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Can Hawaii afford climate change lawsuit settlement?

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From The Center Square

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Hawaii recently entered into a settlement in a first-of-its-kind lawsuit that requires the state to implement climate change initiatives by court order, setting forth a potential template for lawsuits in other states.

Thirteen young people, at least one as young as nine, filed the lawsuit against the Hawaii Department of Transportation in June 2022. They said the state DOT needed to do more to protect the state and their future from climate change.

The state spent $3 million settling the lawsuit, money the attorney general’s office said was “well-spent” to avoid a trial that would have started June 24.

The settlement provides a road map of tasks the DOT must do per the court order. These include creating a greenhouse gas reduction plan for the Hawaii Department of Transportation that could cost the state more. Only one price tag is included in the plan—$40 million for public electric charging stations and charging infrastructure for all state and county vehicles by 2030.

The agreement includes a dispute-resolution component that could keep differences out of court. But, the First Circuit of Hawaii will oversee the settlement until 2045 if Hawaii has not met its zero-emission goals.

The Hawaii Department of Transportation must receive “sufficient appropriations” from the Hawaii Legislature, but the settlement does not include a specific amount for the other requirements.

Gov. Josh Green admitted it would not be inexpensive or easy. He said the court order would help him when he had to go to the Legislature and say, “Look, we have to do this.”

“We have these policies in mind but we don’t have the resources that come from the Legislature,” Green said. “We don’t often have the absolute insistence of the courts to do certain things so having a settlement like this creates some guarantees.”

For two years, the governor has pushed for a $25 tourist fee that has not passed the Legislature.

“We have 10 million individuals that come to Hawaii every year,” Green said. “Can you imagine only for a moment if we successfully were humbly asking people to pay $25 when they came to the state? That would be $250 million every single year to pay for the bikeways, extra to bring very advanced analytics to what our carbon impact is from any of the technologies we use, money to get bond to navigate major protections against erosion of the coastline.”

Thomas Yamachika, president of the Tax Foundation of Hawaii, told The Center Square, “There’s going to be some pain,” when finding money to implement the settlement’s initiatives. The Legislature passed tax breaks this year to increase the standard income tax deduction in odd years and lower tax rates for all brackets in even years. It’s possible those tax cuts could be “walked back,” Yamachika said.

Truth in Accounting, which does an annual financial analysis of the 50 states, told The Center Square that Hawaii is already $11 billion in debt.

“The state doesn’t have money sitting around that can be used for settlements like this,” said Sheila A. Weinberg, founder and CEO of Truth in Accounting. “To pay for this settlement, taxes will have to be raised or services and benefits will have to be cut. The other option is to even underfund the pension and retiree health care benefits even more.”

Hawaii is the first to settle a climate change lawsuit, but it may not be the last. The case may set a precedent in other states where young people have filed lawsuits over climate concerns, according to an op-ed written by Cara Horowitz, executive director of the Emmett Institute on Climate Change and the institute’s communications director, Evan George.

“Many defendants facing climate lawsuits — notably including Hawaii officials in the earlier stages of this case — often protest that climate change policy should be made by legislatures, not judges,” Horowitz and George said in the op-ed  published in the Los Angeles Times. “This landmark settlement demonstrates that the courts can hold decision-makers accountable if they fail to live up to their promises.”

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Higher carbon taxes in pipeline MOU are a bad deal for taxpayers

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By Franco Terrazzano

The Canadian Taxpayers Federation is criticizing the Memorandum of Understanding between the federal and Alberta governments for including higher carbon taxes.

“Hidden carbon taxes will make it harder for Canadian businesses to compete and will push Canadian entrepreneurs to shift production south of the border,” said Franco Terrazzano, CTF Federal Director. “Politicians should not be forcing carbon taxes on Canadians with the hope that maybe one day we will get a major project built.

“Politicians should be scrapping all carbon taxes.”

The federal and Alberta governments released a memorandum of understanding. It includes an agreement that the industrial carbon tax “will ramp up to a minimum effective credit price of $130/tonne.”

“It means more than a six times increase in the industrial price on carbon,” Prime Minister Mark Carney said while speaking to the press today.

Carney previously said that by “changing the carbon tax … We are making the large companies pay for everybody.”

Leger poll shows 70 per cent of Canadians believe businesses pass most or some of the cost of the industrial carbon tax on to consumers. Meanwhile, just nine per cent believe businesses pay most of the cost.

“It doesn’t matter what politicians label their carbon taxes, all carbon taxes make life more expensive and don’t work,” Terrazzano said. “Carbon taxes on refineries make gas more expensive, carbon taxes on utilities make home heating more expensive and carbon taxes on fertilizer plants increase costs for farmers and that makes groceries more expensive.

“The hidden carbon tax on business is the worst of all worlds: Higher prices and fewer Canadian jobs.”

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Man overboard as HMCS Carney lists to the right

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Steven Guilbeault, Heritage Minister and Quebec lieutenant, leaves cabinet this week with his chief of staff, Ann-Clara Vaillancourt. He resigned on Thursday.

Fly Straight

John Ivison's avatar  Fly Straight By John Ivison

Steven Guilbeault’s resignation will help end a decade of stagnation and lost investment.

Steven Guilbeault’s resignation will come as no surprise to Mark Carney – save, perhaps, for the fact that it took so long.

The former environment minister quit on Thursday evening, after the prime minister unveiled his memorandum of understanding with Alberta premier, Danielle Smith. That deal is aimed at creating the conditions to build an oil pipeline to the West Coast and encouraging new investment in the province’s natural gas electricity generation sector. In doing so, Carney cancelled the oil and gas emissions cap and the clean electricity regulations that Guilbeault had been instrumental in constructing and imposing.

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The former environmental activist couldn’t accept the continued expansion of fossil fuel production and so walked away after six years in cabinet.

In his resignation statement, he said he strongly opposes the MOU with Alberta because it was signed without consultation with the province of British Columbia and First Nations.

He said removing the moratorium on oil tankers off the West Coast would increase the risk of accidents and suspending clean electricity regulations, which blocked new gas generation, will result in an “upwards emissions trajectory”.

In particular, he was upset about the expansion of federal tax credits to encourage enhanced oil recovery, a carbon storage technology that captures carbon dioxide from industrial emitters and injects it back underground. Guilbeault considered this a direct subsidy for oil production – a business he said he hoped the government was exiting.

In a Twitter post, I called Guilbeault “anti-Pathways” – that is, opposed to the giant carbon capture and storage development that Carney views as crucial to offsetting the building of a new pipeline.

One of Guilbeault’s defenders said he is not anti-Pathways, and that, in fact, he was part of the trifecta, along with Chrystia Freeland and Jonathan Wilkinson, who negotiated the details on the investment tax credit “that will pay 50 percent of the cost of construction to a bunch of rich oil companies”. To me, that showed Guilbeault’s (and his supporters) true colours. If he wasn’t anti-Pathways, he certainly wasn’t pro.

When he said he would back Carney’s leadership bid in January, I wrote that it was an endorsement the aspiring Liberal leader could do without.

The now-prime minister always had in his mind a plan to build, including fossil fuel production, offset by technology adoption and a stronger industrial carbon price in Alberta. Even then, he made clear he was prepared to be pragmatic in a time of crisis.

Guilbeault’s plan was to regulate the industry to death.

It was always going to end badly but, as Carney told me last winter, Guilbeault provided crucial support on the ground in Quebec and any politician’s first responsibility is to win.

Guilbeault should be respected for his deep convictions on climate change and his commitment to leaving a better world to our children.

But he should never have been allowed to dictate environmental policy in this country. He refused to view natural gas as a bridging fuel in the energy transition in a country that has reserves of a resource that will, at current production levels, last 300 years.

He made clear his lack of enthusiasm for small modular nuclear reactors and new road-building.

And he pushed an oil and gas emissions cap that he knew would hit production levels and further (if that were possible) alienate Western Canadians.

His departure – and that of Freeland – give Carney scope to pursue what he hopes is a transformative response to not only Donald Trump, but to federal policies that amounted to driving with the handbrake on. Carney has made his intent clear – to optimize Canada’s resource wealth, while attempting to minimize emissions.

Five years ago, Trudeau was nearly tarred and feathered during a visit to Calgary; Carney received two standing ovations in the same town yesterday.

Prime Minister Mark Carney and Alberta Premier Danielle Smith outline the terms of their Memorandum of Understanding.

For too many years under the Trudeau/Freeland duopoly the plan was to redistribute the pie. Now it is clearly about wealth creation.

In my National Post columns, I have been scathing about some of the things the Carney government has done, as is appropriate for someone whose prime directive is the public interest. The decisions to recognize a Palestinian state; apologize to Trump for the Ontario “Ronald Reagan” ad; announce a bunch of major projects that were so advanced they didn’t need to be fast-tracked; split spending into the confusing binary of “operating” or “capital”; and visit the United Arab Emirates on a trade mission in the midst of a genocide in Sudan that the Emiratis had helped to fund were all, to me, missteps.

But, so far, Carney has got the big things right. The budget and this MOU are auspicious moves aimed at ending a decade of stagnation and lost investment.

There is a new mood of anticipation in the country, summed up in the S&P/TSX index, which hit record highs this week on the back of energy and mining stocks. Canadian pension funds are taking another look at the domestic market, intrigued by the prospect of investing in the potential privatization of airports, for example.

Canada is feeling better. There has been a shift in the mindset from saying no to everything to being open to removing barriers that stop the private sector from investing.

Success and prosperity are not guaranteed. But stagnation need not be either.

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