Showing posts with label posted by Nurbahiyah bt Ab Rahman. Show all posts
Showing posts with label posted by Nurbahiyah bt Ab Rahman. Show all posts

Saturday, September 1, 2007

environmental law

For economic growth, tougher environmental laws?

By Mark Clayton Staff writer of The Christian Science Monitor
When tiny Clipper Windpower builds its first factory, perhaps this year, it will automatically become America's second-largest manufacturer of wind turbines. The Carpinteria, Calif., company even has a hot new technology that should be a sure thing.

But it's still hunting for financing because being a wind-turbine builder in the United States is tough, so tough that only one other US manufacturer exists.

In 20 years, the US has gone from leading the world in wind-energy manufacturing - with at least a dozen enterprising firms - to lagging badly. Companies in Germany, Denmark, Spain, and elsewhere have grabbed the technological lead and now hold roughly 80 percent of a $8 billion market that's growing 25 to 35 percent a year.

The reason? Some experts point to lax clean-air laws in the US. That's right. Weak environmental regulations may hurt, not help, industries by blunting their technological edge. Such contrarian logic, controversial among economists, is about to be put to the test.

By not signing the Kyoto Protocol, the US has set itself apart from most of the industrialized world. So will its companies flourish, thanks to lower environmental costs - or lose out to foreign firms that cut greenhouse gases?
When it comes to green technologies, some contend the record is pretty clear.
"There are major technological and competitive benefits in getting to clean up your act," says Amory Lovins, who heads the Rocky Mountain Institute, an energy and environment think tank in Snowmass, Colo. "By passing on Kyoto, the US will reduce its competitive advantage compared to overseas firms paying attention to carbon reduction."

Consider air-pollution controls, known as scrubbers. After the 1970 Clean Air Act mandated that about a third of power plants clean up their emissions, the US scrubber industry became a world leader. American companies became the first large exporters of scrubber technology to other nations, industry experts say. But after a fast start, the industry stagnated during the 1980s as many power plants were able to avoid scrubbers. When tougher laws went into effect in the '90s, the industry perked up.

Meanwhile, Germany and Japan implemented strict air-pollution laws that kept getting stricter. Today, Japanese, German, and Danish companies have pioneered technologies while some experts say the US lags in key areas.

"The country that's first with the toughest regulations becomes the biggest net exporter of pollution-control equipment," says Robert McIlvaine, an industry analyst. For example: Germany and Japan have been requiring power plants to reduce nitrogen oxides (NOX) for at least 20 years. Result: German and Japanese firms have a big edge today in the lucrative market for selective catalytic reduction technology. Now that NOX regulation has come to the US, American pollution-control companies are sometimes forced to license or purchase crucial anti-NOX technology from Japanese, German, or other foreign firms, Mr. McIlvaine says.

Sometimes even more dramatic has happened in solar photovoltaics. Solar cells, which convert sunlight into electricity, were invented and pioneered in the US. A domestic industry began growing rapidly. As recently as 1997, the US still led the world in solar panel production.

Today, though, the US makes only about 10 percent of global solar panel output, says the Solar Energy Industries Association (SEIA), a trade group. Major subsidies and other government incentives in Japan and Germany created the markets and the technological, manufacturing, and cost advantages to those countries. Many US solar panel installers now buy Japanese modules.

"It's not that our technologies were inferior, but we didn't have the public policy or patience to build the industry," says the SEIA's Colin Murchie. While Europeans subsidized solar and wind production, the US offered tax breaks for fossil fuels and has allowed its wind-production tax credit to lapse repeatedly.

When the US did lead on a global environmental issue, however, it translated into a substantial competitive advantage for a number of American manufacturers.

Road to success: not always paved with green technologies
Many countries have tried to boost their competitiveness by supporting research in green technologies. But the results are mixed. For example:
• The United States in the '70s and the '90s increased research funds, but with few long-lasting effects.
• Japan launched its Research Institute of Innovative Technology in 1990 as a research hub. It regularly announces new initiatives, such as biodegradable plastics, that some Japanese corporations have picked up. Critics remain skeptical.
• The European Commission last year launched a plan to boost funding in research in fuel-saving engines, soil-cleaning techniques, and other Earth-friendly technologies. It's too soon to judge its lasting impact.
In the mid-1980s, when British scientists documented a huge hole in the ozone layer over Antarctica, Dupont was a leading maker of chlorofluorocarbons, or CFCs, a refrigerant and one of the chief causes of ozone depletion. But instead of fighting to block CFC regulation, the company joined the Reagan administration in leading the global community in a phaseout of CFCs. Dupont soon developed an alternative to CFCs it deployed ahead of competing products, developing a lucrative global market.

The development of new technology that could use one of Dupont's alternative cooling substances, dubbed HFC, helped spawn a new generation of more efficient compressors that have led to refrigerators that use only about a third of the energy they did in the 1970s. The result has been a huge energy savings worldwide.

Of course, green technology represents only a small part of the nation's economy. Gauging whether stricter environmental regulation helps - or hurts - the overall economy is tougher and more controversial.

"We find no evidence that improving environmental quality compromises economic progress," wrote Michael Porter of Harvard Business School and Daniel Esty of Yale University in a 2002 study of leading industrialized nations. That doesn't prove that one causes the other, Dr. Esty is quick to point out in a phone interview. But "there's good reason to believe that there's a connection."

Many economists disagree. "To suggest that there will be all of these savings as [businesses] comply with regulations is just silly," says Paul Portney, president of Resources for the Future, a nonpartisan economic think tank. "It's wishful thinking. I would love it if, when regulating firms, we helped them see all these other opportunities, but it's a hopelessly naive view."

In any case, all of America's green technology isn't lost. For example: US firms, pioneering a nanotechnology that can print solar cells on fabric or plastic to make flexible solar power, could become world-beaters, Mr. Murchie says. But they may only have a few years to do it.

U.S environmental laws

U.S ENVIRONMENTAL LAWS
A list of major U.S. federal laws (unless otherwise indicated) pertaining to the environment.

Atomic Energy Act (1954): Was passed because of the government's keen interest in monitoring the commercial and national defense uses of atomic energy. Government concerns included radiation hazards and the disposal of radioactive waste. The act establishes a general regulatory structure for construction and use of nuclear power plants and nuclear weapons facilities. Unlike most environmental statutes, it does not permit citizen suits and affords only limited opportunities for suits by public interest groups.

Clean Air Act (1970): Sets goals and standards for the quality and purity of air in the United States. By law, it is periodically reviewed. A significant set of amendments in 1990 toughened air quality standards and placed new emphasis on market forces to control air pollution.

Clean Water Act (1972): Establishes and maintains goals and standards for U.S. water quality and purity. It has been amended several times, most prominently in 1987 to increase controls on toxic pollutants, and in 1990, to more effectively address the hazard of oil spills.

Coastal Zone Management Act (1972): Provides a partnership structure allowing states and the federal government to work together for the protection of U.S. coastal zones from environmentally harmful overdevelopment. The program provides federal funding to participating coastal states and territories for the implementation of measures that conserve coastal areas.
Comprehensive Environmental Response, Compensation and Liability Act (1980): Requires the cleanup of sites contaminated with toxic waste. This law is commonly refered to as "Superfund." In 1986 major amendments were made in order to clarify the level of cleanup required and degrees of liability. CERCLA is retroactive, which means it can be used to hold liable those responsible for disposal of hazardous wastes before the law was enacted in 1980.


Emergency Planning and Community Right-to-Know Act (1986): Requires companies to disclose information about toxic chemicals they release into the air and water and dispose of on land.
Endangered Species Act (1973): Is designed to protect and recover endangered and threatened species of fish, wildlife and plants in the United States and beyond. The law works in part by protecting species habitats.


Federal Food, Drug, and Cosmetic Act (1938): Is the nation's major law regulating contaminants in food, including pesticides. The Food and Drug Administration implements most of this law; the Environmental Protection Agency carries out its pesticide standard setting provisions (with FDA enforcement). See also Food Quality Protection Act.

Federal Land Policy and Management Act (1976): Provides for protection of the scenic, scientific, historic and ecologic values of federal lands and for public involvement in their management.

Federal Insecticide, Fungicide, and Rodenticide Act (1947): Controls the sale, distribution and application of pesticides; amended in 1972, 1988, and 1996. See also Food Quality Protection Act.

Food Quality Protection Act (1996): Is designed to ensure that levels of pesticide residues in food meet strict standards for public health protection. Under this law, which overhauled the Federal Food, Drug, and Cosmetic Act and the Federal Insecticide, Fungicide, and Rodenticide Act, the Environmental Protection Agency is required to better protect infants and children from pesticides in food and water and from indoor exposure to pesticides.

Fisheries Conservation and Management Act (1976): Governs the management and control of U.S. marine fish populations, and is intended to maintain and restore healthy levels of fish stocks and prevent overharvesting. Better known as the Magnuson Stevens Act.

Marine Mammal Protection Act (1972): Seeks to protect whales, dolphins, sea lions, seals, manatees and other species of marine mammals, many of which remain threatened or endangered. The law requires wildlife agencies to review any activity -- for example, the use of underwater explosives or high-intensity active sonar -- that has the potential to "harass" or kill these animals in the wild. The law is our nation's leading instrument for the conservation of these species, and is an international model for such laws.

National Environmental Policy Act (1970): Was the first of the modern environmental statutes. NEPA created environmental policies and goals for the country, and established the President's Council on Environmental Quality. Its most important feature is its requirement that federal agencies conduct thorough assessments of the environmental impacts of all major activities undertaken or funded by the federal government. Many states have enacted similar laws governing state activities.

Oil Pollution Act (1990): Enacted a year after the disastrous Exxon Valdez oil spill in Alaska's Prince William Sound, this law streamlines federal response to oil spills by requiring oil storage facilities and vessels to prepare spill-response plans and provide for their rapid implementation. The law also increases polluters' liability for cleanup costs and damage to natural resources and imposes measures -- including a phaseout of single-hulled tankers -- designed to improve tanker safety and prevent spills.

Proposition 65 (1986): Is a California law passed by voter initiative. Known as the Safe Drinking Water and Toxic Enforcement Act, Prop. 65 is designed to provide public warnings about the risk of exposure to toxic chemicals and to eliminate toxins from drinking water supplies. It is responsible for California having some of the strongest environmental protections in the nation, and thus has helped make the state a model for other regions seeking to address environmental hazards.

Resource Conservation and Recovery Act (1976): Seeks to prevent the creation of toxic waste dumps by setting standards for the management of hazardous waste. Like CERCLA, this law also includes some provisions for cleanup of existing contaminated sites.

Safe Drinking Water Act (1974): Establishes drinking water standards for tap water safety, and requires rules for groundwater protection from underground injection; amended in 1986 and 1996. The 1996 amendments added a fund to pay for water system upgrades, revised standard: setting requirements, required new standards for common contaminants, and included public "right to know" requirements to inform consumers about their tap water.

Surface Mining Control and Reclamation Act (1977): Is intended to ensure that coal mining activity is conducted with sufficient protections of the public and the environment, and provides for the restoration of abandoned mining areas to beneficial use.

Toxic Substances Control Act (1976): Authorizes the Environmental Protection Agency to regulate the manufacture, distribution, import and processing of certain toxic chemicals