20160210 SM3MIAMIBEACH
City Commission Meeting
SUPPLEM ENTAL MATERIAL 3
City Hall, Commission Chambers,3rd Floor, 1700 Convention Center Drive
February 10,2016
Mayor Philip Levine
Comm issioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Com missioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the Gity Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R9 - New Business and Commission Requests
RgQ Consideration Of Straw Ballot On Whether Or Not To Retain City Of Miami Beach Red Light
Camera Program.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Additional lnformation)
RgS Discussion Regarding The City Signing On To An Amicus Brief ln Support Of The United States
Environmental Protection Agency's (EPA) Clean Power Plan Rule.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
(Memorandum)
1
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2
Cardillo, Lilia
From: Morales, Jimmy
Sent: Tuesday, February 09,20L62:25 PM
To: Granado, Rafael; Cardillo, Lilia
Cc: Aguila, Raul
Subject FW: Red Light Camera Memo from April 2015 FCWPC & Accident Data
Attachments: Copy of Red Light Camera Intersections 2005-20L5.2.xlsx; FCWCP Red Light Camera
Memo.docx.doc
Ralph,
Can you include this email and the two attachments as a supplement to item R9Q? Thanks
L4lAt\n1ffiffi&ffih{
Jimmy Morales
Gity Manager
OFFICE OF THE CITY MANAGER
1700 Convention Center Drive, Miami Beach, FL 33139
Tel : 305-673-701 0 / Fax: 305-673-7782 / http://www.miamibeachfl.qov
We ore committed to providing excellent public service ond solety to oll who live, work ond ploy in our vibront, ttopicol, historic community,
From: Oates, Daniel J.
Sent: Tuesday, February 09, 2016 12:52 PM
To: Morales, Jimmy
Cc: Robinson, Ian; Chong, Hyok; Rodriguez, Joaquin; Salabarria, Jessica; Causey, Mark; Clements, Rick; Hill, Lauretta;
Reeder, Tricia; Rich-Goldschmidt, Wendy
Subject: FW: Red Light Camera Memo from April 2015 FCWPC & Accident Data
Jimmy,
ln anticipation of tomorrow's Commission discussion of ltem R9Q, "Consideration of Straw Ballot on Whether or Not to
Retain City of Miami Beach Red Light Camera Program," you may wish to share with Mayor and Commission the very
latest accident data, complete for 2015 and going back to 2005, for the Photo Red Light intersections in the city. This
topic was fully presented to the Commission last May, and the data for the remainder of 2015 is consistent with the
trend we reported then - that total accidents, and accidents with injuries, are generally down at these intersections
since the inception of the program. As pointed out in our May discussion, the one location with aberrant data is 17th
Street and Alton Road, and this reflects the 18 months or so of construction activity at that location in201.4 and 2015.
I have also attached a memorandum from the May 2015 Commission meeting that summarizes the history of the
program and includes additional insight.
Dan
i i r & ! r !s'\s* i c'%{ nJ\ 1'I 11 n fi tEdE & P { }:i." l .\ f\ {t 1 s.&s* _s\*i \I itJ 1J'.-'it { iE f-\\ -} {
Daniel J. Oates, Chief of Police
MIAMI BEACH POLICE DEPARTMENT
1100 Washington Avenue, Miami Beach, FL 33139
Tel: 305.673.7925 | wwrv.miamibeachfl.qov
Asenda lt", R1O--s- oate3l|T3
Before Red Light Program After Red Light Program
17th St and Washington Ave
(Eastbound and Southbound)
= I ::l\+l; i
=, .:,:::.::=:.:.:l::|i I L
$S.ll,.;::::=':::=- :::-
g i ili,-\iirE ::,:..r,
Dade Blvd and Washington Ave
{Eastbound}jS? ,,' :. :.,r
Y:ll L -, ,:,,:=
:.:::::.:=:- : i
23rd 5t and Dade Blvd
(Westbound)
., .::.:::::::::::::=
:::'
i,li l::,::::::,:.:.=:
/:tlt .rii..!ri! . :::::::
41st St and Prairie Ave
(NorthboundI
Igill j,,:l:::::l!..,::::::::=
i:aai, : .:
Chase Ave and Alton Rd
(Northbound)
SideSwipe 3 0 3
Head-on ';q;&1 tJ ) ()
13681213
tv5r5
13
0 "ttt=;':;
Total Crashes t295680
230220
543240
301110
101010
:::.: , 1 0 I ..- 0:,,i, 0
000000},f10200
220010
:::::+ -:,, 11.: 0 : 0 = 1.t.r:: 0
1
'.4
1
9
0
0
1
0
0
87L2541477
r l; i o o o o o l l o
4500220273
L *."'l' o o 1 1 o o o 1
ZOL211LL23
1,.* -0 0 0 0 0 0 0 3 0
0000000000o:- o o o o o o o o o
0000000100
oo001000oo
3.400144
1000000
0i:4";:::i::::=:,,. 1: 0 0 0l:r 1 ,,- 1
0.: , 3 0 0 0 0 0
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0::::=: :: .O 0 0 ': L 0 0
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1.:: 0 0 0 ,0 0 0
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0000000
33342t30
.0 0- I 0 0 0 0 0
10102t20
.:...2 ..:+,:.:1:.... L. 2 0 0 0 0
00000000: o o"::'' o 1 o o o o
00010000
00'1000L0
00000000
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1100
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5
2
:4
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,,
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:::
:0
Angle74l96
nearend 2 O ,,. 0. 1 ,,..b
Singlevehicle 1 0 0 0 0
I r:
17th St anJ Alton Rd
{Westbound} ''Tota{.etarhcs
rr:. : lnjuries :..,', :,.:2 2;:;=:.;:'."2- 4 -----' 4 0
. " :.t -:1 * '#;:1 tsAngle} .;#iL#; q 5 ,7',, 4',.1t44 ": 'i
RearEnd f 2 3 4 6 0
$ffisidus*iPt l::l Y{ 5 s 3 4 1 1
Head-On 0 0':::::'::::'.0.: 0 0 :0
Singlevehicle , - 1 1 0 0 0 0
102
S. 1A\lt$NQi,.i.:iliL,i o
00L
Motorcycle00::,:,:::2 11
Bicycle' ..j: "$; o o t o L
!4
2
4
0
6
0
0
1
0
3
6
1
5
0
0
o
0
0
0
0
11w*tft
10
N2ffi)NW
2,' L5ffiM
10
Pedestrian
Motorcyclr
Birycle
Total Crashes
!niuriea.,
Angle
Rear End .
Side Swipe
fiead-on
Single Vehicle
Pedestriin:.,
Motorcycle
uiwile l:':r.'r
00
1 r :.=Pr
10
L
0
0
L3
0,0
o0
oo
10
, ,Q.
0
i=,...d]r'
: ._ '. lTotal Crashet 3 3 i :: ttt':ti:3 ":L._
lnjuries ,0 :,. 0, 1 0
RearEnd 0 0 1 1
Slde Swipe 1 irNW 1 1::t::::tt:lHead-on0000
slnsJevehlcle ;.U#ffiffiS. 0 0
Pedestrian0000
Motorcycle .0\+Y@S 1 .0
Bicycle000O
Total Crashes
ihtjuiG ':..:::.=-.
Angle
Rear Ead ;ii",,;:iiiii::= ii
Side Swipe
Head-on 0 0
Single Vehicle O 0
Pedestrian 0 0
Motorcycle O 0
Total Crashes 2 7
lnjuries 1 0
Angle 0 v 0
Rear End 0 L
Side SwiPe i Yi:t 2 '.'0 0
Head-on 0 0 0
singeVihicle , o _ .#o o
Pedestrian 0 O 0
Motorrycre .f SK; o:i; ^\ o
:4 7
32
r;r,i;,;* li 4
1
0
0
n
0
$
A
0;
2
!
0
1L
0
;t:'i O
0
=0,0
::::+
5
0
2
6
0
,g:
0
G
4
63rd St and lndian Creek
(Southbound) Total Crashes 22 13 LZ 5 7 5 8
2
2
3
3
0
0
0
o
48104L1544373
02lE3 11111111
3 2 ,'...,.,.,4 1 3 3 Z 4 7 5 1
0 3 3 0-- 4 _2 1 0 1 1 0
01222000011
00100000000
0 1 0 0- 0 0 0 0 0 0 1
00000000000
:'0 0 0.:=::::::+::::= 1 ' r:::::+= 1 0 0 0 0
7!73
1010
2020
0131
0022
o0oo
0000
0oo0
0000
0000
:.,:,:: Motorcycle 0 0 0 0 0 ,
.brcy€re$u:;:B}.,1tkift{u+rl
Abbott Ave and lndian Creek
(Southbound) ioral Crashes *r.", .5 3 1 :1' :-Y I I 5 * 2
=,. ,. Angle :.
Rear Lnd
:'r::;:-= Side Swipe 1
611 8342
1':," ,:=., ,:::,,, :..:r: rli:irri ir 0 iilll ili\\l\&\l#Hilfllllliiii NS
0 1 0' :.000oo
000000
1, 1 0 2 1 0
0 2 0;. 1 ' 1 1
Single Vehicle L7 2
'S*wiF Pfirestrteft lrI'.,i U U
I n.iu ries
*ngfe .::.
Rear End
Sid; stYipa'.,i:
0
0
0
0
0
0
0
0
0
0
x
0
1
0
0
0
0
0
0
0
71st 5t and tndian Creek
{Northbound}
,aLr";i:1$ltftllL ris:ri= i -
-:,
L: .iri: r: i:;.$iL 1:.::::::::=.::=r,
Head-on Ll :,::: 0 0 0 0 0
Singlevetlicle ..0..:,"e* 0 0 0 1 0
Pedestrian00OO00
Mololcycle 0' ffiN ,',r. -0 0 1 0
Bicycle000000
Total Crashes
rn;-ni@_.,;;:::
Angle
nE-ii-@, r':,-=
Side Swipe
H€ad+n':,=
Single Vehicle' . \{ tarcstirn
r::: '.. Motorcycle
5
6
lntersections
17th St and Washington Ave
Total Crash Average
Total lnjury Average
17th St and Alton Rd
Total Crash Average
Total lnjury Average
Dade Blvd and Washington Ave
Total Crash Average
Total lnjury Average
23rd St and Dade Blvd
Total Crash Average
Total lnjury Average
41st Street and Prairie
Total Crash Average
Total lnjury Average
Chase Ave and Alton Rd
Total Crash Average
Total lnjury Average
63rd and lndian Creek
Total Crash Average
Total lnjury Average
Abbott Ave and lndian Creek
Total Crash Average
Total lnjury Average
2005-2010 201,1,-201,4
1073
1.8 1,.7s 0.0s
12 14.5 -2.5
2.3 1 1.3
642
0.66 0.5 0.16
3 1.25 1.75
101
3.83 2.5 1.33
0.83 0 0.83
3 1.75 1.25
0.5 0.75 -0.25
10.83 4.s 6.33
01-t
3.5 1.75 7.75
1.33 1 0.33
7
8
-19't5.2015-
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 8,2015
SUBJECT: Discussion regarding the City's agreement with Xerox State and
Local Solutions, lnc. for the Photo Red Light Enforcement (PRL)
Program
Background:
ln April 2010, the City of Miami Beach entered into a contract with Xerox State and
Local Solutions, lnc. to begin a photo red light (PRL) ticket enforcement program. A
total of 10 cameras were located throughout the City, from 17' Street in the South
to 71st Street and lndian Creek in the North. While some cameras were installed in
2010, the program only became fully operational at 9 inter-sections in 2011.
The intent of the PRL program is to improve public safety by reducing motor vehicle
crashes at traffic signal intersections by holding red-light offenders accountable for
their violations. The Miami Beach Police Department currently manages the
program and monitors 10 cameras in 9 different intersections throughout the city.
The City of Miami Beach's contract with Xerox is set to expire in May 2015. The
Commission must make a policy decision whether to renew or modify the
agreement
Analvsis:
ln order to inform the Commission's decision on whether to renew the contract, a
multi-year break down fortraffic crash data is illustrated. Additionaldetail regarding
types of crashes and violations is also provided.
Traffic Crashes with lniuries. bv calendar vear at PRL lntersections
9
Cameras implemented mid-year 2010, 2011 first full year of RLC data
.W_aqlllngton Qrash Crash Crash Crash;
r- -I$Hg}jXfrW J\Si- " Isi ?-A{:"\ - :1$r# 1fffiii[$lo,i$rii iaFi ;ii rr]f l\12 14 13 15
17thl Alton Rd
baue'atvot
Washington
AVElt :r ir,rr': 'i
23rd SU Dade
Blvd
136:-
Crash Crash
4lnj 0 lnj
2= '=f..s.{1
Gmsh.:Ci-a$h
dittj"", o lnj :
Cr:aqh-,..Crash
2 lnj".''- ;p;
B iffi=T!t.jN,=
Cra5h,i,... iag=
0 tnj 0l ffi [
6= -i$i8 lllii
criinr, crash i
2 lnj 2lnj
11 27
Crash Crash
1 lnj 0 lnj
'€rri, sir ffillW
"ffidfiS1, ffife.
N ==1
l*i i.r'
14
Crash Crash Crash Crash
2lnj 2lnj 21nj 4ln)
13 I =,='=
41sffl',
,
PrairiaAve
Crash Crash
1 lnj 0 lnj
? .2',.,,:r
::::::::i=i ril l.liiiii;l';j{i#.,1 I
e.rashgiv,r #
=a ,N"wl{ffit55
eiish C E=.-* E3r*Eh
2 lnj 1 lnj ,1 Inj 0 lnj,
Crash Crash Crash Grash
0 lnj 0 lnj 1 lnj 0 lnj
3473
Crash Crash Crash Crash
1 lnj 2 lnj 1 lnj 0 lnj
2"141
Crash Crash Ciash", Crash
0 lnj 0 lnj 0lnj , 0lnj
4,t_ 2 1r:,i, 3
'ii ., '
ffiffih I i Q'aaah'era,Sh i;;G..-
0..i[f$j1i[l,,0]fi ,0 fnjl i..o,l
4111
Chase/ ah'd- ''' Ciash Crash Crash Crash Crash Crash Crash Crash Crash Crash
Altonp6," 1[nj 0lnj 0lnj 0lnj 0lnj 2lnj 2lnj ltnj 0lnj 0lnj
,22 . 13 12 5 7 { 6 I 2 1 7
;
63rd Street/ Craih Crash Crash Crash CraSfr Crash Crash Crash Crash Crash
lndianCreek 4tn1 2tn; llnj llnj llnj otnj 2lni llnj 0lnj llnj
Abbott
Ave/lndian
Creek
ll ,., ';;:
',7.=,,..1...S,.,!,,, an
,
'-=.lfidian Creek
2005:
2006:
2007:
2008:
2009:
2010',
2011,,
2012,,
2013',
2014,,
5 3 ,,-,1 .,.,,.- .. 5
Crash Crash'" C.@ , Crash
0 lnj 0 lnj '".0,-'[ '' loj
4 '1= =:.={$,=l=j={.-::: uu: :t :: uut:uut:t::t:::::::::u: t:tuuuuuu
crash Ciair' Cr;ah crasn
0 fhj 2 Inj,1 I lftj fiilnj .i
77
60
65
4B
62
48
48
23
29
69*
1015
Crash Crash..,'Crash Crash
1 lnj 0 lnj 0 lnj 1 lnj
Cra$h Crag,,,]lirr Offih
f
,ir..e$h
1 lnj 1 lnj 1 Inj 1 lnj
52
Crash Crash
0 lnj 0 lnj,i.i =.=.r S .
Cra.Sh Crash
1 lhj 1, lnj- r
Year Total Crashes Number of lniuries
12
9
12
7
10
6
11
4
5
6
10
*lmportant note: The MBPD believes that the 2013-2014 data is skewed by the extraordinary
traffic conditions in South Beach due to road construction during that time, particularly in the
West Ave/Alton Road corridor.
When analyzing safety, it is important to also consider the fact that fewer crashes
translate to better traffic flow. lt is estimated that each traffic crash takes police
officers 1.5 hours to respond, investigate and clear the roadway. Fewer traffic
crashes mean less frequent lane closures, maximizing unrestricted traffic flow and
reallocating police resources to other calls for service. To help illustrate this, the
number of traffic crashes, with corresponding collision type and camera location, is
attached (see supporting material, 2005-14 data).
FISCAL IMPACT (see supporting material)
Since the program's initial investment, revenue has surpassed expenditures. Until
this analysis, however, all staff salaries specifically dedicated to the operation of this
program was not included as expenditures. The "True Cost" column factors in all
salaries/benefits under the current operation of the PRL program. With this
correction, a surplus of $189,000 is projected for FY 15/16.
The Miami Beach Police Department has also discussed expanding the program by
adding five additional cameras. These would be strategically placed throughoutthe
city at key intersections. The new cameras, along with a recommended relocation of
an existing camera, will encompass upgraded technology that will enhance picture
quality. lt is estimated that if these additionalcameras are added, the surplus above
expenses forthe PRL program would move from $189,000 to $355,000 annually.
Revenue on top, Expenditures below (see supporting material for details)
11
7,569
19
1,675
2,774
10,084
15,000
l t:;
14,000
'1,000,
15,il00
I i'il ,.::
li$l0m
13,549.66 54,013
57.52
1 0,099.1 6
752.22 10,099
35,550.00 426,600
1,290
100
1,000
21,000
1,881
3,386 1s;ooQ.
aio,ooo284,793 426,600
341
A breakdown of the data specific to ticket fine amounts, as governed by
legislation, is noted below:
. Each ticket cost $158.00
. State of Florida collects: $83.00
. City of Miami Beach collects $75.00
Proposal:
. lncrease the number of cameras by five and deploy to the following, high
volume traffic crash intersections:
o Collins Avenue (SR 41A) and 67th Street
o MacArthur Causeway EB (SR 41A) and Bridge
o MacArthur Causeway WB (SR 41A) and South Fountain Street
o Alton Road (SR 907)and Michigan Avenue
o Washington Avenue and 14th Street
. Move at least one (1 ) of the current ten (10) cameras that is
underperforming to a location(s) where current traffic crash data indicates
12
they would be better utilized in addressing safety and subsequently, traffic
flow.
Request:
The City seeks guidance from the Commission on whether to renew or modify the
current contract with Xerox State and Local Solutions, as it is set to expire in May.
The City of Miami Beach has several options:
Renew contract for a defined period of time
Renew on a month-to-month basis
Allow an expansion of five additional cameras
Allow the contract and the PRL program to expire
JLM:DJO:WRG:tr
a
o
a
a
13
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14
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUIIA, CITY ATTORNEY COMMISSION MEMORANDUM
lo:Mayor Philip Levine Date: February 10,2016
From:
Subject: Discussion regarding the City signing on to an amicus brief in support of the
U.S. Environmental Protection Agency's ('EPA') Clean Power Plan Rule
On October 23, 2015, the EPA published the Clean Power Plan Rule, which set national
standards for carbon dioxide emissions from existing fossil fuel-fired plants. According to the
EPA, "[t]hese plants are by far the largest domestic stationary source of emissions of [carbon
dioxidel, the most prevalent of the group of air pollutant [greenhouse gases] that the EPA has
determined endangers public health and welfare through its contribution to climate change."
Concurrent with the rule on existing power plants, the EPA also issued a final rule imposing
reductions in carbon emissions from new, modified, and reconstructed power plants.
On the same day that the EPA published the Clean Power Plan Rule, 24 states (including
Florida) and several energy companies and industry groups sued the EPA in the D.C. Circuit
Court of Appeals to challenge the Clean Power Plan Rule. Several parties have intervened in
the litigation in support of the EPA, including a coalition of states, led by New York, along with
local governments including the Cities of New York, Seattle, and Austin, and non-profit
organizations like the American Lung Association, Environmental Defense Fund, National
Resources Defense Council, and Sierra Club.
Columbia Law School's Sabin Center for Climate Change Law is drafting an amicus curiae
("friend of the court") brief on behalf of local governments across the country in support of the
EPA's Clean Power Plan Rule. See Letter from Michael Burger, attached as Exhibit "A". The
amicus brief will allow local governments to state their interest in the EPA's mitigation of
greenhouse gas emissions: local governments are confronting firsthand the impacts of climate
change on citizens and infrastructure. So far, the U.S. Conference of Mayors, National League
of Cities, City of Coral Gables, City of Pinecrest, City of West Palm Beach, and several other
local governments across the country have agreed to join in the brief.
ln order for the City to join in the local government amicus brief, the Mayor and City Commission
may adopt a motion directing the City Attorney's Office to seek to join in the litigation as an
amicus curiae. All work associated with the City's participation in this amicus brief will be
handled in-house, by Nick Kallergis, Assistant City Attorney.
RA/NK
F:\ATTO\KALN\COMMISSION MEMOS\EPA Clean Power Plan Amicus.docx
Agenda rtem R15
oate l-10-{b15
Cor-uptBrA Lnw ScHooL
SAI}IN CENTEI\ FOR CLIMATE CHANGE LAW
December t2,2015
Attn: Local Govemment Representatives and Staff
Re: Local Government Participation in the Legal Defense of the Clean Power Plan
Dear Representatives and Staff,
In late October the U.S. Environmental Protection Agency issued the final Clean Power Plan
Rule. The legal merits of the rule are being challenged in the D.C. Circuit Court of Appeals. The
outcome of this litigation will have serious implications for the mitigation of greenhouse gas
(GHG) emissions, and therefore for both domestic and international efforts to combat climate
change. As you know, local governments have a tremendous stake in this issue, because they are
on the front lines of addressing the impacts of climate change on citizens and infrastructure. A
coaliation of local governments is forming in order to support the legal defense of the Clean
Power Plan. The Sabin Center for Climate Change Law will facilitate these efforts by providing
our legal expertise and other services, including taking the lead on authoring a local government
amicus brief in support of the Plan.
The attachment to this letter provides a number of bullet points discussing the importance of
local govemment participation in the Clean Power Plan legal defense, and presents the
opportunity for local governments to participate in litigation to support the Clean Power Plan by
signing on to an amicus brief. We already have a number of national associations and local
governments on board, including the US Conference of Mayors; the National League of Cities;
Baltimore, MD; Coral Gables, FL; Grand Rapids, MI; Houston, TX; Jersey City, NJ; Miami, FL;
Minneapolis, MN; Pinecrest, FL; Pittsburgh, PA; Portland, OR; Providence, RI; Salt Lake City,
UT; West Palm Beach, FL; and Boulder County, CO. I encourage you to consider this
opportunity, and to contact me for additional information or to join in the local government
defense of the Clean Power Plan.
Sincerely,
Michael Burger
Executive Director, Sabin Center for Climate Change Law
michael.bureer@law. columbia.edu
212-854-2372
Sabin Center for Climate Change Law
Columbia Law School
435 West l l6th Street
New York, NY 1002716
Clean Power Plan Legal Defense: The Importance of Local Government Participation
o The Clean Power Plan is a historic public health and welfare protection that will set
national standards for greenhouse gas pollution from power plants, America's largest
source of emissions. This rule is a vital part of our on-going efforts to combat climate
change, and will accelerate the nation's transition to a clean energy economy.
o Nonetheless, companies like Peabody Energy and a group of states led by West Virginia
are trying to halt this progress by toppling the Clean Power Plan in court. There has
already been some preliminary litigation over the final Clean Power Plan-all of which
has failed. Additional legal challenges have been filed in the D.C. Circuit, including
motions to block (or "stay") the implementation of the rule.
o A key opportunity to help defend the Clean Power Plan is participating in litigation in
support of these standards as amici. Participation will allow local govemments to
emphasize the vital nature of these public health and welfare protections and the
opportunity posed by our nation's on-going transition to clean energy.
o Cities and municipalities have a valuable voice to share with the D.C. Circuit and,
eventually, with the Supreme Court. Local government has a tremendous stake in
comprehensive climate protection because local governments are on the front lines of
delivering services and protecting citizens. Cities, counties, municipal governments and
their representatives can speak directly to the benefits of climate protection: from the
economic and public health benefits that have arisen from highly innovative, "bottom-up"
clean energy efforts to the extensive cost of building more resilient infrastructure to
support more climate secure communities. As the proving grounds for concrete clean
energy initiatives, energy efficiency improvements, adaptation planning and numerous
other experiments in climate governance - and as parties seeking a state and federal
policy environment that will complement these efforts - local governments can provide
an authoritative perspective on the cost-minimizing, flexible approach applied in the
Clean Power Plan.
o A coalition of national associations and local governments is forming that will file an
amicus brief in support to the Clean Power Plan and provide the local govemment
perspective on the importance of the regulation and on the promise it holds for a more
sustainable, resilient future. The burden of participating in this coalition would be light.
The Sabin Center for Climate Change Law will take the laboring oar. We will likely seek
input from local govemments in the form of case studies, best practices, data points, and
other information that would help inform the court's decision-making, in order to best
17
represent the local government point of view. But attorneys at the Center will organize
and carry out the work.
o If you or your members are interested in joiningthe amicus effort to help defend these
historic protections, please contact me at michael.burger@law.columbia.edu, or by phone
at212-854-2312.
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