Tag Archives: law

The Green New Deal and Solarpunk

If you’ve been following US Politics, you may have heard rumblings of a Green New Deal. My first encounter with the term was during the 2012 Presidential Election when Jill Stein noted the necessity of mobilizing the nation to combat climate change and improve the economy at the same time. Seven years later, the US has made little progress at the federal level in addressing climate change. The few exceptions to this are being contested by the Trump administration including CAFE standard improvements and the Clean Power Plan. With the IPCC’s October 2018 report saying we have 12 years to get our act together, it’s time to declare war on climate change.

For a very in-depth look at the Green New Deal, check out David Roberts’ piece at Vox. There are three main criteria for the GND as outlined by Representative-elect Alexandria Ocasio-Cortez and reiterated by Sunrise Movement on Twitter:

As a solarpunk, it’s hard to argue with the goals of the Green New Deal. As a pragmatist, it’s hard to see much happening in the current political climate in regards to real climate action at the scale of the Green New Deal. It isn’t all gloom and doom though, as there does seem to be a glimmer of hope for the two biggest policy changes that I think will bring us closer to a solarpunk future: a price on carbon, and term limits for Congress.

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Pricing Carbon

As Sara E. Murphy points out in her piece at Green Biz, while the Green New Deal is the attention-getting piece of legislation, we’re likely to see significant push-back from the Republicans in Congress. A carbon tax or cap-and-trade scheme is starting to see some traction on both sides of the aisle, however, such as the Energy Innovation and Carbon Dividend Act of 2018 with it’s mix of Republican and Democratic sponsors. Putting a price on carbon is the most straightforward way to get the private sector reducing emissions of carbon dioxide here in the US. Even many Libertarians see the logic in accounting for externalities, particularly when they impact people’s rights to the commons of the atmosphere.

While the federal government in the US has fallen behind in climate leadership, California has already enacted a cap-and-trade system for carbon dioxide emissions, and there are many state and local initiatives working to stay on track with emissions targets set by the 2015 Paris Agreement. One that is particularly exciting is the United States Climate Alliance, which will be adding even more members following the 2018 midterm elections.

Term limits for US Congress

Why am I including a possible Amendment to the US Constitution as something to help us reach a solarpunk future? This video from Term Limits for US Congress is a more detailed answer, but the long and short of it is that Congress no longer represents the people. With some recent polls showing that even the majority of Republicans support environmental protection and climate action, it’s increasingly clear that the old guard on Capitol Hill is out of touch with the majority of Americans. The newest members of Congress are a closer match to the actual demographics of the country, but we still have a long way to go to having true representation in DC.

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There are two mechanisms for passing a Constitutional Amendment in the United States. The first requires both the House and the Senate to approve the Amendment by a supermajority, at which point the Amendment must be ratified by 38 of the 50 states. Senator Ted Cruz has proposed a Constitutional Amendment that would limit Senators to two terms and Representatives to three terms, but getting career politicians on The Hill to fire themselves seems like a tough sell.

The second way to pass an Amendment, as laid out in Article 5 of the US Constitution, is for 34 states to call for a convention regarding a specific topic where they hammer out the proposed Amendment. Once ratified by 38 of the 50 states, it becomes part of the Constitution just like any of the other Amendments that have been enacted.

My wish list for 2019 would be that we get a price on carbon and term limits for Congress. It might be a tall order, but solarpunks are an optimistic lot, so there is still hope in the face of the strong institutional opposition to climate action.

Do you have any thoughts on what legislative pressure points might be best for affecting climate action in your area? Sound off below!

 

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Why we can do better

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I recently went on a gold mine tour in Virginia’s Lake Anna State Park. At one of the stops, the ranger was talking about the various technologies people in the area had used to extract gold from the river. When she started talking about the steam-driven stamp mills, she said that a miner would have about 60 days of operating the machine before they went completely deaf. One of the children in the audience asked, “Why did they make the machine if it would make the miners go deaf?”

My first reaction was to think this was a silly question, since obviously the people who ran the mine would want to extract the most gold for the least cost regardless of what that meant for workers. The more I thought about it though, the more I realized that this was a really good question. Is gold really so important that people should be risking their lives or their well-being for it? The ranger also told us that all of the gold mines in the United States had been shut down during the world wars since gold wasn’t a strategic material.

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What things are really so important that people should risk their life and limb to obtain them? Any animal needs water, food, shelter, and space for their habitat. It would make sense that these are the things we should focus our efforts on and be willing to sacrifice to ensure. These are the things afforded travelers by the guest rights present in many ancient cultures.

At our current place in history, it seems we’ve forgotten these basics. We send people into dangerous mines for minerals that could be reclaimed (often at great monetary cost) as corporate capitalism makes human life less worthwhile than inexpensive resource extraction. I don’t suggest we go back to the Dark Ages, but I am suggesting we rethink what we value. If a job is important enough that it needs doing, we should be setting a living wage for the people doing it.

Putting people above profits will give us a more equitable world, one of the most important parts of a solarpunk society. To truly have a free market, you have to take as many variables into account as possible. Externalities like pollution and loss of human life should be factored into doing business and not just laid at the feet of the government or individual citizens. That’s not a free economy. That’s corporate welfare.

What other externalities concern you? What do we need to consider when designing our economies?

Law in space…

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Solarpunks who love space will be want to listen to “21st Century Prime Directive,” from the This Week in Law (TWIL) podcast. The panel discusses the various laws and treaties that have governed over 50 years of peaceful space exploration.

Specific topics for this episode included space property rights, the creation of a US Space Force, and 3D-printed Moon bases. I was particularly excited by their in-depth analysis of space mining since it could reduce environmental degradation on Earth.

If you like technology and law, then I would recommend listening to TWIL on a regular basis. They have a lot of fun discussing the implications of various technologies on the law and vice-versa. The next episode, “A Sheepish Clone” is all about bioethics, biohacking, and genetics if space isn’t your thing.

Do you have concerns about the legality of the US Space Force? Think we need to ban mining on Earth in favor of asteroids? Sound off below!