regulation

Fri, 2012-10-19 11:00Carol Linnitt
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China-Canada Investment "Straitjacket:" Interview with Gus Van Harten Part 3

This is the third and final post in the series China-Canada Investment “Straitjacket:” Exclusive Interview with Gus Van Harten. You can access Part 1 here and Part 2 here.

Canada has already begun the short countdown to the day the China-Canada Investment Deal becomes ratified in the House of Commons, although the nation has been granted no opportunity to clarify or discuss the full economic or environmental significance of the agreement - the most significant in Canada's history since NAFTA.
 
Prime Minister Harper, who signed the agreement in Vladivostok in September, is forcing this deal through with such force and brevity it makes the undemocratic Omnibus budget bill C-38 look like a dress rehearsal. 
 
International investment lawyer and trade agreement expert Gus Van Harten has landed center-stage in the controversy as one of the only figures willing and qualified to speak up against the investment agreement. He told DeSmog that Canada's rush to enter into an investment deal of this sort endangers Canadian democracy, threatens Canadian sovereignty and could fracture the government's loyalty to its people. 
 
In this post, the final segment of our interview with Van Harten, he discusses in more detail just how bad this deal is for Canada economically and how much it threatens to corrupt our way of doing business. 
Wed, 2012-10-17 14:23Carol Linnitt
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China Investment Treaty "a Straitjacket" for Canada: Exclusive Interview with Trade Investment Expert Gus Van Harten

This post is the first of a series on the Canada-China Investment “Straitjacket:” Exclusive Interview with Gus Van Harten. You can access Part 2 here and Part 3 here.

I recently picked up a copy of Francis Fukuyama's 2011 book, The Origins of Political Order. Sitting on the bedside table at the house I was staying at, the book made for some 'light' bedtime reading. I heaved the enormous tome onto my lap and, opening it to a random page, read this alarming passage: 

There is no rule of law in China today: the Chinese Communist Party does not accept the authority of any other institution in China as superior to it or able to overturn its decisions. Although the People's Republic of China has a constitution, the party makes the constitution rather than the reverse. If the current Chinese government wanted to nationalize all existing foreign investments, or renationalize the holdings of private individuals and return the country to Maoism, there is no legal framework preventing it from doing so (Pg 248)

My concerns with China's treatment of foreign investments arose in light of China's recent bid for Nexen, a Canadian company with large holdings in the Alberta tar sands. Since Canada is having trouble with the management of the tar sands now, what would it look like if we had Chinese state-owned enterprises like the Chinese National Offshore Oil Company (CNOOC) in the mix?

It turns out the problem is of magnitudes greater than I had originally conceived, and concerns not only Canada's management of its resources, but its sovereignty, its democracy, and the protection of the rights and values of its citizens.

Perhaps most strikingly, Canada is embracing this threat, showing telltale signs the real culprit in this dangerous deal isn't China at all.

In order to untangle the web of an international trade deal as complex as the China-Canada Investment Treaty, which establishes the terms of the Nexen deal - the biggest overseas takeover by a Chinese company -  I spoke with Professor Gus Van Harten of Osgoode Law School, an expert on foreign investment deals of this sort.

Below is Part 1 of our interview:

Mon, 2012-08-27 12:41Farron Cousins
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Fuel Economy Standards To Save U.S. Consumers Billions, Create Jobs, Yet Republicans Say Too Expensive

A proposed rule by the Obama Administration to raise fuel economy standards for cars and “light-trucks” is facing mounting attacks by Republican lawmakers. The proposed rule would require all newly manufactured automobiles that fall under the car or light truck category to achieve a minimum gas mileage of 54.5 miles per gallon by the year 2025.

The crusade against the new CAFE standards is being led by Republican Darrell Issa, the chairman of the House Committee on Oversight and Government Reform. Issa claims that the new standards amount to “coercion” of the auto industry. Rep. Issa has received more than $188,000 from the oil industry during his career, according to the Center for Responsive Politics.

Issa’s statements show how out of touch he truly is with both economics and business, as the new standards were the result of cooperation between the Obama Administration and the auto industry itself.

The new fuel economy standards have been approved by Ford, GM, Chrysler, BMW, Honda, Hyundai, Jaguar, Land Rover, Kia, Mazda, Mitsubishi, Nissan, Toyota and Volvo, who together control 90% of the United States’ auto sales market.

Mon, 2012-08-06 09:40Farron Cousins
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House Republicans Sacrifice Human Health For Alleged Job Creation

With July 2012 officially behind us, the U.S. jobs report for the month has economists and politicians concerned about the employment situation in America. And even though the economy added 163,000 jobs (economists had predicted only 100,000 jobs to be added for July,) the unemployment rate and the underemployment rate both crept slightly upwards. And with national elections coming up in three months, poor jobs numbers could be bad for our health.

If history is any indicator, Conservative politicians and think tanks will use last month’s poor jobs report in an attempt to provide massive giveaways to their friends in the dirty energy industry. They attempted the same thing after below-average job growth in May of this year, claiming that approval of the Keystone XL pipeline would be the job boon that Americans desperately need.

But Republicans in Washington didn’t wait for a bad jobs report before they started planning their dirty energy bonanza, but its likely they will use it as a catalyst to gain more support for their disastrous plans.

In mid June of this year, Republicans on the “House Energy Action Team” (HEAT) proposed a set of bills that would destroy many of the safeguards that are currently in place to protect our environment and our personal health in order to make things “easier” for businesses to create jobs without worrying about those pesky safety standards. What the package of legislation is really about is repaying HEAT members’ financiers from the dirty energy industry who stand to save a ton of cash by destroying regulations.

The legislation package would remove many current existing safeguards for environmental and public health until the unemployment rate drops below 6%, a rate that hasn’t been seen since July 2008, when it was 5.8%. Since that month four years ago, the rate has stayed consistently above 6%, according to the Bureau of Labor Statistics.

Fri, 2012-07-20 10:32Farron Cousins
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White House Wants Industry Help To Choose Which Regulations To Kill

When the Obama White House begins adopting the same talking points as the dirty energy industry, something has gone horribly wrong with our government. But that is exactly what is happening today, with the White House apparently buying into the repeatedly debunked industry talking point that claims that government regulations are killing jobs.

The White House has created a new page on their website – whitehouse.gov/advise – where they are asking businesses to tell the government which regulations are burdening their business so that the government can decide whether or not to kill that regulation.

Featured on the website is a video by Cass Sunstein, Administrator of the Office of Information and Regulatory Affairs, where he tells businesses that the White House will do what is necessary to do away with burdensome regulations in order to spur job growth.

Here’s the video:

Tue, 2012-05-08 22:20Farron Cousins
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Fracking Disclosure Proposals: Way Too Little, Much Too Late

The federal Bureau of Land Management (BLM) has finally decided to do something about the lack of oversight regarding fracking fluids. A new proposal by the agency would finally require the fracking industry to disclose the chemical cocktails they are injecting into the ground at fracking well sites. The only problem with the proposal is that it would only require disclosure after the chemicals were put into the ground, meaning that the potential for contamination wouldn’t change a bit.

ENS Newswire lays out the basics of the BLM proposal:
  

Now, the BLM proposes three new practices to protect public health, drinking water, and the environment. First, the agency proposes to require the public disclosure of chemicals used in fracking operations on federal and Indian lands after fracturing operations have been completed.

Second, the BLM proposes to require confirmation that wells used in fracturing operations meet appropriate construction standards. The agency says this would improve assurances of well-bore integrity to verify that fluids used in wells during fracturing operations are not escaping.

And third, the agency proposes to confirm that oil and gas operators have a water management plan in place for handling fracturing fluids that flow back to the surface.

While the proposal to force disclosure on fracking fluid contents is a step forward, the fact that they would still be allowed to be injected underground without disclosure is a step backwards.

Sat, 2012-04-07 12:06Farron Cousins
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Who Is Monitoring Fracking Wells And Pipelines? Nobody

As we here at DeSmogBlog have been covering in exhaustive detail for quite some time now, there is virtually no safe way to perform hydraulic fracturing (fracking) for unconventional oil and gas.

Fracking has been linked to numerous problems, including the release of radioactive molecules that cause an array of health problems, earthquakes, and groundwater contamination. Cancer, pollution, environmental destruction – all of these things have been linked to the practice of fracking in recent years.

So with all of the dangerous side effects, you’d expect the practice to at least be heavily monitored by some sort of official watchdog group.

You’d think so, but you’d be wrong. According to new studies, there is a dangerous lapse in oversight for fracking wells and the pipelines being used to transport gas from these wells. From News Inferno:

Mon, 2012-02-06 09:56Farron Cousins
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Here We Go Again – Republican Attacks On EPA Kick Off 2012 Agenda

With the U.S. Environmental Protection Agency (EPA) set to finally enact stricter air pollution standards in accordance with the Clean Air Act and two subsequent U.S. Supreme Court decisions requiring them to do so, powerful Republicans in the U.S. House of Representatives are working to make sure that the new standards never see the light of day. The specific measures being targeted are the EPA’s new standards for carbon emissions from power plant smoke stacks.

Fred Upton (R-MI), chairman of the House Energy and Commerce Committee, along with Republicans Joe Barton (TX) and Ed Whitfield (KY) sent a letter last week to the White House, demanding that the Obama administration take action to stop the EPA from regulating carbon emissions from power plants.

From their letter:

Thu, 2012-02-02 12:21Farron Cousins
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Exporting Emissions: Coal Supplies Heading Overseas, But Pollution Will Hurt Everyone

The coal industry in the United States has found a way to increase their profits, while at the same time avoiding the cumbersome environmental standards in place to protect American citizens from coal emissions – they can just ship their filthy products overseas where regulations are scarce. As coal consumption in the U.S. has fallen in recent years, the dirty energy industry has hardly noticed, thanks to the increased demand from foreign buyers.

While the fact that the U.S. is burning less and less coal is a good thing, shipping the excess coal to foreign countries could more than negate the emissions reductions in the U.S. As Ezra Klein from The Washington Post points out:

The U.S. is burning less and less coal each year, thanks to cheap natural gas and new pollution rules. From a climate perspective, that’s a huge deal — less coal means less carbon. But here’s the catch: if the U.S. just exports its unused coal abroad, the end result could actually be more carbon…

So here’s one possible future: If we’re not going to burn our coal, someone else will. One Tokyo shipping company, Daiichi Chuo Kisen Kaisha, says that U.S. coal exports could double in the next three or four years. In Washington state, coal companies are proposing two large export terminals that would help ship tens of millions of tons of coal from the Powder River Basin to countries like China. That, in turn, could make coal even cheaper in places like China — which might spur the country to build even more coal power plants than its current, already hectic pace. And, since carbon-dioxide heats up the planet no matter where it’s burned, this outcome could cancel out many of the global-warming benefits of the U.S. coal decline. (emphasis added.)
Fri, 2012-01-13 12:53Farron Cousins
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US Chamber of Commerce Jobs Plan Rehashes Old, Debunked Talking Points

The U.S. Chamber of Commerce released its “The State of American Business 2012” plan this week, outlining their own vision of how to create jobs in America. There were no surprises in Chamber President Tom Donohue’s address to business leaders. He simply rehashed the same tired talking points that we’ve seen from them for years.

In addition to enacting what they call a “globally competitive tax code” and “fixing our broken immigration system,” the Chamber threw out some classic gems that persist despite being able to withstand the truth test. From their newly launched FreeEnterprise.com website:

Produce American Energy and Rebuild Infrastructure. Approve the Keystone XL pipeline to put up to 250,000 Americans to work over the life of the project while preventing the EPA from enacting new regulations on fracking that sabotage a natural gas revolution. Complete Federal Aviation Administration reauthorization, which is more than four years delayed, to strengthen our aviation system and deploy the NextGen air traffic control system. Renew surface transportation funding legislation before it expires in March and invest in water infrastructure.

Advance Regulatory and Legal Reform. Pass the Administrative Procedure Act to restore sound science, quality data, and common sense to the regulatory system while curbing regulatory overreach by EPA and the National Labor Relations Board. Stop the expansion of liability at home and abroad that is sucking the vitality out of our nation’s job creators.

Put more bluntly, this is the Chamber's message: Do away with environmental and health protections and let the same companies that brought us the disaster in the Gulf of Mexico and countless other “accidents” expand oil drilling, fracking, and other dirty energy extraction methods in every possible place. “Trust us, we're experts,” they say.

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