Recycling. Driving a hybrid. Not driving at all and using transit. Turning off the water when you brush your teeth. Replacing your light bulbs with compact fluorescents.

When you think about being green, these actions likely come to mind first. But what is the greenest thing you can do?

It’s actually the easiest. All you have to do is vote.

Elected officials at the local, state, and national levels can change laws and implement policies that can do more for protecting the planet than our individual actions could accomplish alone. Your vote can put conservation-minded elected officials in office who can change laws that will save the Earth – or at least make our little corner of the planet in Alabama a little healthier.

In 2010, all legislative and constitutional offices in Alabama are up for election. You will have the opportunity to vote in, or out, candidates based on their environmental records. It’s patriotic. It’s powerful. It’s green. It’s your vote.

But in order to vote for legislative candidates based on their environmental record, we must look at the whole body of work. Conservation Alabama plays a unique role in this regard. As the only full-time environmental lobby organization in Montgomery, we work everyday to make sound environmental policy a political reality.

Over the last three years, the Alabama State Legislature has made some strides toward a greener Alabama. In 2008, the legislature passed a fee increase for dumping waste at landfills, which is funding an Alabama Department of Environmental Management grant program to municipalities to start their own recycling programs.

In 2009, the legislature passed bills that would allow the state to consider the “life cycle” cost of purchases when putting items such as vehicles out for bid. The state estimates it will save $1 million annually in energy costs by purchasing compact fluorescent light bulbs.

While these are just some examples of recent legislative accomplishments, 2010 will be a touchstone year for green legislation.

With Alabamians consuming more energy per capita than any other state, the Joint Legislative Committee on Energy is continuing to promote legislation that will reduce our energy use in the state. One bit of legislation in the package of energy bills in 2010 is a Conservation Alabama-drafted bill to establish sales tax holiday on EPA-rated Energy Star appliances.

Such a holiday will help Alabamians make the transition into a more energy efficient lifestyle while revving up our sluggish economy. But, over the past few years, the Alabama Education Association has opposed the Energy Star bill because it would draw funding from education coffers.

However, that expense is minimal – the state estimates the loss in revenue to be $147,000 annually. Many states, such as our neighbors in Georgia, that have sales tax holidays for school supplies and Energy Star appliances report that that weekend is the third biggest sales weekend of the year, following the days after Thanksgiving and Christmas. Therefore, the increase in volume of purchases of non-tax exempt items can offset the lost revenue from the holiday.

Additionally, it is time to renew our commitment to the state land preservation program, Forever Wild. In its 17-year history, this program has purchased and preserved more than 200,000 acres of land for hunting, recreation, and wildlife protection for current and future generations. As the program will sunset in 2012, we need to ensure funding is renewed and even more important lands can enjoy the status of “forever wild.”

While these are some proactive measures we’ll be working on 2010, Conservation Alabama has a ten-year track record of stopping bad environmental legislation, which we hope to continue in 2010.

First, Alfa is pushing its Family Farm Preservation Act – a veiled attempt to protect corporate hog farm operators from nuisance lawsuits. These hog farms produce noxious smells, threaten water quality, and bring large black flies to rural communities. Working with citizen groups throughout the state, we hope to defeat this bill for a ninth year.

Also, several proposals are aimed at raiding $1 billion from the Alabama Trust Fund, our state’s savings account, to build new roads. Not only will this reduce funding for Forever Wild, it will drive sprawl and do very little about the crumbling infrastructure that plagues Alabama. We helped defeat this proposal in 2009, and we will be working again in 2010 to stop this ill-advised plan.

These are just some of the many conservation-related bills expected this legislative session. You can keep track of the bills we are following by visiting conservationalabama.org and signing up to receive our weekly Conservation Hot List.

By setting a clear green agenda, and then evaluating our elected officials based on those priorities, Conservation Alabama will work to have more conservation-minded state leaders after the 2010 elections.

But, your green vote will be the difference.

There’s an old saying: does art imitate life, or does life imitate art? With a first-for-Alabama this week, maybe the question should be: does life imitate politics?

For the first time, a manatee was captured and tagged in Alabama waters. Scientists from the Dauphin Island Sea Lab, Seaworld Orlando, and the Sea to Shore Alliance tagged a 1,000-pound manatee with a satellite receiver. Over the next few days, scientists found 11 manatees using aerial surveillance of the Mobile-Tensaw Delta. This discovery proves the long-standing belief that manatees migrate from South Florida to Alabama.

Where does the politics come in? Well, an innocuous resolution wound its way through the legislature this session that would designate the manatee the official state mammal. HB452 passed both houses of the Alabama State Legislature unanimously and the bill was signed by Governor Riley on May 13, 2009.

While manatees have been seen in Alabama waters for years, it wasn’t until the legislature passed a resolution making the West Indian Manatee the state mammal that one was captured, tagged, and returned to the wild. Does life imitate politics?

Environmental attorney David Ludder for the ADEM Reform Coalition and Choctawhatchee Riverkeeper Mike Mullen each gave compelling presentations about weak enforcement at in ADEM’s NPDES and stormwater programs during the August 21 meeting of the Aalbama Environmental Management Commission. However, their presentations were met with resistance from ADEM Director Trey Glenn, calling the claims of lax enforcement as “insulting and offensive to the department’s 600 employees to suggest that they’re somehow not doing their job.”

Mullen gave a pictorial display of chronic stormwater violations in the Choctawhatchee watershed. Some pictures were dated 2008, while others were from earlier in the year. Director Glenn responded that the information was out of date and if someone visited those sites today, you would see a much different picture. Mullen has provided more recent pictures to the Director since August 21’s presentation revealing the sites discussed are still in violation.

Commissioner Archie asked Director Glenn to investigate the complaints by Mike and provide a response back to the Commission as to what could be done to improve the stormwater program.

In a release by ADEM Thursday and again by Director Glenn Friday, the department refuted the enforcement and compliance numbers offered by the ADEM Reform Coalition. However, ADEM did not explain the discrepancy nor did they provide data to refute Ludder’s presentation. At the meeting, Director Glenn said that the number of ADEM inspections had declined in part because EPA told ADEM to do fewer inspections and reduced their funding. He also stated that there were flaws with the EPA data, and indicated ADEM had not provided all its data to EPA. He said that he agreed with the need for metrics and more data and had already committed to do that – a year ago – but we have yet to see it.

“I’m proud of the changes we’ve made in our compliance and enforcement program,” Glenn said.

Other Business
The EMC took significant amounts of time with three appeal issues before it. First was Canaan Systems v. ADEM, regarding a waste water system in a residential development. After oral arguments, the Commission voted 4-2 in support of ADEM’s position. Scott Phillips and Sam Wainwright were the dissenting votes.

Secondly, Lippert Bank Services v. ADEM and Santek Environmental was before the commission regarding the modification of a permit for the M. Olive Landfill in Jefferson County. The crux of the issue was whether or not Lippert had retained the services of a lawyer to properly represent him. The Commission voted 5-1 in the department’s favor, with Phillips as the lone dissenting vote.

Thirdly before the Commission was Friends of Hurricane Creek and John Wathen v. ADEM and SDW regarding pollution to a tributary of Hurricane Creek. No party was happy with the administrative law judge’s ruling which stated FOHC and Wathen had standing, but imposed a new penalty for SDW’s violations of its stormwater permit. The Commission had six options for their ruling and voted that Wathen and FOHC didn’t have standing and returned the penalty to the original one ADEM had levied. It passed 4-2, with Archie and Phillips voting against.

A fourth item involving Black Warrior Riverkeeper v. ADEM and Shepherd Bend coal mine was tabled until October.

Directors Report
Director Glenn gave a brief (10 minute) overview of ADEM activities. He discussed budget woes at the agency, but stated ADEM is no worse off than any other agency because they rely heavily on funding from its “customers” – referring to permit fees. He also discussed the operating plan of the agency, reminding the Commission of their charge of him when he started 4.5 years ago – “take a good agency and make it better.”

Commissioner Archie questioned Glenn and the department about their reporting practices on federal stimulus dollars after Glenn reported on the revolving loan fund and other programs. Glenn assured her that ADEM is following quality control measures required by the federal government.

In response to a request by the Conservation Alabama Foundation to set up a study committee on air toxics, Glenn stated that there had been several studies already on air toxics and they ignored the elephant in the room – mobile emissions. Instead of working to solve the cumulative risk issue from air toxics emitted from stationary sources (where ADEM already have statutory authority), they are going to focus their efforts on an education effort on school bus diesel fumes. They have developed “idle free zones” around schools to cut down on emissions while buses are waiting to pick up or drop off children.

Chair Report
Although Chair Laurel Gardner was absent, Vice Chair Sam Wainwright brought up the items she had on the agenda. First was a discussion of greenhouse gas emissions. Phillips reminded Wainwright that a 1998 resolution by the Alabama State Legislature precluded ADEM’s director from discussing global warming and greenhouse gas emissions. They are seeking further guidance on what and how they discuss this topic given the legislative limitations.

Secondly, the Chair sought a discussion of a proposal in the ADEM Operating Plan for a methodology to quantify compliance rates for major ADEM programs. Phillips said we need to look at compliance and how the department achieves compliance.

Quick Notes
In attendance were Archie, Pierce, Phillips, Wainwright, Brown (arriving late), and Lester…New Commission members Lanier Brown and Conrad Pierce were named to the Personnel Committee….The next meeting is set for October 16, 2009 at 11 a.m.

by Adam R. Snyder

Imagine a six-lane highway is planned to crisscross your community. Maybe your neighbor’s home will be destroyed, but your home will be spared — only to be left standing to listen to the wail of semis and SUVs whizzing by what used to be a quiet community park. The road has been in the works for months, maybe years, but it is only now, in the final stages, that you and your neighbors are privy to the plan.

How would you feel? What would you say? What would you do?

Nearly 40 years ago, so-called “not-in-my-backyard,” or NIMBY, advocates were faced with this very problem. With little money, little political power and desperately little time, they saved several historic neighborhoods from destruction. And today, these neighborhoods are the crown jewels of Birmingham.

The city planned a spur from the Red Mountain Expressway to eliminate “blighted houses” in the Highland Park and Forest Park neighborhoods and to connect commuters directly to the airport. Young families organized, vocally at times, to stop the destruction of their neighborhoods.

But they met opposition and were told they were holding up progress. They were reminded of the old adage “you can’t fight city hall.” But still, they fought on.

In the end, the road was never built. And a generation later, property values in these historic neighborhoods have grown exponentially, protecting a vibrant community. Very few could imagine a highway in place of these quintessential Birmingham neighborhoods and their historic residences.

Is this story of yesteryear really any different whether we’re talking about a highway, a railroad yard, a coal mine or a quarry in our communities today?

While the fundamental American right of citizens to organize and determine the fate of their community should never be demonized, the continual battle between community advocates and economic interests suggests practical reform of the development-siting process is needed.

Too often, there is a disconnect between the industries looking to locate in a community, the economic recruiters who are trying to lure them in, the elected officials responsible for the area and the citizens who will be impacted by the project. The citizens often see the secrecy of the economic recruitment process as underhanded and exclusionary. The industries, recruiters and, at times, the elected officials can see the citizens as NIMBYs who don’t appreciate the economic opportunity they are bringing the community. Late in the process at public meetings, economic interests try to win public support based on the merits of the project itself. However, at that point, many citizens oppose projects less on the merits and more on the fact there was a lack of openness in the process.

Citizens get angry. Industries and recruiters get defensive. And elected officials are caught in the middle of trying to appease their constituents as well as influential business interests. Communication breaks down, and distrust grows.

There’s got to be a better way.

Both the economic development and citizen interests must do a better job of working together with open communication in the economic recruitment process.

First of all, our communities should proactively determine “community criteria” — a vision of what we want our communities to be like now and in the future. Such an open effort should draw from all sectors of the community and be reflective of the diverse views of the citizens.

Second, from the criteria, our communities should develop economic-development plans that reflect our values and desires for the future. Citizen leaders and elected officials should work cooperatively with economic recruiters to lure companies and projects that reflect the communities’ visions.

Third, economic development interests should include citizen leaders early and openly in the recruitment process. Too often, distrust grows out of control because there was not inclusive communication in the beginning.

Fourth, while citizen groups should expect to be included in the economic-recruitment process, citizens and economic interests must work together in good faith throughout the process, which means open communication, compromise and consensus.

Finally, elected officials should serve as trusted, neutral parties who facilitate conversations among all the interests involved. Nothing erodes trust more than citizens thinking their elected officials are representing the economic interests at the exclusion of the people who put them into office.

Economic growth that is not rooted in the values of the community is corporate tyranny, just as a community blocking economic development projects for the sake of opposition is mob rule. When it comes to economic development, we need a more open process that includes more citizen leaders from the outset in order to build trust, avoid conflict and grow communities we all want to live, work and play in.

Only then will more communities and economic interests enjoy the success Forest Park and Highland Park have enjoyed — hopefully without the heartache.

Adam R. Snyder is the executive director of the Conservation Alabama Foundation.

E-mail: asnyder@conservationalabama.org

This piece ran in the Birmingham News, the Montgomery Advertiser, and the Opelika-Auburn News.

While some say we can only have the future we can afford, the problem is hard-working Alabamians cannot even afford the present we have, much less a future based on business-as-usual.

The same is true across the country. The American economy is losing 600,000 jobs a month, and citizens are clamoring for something new.

By this point, we should all be able to agree that the status quo is not working. But new jobs will require developing new industries. In fact, the promise of millions of new good-paying jobs lies within our reach. But it will require moving in a new direction. In short, it will require a new energy policy – one that will make America a global leader in clean energy.

The national energy policy that has guided us for the past 30 years has been an absolute failure: we’ve nearly doubled our dependence on foreign oil, been left vulnerable to price spikes, and failed to invest in promising new technologies. As a result, we have an economy that is exporting jobs and importing ideas and products, which hurts the hard-working families of Alabama the most.

Jobs have exited Alabama at a rapid pace, leaving our state with an unemployment rate of nine percent in April, and some Black Belt counties such as Wilcox at more than 20 percent unemployment. Alabamians can no longer afford business as usual – we need innovation and leadership that will result in a new energy economy in Alabama.

Right now, only about one of every four clean energy companies is based in the United States. Germany’s second largest export, after cars, is wind turbines, and they also deploy nearly half of the world’s solar panels. Even though the U.S. wind industry is booming in the Great Plains and West, more than 70 percent of the turbines popping up across the country were actually built overseas.

This is not the American way.

Investing in clean energy sectors in the United States will not only give us the opportunity to catch up on the skills that many other countries already possess, but it also will allow us to transfer the solid skills that we already have to growing industries.

Right now, the auto industry crisis means that many skilled manufacturers in Alabama are hurting, but an energy plan that includes the development of plug-in electric vehicles will require those same manufacturing skills to make better cars. The same skills that were needed to build homes before the housing collapse will be in demand to retrofit those homes so they don’t waste energy.

Making advancements in clean energy isn’t about the old industries fighting with the new; it’s about adapting our methods to fit our needs. Right now, we need the smart solutions in the American Clean Energy and Security Act (H.R. 2454) to help us develop better ways of using energy and open up new prospects for our workers.

The American Clean Energy & Security Act would boost production of alternative energy, increase the efficiency of our buildings and homes, and stimulate trillions of dollars of private investment in new technologies and industries. The bill also invests $10 billion in advanced coal technology – putting the U.S. into the game of developing technologies to capture and store pollution from coal, which Southern Company and the U.S. Department of Energy will be studying at a facility in Shelby County.

The bill is set to go before the U.S. House of Representatives this month. Alabamians need our members of Congress to take leadership on finding ways to make this legislation work for strengthening Alabama’s economy, instead of defending the status quo on energy.

Our business-as-usual approach in Alabama has gotten us into an economic mess. Only innovation, and leadership from our Congressional delegation, can set us on a new path that will put people back to work in a clean energy economy, improve national security by keeping jobs and energy sources at home, and reduce environmentally damaging carbon emissions.

Alabama cannot afford business as usual. And we cannot afford to miss the clean energy opportunity and the millions of new jobs it will create. Contact your member of Congress today and let him know you want Alabama, and America, to follow a new clean energy path.

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