Topicality - Scholars

Gonzaga Debate Institute 2008 Scholars

1 Topicality

Topicality – Alternative Energy Resolved: The United States federal government should substantially increase alternative energy incentives in the United States.

Violations Topicality – Alternative Energy......................................................................................................................................1 ***Violations..................................................................................................................................................................2 Topicality – Substantially is 20% of Energy by Alternate Sources ...............................................................................3 Topicality – Substantially is Without Material Quals – 1NC .........................................................................................4 Topicality – Increase Requires Pre-Existing Incentives – 1NC .....................................................................................5 Increase Requires Pre-Existing 2NC – AT: Overlimits...................................................................................................6 Topicality – Alternative Energy is Singular – 1NC.........................................................................................................7 Topicality – Alternative Energy Excludes Fossil Fuels – 1NC ......................................................................................8 Topicality – Alternative Energy Excludes Nuclear – 1NC ............................................................................................9 Topicality – Incentives Are Solely Positive – 1NC ......................................................................................................10 Incentives are Solely Positive 2NC – Limits ...............................................................................................................11 Topicality – Incentives Require Positive and Negative – 1NC.....................................................................................12 Topicality – Incentives Exclude Mandated Reductions – 1NC ...................................................................................13 Topicality – Incentives Must Be Plural – 1NC ............................................................................................................14 Topicality – Effects – Direct vs. Indirect Incentives 1NC ...........................................................................................15 ***Emissions Trading...................................................................................................................................................16 Emissions Trading is Not Incentives – Command and Control....................................................................................17 Emissions Trading is Incentives – General ..................................................................................................................18 Emissions Trading is Incentives – Positive...................................................................................................................19 Emissions Trading Is Incentives – Predictability..........................................................................................................20 ***Definitions...............................................................................................................................................................21 Definitions – Resolved .................................................................................................................................................22 Definitions – The ..........................................................................................................................................................23 Definitions – United States...........................................................................................................................................24 Definitions – Federal Government................................................................................................................................25 Definitions – Should.....................................................................................................................................................26 Definitions – Should – AT: Past Tense of Shall............................................................................................................27 Definitions – Substantially............................................................................................................................................28 Definitions – Increase ..................................................................................................................................................29 Definitions – Alternative Energy Incentives – Big List ...............................................................................................30 Definitions – Alternative Energy Excludes Fossil Fuels...............................................................................................31 Definitions – Alternative Energy Excludes Fossil Fuels/Nuclear.................................................................................32 Definitions – Alternative Energy Includes Nuclear .....................................................................................................33 Definitions – Alternative Energy Excludes Coal/Liquid Coal......................................................................................34 Definitions – Alternative Energy Excludes Oil Shale/Liquid Coal..............................................................................35 Definitions – Alternative Energy Distinct from Alternate Fuels...................................................................................36 Definitions – Alternative Energy Includes Certain Fossil Fuels...................................................................................37 Definitions – Incentives Are Solely Positive ...............................................................................................................38 Definitions – Incentives Are Solely Positive ...............................................................................................................39 Definitions – Incentives Exclude Mandates .................................................................................................................40 Definitions – Incentives Include Command and Control Forcing Alternate Energy Use.............................................41 Definitions – Incentives Exclude Regulations and Trading .........................................................................................42 Definitions – Incentives Can Be Positive or Negative .................................................................................................43 Definitions – Incentives Can Be Positive or Negative..................................................................................................44 Definitions – Incentives Include Pollution Taxes ........................................................................................................45 Definitions – Pollution Taxes are Incentives, Not for Alt. Energy...............................................................................46 Definitions – In ............................................................................................................................................................47

Gonzaga Debate Institute 2008 Scholars

***Violations

2 Topicality

Gonzaga Debate Institute 2008 Scholars

3 Topicality

Topicality – Substantially is 20% of Energy by Alternate Sources A. Our interpretation – a substantial increase in alternate energy incentives means providing enough incentives to generate 20% of overall energy from alternative sources Martin Westenfelder, Valuation Professional and Economist with 15 years of strategy and business planning experience in consulting and industry, and Josefa Julia Gil Ramos, Sociologist, management trainer and former lecturer on information management at the University of Madrid, December 31, 2007, online: http://grwconsult.com/opinions/Energy.htm, accessed July 2, 2008 First among the developments we project is a substantial increase in the construction of wind parks along the Atlantic Coast (esp. the UK, Portugal and France), solar thermal power in the mediterranean (Spain, Italy and Greece) and of a start-up of the EU-MENA connection sourcing solar and wind energy from Morocco and Algeria via the first stage of the TREC project which presently clearly seems like becoming reality. A share of 20% renewable energies in the overall energy mix of Europe in 2017 appears to be realistic. CO2 Reduction Scenario Given the present establishment of a comprehensive energy reduction strategy in Europe already, a significant turn-around of the present situation in a magnitude comparable to the one described above for the US, is limited by technological innovation and - build-up capacity restrictions.

B. The violation – the plan doesn’t mandate an increase in incentives sufficient to provide 20% of overall energy from alternative sources. C. Prefer our interp 1) Limits – look, we realize that ‘substantially’ is virtually impossible to define perfectly objectively but it has to mean SOMETHING in order to provide a meaningful check on the endless number of tiny alternative energy incentives the aff could offer – our interp guarantees broad, nation-wide affs that affect the entire energy sector. This provides plenty of aff ground while ensuring we always have SOMETHING to say. 2) Neg ground – all our disads assume the plan transitions to a substantial portion of overall energy coming from alternate sources – oil prices, economy, etc all depend upon the aff affecting a broad cross-section of energy use – they can dodge all our stock generics with the ‘wind farm incentives to Vermont’ aff. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

4 Topicality

Topicality – Substantially is Without Material Quals – 1NC A. Our interpretation – ‘substantially’ means without material qualifications Definitional support: Substantially means without material qualification Black’s Law Dictionary 1991 [p. 1024, m7 06] Substantially - means essentially; without material qualification

Increase is to make greater American Heritage 2k [The American Heritage® Dictionary of the English Language: Fourth Edition, accessed June 12, http://www.bartleby.com/61/21/I0092100.html] TRANSITIVE VERB: To make greater or larger

Alternative energy is not limited to a specific technology or set of technologies US Dept. of Interior 07 (“The Interior Department Releases Alternative Energy Environmental Impact Statement and Announces Offshore Alternative Energy Initiative”, Dept of Interior News. Date: November 5, 2007 archive accessed June 22, 2k8) Alternative energy includes, but is not limited to wind, wave, solar, underwater current and generation of hydrogen.

Incentives are everything that induces action American Heritage Dictionary 06 (‘Incentive’. The American Heritage® Dictionary of the English Language, Fourth Edition, Copyright © 2006 by Houghton Mifflin Company. Dictionary.com accessed June 18, 2008) Incentive: n. Something, such as the fear of punishment or the expectation of reward, that induces action or motivates effort

B. The Violation: the aff materially qualifies their alternative energy incentive by specifically increasing _________ C. Prefer our interpretation: 1) Grammar: Substantially increase modifies alternative energy incentives, meaning they can’t qualify the material type or form of the incentives. Grammar is inviolable; guarantees 100% predictable limits 2) Limited ground: They unlimit the topic and undermine our resolutionally guaranteed ground by allowing potentially infinite description in their plan text. The aff gets all the advantage ground they want but must guarantee our generic links to alternative energy incentives 3) Jurisdiction: They only defend one section of alternative energy/only one kind of incentive, not proving the resolution true. Vote neg on presumption. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

5 Topicality

Topicality – Increase Requires Pre-Existing Incentives – 1NC A. Our interpretation – increasing alternative energy incentives refers only to pre-existing incentives American Heritage 2k [“increase”. The American Heritage® Dictionary of the English Language: Fourth Edition, accessed June 12, http://www.bartleby.com/61/21/I0092100.html] To multiply; reproduce

B. The violation – the affirmative establishes a new alternative energy incentive C. Prefer our interpretation 1) Limits – there’s a finite, easily-researchable set of current alternative energy incentives – this is a predictable literature base for both sides that ensures in-depth, quality debates. Their interpretation causes ‘incentive of the week’ affs that are totally unpredictable. 2) Topic education – their interpretation shifts debate away from in-depth policy debates over programs that actually exist and towards pie-in-the-sky proposals with no in-depth literature. This ensures we don’t learn about the issues at the heart of the topic. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

6 Topicality

Increase Requires Pre-Existing 2NC – AT: Overlimits ( ) There are plenty of good affs under our interpretation Haynes 03 (Rusty, Policy Analyst, N Carolina Solar Center, N Carolina State Univ. “An Overview of US State-Level Incentives and Policies Promoting Fuel Cell Technologies”, NHA 2003. Pdf accessed June 21, 2k8) Overview of State Financial Incentives- State-level financial incentives for fuel cells differ from federal-level incentives in that (1) state incentives are generally continuous, whereas federal incentives traditionally have consisted of grants awarded via individual, technology-specific RFP processes; (2) state incentives support both stationary and transportation fuel cell applications, whereas federal incentives tend to emphasize fuel cells for transportation purposes; and (3) some state incentives encourage fuel cell adoption by residents, businesses and the public sector, whereas federal incentives support the fuel cell industry’s research and development efforts.

Gonzaga Debate Institute 2008 Scholars

7 Topicality

Topicality – Alternative Energy is Singular – 1NC A. Our interpretation – the phrase ‘alternative energy’ in the resolution is singular – this means it refers to one energy source Extension.org, 2008, “FAQ #29533”, online: http://www.extension.org/faq/29533 accessed June 18, 2008 Alternative energy is a term used to describe an energy source that is used as an alternative to using fossil fuels. Generally, this term refers to energies that are non-traditional and have low environmental impact. "Alternative energy" may sometimes be used interchangeably with "renewable energy."

B. The violation – the plan gives incentives for several alternative energies C. Prefer our interpretation 1) Limits – allowing combinations of different energy types drastically inflates the number of affirmatives, allowing the aff to come up with any combination of energies that we can’t predict. 2) Neg ground – combining several alternative energies over-inflates affirmative advantage ground – they can access broad shifts in overall energy policy like Renewable Portfolio Standards and they dodge all our arguments about the reasons single energy technologies can’t solve or aren’t economically viable. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

8 Topicality

Topicality – Alternative Energy Excludes Fossil Fuels – 1NC A. Our interpretation – ‘alternative energy’ excludes any energy involving coal, oil, or natural gas Information Architects, June 18, 2008, “Green Glossary,” online: http://www.iagreen.com/glossary.htm, accessed July 13, 2008 Alternative Energy: Energy from a source other than the conventional fossil-fuel sources of oil, natural gas and coal (i.e., wind, running water, the sun). Also referred to as "alternative fuel."

B. The violation – the plan offers incentives for the use of energy sources involving fossil fuels C. Prefer our interpretation 1) Neg ground – they make the topic bi-directional – if the aff can INCREASE our reliance on fossil fuels that flips the link to every generic negative argument. AND they rob us of core counterplan ground – increasing oil development is necessary to test the viability of alternative energies. They short-circuit all of this debate. 2) Topic education – the POINT of an alternative energy topic is to debate NEW approaches to energy that transition away from fossil fuels. They undermine the primary educational benefit from this unique topic. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

9 Topicality

Topicality – Alternative Energy Excludes Nuclear – 1NC A. Our interpretation – alternative energy excludes nuclear energy U.S. Code, Title 26, Subtitle F, Chapter 79, Section 7701, January 2, 2006, online: http://www.law.cornell.edu/uscode/26/usc_sec_26_00007701----000-.html, accessed July 13, 2008 (D) Alternative energy facility For purposes of subparagraph (A), the term “alternative energy facility” means a facility for producing electrical or thermal energy if the primary energy source for the facility is not oil, natural gas, coal, or nuclear power.

B. The violation – the plan incentivizes nuclear energy C. Prefer our interpretation 1) Negative ground – they avoid all our arguments about the transition to new energy sources – every disad is non-unique because nuclear power is widespread now. 2) Limits – every justification for including nuclear power is also a justification for an infinite number of tiny refinements to the way we process fossil fuels – their interpretation can’t function without legitimizing an infinite number of affs. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

10 Topicality

Topicality – Incentives Are Solely Positive – 1NC A. Our interpretation – incentives are solely positive. Any policy involving penalties for non-compliance is NOT an incentive Ora Fred Harris, Jr., Professor of Law, University of Illinois College of Law, July 1989, “ARTICLE: THE AUTOMOBILE EMISSIONS CONTROL INSPECTION AND MAINTENANCE PROGRAM: MAKING IT MORE PALATABLE TO "COERCED" PARTICIPANTS,” Louisiana Law Review, 49 La. L. Rev. 1315, The term "incentives," for purposes of this Article, means those devices that induce one into doing something because of the prospect of reward and, therefore, engender a positive feeling within the actor. An example of incentives in this sense would be tax incentives like credits and/or deductions. But it appears that Congress, some courts and a few commentators have taken a broader view of incentives and have categorized items such as extensions to compliance deadlines and, most notably, sanctions in the Act -- denials of federal grants and bans on construction in the event of noncompliance -- as incentives to compliance. To be sure, these latter items may induce compliance but surely not because of the extension of a "carrot." Instead, they epitomize the "stick" or "disincentive" approach to behavioral modification.

B. The violation – the plan includes (command and control regulations/penalties for noncompliance/disincentives)

C. Prefer our interpretation 1) Limits – allowing disincentives doubles the size of the topic and introduces an entire set of new mechanisms. Limiting the aff to solely positive incentives guarantees mechanism predictability, which is critical to a fair debate for the neg. 2) Neg ground – they make the topic bi-directional, allowing them to spike out of all our offense to incentives. We need an entire new set of arguments to respond to disincentive affs. AND, command-and-control should be negative ground. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

11 Topicality

Incentives are Solely Positive 2NC – Limits ( ) Incentives should be limited to solely positive instruments – even their authors concede that their interpretation drastically underlimits Environmental Protection Agency, January 2001, “The United States Experience with Economic Incentives for Pollution Control,” online: http://yosemite.epa.gov/ee/epalib/incent2.nsf/821321c2b2c0d5bd8525677500697227/94215e550c6e120385256ab20 0704312!OpenDocument, accessed July 14, 2008 For the purposes of this report, economic incentives are defined broadly as instruments that use financial means to motivate polluters to reduce the health and environmental risks posed by their facilities, processes, or products. These incentives provide monetary and near-monetary rewards for polluting less and impose costs of various types for polluting more, thus supplying the necessary motivation to polluters. This approach provides an opportunity to address sources of pollution that are not easily controlled with traditional forms of regulation as well as providing a reason for polluters to improve upon existing regulatory requirements. Under traditional regulatory approaches, polluters have little or no incentive to cut emissions further or to make their products less harmful once they have satisfied the regulatory requirements. The definition of economic incentives used here is quite broad. As such, a great many instruments and programs could be included in this review. By necessity the report focuses on the most significant federal programs and a representative sampling of activities at the state and local level.

Gonzaga Debate Institute 2008 Scholars

12 Topicality

Topicality – Incentives Require Positive and Negative – 1NC A. Our interpretation – incentives include both positive rewards and negative costs – the plan must contain both Joseph Sarkis, Professor in the Graduate School of Management at Clark University, and Hanmin Zhu, Wuhan University of Technology, February 1, 2008, “Information Technology and Systems in China's Circular Economy: Implications for Sustainability,” online: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1122865, accessed July 13, 2008 In general, economic incentives are defined broadly as instruments that use financial means to motivate polluters to reduce the health and environmental risks posed by their facilities, processes, or products. These incentives provide monetary and near-monetary rewards for polluting less and impose costs of various types for polluting more. This approach provides both an opportunity to address sources of pollution that are not easily controlled with traditional forms of regulation and a reason for polluters to improve upon existing regulatory requirements. Under traditional regulatory approaches, polluters have little or no incentive to cut emissions further or to make their products less harmful once they have satisfied the regulatory requirements. Even though there are overlaps with market based regulatory mechanisms and institutional innovations, there are economic incentives such as pollution charges and taxes, input or output taxes, and various types of subsidies that may not fall within the realm of market based regulatory mechanisms. Economic incentives and constraints help internalize the external costs of socioeconomic activities.

B. The violation – the plan ONLY contains (positive incentives/negative disincentives) C. Prefer our interpretation: 1) Limits – our interpretation limits the topic to cases with a good defense of combining a positive incentive with command-and-control – allowing the aff to choose ONLY positive or only negative incentives exponentially increases the number of cases. 2) Negative ground – requiring positive and negative incentives is the most predictable for the neg, enabling us to focus our research on one part and PIC out of the other. Purely market approaches and purely command-and-control regs should both be neg ground. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

13 Topicality

Topicality – Incentives Exclude Mandated Reductions – 1NC A. Our interpretation – the term ‘incentives’ excludes regulations that make specific requirements for reductions of fossil fuels or use of alternative energy David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 True economic incentive programs offer some advantages over traditional regulation, if they meet the requisites described above. They provide continuous incentives to reduce pollution, often through innovative means. They provide incentives to perform better than regulations require. They will tend to produce better results per dollar of industry expenditure than traditional regulation because companies with the cheapest reduction alternatives will probably reduce pollution the most in response to economic incentives. n265 True economic incentives also provide the possibility of achieving a lot with fewer difficult administrative decisions mandating emission reductions. But one must move beyond even taxes to develop systems that do not depend, to a significant degree, upon difficult governmental decisions. Indeed, if we want to maximize free market-like innovation, we may wish to find strategies that stimulate competition to reduce pollution. [*348] On the other hand, true economic incentive programs do not involve the same degree of political control of pollution levels as traditional environmental regulation and emissions trading. True economic incentive programs obtain the level of pollution reduction that private actors choose to offer in response to the incentive. While government can exercise some control over the intensity of the incentive especially in the tax context one does not know a priori exactly what the incentive will produce.

B. The violation – the plan includes a regulation mandating (a specific reduction in fossil fuel use/a specific amount of alternative energy use)

C. Prefer our interpretation 1) Limits – there are an infinite number of regulations both limiting fossil fuel use and mandating alternative energy use – they explode the topic to include nearly any energy policy making negative preparation impossible. 2) Ground – they make the topic bi-directional. We need an entire new set of arguments to answer regulations affirmatives – they turn any disad to incentives. And, they radically inflate aff ground because they fiat solvency by mandating the transition to alternate energy. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

14 Topicality

Topicality – Incentives Must Be Plural – 1NC A. Our interpretation – the word ‘incentives’ in the resolution is plural – that means it requires multiple incentive English Test.net, updated 2008, online: http://www.english-test.net/toeic/vocabulary/meanings/231/toeicexplanations.php, accessed July 2, 2008 Explanation of incentive (noun) form plural: incentives stimulus; inducement; enticement; encouragement

B. The violation – the plan includes only one incentive C. Prefer our interpretation 1) Limits – requiring a combination of incentive policies forces the aff to find solvency evidence for broad packages of alternative energy policies – that limits the topic to cases with deep and specific solvency literature. 2) Negative ground – our interpretation deters ‘incentive of the week’ affs that undermine neg ground and ensures the aff is a broad policy that we know we’ll have links to. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

15 Topicality

Topicality – Effects – Direct vs. Indirect Incentives 1NC A. Our interpretation – topical affirmatives must directly incentivize the use of alternative energy – other incentives that only RESULT in alternative energy increasing are indirect Thomas Enters, Natural Resource Management specialist at the UN Food and Agriculture Organization, et al., 2004, “What does it take? The role of incentives in forest plantation development in Asia and the Pacific,” online: http://www.fao.org/docrep/007/ad524e/ad524e05.htm While there is no dearth of definitions for incentives, a single agreed definition does not exist (Meijerink 1997). Defined

in very broad terms, an incentive is anything that motivates or stimulates people to act (Giger 1996; cited in FAO 1999). Sargent (1994; cited in Tomforde 1995) defines incentives as signals that motivate action. Other definitions refer to the “incitement and inducement of action” (Enters 2001). Within the context of development projects, incentives have also been described as “bribes” and “sweeteners” (Smith 1998).

To be of interest and to have an impact, incentives need to affect the cost-benefit structure of economic activities such as plantation management. Hence, in the context of the regional study, incentives can be defined as policy instruments that increase the comparative advantage of forest plantations and thus stimulate investments in plantation establishment and management. This definition is broader than the more narrow definition for subsidies. The latter are of a purely pecuniary nature and usually viewed as payments provided to reduce the costs of or raise the returns on an activity. The broader definition includes research and extension, which are important elements in supporting plantation development.

The definition also includes sectoral and macro-economic policies which, as will be argued in the concluding chapter, establish much of the general investment climate and heavily influence the economic behaviour of individuals and corporations. Consequently, the spectrum of incentives is considerably broadened and a distinction is made between direct and indirect incentives (Figure 5). Direct incentives are designed to influence returns to investment directly The distinction between direct and indirect incentives is somewhat blurred. Direct incentives are designed to have an immediate impact on resource users and influence returns to investment directly. Indirect incentives on the other hand have an indirect effect through setting or changing the overall framework conditions within and outside the forestry sector. There are some overlaps. For example, tax concessions for plantation investors are a direct incentive, whereas general tax reductions for fuel are considered indirect incentives, because they lower production and transport costs within - as well as outside - the plantation sector.

B. The violation – the affirmative incentivizes something other than the use of alternative energy – their incentives only indirectly RESULT in alternative energy use later. C. Prefer our interpretation: 1) Effects topicality is illegitimate – if the plan doesn’t mandate an increase in incentives for alternate energy, it’s on-face non-topical and outside your jurisdiction to vote for. 2) Limits – allowing the aff to take any action that ultimately results in alternative energy use vastly expands the topic to include any action they can find solvency evidence for – that makes neg prep and predictability impossible. 3) Negative ground – they undermine all our disads to the mechanism of incentives – every potential aff in their interpretation should be negative counterplan ground. D. Vote neg Topicality is a voting issue because it’s a jurisdictional side-constraint, to preserve education and fairness and because we shouldn’t have to waste time strategizing against non-topical affirmatives.

Gonzaga Debate Institute 2008 Scholars

***Emissions Trading

16 Topicality

Gonzaga Debate Institute 2008 Scholars

17 Topicality

Emissions Trading is Not Incentives – Command and Control ( ) Emissions trading is a command-and-control regulation, which is distinct from an incentive – any definition of incentives that includes trading is hopelessly vague and unlimited David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 Is an emissions trading program n1 an economic incentive program? Emissions trading programs allow polluters to avoid pollution reductions at a regulated pollution source, if they provide an equivalent reduction elsewhere. n2 Most scholars, government officials, and practitioners equate emissions trading with economic incentives, but they do not define "economic incentives." This failure to define economic incentives leaves unsupported the suggestion that emissions trading realizes environmental goals through economic incentives, but that traditional regulations (rules that limit discharges of pollutants into the environment without allowing trading) do not. Both traditional regulation and emissions trading rely upon the threat of a monetary penalty to secure compliance with government commands setting emission limitations. n3 Perhaps neither traditional regulation nor emissions trading should be considered economic incentive programs, because both rely upon government commands. n4 Or perhaps both should be considered economic incentive programs, because monetary penalties provide a crucial economic incentive in both systems.

Gonzaga Debate Institute 2008 Scholars

18 Topicality

Emissions Trading is Incentives – General ( ) Emissions trading is an incentive – it motivates companies to continually go beyond regulated requirements David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 Proponents of emissions trading generally claim that economic incentive programs will remedy the defects that they attribute to traditional regulation [*312] by promoting efficiency, n105 stimulating innovation, n106 and providing continuous incentives to go beyond regulatory requirements. n107 They invoke the image of a free market system producing better environmental quality through unleashed innovative energy with little need for slow ponderous government decision making. n108 These advocates claim that emissions trading constitutes an economic incentive program with the features mentioned above.

( ) Emissions trading is an incentive program David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 III. Defining Economic Incentives and Understanding Emissions Trading This Part asks whether emissions trading relies upon economic incentives to a greater extent than traditional regulation. The possibility of a negative answer reveals some theoretical limits to emissions trading as a spur to innovation and continuous improvement. A. A Broad Preliminary Definition of Economic Incentives Many scholars advocate increased reliance upon economic incentives to achieve environmental goals. But what precisely is an economic incentive? [*323] What distinguishes reliance upon economic incentives from reliance upon traditional regulation to meet environmental goals? An economic incentive program can be defined as any program that provides an economic benefit for pollution reductions or an economic penalty for pollution. Defining economic incentives to include both positive and negative incentives includes pollution taxes in the definition. n155 Does command and control regulation qualify as an economic incentive program under this definition? Imagine a pure command and control law. The law commands polluters to perform specific pollution reducing acts, but provides no penalties for non-compliance. This law would probably motivate little or no pollution reduction, because polluters could violate the commands without consequence. n156 Command and control regulation only works when an enforcement mechanism exists. n157 Traditional regulation relies upon a negative economic incentive a monetary penalty for non-compliance as the principle inducement to comply with regulatory requirements, true command and control requirements, such as work practice standards, and the more common performance standards. n158 Indeed, a traditional regulation's success depends heavily upon the adequacy of these monetary penalties. n159 A formal definition of an economic incentive program as any program relying on positive or negative economic inducements to secure pollution reductions plausibly applies to just about any regulatory program. To evaluate possible explanations for the dichotomy's assumption that emissions trading relies on economic incentives, but traditional regulation does not, a functional analysis is helpful. Parties to this debate need to analyze whether emissions trading overcomes traditional regulation's weaknesses in spurring innovation and providing continuous incentives. This will require examination of the sources of economic inducements, the financing mechanisms, the likely responses of regulated polluters (both strategic and desired), and the governmental [*324] role in emissions trading. These questions provide the tools to develop a functional theory of economic incentives.

Gonzaga Debate Institute 2008 Scholars

19 Topicality

Emissions Trading is Incentives – Positive ( ) Emissions trading is a positive incentive mechanism David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 Emissions trading programs are often characterized as economic incentives because they use positive economic inducements. The lower cost source can increase revenue by reducing pollution below regulatory limits and selling credits to the higher cost source. The money to provide a positive inducement, however, must come from somewhere.

Gonzaga Debate Institute 2008 Scholars

20 Topicality

Emissions Trading Is Incentives – Predictability ( ) Defining emissions trading as an incentive is predictable – empirically, it’s included in policies that are explicitly designed to increase incentives David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 The dichotomy between command and control regulations and economic incentives has had a powerful influence upon policy. n7 On October 22, 1997, President Clinton outlined his plans to address global climate change, an increase in global mean surface temperatures that emissions of carbon dioxide and other "greenhouse gases" cause. n8 The President's speech stressed the issue's importance by referring to some possible consequences of climate change including "disruptive weather events" (such as droughts and floods), the spread of "disease bearing insects," and receding glaciers (which might cause inundation of coastal areas). n9 President Clinton did not mention a single new traditional regulatory program or propose any specific cuts in greenhouse gas emissions, such as carbon dioxide, below 1990 levels to combat this potential menace. Instead, he announced a "package of strong market incentives, [*292] tax cuts and cooperative efforts with industry." n10 The President's package included emissions trading, which is the "economic incentive program" most often implemented. His proposal would allow polluters in one country to avoid greenhouse gas reductions at home in exchange for pollution reductions abroad. n11 Not surprisingly, emissions trading became an important element of the subsequently negotiated Kyoto Protocol on climate change, in which the developed countries apparently agreed to modest cuts in greenhouse gas emissions.

Gonzaga Debate Institute 2008 Scholars

***Definitions

21 Topicality

Gonzaga Debate Institute 2008 Scholars

22 Topicality

Definitions – Resolved ( ) In policy-related contexts, ‘resolved’ denotes a proposal to be enacted by law Words and Phrases 1964 Permanent Edition Definition of the word “resolve,” given by Webster is “to express an opinion or determination by resolution or vote; as ‘it was resolved by the legislature;” It is of similar force to the word “enact,” which is defined by Bouvier as meaning “to establish by law”.

( ) Resolved means a determination reached by voting Webster’s Revised Unabridged 98 (dictionary.com) Resolved: 5. To express, as an opinion or determination, by resolution and vote; to declare or decide by a formal vote; -- followed by a clause; as, the house resolved (or, it was resolved by the house) that no money should be apropriated (or, to appropriate no money).

( ) ‘Resolved’ means to settle formally by voting Webster’s Law 96 ["resolved." Merriam-Webster's Dictionary of Law. Merriam-Webster, Inc. 01 Jul. 2007. .] resolve transitive verb 1 : to deal with successfully : clear up 2 a : to declare or decide by formal resolution and vote b : to change by resolution or formal vote intransitive verb : to form a resolution

( ) ‘Resolved’ means a firm decision American Heritage 2k [The American Heritage® Dictionary of the English Language: Fourth Edition, http://www.bartleby.com/61/87/R0178700.html] Resolve TRANSITIVE VERB:1. To make a firm decision about. 2. To cause (a person) to reach a decision. See synonyms at decide. 3. To decide or express by formal vote.

( ) ‘Resolved’ implies a specific course of action American Heritage 2k [The American Heritage® Dictionary of the English Language: Fourth Edition, http://www.bartleby.com/61/87/R0178700.html] INTRANSITIVE VERB:1. To reach a decision or make a determination: resolve on a course of action. 2. To become separated or reduced to constituents. 3. Music To undergo resolution.

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Definitions – The ( ) “The” indicates reference to a noun as a whole Webster’s 05 [http://www.m-w.com/cgi-bin/dictionary accessed June 18, 2008] 4 -- used as a function word before a noun or a substantivized adjective to indicate reference to a group as a whole

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Definitions – United States ( ) The United States is the 50 states Wordnet 06 ["united states." WordNet® 3.0. Princeton University. 01 Jul. 2007. .] 1. North American republic containing 50 states - 48 conterminous states in North America plus Alaska in northwest North America and the Hawaiian Islands in the Pacific Ocean; achieved independence in 1776 2. The executive and legislative and judicial branches of the federal government of the United States [syn: United States government]

( ) The States, DC, and Puerto Rico USDA 08 (“Regulations Governing the Financing of Commercial Sales of Agricultural Commodities § 17.2 Definition of terms”, P.L. 480 Federal Regulations, Last modified: Monday, April 14, 2008 06:13:23 PM, http://www.fas.usda.gov/excredits/FoodAid/Title%201/pl00172.html accessed June 18, 2008) United States--the 50 States, the District of Columbia, and Puerto Rico.

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Definitions – Federal Government ( ) The federal government is national Black’s Law Dictionary, 1999 federal, adj. Of or relating to a system of associated governments with a vertical division of governments into national and regional components having different responsibilities; esp., of or relating to the national government of the United States

( ) The federal government is the one in D.C. Dictionary of American politics, 2nd edition, 1968. Federal government: in the united states: the government which, from its capital in the district of Columbia, directly legislates, administers, and exercises jurisdiction over matters assigned to it in the constitution and exerts considerable influence, by means of grants-in-aid and otherwise, over matters reserved to the state governments.

( ) ‘Federal government’ means the three branches Rotunda 2k1 (Richard, Prof. of Law at Univ of Illinois, 18 Const. Commentary 319, “THE COMMERCE CLAUSE, THE POLITICAL QUESTION DOCTRINE, AND MORRISON”, lexis) The Framers of our Constitution anticipated that a self-interested “federal majority” would consistently seek to impose more federal control over the people and the states. N10 Hence, they created a federal structure designed to protect freedom by dispersing and limiting federal power. They instituted federalism [*321] chiefly to protect individuals, that is, the people, not the “states qua states.” N11 The Framers sought to protect liberty by creating a central government of enumerated powers. They divided power between the state and federal governments, and they further divided power within the federal government by splitting it among the three branches of government, and they further divided the legislative power (the power that the Framers most feared) by splitting it between two Houses of Congress.

( ) ‘Federal Government’ means all three branches BLACK'S LAW DICTIONARY 90 (6th Edition, 1990, p.695, http://debate.uvm.edu/handbookfile/immigration/1topicality.html) In the United States, government consists of the executive, legislative, and judicial branches in addition to administrative agencies. In a broader sense, includes the federal government and all its agencies and bureaus, state and county governments, and city and township governments.

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Definitions – Should ( ) ‘Should’ means pretty much what you’d think it means in a debate context Cambridge Dictionary of American English, 07 (http://dictionary.cambridge.org/define.asp?key=should*1+0&dict=A) should (DUTY) auxiliary verb used to express that it is necessary, desirable, advisable, or important to perform the action of the following verb

( ) ‘Should’ indicates an obligation to act Compact Oxford English Dictionary, 07 (http://www.askoxford.com/concise_oed/should?view=uk) should: modal verb (3rd sing. should) 1 used to indicate obligation, duty, or correctness. 2 used to indicate what is probable. 3 formal expressing the conditional mood. 4 used in a clause with ‘that’ after a main clause describing feelings. 5 used in a clause with ‘that’ expressing purpose. 6 (in the first person) expressing a polite request or acceptance. 7 (in the first person) expressing a conjecture or hope.

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Definitions – Should – AT: Past Tense of Shall ( ) Go home – it’s the present conditional tense in the context of the rez WORDS & PHRASES, 53 [Vol 39, 1953, p. 311] “Should” is the imperfect of “shall”; it is the preterit of “shall” and is used as an auxiliary verb either in the past tense or conditional present. “Ought” is a synonym of “should,” and both words clearly imply obligation

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Definitions – Substantially ( ) Garden variety definition of ‘substantially’ American English Encyclopedia of Law 2k7 (pdf accessed June 21, 2k8) SUBSTANTIALLY. The term "substantially" means really; truly; essentially; competently; in a substantial manner; in substance. SUBSTANTIVE. " An accurate definition of the word ' substantive ' is ' depending upon itself.

( ) Substantially means materially American Heritage 2k [The American Heritage® Dictionary of the English Language: Fourth Edition, accessed 630-07, http://www.bartleby.com/61/27/S0852700.html Substantial ADJECTIVE:1. Of, relating to, or having substance; material. 2. True or real; not imaginary. 3. Solidly built; strong. 4. Ample; sustaining: a substantial breakfast. 5. Considerable in importance, value, degree, amount, or extent: won by a substantial margin. 6. Possessing wealth or property; well-to-do

( ) ‘Substantially’ should be defined in a way that makes sense in its context Devinsky, 02 (Paul, IP UPDATE, VOLUME 5, NO. 11, NOVEMBER 2002, “Is Claim "Substantially" Definite? Ask Person of Skill in the Art”, http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/c2c73bdb-9b1a-42bfa2b7-075812dc0e2d.cfm) In reversing a summary judgment of invalidity, the U.S. Court of Appeals for the Federal Circuit found that the district court, by failing to look beyond the intrinsic claim construction evidence to consider what a person of skill in the art would understand in a "technologic context," erroneously concluded the term "substantially" made a claim fatally indefinite. Verve, LLC v. Crane Cams, Inc., Case No. 01-1417 (Fed. Cir. November 14, 2002). The patent in suit related to an improved push rod for an internal combustion engine. The patent claims a hollow push rod whose overall diameter is larger at the middle than at the ends and has "substantially constant wall thickness" throughout the rod and rounded seats at the tips. The district court found that the expression "substantially constant wall thickness" was not supported in the specification and prosecution history by a sufficiently clear definition of "substantially" and was, therefore, indefinite. The district court recognized that the use of the term "substantially" may be definite in some cases but ruled that in this case it was indefinite because it was not further defined. The Federal Circuit reversed, concluding that the district court erred in requiring that the meaning of the term "substantially" in a particular "technologic context" be found solely in intrinsic evidence: "While reference to intrinsic evidence is primary in interpreting claims, the criterion is the meaning of words as they would be understood by persons in the field of the invention." Thus, the Federal Circuit instructed that "resolution of any ambiguity arising from the claims and specification may be aided by extrinsic evidence of usage and meaning of a term in the context of the invention." The Federal Circuit remanded the case to the district court with instruction that "[t]he question is not whether the word 'substantially' has a fixed meaning as applied to 'constant wall thickness,' but how the phrase would be understood by persons experienced in this field of mechanics, upon reading the patent documents."

( ) Substantially means without material qualification Black’s Law Dictionary 1991 [p. 1024, m7 06] Substantially - means essentially; without material qualification.

( ) Substantially means to a large degree Cambridge International Dictionary of English 2001 (http://dictionary.cambridge.org/default.asp?dict=A) Substantially - adverb - The new rules will substantially (=to a large degree) change how we do things

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Definitions – Increase ( ) Garden variety definitions of increase Wordnet 06 (wordnet.princeton.edu/perl/webwn accessed June 18, 2008) 1. addition: a quantity that is added; "there was an addition to property taxes this year"; "they recorded the cattle's gain in weight over a period ... 2. a change resulting in an increase; "the increase is scheduled for next month" 3. a process of becoming larger or longer or more numerous or more important; "the increase in unemployment"; "the growth of population" 4. become bigger or greater in amount; "The amount of work increased" 5. the amount by which something increases; "they proposed an increase of 15 percent in the fare" 6. the act of increasing something; "he gave me an increase in salary" 7. make bigger or more; "The boss finally increased her salary"; "The university increased the number of students it admitted"

( ) Increase is to accumulate Encarta 07 (encarta.msn.com/dictionary_/accretion.html accessed June 18, 2008) an increase in size as a result of accumulation or the growing together of separate things

( ) Increase means to augment Websters Dictionary. 1913 ("Increase." .) In*crease" (?), v. i. To become greater or more in size, quantity, number, degree, value, intensity, power, authority, reputation, wealth; to grow; to augment; to advance; -- opposed to decrease.

( ) Increase means to reproduce American Heritage 2k [The American Heritage® Dictionary of the English Language: Fourth Edition, accessed June 12, http://www.bartleby.com/61/21/I0092100.html] INTRANSITIVE VERB:1. To become greater or larger. 2. To multiply; reproduce. TRANSITIVE VERB: To make greater or larger

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Definitions – Alternative Energy Incentives – Big List ( ) Alternative energy incentives includes the following list of mechanisms Montana Environmental Quality Council 04 (“Hydrogen, Wind, Biodiesel, and Ethanol: Alternative Energy Sources to Fuel Montana’s Future?” EQC Study Report September 2004, page 8, Figure 2-1: Alternative Energy Incentive Policy Categories. Pdf accessed June 18, 2008) Figure 2-1. General Alternative Energy Incentive Policy Categories Tax Incentives: Production Tax Credits Investment Tax Credits Sales Tax Reductions Property Tax Reductions Accelerated Depreciation Direct Cash Incentives Production Incentives Investment Incentives (Grants) Low-Cost Capital Programs Government-Subsidized Loans Project Loan Guarantees Project Aggregation Distributed Resource Policies Standard Contracts for Small Distributed Projects Net Metering Line Extension Policies Customer Choice Opportunities Utility-Supplied Renewable Energy Pricing Options Alternative Energy Marketing from Retail Electricity Sellers Aggregated Consumer Purchases Fuel Source Disclosure Requirement and Certification General Environmental Regulations Externality Valuation in Resource Planning Externality Valuation in Environmental Dispatch Emission Taxes Emission Caps/Marketable Permits Other Policies Government Purchases Site Prospecting, Review, and Permitting Renewable Portfolio Standard Auctioned Contracts Performance-Based Rate-Making

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Definitions – Alternative Energy Excludes Fossil Fuels ( ) Alternative energy excludes fossil fuels Intergovernmental Panel on Climate Change, 2001, “Glossary,” online: http://www.grida.no/climate/ipcc_tar/wg3/454.htm, accessed July 13, 2008 Alternative energy Energy derived from non-fossil fuel sources.

( ) The EPA defines alternative energy as excluding fossil fuels Environmental Protection Agency, January 11, 2008, “Glossary of Climate Change Terms,” online: http://www.epa.gov/climatechange/glossary.html#5, accessed July 13, 2008 Alternative Energy Energy derived from nontraditional sources (e.g., compressed natural gas, solar, hydroelectric, wind).

( ) Alternative energy excludes fossil fuels Natural Resources Defense Council, Non-Profit environmental protection organization, no date, online: http://www.nrdc.org/reference/glossary/a.asp, accessed July 13, 2008 alternative energy - energy that is not popularly used and is usually environmentally sound, such as solar or wind energy (as opposed to fossil fuels).

( ) Alternative energy excludes coal, oil, and natural gas Information Architects, June 18, 2008, “Green Glossary,” online: http://www.iagreen.com/glossary.htm, accessed July 13, 2008 Alternative Energy: Energy from a source other than the conventional fossil-fuel sources of oil, natural gas and coal (i.e., wind, running water, the sun). Also referred to as "alternative fuel."

( ) Alternative energy excludes fossil fuels Random House Unabridged, 06 (Dictionary.com Unabridged (v 1.1)Based on the Random House Unabridged Dictionary, © Random House, Inc. 2006) alternative energy –noun . energy, as solar, wind, or nuclear energy, that can replace or supplement traditional fossil-fuel sources, as coal, oil, and natural gas

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Definitions – Alternative Energy Excludes Fossil Fuels/Nuclear ( ) Alternative energy excludes fossil fuels and nuclear power U.S. Code, Title 26, Subtitle F, Chapter 79, Section 7701, January 2, 2006, online: http://www.law.cornell.edu/uscode/26/usc_sec_26_00007701----000-.html, accessed July 13, 2008 (D) Alternative energy facility For purposes of subparagraph (A), the term “alternative energy facility” means a facility for producing electrical or thermal energy if the primary energy source for the facility is not oil, natural gas, coal, or nuclear power.

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Definitions – Alternative Energy Includes Nuclear ( ) Alternative energy includes nuclear power Hans De Keulenaer, Electricity & Energy programme manager at the European Copper Institute, April 21, 2006, online: http://www.sealnet.org/seal/taxonomy/term/2, accessed July 3, 2008 Carbon fuels take the center stage in the book, with 3 of the 6 chapters devoted to coal, oil and gas. Alternative energy, defined as renewable & nuclear energy, but excluding non-commercial biomass, is occasionally mentioned. Alternative energy will start its rise in the 2nd half of the 21st century, supplying 30% of the cumulative energy needs during the century, and ending it with a 43% market share. Gas will be the fuel of the 21st century, coal will decline in relative terms, and oil is expected to peak before the middle of the century.

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Definitions – Alternative Energy Excludes Coal/Liquid Coal ( ) Coal, including liquefied coal, is not alternative energy Anchorage Daily News, July 10, 2008, “$21 billion Alaska energy plan proposed,” online: http://www.adn.com/front/story/460599.html, accessed July 13, 2008 State lawmakers here for a special session on the natural gas pipeline are quietly considering another blockbuster energy idea -- plowing nearly $21 billion into "renewable" and "alternative" energy projects. But some legislators say a dirty word, coal, appears all through the proposed legislation that's making the rounds in the Capitol. The bill, which has not yet been introduced and is labeled "work draft," has language saying the intent is for lawmakers to contribute $20.75 billion to a renewable and alternative energy grant fund over the next five years. The money, presumably, would come from the state's huge oil revenue surpluses, assuming they continue. The draft legislation says energy projects such as a plant that "produces ultraclean fuels from coal" would be eligible for funding. The main backers of the coal provision are local officials from the Fairbanks area, where skyrocketing energy prices have people alarmed, said House Speaker John Harris, R-Valdez. Harris said his office worked on the draft legislation with Fairbanks North Star Borough Mayor Jim Whitaker and others. He couldn't say for sure, but Harris expects the draft bill to be formally introduced at some point during the 30-day special session that began Wednesday. But some lawmakers criticized the legislation, saying that most people understand renewable and alternative energy to include wind, solar, geothermal, hydroelectric, tidal or biomass projects -- not coal. "Coal is not renewable energy and by any fair definition it's not really alternative energy," said Rep. Les Gara, an Anchorage Democrat.

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Definitions – Alternative Energy Excludes Oil Shale/Liquid Coal ( ) Alternative energy is distinct from oil shale or liquid coal Lawrence Kudlow, Chief Economist, Prudential Annuities, May 27, 2008, “Coal Cap-Disaster,” online: http://www.annuities.prudential.com/media/managed/documents/ams_investor/comm052708.pdf?siteID=25, accessed July 13, 2008 And why not allow the current $130-a-barrel oil price to open the door to a full portfolio of energy resources, including offshore drilling, Alaska, nuclear power, oil shale, conversion of coal and natural gas to liquid fuel, and the development of so-called alternative-energy sources such as solar, wind, and various cellulosic investments (although this latter group may never contribute more than 10 percent to our energy needs)? A true free-market approach wouldn’t pick winners and losers with heavy subsidies or penalties.

( ) Alternative energy excludes fossil fuels Alternative Renewable Energy Online 2k8 (“Introduction”, http://alternativerenewableenergyonline.com/ Alternative Energy accessed June 21 2k8) Alternative energy generally refers to energies that are derived from non-fossil fuel sources, while renewable energies refer to those sources that are naturally replenishing such as biomass, hydro, solar, wind, geothermal and ocean thermal. These sources are basically unlimited in quantity; however, they cannot produce the amount of energy needed in a given time. Renewable energy also refers to energies that are clean, meaning they have very little effect on the environment, i.e non-pollutant and non-hazardous. It is therefore safe to say that not all alternative energies are renewable energies, based on the definitions provided. One common example is nuclear energy, which is alternative but not renewable.

( ) The U.S. government defines alternative energy as excluding fossil fuels Traum 2k8 (Matthew J. Traum is an assistant professor in the Department of Mechanical and Energy Engineering at UNT, “Definitions for Energy Tech Terms: Alternative, Renewable, Sustainable, and Green”, Design News Monday January 21, http://www.designnews.com/blog/460000246/post/600020460.html?nid=3273 accessed June 21, 2k8) According to the US Department of the Interior, “alternative energies are sources that are other than those derived from fossil fuels. Examples include: wind, solar, biomass, wave, and tidal energy.” The US Department of the Interior also has a definition for renewable energy: “energy resources that are naturally replenishing but flow-limited. They are virtually inexhaustible in duration but limited in the amount of energy that is available per unit of time. Renewable energy resources include: biomass, hydro, geothermal, solar, wind, ocean thermal, wave action, and tidal action.”

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Definitions – Alternative Energy Distinct from Alternate Fuels ( ) Alternative energy is distinct from alternative fuels Simon 07 (Christopher A., Alternative energy: political, economic, and social”, Rowman and Littlefield Publishing, copyright 2k7, page 42) The federal definition of alternative fuel is found in Title 42, chapter 77 section 6374 of the U.S. Code: The term “alternative fuel” means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more (or other such percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuel; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the Secretary determines, by rule, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits.

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Definitions – Alternative Energy Includes Certain Fossil Fuels ( ) Alternative energy includes limited roles for fossil fuels Whitehouse.gov 01 (National Energy Policy Development Group. “Nature’s Power: Increasing America’s Use of Renewable and Alternative Energy”. Chapter 6 pg. 3, pdf accessed June 22, 2k8) Alternative energy includes: alternative fuels that are transportation fuels other than gasoline and diesel, even when the type of energy, such as natural gas, is traditional; the use of traditional energy sources, such as natural gas, in untraditional ways, such as for distributed energy at the point of use through microturbines or fuel cells; and future energy sources, such as hydrogen and fusion.

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Definitions – Incentives Are Solely Positive ( ) Incentives are positive – DIS-incentives are negative A.W. Smith, Fellow of the Population Reference Bureau, Summer 1985, “Beyond Family Planning,” Human Survival, Vol. 11, No. 2, online: http://www.popline.org/docs/034358, accessed July 6, 2008 Abstract: Incentive systems to reduce desired family size must be added to development and family planning efforts. It is no longer possible to rely on either hoped for development or planned parenthood without more. The answer is planned parenthood for subreplacement families induced by incentive systems, and development targeted at family size reduction. This runs against the grain of most conventional thinking about voluntary parenthood, but that thinking must change. The customary distinction between incentives and disincentives is useful. An incentive is a benefit given to a family which keeps its family small. A disincentive is a penalty imposed on parents with large families. Hernandez argues for incentives and against disincentives on the grounds that disincentives limit freedom. Yet, freedom is never unlimited, and in respect to population matters, human welfare is more gravely undercut by congestion than by limits on the size of families induced by disincentives. This is a bad day for the family planning movement. Agencies and organizations which have carried the burden for so long are under assault by the present American Administration. Funds for the International Planned Parenthood Federation and the UN Fund for Population Activities have been heavily cut on the grounds that programs or countries availing themselves of their support in some measure permit or support abortion. The result will be the diminished use of contraceptives, more unwanted pregnancies, and more abortion, in fact, more infanticide. It is necessary to face the truth, i.e., family planning has not been sufficiently successful as a program for the reduction of fertility. Whether one thinks that disincentives, imposing minor burdens in comparison with the greater good, also should be employed may depend on one's appraisal of the seriousness of the situation. All the noncoercive approaches, e.g., social counterpressures against the traditional large family and cash payments to acceptors, will have to be employed. The necessary acceleration means socioeconomic incentives and disincentives, both individual and community. It means expanded development aid focused on programs useful for population stabilization, e.g., education, local food production, and the employment of women outside the home. It means total fertility rates of 2 or less by the year 2000. Governments throughout the world should be establishing official policies and programs for the stabilization and reduction of population. The programs must include schedules for implementation and should be supported by realistic budgets.

Incentives are always positive – deterring bad behavior is the opposite WordNet 06 (‘Incentive’. WordNet - WordNet® 3.0, © 2006 by Princeton University. Dictionary.com accessed June 18, 2008) incentive- noun 1. a positive motivational influence [ant: deterrence]

( ) In economic contexts, incentives are defined by a possible reward – this is distinct from regulations involving penalties for non-compliance The Helsinki Commission (Baltic Marine Environment Protection Commission), November 15, 2007, “INTRODUCING ECONOMIC INCENTIVES AS A COMPLEMENT TO EXISTING REGULATIONS TO REDUCE EMISSIONS FROM SHIPS,” online: http://www.helcom.fi/Recommendations/en_GB/rec28E_13/, accessed July 3, 2008 Economic incentives defined broadly are instruments that use financial means to motivate actors to reduce health and environmental risks posed by their facilities, processes, or products. These incentives provide monetary rewards for those polluting less and impose costs of various types for those polluting more, thus supplying the necessary motivation of change to polluters. This approach provides an opportunity to address sources of pollution at an overall cost that is lower than traditional forms of regulation as well as providing a reason for polluters to improve in addition to existing regulatory requirements.

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Definitions – Incentives Are Solely Positive ( ) Incentives are defined as positive inducements to make particular actions more attractive Ruth W. Grant, Professor of Political Science at Duke University, 2002, “The Ethics Of Incentives: Historical Origins And Contemporary Understandings,” Economics and Philosophy, Vol. 18, p. 111 Increasingly in the modern world, incentives are becoming the tool we reach for when we wish to bring about change. In government, in education, in health care, between and within institutions of all sorts, incentives are offered to steer people's choices in certain directions. But despite the increasing interest in ethics and economics, the ethics of the use of incentives has raised very little concern. From a certain point of view, this is not surprising. When incentives are viewed from the perspective of market economics, they appear to be entirely unproblematic. An incentive is an offer of something of value, sometimes with a cash equivalent and sometimes not, meant to influence the payoff structure of a utility calculation so as to alter a person's course of action. In other words, the person offering the incentive means to make one choice more attractive to the person responding to the incentive than any other alternative. Both parties stand to gain from the resulting choice. In effect, it is a form of trade, and as such, it meets certain ethical requirements by definition. A trade involves voluntary action by all parties concerned to bring about a result that is beneficial to all parties concerned. If these conditions were not met, the trade would simply not occur. And as inducements in a voluntary transaction, incentives certainly have the moral high ground over coercion as an alternative.

( ) Incentives are defined as concessions to the recipient that confer a financial benefit Bryan P. Schwartz, Asper Professor of International Business and Trade Law, University of Manitoba, and Krista Boryskavich, Associate at Aikins, MacAulay & Thorvaldson, LLP, 2003, Asper Review of International Business and Trade Law, 3 Asper Rev. Int'l Bus. & Trade L. 103 The term "incentive" is defined in Annex 608.3, the Code of Conduct on Incentives, n15 as: (a) a contribution with a financial value that confers a benefit on the recipient, including cash grants, loans, debt guarantees or an equity injection, made on preferential terms; (b) a reduction in taxes or government levies otherwise payable aimed at a specific enterprise, whether organized as one legal entity or as a group of legal entities, but does not include a reduction resulting from a provision of general application of a tax law of a Party; or (c) any form of income or price support that results directly or indirectly in a draw on the public purse.

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Definitions – Incentives Exclude Mandates ( ) Economic incentives exclude policies that mandate a specific pollution reduction or level of required alternative energy Albert N. Stavins, Professor of Business and Government at Harvard and Director of the Harvard Environmental Economics Program, 1997, “Economic Incentives for Environmental Regulation,” online: http://belfercenter.ksg.harvard.edu/publication/2810/economic_incentives_for_environmental_regulation.html?bread crumb=%2Ftopic%2F47%2Fenvironmental_economics%3Fpage%3D67, accessed July 14, 2008 Economic-incentive instruments are regulations that encourage behavior through price signals rather than through explicit instructions on pollution control levels or methods. These policy instruments, such as tradable permits and pollution charges, have been described as "harnessing market forces," because if they are properly implemented, they encourae firms to undertake pollution control efforts that are in their financial self-interest and that will collectively meet policy goals.

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Definitions – Incentives Include Command and Control Forcing Alternate Energy Use ( ) Command and control regulations are only topical if the plan specifies a requirement for alternate energy use – otherwise, the plan provides incentives for a literally endless amount of ways that people could comply with the regulations David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 Polluters have substantial economic incentives to use the flexibility that performance standards offer to employ innovative means of meeting emission limitations that are less costly than traditional compliance methods. Such use of innovations saves polluters money. This incentive exists even for technology-based performance standards that did not contemplate the innovative compliance mechanism a polluter discovers. Professor Stewart has stated that polluters have "strong incentives to adopt the particular technology underlying" a technology-based performance standard because "its use will readily persuade regulators of compliance." n63 It seems unlikely that this countervailing persuasiveness incentive would overcome the economic incentive to realize savings through an effective and cheaper innovation, even if the persuasiveness incentive were powerful. Moreover, polluters have a number of means of persuading regulators that their innovations perform adequately if they in fact do so. First, polluters may monitor their pollution directly to demonstrate compliance. Second, in some cases polluters may eliminate regulated chemicals, which certainly demonstrates compliance. n64

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Definitions – Incentives Exclude Regulations and Trading ( ) Incentives excludes regulations and emissions trading David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 The emissions trading example reveals that the term "economic incentive" has very little meaning if defined to include everything that relies on some kind of monetary penalty or benefit. Indeed, to the extent the term "economic incentive" should not apply to traditional regulation, it also should not apply to emissions trading. Both types of programs rely on monetary penalties to induce compliance with government set limits. Neither creates incentives for sources to continuously realize net reductions substantially surpassing the specifically mandated reductions. The emissions trading example shows that one must carefully analyze programs to see which free market-like advantages they might offer. While emissions trading may have the capacity to use private sector compliance resources efficiently, it may use government resources for program design and enforcement inefficiently. Emissions trading may provide no more incentive for continual improvement or innovation than traditional regulation. Emissions trading does not stimulate competition to maximize environmental performance. It simply authorizes some trading around of obligations the government has created. A theory of economic incentives aimed at continuous environmental improvement and innovation needs more specificity than the command and control/economic incentive dichotomy offers. The theory might aim to approximate more carefully the dynamics that stimulate innovation in a free market.

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Definitions – Incentives Can Be Positive or Negative ( ) Incentives can be positive or negative David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 III. Defining Economic Incentives and Understanding Emissions Trading A. A Broad Preliminary Definition of Economic Incentives Many scholars advocate increased reliance upon economic incentives to achieve environmental goals. But what precisely is an economic incentive? [*323] What distinguishes reliance upon economic incentives from reliance upon traditional regulation to meet environmental goals? An economic incentive program can be defined as any program that provides an economic benefit for pollution reductions or an economic penalty for pollution. Defining economic incentives to include both positive and negative incentives includes pollution taxes in the definition. n155 Does command and control regulation qualify as an economic incentive program under this definition? Imagine a pure command and control law. The law commands polluters to perform specific pollution reducing acts, but provides no penalties for non-compliance. This law would probably motivate little or no pollution reduction, because polluters could violate the commands without consequence. n156 Command and control regulation only works when an enforcement mechanism exists. n157 Traditional regulation relies upon a negative economic incentive a monetary penalty for non-compliance as the principle inducement to comply with regulatory requirements, true command and control requirements, such as work practice standards, and the more common performance standards. n158 Indeed, a traditional regulation's success depends heavily upon the adequacy of these monetary penalties. n159

( ) More evidence Convention on Biological Diversity, June 1, 2007, “Negative Incentive Measures,” online: http://www.cbd.int/incentives/negative.shtml, accessed July 3, 2008 Negative incentive measures or disincentives are mechanisms designed to discourage activities that are harmful for biodiversity. Examples of disincentives are user fees or pollution taxes. The guidelines for selecting appropriate and complementary measures, contained in the Proposals for the Design and Implementation of Incentive Measures endorsed by the sixth meeting of the Conference of the Parties, underline that disincentives continue to be an important tool for ensuring the conservation and sustainable use of biodiversity, and that they can be used in combination with positive incentives.

( ) Incentives can be either positive or negative Frederic L. Pryor, Professor of Economics at Swarthmore College, July 1984, “Incentives in manufacturing: the carrot and the stick,” Monthly Labor Review, online: http://www.bls.gov/opub/mlr/1984/07/rpt3full.pdf, accessed July 3, 2008 The study focuses on both positive and negative incentives, that is, the carrot and the stick. Positive incentive plans tie the compensation of the individual workers directly with the work that is done and are of two basic types: Individual incentives include piecework or various types of bonuses for exceeding norms; Group incentives tie the bonus to the performance of the group as a whole, for example, profit-sharing plans, stock ownership plans, bonuses based on aggregative indicators such as production or productivity . Negative incentives are threats or actual use of punishment, including financial penalties . These include the hiring of additional supervisors to monitor the performance of workers or firing workers for poor performance . Although some borderline cases can be cited for which it is difficult to determine whether a particular incentive is positive or negative, in most cases the distinction should be relatively clear.

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Definitions – Incentives Can Be Positive or Negative ( ) Any incentive has positive and negative aspects – it’s impossible for an incentive to be solely positive or negative William Zartman, Professor in the Paul H. Nitze School of Advanced International Studies at Johns Hopkins University, 2001, “Negotiating Internal Conflict: Incentives and Intractability,” International Negotiation, Vol. 6, p. 297 The concept of incentives provides an important lever for opening the door to solutions. Many types of analysis begin with the simple observation that parties do not change their behavior unless presented with a preferable alternative. There are two sides to the equation. On one hand, pain, cost, fatigue, and boredom can lower the perceived benefits from present conflict behavior, making alternative courses of action potentially more attractive in comparison. On the other hand, new incentives for new behaviors can make the present course of action pale in comparison. It can be hypothesized that under the first situation a lower level of incentives would be required to alter behavior than under the second. Thus, disincentives and incentives are distinct but inextricably linked, two sides of the same coin, separate but not separated.

( ) Positive or negative American Heritage Dictionary 06 (‘Incentive’. The American Heritage® Dictionary of the English Language, Fourth Edition, Copyright © 2006 by Houghton Mifflin Company. Dictionary.com accessed June 18, 2008) Incentive: n. Something, such as the fear of punishment or the expectation of reward, that induces action or motivates effort. adj. Serving to induce or motivate: an incentive bonus for high productivity.

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Definitions – Incentives Include Pollution Taxes ( ) Pollution taxes are incentives David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 This Part discusses economic incentive programs that use economic incentives to overcome traditional regulation's weak stimulation of innovation and continuous improvement. It discusses the classic economic incentive of a pollution tax. n224 While this incentive does create an incentive for continuous improvement, unlike emissions trading, it still relies largely on government decision making, which may weaken the incentive's ability to stimulate innovation. This Part also discusses the creation of more dynamic economic incentives that rely upon private initiative, rather than government decision making, to drive innovation.

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Definitions – Pollution Taxes are Incentives, Not for Alt. Energy ( ) Pollution taxes are incentives to just reduce pollution, not to adopt alternative energy David M. Driesen, Assistant Professor of Law, Syracuse University College of Law, Spring 1998, Washington and Lee Law Review, 55 Wash & Lee L. Rev. 289 The government may tax pollution n225 to create an economic incentive to reduce pollution. n226 In order for a tax to encourage innovation and superior [*340] environmental performance, it must have several characteristics. n227 First, the tax must apply to activities of firms that already comply with all applicable emission limitations, or that have no applicable limitations. Second, the tax must exceed the marginal costs of making additional reductions. n228 A tax that lacks these features creates insufficient incentives to reduce emissions below current levels.

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Definitions – In ( ) Lots of definitions of in Random House Unabridged Dictionary, 06 (www.Dictionary.com Unabridged (v 1.1)Based on the Random House Unabridged Dictionary, © Random House, Inc. 2006, accessed June 21) In: preposition, adverb, adjective, noun, verb, inned, inqning. –preposition 1. used to indicate inclusion within space, a place, or limits 2. used to indicate inclusion within something abstract or immaterial 3. used to indicate inclusion within or occurrence during a period or limit of time 4. used to indicate limitation or qualification, as of situation, condition, relation, manner, action, etc. 5. used to indicate means 6. used to indicate motion or direction from outside to a point within 7. used to indicate transition from one state to another 8. used to indicate object or purpose 9. in or into some place, position, state, relation, etc 10. on the inside; within 11. in possession or occupancy 12. on good terms; in favor 13. located or situated within; inner; internal: the in part of a mechanism

( ) In means within the bounds of American Heritage 06 (The American Heritage® Dictionary of the English Language, Fourth Edition. 2006, www.dictionary.com accessed June 21) prep: Within the limits, bounds, or area of: From the outside to a point within; into: Having the activity, occupation, or function of: a life in politics; During the act or process of: With the arrangement or order of:

( ) In means limited by Webster 98 (Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc, www.dictionary.com accessed June 18, 2008) In-, Inn.] The specific signification of in is situation or place with respect to surrounding, environment, encompassment, etc. It is used with verbs signifying being, resting, or moving within limits, or within circumstances or conditions of any kind conceived of as limiting, confining, or investing, either wholly or in part. In its different applications, it approaches some of the meanings of, and sometimes is interchangeable with, within, into, on, at, of, and among. It is used: 1. With reference to space or place; 2. With reference to circumstances or conditions; 3. With reference to a whole which includes or comprises the part spoken of; 4. With reference to physical surrounding, personal states, etc., abstractly denoted; 5. With reference to character, reach, scope, or influence considered as establishing a limitation; as, to be in one's favor. 6. With reference to movement or tendency toward a certain limit or environment; -- sometimes equivalent to into; 7. With reference to a limit of time; as, in an hour; it happened in the last century; in all my life