaton Beach, and four beaches in Ohio, Texas and Wisconsin, have failed water quality tests more than 25 percent of the time for the past five years in a row. While the Southeast did the best out of all the regions with just 4% of samples exceeding standards, there are still some precautions that should be taken when swimming in the ocean.
Check the NRDC website to see the water contamination at your beach, don't swim near a storm drain, and if the water looks or smells strange do not swim in it, frequently wash your hands, and take a shower after you swim. There also a few things you can do at home to prevent contamination such as fixing old, leaky sewage pipes and adding grass around parking lots to absorb rainwater. Helena Solo-Gabriele, an environmental engineer at the University of Miami in Florida, is hoping for faster testing techniques, the current detection takes twenty-four hours, to assist the public in knowing when waters are safe. She suggests that so long as reasonable precautions are taken, the public’s safety isn’t compromised by swimming at the beach.
-Sloane Tait, Legal Intern
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