Has Obama lost the coal states? The Courts v. The Industry

By: Jessica Durden, Staff Member

The embattled coal states, already stressed by the rise of the natural gas industry, were dealt another blow when the U.S. Court of Appeals for the District of Columbia Circuit upheld an Environmental Protection Agency (EPA) mandate to fiercely limit greenhouse-gas emissions.[1]

  The Court fully supported the EPA in its finding that rising carbon dioxide emissions from the coal industry and other utility providers have “likely been responsible for global warming over the past half century.”

[2]

  The ruling piggybacked on a 2007 Supreme Court ruling that the EPA had power under the Clean Air Act to regulate greenhouse-gas emissions.[3]

In a heated election year, such a dramatic ruling could hurt the incumbent President Obama in his election efforts.  Obama lost Kentucky and West Virginia, two major mining states, in 2008.[4]

 Peppered along the highways in West Virginia are billboards declaring that the coal corridor is Obama’s “No Job Zone,” and West Virginia democrats have withheld support for the President because of his support for the EPA’s strict regulations.[5]

 The 2012 polls in mining states were not in Mr. Obama’s favor prior to this ruling, either.  In the Kentucky Democratic primary, 42 percent of registered and voting Kentucky Democrats voted for “uncommitted,” and in West Virginia a shocking 41 percent of state Democrats marked down a convicted felon’s name over Mr. Obama’s.[6]

  Kentucky’s primary vote result particularly shocked industry experts because there was not even another option on the ballot.[7]

These results are not entirely shocking, since Obama did not take these states in 2008 and was not projected to this year, but for a swing state like Ohio, this ruling could have maj

or implications. Presumed Republican presidential candidate Mitt Romney has already jumped on the opportunity to gain favor in coal-dependent Ohio by launching an energy-focused campaign in the state.[8]

  In an incredible streak, Ohio has picked the winner of the presidential election every year since 1964, and recent polls still put Mr. Obama ahead of Mr. Romney.[9]

  But this recent ruling gives Mr. Romney a strategic opening to appeal to the many industrial workers in Ohio struggling to get on board with the demands of the EPA.  If the Romney camp convinces Ohio, it is possible to win the state—and therefore win the nation in November.

[1]

Brett Kendall

,

Court Backs EPA on Warming

,

Wall. St. J.,

June 26, 2012, at A1.

[2]

Id.

[3]

Id.

[4]

Election Results 2008

,

N

Y T

imes,

(Dec. 9, 2008), http://elections.nytimes.com/2008/results/president/map.html.

[5]

M

ark Caserta,

Will W.Va. become an Obama “no-job” zone?

,

Huntington Herald-dispatch

,

(June 21, 2012), http://www.herald-dispatch.com/opinions/x1805694144/Will-W-Va-become-an-Obama-no-job-zone.

[6]

Aaron Blake,

Obama loses 40 percent of the primary vote in Arkansas, Kentucky

, (

Wash. Post,

May 22, 2012), http://www.washingtonpost.com/blogs/the-fix/post/obama-loses-more-than-40-percent-of-kentucky-primary-voters-to-uncommitted-option/2012/05/22/gIQAlYHEjU_blog.html.

[7]

Id.

[8]

See

Kendall

at A1.

[9]

Tom Troy,

Obama, Romney camps pull out all stops in Ohio

, T

oledo Blade

,( July 1, 2012), http://www.toledoblade.com/Politics/2012/07/01/Obama-Romney-camps-pull-out-all-stops-in-Ohio.html.

Budget Cuts Causing State Park Closures

By: Clay Duncan, Staff Member

The recreational and environmental value provided by state parks across the U.S. is soon to be diminished due to lack of funding.  State budget cuts are resulting in closures of many parks nationwide, as well as a reduction in operations in many that will remain open.

[1]

  Despite their perception as mere places of leisure, state parks are important national attractions whose continued maintenance is important to the preservation of America’s emphasis on environmental upkeep.  With funds scarce and expenses rising, states must become creative with ways to get the necessary money to keep these parks alive.

California closed a whopping 70 parks, while Arizona cut funding to parks completely.

[2]

  Other states have made multimillion dollar cuts to funding previously allocated to state park maintenance.

[3]

  The necessity of these closures is not for lack of attendance nationally, as U.S. state parks saw a 14 million visitor increase from 2009 to 2010.

[4]

  What’s more, state parks are fairly large employers in a country troubled with unemployment, providing some 270,000 jobs across the country.

[5]

A likely reason for these budget cuts to state parks is that states do not receive matching funds from the federal government for the funds it spends on them,

[6]

thus such spending equates to a dollar for dollar reduction in money that could be used elsewhere.  Even those federal programs that have provided funding for state parks are at risk of being eliminated.

[7]

  One such program is the Recreational Trails Program, which “provides funds to the States to develop and maintain recreational trails and trail-related facilities for both nonmotorized and motorized recreational trail uses.”

[8]

To make up for the loss in funding once provided by the budgets, some states have resorted to raising fees in exchange for unlimited parks access,

[9]

and seeking corporate and nonprofit partnerships by offering them advertising opportunities and control over operations.

[10]

  In Ohio and Pennsylvania, legislation has been introduced which proposes leasing state park land to oil and gas drillers.

[11]

  Proponents of the legislation see it as a necessary measure to raise the requisite funds for much needed park projects, while skeptics see such a move exposing parks to corporate greed.

[12]

State funding is scarce in most areas of the country, so budgetary cutbacks rarely come as a surprise.  But if an effective replacement for this source of money is not found and state park closures proceed as projected, Americans will soon be deprived of great opportunities to see this country’s natural landscape.

[i]

Douglas Shinkle,

Parks in Peril

, National Conference of State Legislatures (Jan. 2012),

http://www.ncsl.org/issues-research/env-res/parks-in-peril.aspx

.

[ii]

Id

.

[iii]

Id

.

[iv]

Id

.

[v]

Id

.

[vi]

Shinkle,

supra

note 1.

[vii]

Id

.

[viii]

Recreational Trails Program

, U.S. Department of Transportation Federal Highway Administration,

http://www.fhwa.dot.gov/environment/recreational_trails/index.cfm

(last updated Apr. 27, 2012). 

[ix]

Shinkle,

supra

note 1.

[x]

Id

.

[xi]

Id

.

[xii]

Id

. 

Ohio and Kentucky both debating the issue of racetrack gambling

This post was written by staff member Katie Huddleston.

The issue of allowing additional gambling at racetracks, usually in the form of slot machines, has been a hot topic in the equine industry since the recession that began last fall has lead to dramatic decreases in betting and earnings at such tracks. Janet Patton, Drop in wagering eats into Ky. Coffers, LEXINGTON HERALD LEADER, Sep. 22, 2009, available at http://www.kentucky.com/news/state/story/944936.html. Kentucky, home to the world's most renowned horse race, the Kentucky Derby, has yet to approve such racetrack gambling. Governor Steve Beshear called a special legislative session in June in an attempt to pass legislation that would allow slot machines to be added to the Kentucky racetracks: Churchill Downs (home of the Kentucky Derby), Keeneland Race Course and Turfway Park. However, the measure was unsuccessful. Now, neighboring Ohio is facing its own challenges in its attempt to institute video lottery terminals at equine racetracks.

Monday, September 21, 2009, the Ohio Supreme Court put a freeze on the implementation of slots at the state racetracks after Gov. Ted Strickland had "authorized the machines by executive order" and the legislature had included the expected revenue in its budget. Julie Carr Smyth, Ohio high court ruling puts racetrack slots on hold, LEXINGTON HERALD LEADER, Sep. 22, 2009, available at http://www.kentucky.com/101/story/944935.html. This measure was the result of a suit brought by the developers of LetOhioVote.org. The group sued the Ohio Secretary of State for ignoring submitted petitions asking for the issue of racetrack slots to be included on the ballot in November of 2010. While the state argued that the slots revenue was "shielded from the referendum process" by reason of being an appropriation, the court disagreed. Id. The court ordered Secretary of State Jennifer Brunner to accept the petitions submitted by LetOhioVote.org, which requires the Secretary to put the question of racetrack slots on the ballot next year. According to the court's ruling, until such vote is held, the slots plan cannot be implemented. The Ohio Lottery Commission, the Governor and legislators were disappointed with the result, which they claim will result in a "nearly $1 billion shortfall" in the state budget. Id.

The Supreme Court's decision could have wide-reaching implications on the issue of racetrack gambling across the country. In Kentucky, the decision may offer a reprieve. With betting at Kentucky racetracks falling as much as 17 percent last season, the added pressure of competing with Ohio tracks may be diminished by this delay in slot implementation. Janet Patton, Drop in wagering eats into Ky. Coffers, LEXINGTON HERALD LEADER, Sep. 22, 2009, available at http://www.kentucky.com/news/state/story/944936.html. The decision may also provide incentives for racetrack gambling opponents and proponents to consider seeking a referendum to finally decide the issue. In the meantime, Indiana tracks will fill the void temporarily left by Ohio and Kentucky by implementing racetrack slot gambling this year, monopolizing the market for such gambling in the region, at least for the time being. Id.