Green Law

Have You Read? Recent Headlines at California Law Report

noreply@blogger.com (John Corcoran) — Fri, 10 Sep 2010 21:34:00 +0000

In case you haven't checked out my new blog, the California Law Report, I thought I'd include a number of links to articles I've posted over there. Here are some recent headlines:

New Blogs

noreply@blogger.com (John Corcoran) — Thu, 29 Jul 2010 23:50:00 +0000

Most of my blogging these days is done at two separate blogs which can be found here:

Please come visit me there!

Schwarzenegger Signs Bill Expanding Access to HOV Lanes

noreply@blogger.com (John Corcoran) — Wed, 07 Jul 2010 16:07:00 +0000

California Governor Arnold Schwarzenegger has signed a bill, AB 1500 (Lieu), which will allow new low-emission vehicles -- primarily electric vehicles -- access to HOV lanes throughout California no matter how many occupants are riding in the vehicle.

This is good news for Nissan, which plans to release the all-electric Nissan Leaf later this year. The fact that commuters driving a Leaf will be able to drive in California's 1,300 miles of HOV lanes will certainly be a selling point.

A separate California bill, SB 535, would allow plug-in hybrids such as a possible 2012 Toyota Prius Plug-In Hybrid and electric cars with range-extending gasoline engines (such as the 2011 Chevrolet Volt) to access the HOV lanes regardless of passengers. That bill has not yet passed.

Marin I.J. and Contra Costa Times Mention My New Position

noreply@blogger.com (John Corcoran) — Fri, 25 Sep 2009 22:51:00 +0000

I got a brief but nice mention in the Marin Independent Journal and the Contra Costa Times this week. As the Marin IJ reported in its "Movers & Shakers" column:

Marin attorneys Thane Schultz and John Corcoran have joined the San Rafael law firm of Plastiras & Terrizi.

Schultz, a longtime Marin resident, will focus on family law and general civil litigation. His previous work experience included stints with a civil litigation firm and two years running a family real estate development business in Australia.

Corcoran, a Tiburon planning commissioner, previously worked for a Silicon Valley law firm focusing on estate planning, employment law and small business representation.

I'm not sure whether I'm a "mover" or a "shaker," but if I find out, I'll post it here.

New Bill Prevents Attorneys From Taking Upfront Fees for Loan Modifications

noreply@blogger.com (John Corcoran) — Sat, 19 Sep 2009 21:45:00 +0000

The State Senate recently passed a bill which will significantly crack down on “fly by night” “loan consultant” operations which promise to modify people’s mortgages for a fee, but could also have the unintended consequence of making it harder for legitimate hardship cases to find a lawyer to represent them.

The bill, which Gov. Schwarzenegger is expected to sign, passed with wide margins in the State Senate, benefiting from the political backlash against loan modification outfits. SB 94 forbids anyone, including attorneys, from taking a retainer for the purpose of negotiating or attempting to negotiate residential loan modifications or for “other forms of mortgage loan forbearance” (presumably this language prevents attorneys from helping borrowers obtain a short sale as well). It also bars persons, including attorneys, from obtaining a power of attorney from a borrower for the purpose of negotiating a loan modification, a document which is often crucial in order to get banks to communicate with the attorney about the borrower. It also prevents these service providers from charging for their services until all services are complete and bars them from taking any lien of any type to guarantee payment.

Any person who does provide loan modification services must provide a large statement regarding loan modification fees prior to obtaining a signed fee agreement which warns the consumer that it is “not necessary to pay a third party to arrange for a loan modification or other form of forbearance from your mortgage lender or servicer. You may call your lender directly to ask for a change in your loan terms.”

While the Legislature is well intentioned in cracking down on disreputable companies which have taken advantage of homeowners in trouble, the problem with this bill is that it doesn’t recognize legitimate cases of individuals who have lost a job, received a cutback in hours at work, or gotten sick, and who legitimately need help negotiating a workout with their mortgage lenders. Attorneys commonly take a retainer in advance of providing services which must be deposited in the attorney’s client trust account. These retainers ensure the attorney will be paid and, in cases involving debts or a bankruptcy filing, this is often the only way people can obtain legal assistance, as attorneys would otherwise not risk not getting paid for their time and services. Many borrowers don’t have the time or patience to spend months and to follow up dozens of times with banks which have ever-changing requirements for mortgage relief, frequently lose paperwork provided to them, and/or flat-out refuse to help their borrowers out. Nonprofit housing counseling agencies are currently overwhelmed with people who have these kinds of problems and they can’t keep up with the demand. By passing legislation which is over-inclusive, it’s certain that some legitimate cases are going to find it more difficult to get an attorney to represent their interests.

UPDATE 9/19/09: Evidently, federal regulators at the Federal Trade Commission are also considering passing a ban on up-front fees for mortgage modifications. Hopefully the federal action will crack down on fraudulent mortgage modification offers without hurting legitimate situations in which homeowners in trouble desire to hire an attorney to assist them.

Twitter Defamation Lawsuit Highlights Emerging Legal Issues

noreply@blogger.com (John Corcoran) — Tue, 28 Jul 2009 18:25:00 +0000

You could see this coming. A Chicago landlord has sued one of its tenants for defamation for publishing a ‘tweet’ on Twitter which portrays the landlord in a less than flattering light.

Horizon Group Management filed a complaint in the Circuit Court of Cook County, Illinois, on July 20, 2009, against Amanda Bonnen, a tenant of Horizon residing at 4242 N. Sheridan Road, Chicago, Illinois.

The lawsuit, which can be found here, asks for $50,000 in damages for defamation.

Twitter is a micro-blogging site which allows users to communicate with their “followers” with short, 140-character posts. The site has received attention in recent months for its usage by celebrities, political leaders and even protestors and revolutionaries in countries such as Iran and Moldova.

This isn’t the first time a lawsuit involving Twitter has received attention. In July, St. Louis Cardinals Manager Tony La Russa dropped his lawsuit against Twitter, which sought unspecified damages because someone was pretending to be him and using Twitter to post "updates."

In addition, earlier this month Twitter co-founder Biz Stone (@biz) disclosed publicly that the service was considering legal options after a hacker hacked into his personal email account and Techcrunch published documents which had been leaked. (Full disclosure: I attended junior high with Biz Stone, though he was a few years ahead of me.)

We can expect additional novel legal issues to continue to come up as Twitter builds in popularity. For example, defendants in lawsuits who chronicle their day-to-day with dozens of short updates about what they’re doing may find their postings used as evidence against them. As far as I know, we haven’t yet seen a criminal prosecution where Twitter has been used to establish an alibi as of yet, but I’m sure we will soon.

Top 5 Tips for Obtaining a Loan Modification

noreply@blogger.com (John Corcoran) — Tue, 14 Jul 2009 20:43:00 +0000

We get a lot of calls from people who are looking for help with a loan modification. With so many people laid off, downsized, or suffering from the crushing weight of too much debt, there are many homeowners who simply can’t afford their mortgage. Unfortunately, many of our clients come to us because their bank is treating them like an enemy, rather than working with them to forge a creative solution.

Having helped numerous clients to successfully obtain a mortgage modification, I’ve created the following Top 5 tips for obtaining a loan modification:

Analyze Your Financial Picture. What is your hardship situation? Have you lost a job or had hours cut back at work, or do you have high hospital bills? If you don’t have a hardship situation, but you just want to get your lender to give you a deal because your property is “under water,” you are unlikely to get a modification.
Gather Your Paperwork. It’s best to gather together all the documents you will need. Although every bank has different requirements, you’ll likely need the following: a copy of your most recent mortgage statement, at least three months’ bank statements, at least three months’ paystubs, the last two years’ tax returns, copies of the last two years W-2’s, a list of monthly expenses, and proof of any other income earned.
Call Your Bank and ask for their “Loss Mitigation” Department. Ask your bank what documents you specifically need and what information should be included in your “hardship letter” (see #4 below).
Draft Your Hardship Letter. Here is where your attorney can help. An experienced attorney can craft a hardship letter which explains succinctly why you deserve a loan modification based upon your personal facts and circumstances.
Follow up, Follow up, Follow up. It’s not enough to fax in your documents and wait for your bank to contact you. The banks are overwhelmed with requests for modifications, and it’s taking them months to respond, even to customers who are already behind several months on payments. You need to follow up every couple days to be sure your application is on track.

I would be thrilled if obtaining a modification of your mortgage was always as easy as following these simple steps. Sadly, however, a successful mortgage modification usually takes many months of follow up and persistence. Most people don’t have the time or energy to see an application through to completion. That is why so many of our current clients have started out trying to obtain a modification on their own, only to come to us many months later, frustrated and fed up with their lender.

In spite of this, I encourage you to give it a shot. Even if they don’t seem like it, your lender would rather you work with them to create an amicable solution that allows you to stay in the home, remain current (or become current) on your payments, and saves the bank the money, time and hassle of going through another foreclosure. If you have lost a job, lost hours at work, or suffered some other hardship so that your mortgage payment is weighing you down, then you owe it to yourself and your family to give it a shot.

If you need advice on your particular situation, please feel free to give me a call at (415) 250-8131 or email me at johncorcoran@gmail.com for a free consultation.

Clean Energy Continues to Thrive Despite Downturn

noreply@blogger.com (John Corcoran) — Wed, 17 Jun 2009 19:31:00 +0000

Even in the midst of a severe economic crisis, recent evidence has emerged indicating that clean energy industry jobs remain a bright spot in an otherwise gloomy economy, and will continue to generate job growth in the years ahead.

A report released this week by the Pew Charitable Trusts revealed that between 1998 and 2007, clean tech jobs grew at more than double the rate of all other jobs.

Another report released this week by a UC Berkeley professor found that accelerating deployment of renewable energy resources in California would accelerate job growth in the years ahead, with the possibility of generating over 500,000 new jobs over the next 40 years.

Perhaps most interesting is the fact that the overall number of clean energy jobs was fast gaining on the number of jobs in the fossil fuel industry. The Pew report found that fossil fuel jobs amounted to 1.27 million workers in 2007 while there were approximately 770,000 clean energy jobs the same year.

The reports found that the major beneficiaries of the expanding clean energy industry is local economies. Whereas fossil fuel industry dollars overwhelmingly sends money overseas, clean energy results in more dollars staying local – with more money spent on solar installers, sales people, contractors, and farmers who grow feedstock to produce biofuels. Money spent locally also recycles within the local economy, benefiting numerous businesses, workers, and families.

In addition, according to an analysis of both reports by John Gartner of Matter Network, a clean tech website,

money saved by consumers on energy efficiency is the most potent local economy stimulus. A dollar taken off the energy bill will be spent on other things that will equal from 10 to 100 dollars in wages for new workers.

For millions of Americans who are currently out of work, these reports provide a measure of hope for a brighter future.

You can find a link to the full Pew Charitable Trusts report here.

You can find a link to “Energy Pathways for the California Economy” by UC Berkeley professor David Roland-Holst here.

Here is an analysis of both reports by John Gartner of Matter Network.

Update on State and Federal Mortgage Legislation

noreply@blogger.com (John Corcoran) — Tue, 05 May 2009 15:00:00 +0000

Although loan modifications don't traditionally fall within the scope of this blog, due to the many homeowners seeking loan modifications, I wanted to share an article I wrote recently on the many changes in state and federal law as a result of the mortgage crisis.

Over the past few months, there has been great turmoil in the housing and mortgage markets. Because numerous Omni clients have contacted us to ask what programs are available to them to modify their mortgage, we prepared the following summary of recent changes in federal and state law regarding loan modifications for your information.

The “Making Home Affordable Plan”

The federal government’s plan, which went into effect March 4, provides financial incentives from the federal government to lenders to help lenders reduce payments to 31 percent of a borrower's income. Lenders can reduce interest rates and lengthen the term of loans to 40 years, even if a borrower is behind on payments.

The plan also helps borrowers who are current with payments but have seen their home's value drop to refinance into newer, cheaper loans. However, the federal plan is not available to many homeowners whose homes have plummeted in value to such a degree that they are now worth less than their combined debt. Borrowers can only owe 5 percent more than the home is worth, which effectively eliminates many Californian homeowners from qualifying.

90-Day Foreclosure Moratorium in California

Gov. Arnold Schwarzenegger signed AB 7XX and SB 7XX earlier this year to create a new 90-day foreclosure moratorium on certain delinquent home loans in California. The new moratorium temporarily halts foreclosures by lenders that haven't tried hard to work out loan modifications or other alternatives to foreclosure with their customers.

Pending State Legislative Fixes

The State Legislature is considering numerous bills to deal with the mortgage crisis. AB 260 (currently pending in the Assembly) would create a fiduciary duty between mortgage brokers and their clients, meaning possible legal consequences if borrowers are given loans that they can't afford. Another bill, SB 239 (currently pending in the State Senate) would create a new category of mortgage fraud in state law, giving authorities more power to prosecute, including new tools for District Attorneys to obtain evidence during mortgage fraud investigations.

Modifying Your Mortgage

If you are interested in modifying your mortgage, we encourage you to research your various options because state and federal law has been changing rapidly. Any modification will take a good amount of preparation, perseverance, and persistence.

While Omni has successfully obtained loan modifications for Omni clients – including settlement offers as low as 30 cents on the dollar – we are aware that most individual homeowners haven’t been so lucky when trying to negotiate with their lenders on their own. Whether the banks are so overwhelmed by loan modification requests that they can’t meet the needs of all their customers, or the banks simply are unwilling to grant loan modifications without the threat of legal action, it is clear that having legal counsel can mean the difference between success and failure when it comes to the difficult task of modifying your mortgage.

For advice on your particular situation, please feel free to give us a call at (415) 250-8131 or email us at johncorcoran@gmail.com for a free consultation.

What Comes Next After the iPhone Gold Rush?

noreply@blogger.com (John Corcoran) — Fri, 10 Apr 2009 04:10:00 +0000

Ethan Nicholas spent six weeks last summer working on an application for the iPhone on the evenings and over weekends. In October, he released the app – a simple first-person shooter game – for $4.99. In the five months since it was released, Nicholas has made $800,000.

Todd Moore, a network administrator in the Washington, DC, area, developed his own iPhone app after buying his first Mac early last year. He quit his day job after he started making more money in one week than he had been making in four months.

The makers of a software program for the iPhone called “iFart” have been raking in about $1,000 a day with a program that – how do I put this gently? – makes farting sounds.

It some circles, it's beginning to sound more like 1999 – the era of dot com's and IPO's -- than it does 2009, the era of bailouts and diving stock market prices.

In spite of what’s happening in the world at large, excitement around the iPhone development market has some people around Silicon Valley buzzing. The New York Times stoked the frenzy this weekend by publishing “The iPhone Gold Rush,” which chronicled the iPhone hysteria. The hype has gotten so extreme, even corporate lawyers are getting into the act, giving up big paychecks for the promise of another payday.

I have no doubt the iPhone mania will continue to grow. However, some are already turning their attention to the next platform which could lead to the next gold rush, a field which could be just as big (dare I say bigger than?) as the iPhone.

I’m talking about dashboards.

Huh?

Before you rush to download your ipitchfork and burn me at the istake for iheresy, let me explain.

Last night, I had the privilege of attending the Tesla Model S northern California debut party, held at the company’s sprawling Menlo Park sales and assembly offices.

Around 300 Tesla owners and Tesla wannabe owners (I include myself in the latter) gathered to feel, touch, and ride in the new Model S sedan.

Although I had been excited for the unveiling of the Model S due to its promise of becoming the first real, practical mass-market zero-emission vehicle, once the actual vehicle was released, I found myself actually more fascinated with the car’s touchscreen dashboard.

If you haven’t seen it, the dashboard is beautiful. Where some carmakers place a jumble of buttons and knobs sits a gleaming, 17-inch haptic touchscreen LCD display, which controls all of the car’s functions. The touchscreen features always-on high-speed 3G internet connection, Google maps, streaming radio, and completely digital climate controls.

Even though I thought Tesla did a masterful job in developing the touchscreen dashboard, I couldn’t help but think what was possible if Tesla were to open up that interface to outside developers, as Apple has done with the iPhone.

As Apple has recently discovered with its iPhone app store, even a wildly creative company can’t compete with the limitless creativity of a worldwide audience when you open up your platform to the world.

Unfortunately, after the sedan first debuted, I didn’t know if Tesla even intended to open up the interface. All I had were a few subtle indications from various sources regarding the company’s plans for the touchscreen.

In a short video posted by Steve Jurvetson documenting his first ride in the vehicle (see video below), Tesla CEO Elon Musk is seen saying that he “had people writing app’s for the car.” He later implied in an interview that they would open up the interface to outside developers, saying “Maybe other people will develop applications for it." But I still wasn’t sure if Tesla truly intended to allow all outside developers to develop their own programs, or if Tesla would control the process.

At the party, I seized the opportunity to get an answer from Musk himself. I told the Tesla leader that I’d heard his comment in the video and was wondering if it was true that he planned to open up the interface to outside developers. He confirmed that Tesla did in fact intend to open up the dashboard to outside developers. He went on to say that the screen could be configured to a driver’s liking, and that the computer running the dashboard would be Linux-based. He suggested that consumers may even be able to watch YouTube videos on their displays in the future.

I believe that Tesla is incredibly savvy to open up the interface to outside developers. Like Apple, Tesla will benefit from the amazing wealth of talent that will come forward to develop new and innovative uses for a dashboard computer in a car - uses which one company operating alone could never anticipate.

Today, consumers are buying iPhones not just for the groundbreaking device itself, but to take advantage of the many innovative app’s which have been developed which run on the phone. As a result, Apple is profiting off others' innovation and creativity. Tesla may similarly benefit.

Developers, start your engines.

Latest Green Vehicle on the Market: The "Peapod"

noreply@blogger.com (John Corcoran) — Sat, 04 Apr 2009 00:26:00 +0000

Greenbiz.com reports that the latest green vehicle to come to market is the new all-electric "Peapod." A product of Peapod Motors, a spinoff from Chrysler, the vehicle has clearly been designed for the ipod loving masses - with a simple, clean design.

The Peapod doesn't look like your everyday car, and it doesn't strive to be an everyday car. The car has been designed "in line with typical driving conditions and city planning trends that are heading more and more towards slower, smaller spaces," reports Greenbiz.com. The car was also built with the goal of requiring very limited maintance and longevity.

The car is classified as a Neighborhood Electric Vehicle, meaning the car only goes up to 25 miles per hour.

Click here for the full article.

Initial Pictures from my Tesla Test Drive

noreply@blogger.com (John Corcoran) — Wed, 14 Jan 2009 00:35:00 +0000

I have been meaning to write up a review of my test drive of a Tesla Roadster yesterday. Until I have a chance to do so, here are a number of pictures from our ride.

My friend Joseph Andresen set up the test drive through a friend of the family who works for the company. I met Joe through the Obama campaign and he and I discovered that we're both a little nutty about electric vehicles (he drives a Toyota RAV4 EV; I drive just the run-of-the-mill Prius). I felt incredibly fortunate to get a chance behind the wheel of this beautiful vehicle, especially considering how much attention electric cars have gotten this week at the Detroit Auto Show. Just a few months ago, Tesla wasn't given anyone test drives. Now, I believe that Tesla is still requiring people to put down $5,000 and put their name on the waiting list before going for a test drive, so I feel incredibly fortunate to get to drive the car around town for about an hour and a half.

Here's a quick review: the car is absolutely incredible. It completely lives up to the hype, which is no easy feat. It was incredibly fast off the starting line -- you can slam down the (ironically-named) "gas pedal" and within seconds, all other cars that had been waiting with you at the stop light will be a football field's length behind you. And yet you never feel out of control. The car is very nimble and accutely aware of your guidance.

The car is gorgeous, and a major attention-getter. We received a number of stares from people as we drove up and down the 280 freeway and around the streets of Palo Alto and Menlo Park.

I hope to write up a longer review of the entire experience and post it within a few days.

Clorox Becomes Top Seller of Eco Cleaning Products

noreply@blogger.com (John Corcoran) — Mon, 12 Jan 2009 16:17:00 +0000

Just one year after announcing its new "Green Works" line of eco-friendly cleaners, Clorox announced that it has become the #1 seller of green cleaning products, with 42 percent of the U.S. market.

Clorox estimates it expects to bring in $200 million in revenue on the line of products. Not too shabby for a company that only announced this new line of products 12 months ago tomorrow.

It sounds to me like there is a significant amount of consumer demand for products that work well and do right by the planet.

Cleantech Group's List of 9 Predictions for 2009

noreply@blogger.com (John Corcoran) — Mon, 12 Jan 2009 06:21:00 +0000

The Cleantech Group has published its annual list of predictions for the coming year, and the list includes a number of interesting and provocative ideas.

The predictions, authored by Cleantech Group Executive Chairman Nicholas Parker, included:

#1 … Boom in Energy Efficiency Infrastructure. Parker predicted that due to the ability of energy efficiency technologies to create jobs, there would be increased investments in energy efficiency in 2009. Parker singled out modernizing the grid and insulating homes as two examples of likely continued investments, and noted that there is a “quadruple bottom-line benefit to focusing on energy efficiency."
# 3 … Parker predicted that the U.S. will pass a national renewable portfolio standard (RPS) in 2009, along the lines of the RPS in California and numerous other states.
#8 … Parker predicted that companies would continue to acquire green growth assets, citing as an example Panasonic’s acquisition of Sanyo in late November, primarily because of Sanyo’s solar and battery divisions.

Parker further predicted that investment dollars in clean tech companies would stabilize at $7 billion in 2009, after dropping off during the 4th quarter of 2008. He projected that the failure rate of early stage clean tech companies would double, from the traditional rate of 20% up to 40% in 2009. He attributed this fact to a desire by investors to focus their assets on the most promising companies in their portfolios.

One of the more interesting suggestions in the article is that hybrid-electric or electric-drive vehicles use a lot more water than internal combustion engines. This statement is based upon a report in Scientific American which found that the number of gallons of water depleted to travel 100 miles was as follows:

Ethanol = 130
Fuel Cell = 42
Plug in = 24
Gasoline = 7-14

The Scientific American article stated that the electricity-generation industry relies heavily on water to generate electricity. While these figures may appear shocking, there is an explanation for these statistics. Much of the electricity generation sector continues to rely on large hydro-electric plants to generate power.

The Scientific American statistics highlight a number of important points regarding clean tech. First, the run up in food and commodity prices last year demonstrated that there is a connection between new biofuels and the price of food, and therefore any development of biofuel sources of energy will have to recognize this connection. In addition, much of the water which is “used” by electric vehicles or hybrid electric vehicles is not entirely lost. As utilities use large hydro plants to generate water, the plants spill out the water back in the rivers and streams, albeit not without disrupting the ecosystem. On balance, internal combustion engines continue to cause far worse environmental damage than do hybrid-electric or full electric vehicles, even taking into account greater consumption of water.

The larger point is that large hydro dams are not "renewable" under the law for the purposes of satisfying the renewable portfolio standard requirements, and we do need to continue transitioning our power grid off of these non-renewable sources of power. As the nationwide grid continues to become more renewable, hybrid electric and electric vehicles will eventually require less water to operate.

Is Clean Tech In for a Rebound?

noreply@blogger.com (John Corcoran) — Tue, 06 Jan 2009 20:45:00 +0000

The Silicon Valley Business Journal is reporting that Akeena Solar, Inc., a major designer and installer or solar systems, had to revise its earnings estimate for 2008 from its previously reported figure of 30-40% down to 25-30%.

In most years, 25-30% returns would be considered by most to be a job well done, and even more so in this difficult era of crumbling stock values. But not this year. Despite Akeena Solar’s job well done, the company’s stock price declined by 80% during 2008 over the previous year and the company had to cut staff. And Akeena is not alone: across the sector, clean tech companies' stock values are down dramatically.

It’s hard to believe that prospects for the clean tech industry would appear so gloomy so shortly after clean tech appeared to be investors’ darling during early 2008.

Many industry analysts are wondering whether clean tech companies are just in a temporary ditch. Commentators have pointed to the possibility of rising gas prices and the incoming Obama administration as bright spots which may help the clean tech and solar industries to turn around.

Some industry veterans are optimistic. Pagemill Partners LLC Managing Director Michael Mitgang told the Business Journal:

“While oil prices have declined in the short run, we don’t expect them to remain low for long. Also, the new administration is planning huge spending programs that will include programs in cleantech and renewable energy. We expect continued activity in the sector, though not at the pace seen in 2008.”

Many venture capitalists who invest in clean tech have changed their approach and reduced their investments. In Sunday's New York Times, reporter Claire Cain Miller wrote that "big, expensive projects like building factories to manufacture solar panels or biofuels are falling out of favor," although she noted that overall funds invested in Clean Tech was up through September of last year, from $1.9 billion to $3 billion.

No matter your view, the new administration will have to act fast. With many job losses arriving on the heels of 2008, it’s likely that the economic downturn is going to get worse before it gets better.

President Obama will have the most capital early in his term, and a limited window of opportunity to enact the kinds of major sweeping changes which could have a quick impact upon the economy.

Companies will also have to be careful to maintain efficient staffing levels, trim extra costs, and focus on revenue-generating areas of their businesses to be prepared for long-term doldrums in case the turnaround does not come right away. Clean tech companies are also well advised to put off major purchases and major outlays of capital for a little while. In difficult economic times, it seems there is no substitute for belt-tightening.

CPUC Approves $1.9-Billion San Diego Powerline

noreply@blogger.com (John Corcoran) — Sat, 20 Dec 2008 02:10:00 +0000

California Public Utilities Commissioners voted 4-1 today to allow a $1.9-billion transmission power line in San Diego to go forward.

The CPUC agreed that the line is needed to move renewable power from inland deserts to the power-hungry cities along the coasts, while environmental advocates challenged that characterization. Environmentalists argued against allowing towers to be built through environmentally sensitive areas of San Diego County and through Cleveland National Forest, and further argued that the new line would allow SDG&E to bring over power from south of the border, where power could be produced using more lenient environmental standards.

On the other hand, some environmentalists have argued that the new power line will allow large scale solar power plants in the desert and further east to reach the population centers that need that clean energy.

A detailed drawing of the power line shows that the line will run east-west across northern San Diego County to Imperial county, and then down towards the U.S.-Mexico Border.

The decision will allow San Diego Gas & Electric Co. to use ratepayer funds to erect over 120 miles of new high-voltage lines.

In the midst of budget chaos, Blagojevich madness, and Paris Hilton escapades, this is one of those policy decisions that may land deep on page A17 in the remaining papers delivered to remaining doorsteps, but it may also have lasting environmental impact. As I've argued before, the era of long-distance energy should come to an end, and the CPUC should be encouraging more local development of renewables rather than supporting energy policies that encourage energy generated in one location which then travels across long distances to reach its destination. We would be better off if local communities built and controlled local renewable power, which can be delivered efficiently.

Why do I think local communities should make these decisions? Does anyone think it's a good idea that the decision about what is good for San Diego was made in San Francisco?

Santa Barbara Home Saved from Fire Thanks in Part to Green Building Techniques

noreply@blogger.com (John Corcoran) — Mon, 24 Nov 2008 06:07:00 +0000

In the aftermath of the devastating Santa Barbara Tea Fire which burned over 200 homes earlier this month, one story of survival has stood out. Residents Marlene and David Berry were shocked when they returned home following the horrendous fires to find that their home – which was right in the path of destruction – was still standing, despite nearly every home around it having been burned down.

It turns out the Berry’s have more than luck to thank. The Berry’s home was built in 2006 utilizing numerous green building techniques, many of which ended up helping to save the home from becoming a complete loss.

Some of the many green building features included:

• Drought-resistant landscaping
• Selecting a radiant space heating system, instead of a traditional forced air system, to eliminate the need for ducting. Fires can spread throughout a home by traveling through HVAC duct systems.
• Installing metal clad, energy-efficient windows instead of ones with wood cladding and single panes.
• Building the home with 12-inch-thick exterior walls filled with cellulose insulation with an R value of 40. (R value refers to a substance's inherent thermal resistance.) The California Building Code only requires R-13 insulation in exterior walls.
• Installing cellulose insulation in the roof with an R-value of 60 — California Building Code only requires R-19.
• Properly sealing doors and windows throughout the house which prevented burning embers from entering the home.

The home had even received the Santa Barbara Contractors Association’s Best Green Residence Award in 2006.

What is even more amazing is even though the family had been evacuated in time, the family could have survived inside the home as the fire passed, despite temperatures reaching potentially as high as 1,000 degrees outside.

“After the fire, we checked our programmable thermostat when we returned to the house and found that during the fire, the temperature inside the house never rose above 84 degrees,” David explained. The Berrys’ home was also equipped with a fire sprinkling system that would have activated when the interior temperature reached 140 degrees, but it never did.

Marin County Board of Supervisors Approve Marin Energy Authority

noreply@blogger.com (John Corcoran) — Wed, 19 Nov 2008 16:48:00 +0000

I was very pleased yesterday that the Marin County Board of Supervisors voted to approve the Marin Energy Authority, a project we at Omni Law Group have been working on for the County of Marin. I was quoted in the article reproduced below.

SUPES APPROVE FORMATION OF AUTHORITY TO REDUCE GREENHOUSE GAS EMISISONS

The Marin County Board of Supervisors voted unanimously Tuesday morning to approve the formation of the Marin Energy Authority, a countywide Joint Powers Authority that aims to reduce greenhouse gas emissions in compliance with the provisions of the state's 2006 global warming law.

The vote means Marin County is the first government entity in the county to join the Marin Energy Authority which will launch a clean energy program next year.

If established by one other municipality joining, the Marin Energy Authority would become the first Joint Powers Authority in the state formed to meet the greenhouse gas emissions reductions under Assembly Bill 32, said John Corcoran, communications coordinator with Marin Clean Energy.

The law requires a 25-30 percent reduction in greenhouse gases by 2020 and a reduction 80 percent below 1990 levels before 2050, Corcoran said.

The Marin County Board of Supervisors voted in August 2003 to strive to reduce greenhouse gases emissions 15 percent below 1990 levels countywide and by 15-20 percent below 1990 levels for internal government functions by 2020.

Town and city councils in Marin are also considering joining the Marin Energy Authority. The Tiburon and Fairfax town councils will vote on the issue tonight and the approval of only one of them is required to legally establish the Marin Energy Authority, Corcoran said.

Corcoran said it is hoped the county's other big energy users, San Rafael and Novato, also will agree to join the Marin Energy Authority. The San Rafael council is scheduled to vote on the second reading of the ordinance Dec. 15 and the Novato council is expected to vote on it in January.

"We're thrilled we are the first of hopefully many municipalities to join the Authority and we're looking forward to other cities making their own decision," Corcoran said after today's vote.

The Marin Energy Authority can proceed with its plans to reduce greenhouse gas emissions without the membership of Novato and San Rafael but those efforts would be scaled back, Corcoran said.

The final decision on whether to launch the authority's Marin Clean Energy (MCE) program will occur in mid-2009 after each town and city in Marin County weighs all responses from the energy market, discusses the proposed contract, receives public input and then votes whether to proceed, Corcoran said.

"Even without MCE, the Marin Energy Authority may proceed with other initiatives that will allow all Marin's jurisdictions to work collectively to address the challenges posed by AB 32's mandated greenhouse gas reductions," Corcoran said.

The Marin Energy Authority will hold its first meeting in January to develop by-laws and operating guidelines. In February, the Authority will request bids on proposals from energy service providers, including Pacific Gas & Electric, to serve Marin County's electric supply and carry out technical functions for a Community Choice Aggregation clean energy program.

There will be a 90-day review period once an energy service provider is selected. The Board of Supervisors and towns and cities in the Authority will then decide whether or not to proceed with the contract for a Community Choice Aggregation program.

The Marin County Community Development Agency said the Marin Energy Authority could still pursue other programs to reduce greenhouse gas emissions and strive to comply with AB 32 whether or not a contract is developed or implemented.

(© 2007 The Associated Press. All Rights Reserved. In the interest of timeliness, this story is fed directly from the Associated Press newswire and may contain occasional typographical errors. )

(Picture courtesy of the Marin Independent-Journal)

President-Elect Obama Mentions Continued Support for Climate Change Cap and Trade System

noreply@blogger.com (John Corcoran) — Tue, 18 Nov 2008 20:31:00 +0000

President-elect Barack Obama, speaking today via YouTube to the Bi-Partisan Governors Global Climate Summit in Los Angeles, reaffirmed his support for a federal cap-and-trade system that would sound very similar to California’s cap and trade system currently being developed by the California Air Resources Board as a part of its AB 32 mandate.

In his remarks, he endorsed a federal cap and trade system, and marked his support for reducing GHG emissions to 1990 levels by 2020 and to 80% below 1990 levels by 2050.
Also notable in his remarks was what he didn’t say. During the presidential campaign, he frequently mentioned a litany of new and old energy technologies, including solar power and wind power and others. Today, while he said we should “tap nuclear power while making sure it’s safe, and develop clean coal technologies,” he left out any mention of “limited offshore oil drilling” as he had mentioned during the campaign – or of any oil drilling for that matter.

U.S. EPA Rules that Coal Plants Must Have Controls for CO2

noreply@blogger.com (John Corcoran) — Mon, 17 Nov 2008 06:27:00 +0000

President-Elect Barack Obama may not yet have taken office, but it appears the U.S. Environmental Protection Agency is taking note of the election results earlier this month.

Late last week, the Environmental Protection Agency’s Environmental Appeals Board ruled that EPA had no valid reason for refusing to limit carbon dioxide emissions from new and proposed coal-fired power plants. As a result of this decision, all new and proposed coal plants will be required to address their emissions from carbon dioxide, which is a major source of climate change. The Associated Press reported that approximately 100 proposed coal plants may be stalled by the ruling, and oil refinery expansion proposals may be stalled as well.

The decision was the result of a lawsuit by the Sierra Club which built upon a 2007 U.S. Supreme Court ruling, Massachusetts v. EPA, which held that carbon dioxide is a pollutant under the federal Clean Air Act. The Sierra Club argued that building new coal plants -- which emit 30% of U.S. global warming pollution -- without controlling their carbon emissions would wipe out all of the other efforts by local and state governments to reduce greenhouse gas emissions.

The U.S. EPA decision can be found here.

Sierra Club press release can be found here.

Bloomberg: Obama May Put Renewable-Energy Plan Ahead of Climate Package

noreply@blogger.com (John Corcoran) — Wed, 05 Nov 2008 21:45:00 +0000

Bloomberg has a story this morning speculating that President-elect Obama may propose a renewable energy package as his first order of business as President, in an effort to stimulate the economy.

"With unemployment at a five-year high, an early effort to create jobs by encouraging electricity production from solar and wind will get top priority, energy lobbyists and analysts said. A more far-reaching effort on a climate-change bill may be delayed until late next year or 2010."

Read the full article here.

Of course, an investment in renewable energy tax credits or investment credits would likely provide a major boost to renewable energy companies and clean tech companies, which have already been one of the few brights spots in this year's economy.

Moderated Discussion with Mary Nichols, Chair of the Air Resources Board, on AB 32 and MCE

noreply@blogger.com (John Corcoran) — Fri, 31 Oct 2008 06:21:00 +0000

Earlier this month, I was privileged to moderate a discussion with Mary Nichols, Chair of the Air Resources Board. The topic was AB 32, California's Global Warming Solutions Act, and Marin Clean Energy, the proposal which I have been consulting on for the County of Marin.

Speaking at SF Green Festival, November 13

noreply@blogger.com (John Corcoran) — Thu, 30 Oct 2008 16:43:00 +0000

I am scheduled to speak at the SF Green Festival on the topic of Marin Clean Energy on the evening of November 13, from 6:00-9:00pm.

One of the benefits of this event is that if you attend, you get free attendance to the full Green Festival for the weekend. The weekend festival includes a number of impressive speakers, including Dr. Cornel West, Van Jones (Founder of Green For All), and rapper/activist Chuck D.

Here is the information:

Energy Caucus

(A Green Festival Event)

November 13th, 6-9pm

Freedom Hall at Glide Memorial Church

330 Ellis Street (at Taylor)

San Francisco

(Four blocks from Powell St BART)

Join Bay Area local energy enthusiasts (also known as Locavolts) to discuss what's working in local campaigns for clean energy including Community Choice, Energy Efficiency, Solar Financing, and Green Jobs. This is a participatory event. The first half will be brief updates on clean energy initiatives in the Bay Area. The second half will be facilitated topical and regional breakout conversations.

Speakers include

Ross Mirkirimi of the San Francisco Supervisors (invited)
Paul Fenn of Local Power on Community Choice
Ian Kim of the Ella Baker Center on green-collar Jobs
John Rizzo of the Sierra Club on clean energy in San Francisco
Kirsten Schwind of Bay Localize on local clean energy in the East Bay
John Corcoran of Marin Clean Energy on clean-energy progress in Marin

Among many others...

Breakout Topics 7:30-8:00pm

PG&E's history in fossil fuels and energy efficiency, misinformation, and the media
Collaborating with unions and Redevelopment on workforce development
Making sustainable energy affordable and accessible
Fighting Power Plants and LNG

Breakout Topics 8:00-8:30pm

Improving Energy Efficiency and Home Performance
Building Power and Raising Money for Clean Energy
CCA implementation steps and strategies
AB32 Compliance for cities

Food/refreshments will be provided. $5-10 sliding scale. No one turned away for lack of funds. Every person who attends The Bay Area Clean Energy Caucus will receive FREE admission to the Green Festival!

For more information, visit the Local Clean Energy Alliance website. Special thanks to good friend Dave Room for organizing this.

California Air Resources Board Releases Final AB 32 Scoping Plan

noreply@blogger.com (John Corcoran) — Wed, 15 Oct 2008 21:59:00 +0000

The California Air Resources Board (CARB), led by Chair Mary Nichols, has just released the final version of the AB 32 Scoping Plan, which lays out the steps which the State of California will take in order to reduce greenhouse gas emissions in compliance with AB 32.

The Scoping Plan website is available here.

The full Scoping Plan is available here.