Topicality - Scholars

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Gonzaga Debate Institute 2008 1Scholars Topicality

Topicality Alternative Energy

Resolved: The United States federal government should substantially increase alternative energy incentives in theUnited States.

Violations

Topicality Alternative Energy......................................................................................................................................1***Violations..................................................................................................................................................................2Topicality Substantially is 20% of Energy by Alternate Sources ...............................................................................3Topicality Substantially is Without Material Quals 1NC .........................................................................................4Topicality Increase Requires Pre-Existing Incentives 1NC .....................................................................................5Increase Requires Pre-Existing 2NC AT: Overlimits...................................................................................................6Topicality Alternative Energy is Singular 1NC.........................................................................................................7Topicality Alternative Energy Excludes Fossil Fuels 1NC ......................................................................................8Topicality Alternative Energy Excludes Nuclear 1NC ............................................................................................9Topicality Incentives Are Solely Positive 1NC ......................................................................................................10Incentives are Solely Positive 2NC Limits ...............................................................................................................11Topicality Incentives Require Positive and Negative 1NC.....................................................................................12

Topicality Incentives Exclude Mandated Reductions 1NC ...................................................................................13Topicality Incentives Must Be Plural 1NC ............................................................................................................14Topicality Effects Direct vs. Indirect Incentives 1NC ...........................................................................................15***Emissions Trading...................................................................................................................................................16Emissions Trading is Not Incentives Command and Control....................................................................................17Emissions Trading is Incentives General ..................................................................................................................18Emissions Trading is Incentives Positive...................................................................................................................19Emissions Trading Is Incentives Predictability..........................................................................................................20***Definitions...............................................................................................................................................................21Definitions Resolved .................................................................................................................................................22Definitions The ..........................................................................................................................................................23Definitions United States...........................................................................................................................................24Definitions Federal Government................................................................................................................................25

Definitions Should.....................................................................................................................................................26Definitions Should AT: Past Tense of Shall............................................................................................................27Definitions Substantially............................................................................................................................................28Definitions Increase ..................................................................................................................................................29Definitions Alternative Energy Incentives Big List ...............................................................................................30Definitions Alternative Energy Excludes Fossil Fuels...............................................................................................31Definitions Alternative Energy Excludes Fossil Fuels/Nuclear.................................................................................32Definitions Alternative Energy Includes Nuclear .....................................................................................................33Definitions Alternative Energy Excludes Coal/Liquid Coal......................................................................................34Definitions Alternative Energy Excludes Oil Shale/Liquid Coal..............................................................................35Definitions Alternative Energy Distinct from Alternate Fuels...................................................................................36Definitions Alternative Energy Includes Certain Fossil Fuels...................................................................................37Definitions Incentives Are Solely Positive ...............................................................................................................38Definitions Incentives Are Solely Positive ...............................................................................................................39Definitions Incentives Exclude Mandates .................................................................................................................40Definitions Incentives Include Command and Control Forcing Alternate Energy Use.............................................41Definitions Incentives Exclude Regulations and Trading .........................................................................................42Definitions Incentives Can Be Positive or Negative .................................................................................................43Definitions Incentives Can Be Positive or Negative..................................................................................................44Definitions Incentives Include Pollution Taxes ........................................................................................................45Definitions Pollution Taxes are Incentives, Not for Alt. Energy...............................................................................46Definitions In ............................................................................................................................................................47


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Topicality Substantially is 20% of Energy by Alternate Sources

A. Our interpretation a substantial increase in alternate energy incentives meansproviding enough incentives to generate 20% of overall energy from alternative sourcesMartin 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 parksalong 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 energyfrom 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 2017appears to be realistic .CO2 Reduction ScenarioGiven the present establishment of a comprehensive energy reduction strategy in Europe already, asignificant turn-around of the present situation in a magnitude comparable to the one described abovefor the US, is limited by technological innovation and - build-up capacity restrictions .

B. The violation the plan doesnt mandate an increase in incentives sufficient to provide20% of overall energy from alternative sources.

C. Prefer our interp

1) Limits look, we realize that substantially is virtually impossible to define perfectlyobjectively but it has to mean SOMETHING in order to provide a meaningful check on theendless number of tiny alternative energy incentives the aff could offer our interpguarantees broad, nation-wide affs that affect the entire energy sector. This provides plentyof 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 theaff affecting a broad cross-section of energy use they can dodge all our stock generics withthe wind farm incentives to Vermont aff.

D. Vote negTopicality is a voting issue because its a jurisdictional side-constraint, to preserveeducation and fairness and because we shouldnt have to waste time strategizing againstnon-topical affirmatives.


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Topicality Substantially is Without Material Quals 1NC

A. Our interpretation substantially means without material qualifications

Definitional support:

Substantially means without material qualificationBlacks Law Dictionary 1991[p. 1024, m7 06]

Substantially - means essentially; without material qualification

Increase is to make greaterAmerican 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 technologiesUS Dept. of Interior 07(The Interior Department Releases Alternative Energy Environmental Impact Statement and Announces OffshoreAlternative 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 generationof hydrogen .

Incentives are everything that induces actionAmerican Heritage Dictionary 06(Incentive. The American Heritage Dictionary of the English Language, Fourth Edition, Copyright 2006 byHoughton Mifflin Company. Dictionary.com accessed June 18, 2008)

Incentive: n. Something , such as the fear of punishment or the expectation of reward, that induces actionor motivates effort

B. The Violation: the aff materially qualifies their alternative energy incentive byspecifically increasing _________

C. Prefer our interpretation:

1) Grammar: Substantially increase modifies alternative energy incentives, meaning theycant 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 guaranteedground by allowing potentially infinite description in their plan text. The aff gets all theadvantage ground they want but must guarantee our generic links to alternative energyincentives

3) Jurisdiction: They only defend one section of alternative energy/only one kind of incentive, not proving the resolution true. Vote neg on presumption.



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Topicality Increase Requires Pre-Existing Incentives 1NC

A. Our interpretation increasing alternative energy incentives refers only to pre-existingincentivesAmerican 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 theres 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 debatesover programs that actually exist and towards pie-in-the-sky proposals with no in-depthliterature. This ensures we dont learn about the issues at the heart of the topic.



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Increase Requires Pre-Existing 2NC AT: Overlimits

( ) There are plenty of good affs under our interpretationHaynes 03(Rusty, Policy Analyst, N Carolina Solar Center, N Carolina State Univ. An Overview of US State-Level Incentivesand 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-levelincentives in that (1) state incentives are generally continuous, whereas federal incentives traditionally haveconsisted 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 fuelcells 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 industrys research anddevelopment efforts.


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Gonzaga Debate Institute 2008 7 Scholars Topicality

Topicality Alternative Energy is Singular 1NC

A. Our interpretation the phrase alternative energy in the resolution is singular thismeans it refers to one energy sourceExtension.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 fossilfuels. 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


1) Limits allowing combinations of different energy types drastically inflates the numberof affirmatives, allowing the aff to come up with any combination of energies that we cantpredict.

2) Neg ground combining several alternative energies over-inflates affirmative advantageground they can access broad shifts in overall energy policy like Renewable PortfolioStandards and they dodge all our arguments about the reasons single energy technologiescant solve or arent economically viable.



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Topicality Alternative Energy Excludes Fossil Fuels 1NC

A. Our interpretation alternative energy excludes any energy involving coal, oil, ornatural gasInformation 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, naturalgas 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 fossilfuels


1) Neg ground they make the topic bi-directional if the aff can INCREASE our relianceon 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 NEWapproaches to energy that transition away from fossil fuels. They undermine the primaryeducational benefit from this unique topic.



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Topicality Alternative Energy Excludes Nuclear 1NC

A. Our interpretation alternative energy excludes nuclear energyU.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 producingelectrical or thermal energy if the primary energy source for the facility is not oil, natural gas, coal, ornuclear power .

B. The violation the plan incentivizes nuclear energy


1) Negative ground they avoid all our arguments about the transition to new energysources every disad is non-unique because nuclear power is widespread now.

2) Limits every justification for including nuclear power is also a justification for aninfinite number of tiny refinements to the way we process fossil fuels their interpretationcant function without legitimizing an infinite number of affs.



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Topicality Incentives Are Solely Positive 1NC

A. Our interpretation incentives are solely positive. Any policy involving penalties fornon-compliance is NOT an incentiveOra Fred Harris , Jr., Professor of Law, University of Illinois College of Law, July 1989 , ARTICLE: THEAUTOMOBILE EMISSIONS CONTROL INSPECTION AND MAINTENANCE PROGRAM: MAKING ITMORE 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 doingsomething 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 itappears that Congress, some courts and a few commentators have taken a broader view of incentives andhave 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 tocompliance. To be sure, these latter items may induce compliance but surely not because of theextension of a "carrot." Instead, they epitomize the "stick" or "disincentive" approach to behavioralmodification.

B. The violation the plan includes (command and control regulations/penalties for non-compliance/disincentives)


1) Limits allowing disincentives doubles the size of the topic and introduces an entire setof new mechanisms. Limiting the aff to solely positive incentives guarantees mechanismpredictability, 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 ouroffense to incentives. We need an entire new set of arguments to respond to disincentiveaffs. AND, command-and-control should be negative ground.



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Incentives are Solely Positive 2NC Limits

( ) Incentives should be limited to solely positive instruments even their authors concedethat their interpretation drastically underlimitsE nvironmental P rotection Agency, January 2001 , The United States Experience with Economic Incentives for Pollution Control, online:http://yosemite.epa.gov/ee/epalib/incent2.nsf/821321c2b2c0d5bd8525677500697227/94215e550c6e120385256ab200704312!OpenDocument, accessed July 14, 2008

For the purposes of this report , economic incentives are defined broadly as instruments that usefinancial 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 motivationto polluters. This approach provides an opportunity to address sources of pollution that are not easilycontrolled with traditional forms of regulation as well as providing a reason for polluters to improve uponexisting regulatory requirements. Under traditional regulatory approaches, polluters have little or noincentive to cut emissions further or to make their products less harmful once they have satisfied theregulatory requirements.The definition of economic incentives used here is quite broad. As such, a great many instruments andprograms 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.


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Topicality Incentives Require Positive and Negative 1NC

A. Our interpretation incentives include both positive rewards and negative costs theplan must contain bothJoseph 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 July13, 2008

In general, economic incentives are defined broadly as instruments that use financial means to motivatepolluters 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 pollutionthat are not easily controlled with traditional forms of regulation and a reason for polluters to improve uponexisting regulatory requirements. Under traditional regulatory approaches, polluters have little or noincentive to cut emissions further or to make their products less harmful once they have satisfied theregulatory requirements . Even though there are overlaps with market based regulatory mechanisms andinstitutional innovations, there are economic incentives such as pollution charges and taxes, input or outputtaxes, and various types of subsidies that may not fall within the realm of market based regulatorymechanisms. Economic incentives and constraints help internalize the external costs of socioeconomicactivities.

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 apositive incentive with command-and-control allowing the aff to choose ONLY positive oronly negative incentives exponentially increases the number of cases.

2) Negative ground requiring positive and negative incentives is the most predictable forthe neg, enabling us to focus our research on one part and PIC out of the other. Purelymarket approaches and purely command-and-control regs should both be neg ground.

http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=475575http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=475575http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=475575


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Topicality Incentives Exclude Mandated Reductions 1NC

A. Our interpretation the term incentives excludes regulations that make specificrequirements for reductions of fossil fuels or use of alternative energyDavid M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand Lee Law Review, 55 Wash & Lee L. Rev. 289

True economic incentive programs offer some advantages over traditional regulation, if they meet therequisites described above. They provide continuous incentives to reduce pollution, often throughinnovative 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 withthe cheapest reduction alternatives will probably reduce pollution the most in response to economicincentives. n265 True economic incentives also provide the possibility of achieving a lot with fewer difficultadministrative decisions mandating emission reductions.But one must move beyond even taxes to develop systems that do not depend, to a significant degree, upondifficult governmental decisions. Indeed, if we want to maximize free market-like innovation, we may wishto 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 controlof pollution levels as traditional environmental regulation and emissions trading. True economicincentive programs obtain the level of pollution reduction that private actors choose to offer inresponse to the incentive. While government can exercise some control over the intensity of theincentive especially in the tax context one does not know a priori exactly what the incentive willproduce .

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


1) Limits there are an infinite number of regulations both limiting fossil fuel use andmandating alternative energy use they explode the topic to include nearly any energypolicy making negative preparation impossible.

2) Ground they make the topic bi-directional. We need an entire new set of arguments toanswer regulations affirmatives they turn any disad to incentives. And, they radicallyinflate aff ground because they fiat solvency by mandating the transition to alternateenergy.

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***Emissions Trading


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Emissions Trading is Not Incentives Command and Control

( ) Emissions trading is a command-and-control regulation, which is distinct from anincentive any definition of incentives that includes trading is hopelessly vague andunlimited

David M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand Lee Law Review, 55 Wash & Lee L. Rev. 289Is 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 reductionelsewhere. n2 Most scholars , government officials, and practitioners equate emissions trading witheconomic incentives, but they do not define "economic incentives."This failure to define economic incentives leaves unsupported the suggestion that emissions tradingrealizes environmental goals through economic incentives , but that traditional regulations (rules that limitdischarges of pollutants into the environment without allowing trading) do not. Both traditional regulationand emissions trading rely upon the threat of a monetary penalty to secure compliance with governmentcommands setting emission limitations. n3 Perhaps neither traditional regulation nor emissions tradingshould be considered economic incentive programs, because both rely upon government commands . n4Or perhaps both should be considered economic incentive programs, because monetary penalties provide acrucial economic incentive in both systems.
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Emissions Trading is Incentives General

( ) Emissions trading is an incentive it motivates companies to continually go beyondregulated requirementsDavid M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand Lee Law Review, 55 Wash & Lee L. Rev. 289

Proponents of emissions trading generally claim that economic incentive programs will remedy thedefects that they attribute to traditional regulation [*312] by promoting efficiency, n105 stimulatinginnovation, n106 and providing continuous incentives to go beyond regulatory requirements . n107 Theyinvoke the image of a free market system producing better environmental quality through unleashedinnovative energy with little need for slow ponderous government decision making. n108 These advocatesclaim that emissions trading constitutes an economic incentive program with the features mentionedabove .

( ) Emissions trading is an incentive programDavid M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand 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 thantraditional regulation . The possibility of a negative answer reveals some theoretical limits to emissionstrading as a spur to innovation and continuous improvement.A. A Broad Preliminary Definition of Economic IncentivesMany scholars advocate increased reliance upon economic incentives to achieve environmental goals. Butwhat precisely is an economic incentive? [*323] What distinguishes reliance upon economic incentivesfrom reliance upon traditional regulation to meet environmental goals?An economic incentive program can be defined as any program that provides an economic benefit forpollution 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 controlregulation qualify as an economic incentive program under this definition? Imagine a pure command andcontrol 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 onlyworks when an enforcement mechanism exists. n157Traditional regulation relies upon a negative economic incentive a monetary penalty for non-compliance asthe 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 traditionalregulation's success depends heavily upon the adequacy of these monetary penalties. n159A formal definition of an economic incentive program as any program relying on positive or negativeeconomic 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 economicincentives, but traditional regulation does not , a functional analysis is helpful. Parties to this debate needto analyze whether emissions trading overcomes traditional regulation's weaknesses in spurring innovationand 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 thegovernmental [*324] role in emissions trading. These questions provide the tools to develop a functionaltheory of economic incentives.
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Emissions Trading is Incentives Positive

( ) Emissions trading is a positive incentive mechanismDavid M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand Lee Law Review, 55 Wash & Lee L. Rev. 289

Emissions trading programs are often characterized as economic incentives because they use positiveeconomic inducements. The lower cost source can increase revenue by reducing pollution belowregulatory limits and selling credits to the higher cost source . The money to provide a positiveinducement, however, must come from somewhere.


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Emissions Trading Is Incentives Predictability

( ) Defining emissions trading as an incentive is predictable empirically, its included inpolicies that are explicitly designed to increase incentivesDavid M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand Lee Law Review, 55 Wash & Lee L. Rev. 289

The dichotomy between command and control regulations and economic incentives has had a powerfulinfluence upon policy. n7 On October 22, 1997, President Clinton outlined his plans to address globalclimate 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 andfloods), 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 combatthis potential menace. Instead, he announced a "package of strong market incentives , [*292] tax cutsand cooperative efforts with industry." n10 The President's package included emissions trading, which isthe "economic incentive program" most often implemented . His proposal would allow polluters in onecountry to avoid greenhouse gas reductions at home in exchange for pollution reductions abroad. n11 Notsurprisingly, emissions trading became an important element of the subsequently negotiated Kyoto Protocolon climate change, in which the developed countries apparently agreed to modest cuts in greenhouse gasemissions.
http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n7http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n8http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n9http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n9http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n9http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n10http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n10http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n10http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n11http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n11http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n11http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n7http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n8http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n9http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n10http://www.lexisnexis.com/us/lnacademic/frame.do?tokenKey=rsh-20.164074.88474903675&target=results_DocumentContent&reloadEntirePage=true&rand=1215122767738&returnToKey=20_T4093059602&parent=docview#n11


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***Definitions


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Definitions Resolved

( ) In policy-related contexts, resolved denotes a proposal to be enacted by lawWords and Phrases 1964 Permanent Edition

Definition of the word resolve , given by Webster is to express an opinion or determination byresolution 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 votingWebsters Revised Unabridged 98(dictionary.com)

Resolved: 5. To express, as an opinion or determination, by resolution and vote ; to declare or decide by aformal vote; -- followed by a clause; as, the house resolved (or, it was resolved by the house) that no moneyshould be apropriated (or, to appropriate no money).

( ) Resolved means to settle formally by votingWebsters 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 decideby formal resolution and vote b : to change by resolution or formal vote intransitive verb : to form a resolution

( ) Resolved means a firm decisionAmerican 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 actionAmerican 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.
http://www.bartleby.com/61/87/R0178700.htmlhttp://www.bartleby.com/61/87/R0178700.htmlhttp://www.bartleby.com/61/87/R0178700.htmlhttp://www.bartleby.com/61/87/R0178700.html


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Definitions The

( ) The indicates reference to a noun as a wholeWebsters 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 groupas a whole


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Definitions Federal Government

( ) The federal government is nationalBlacks Law Dictionary, 1999

federal, adj. Of or relating to a system of associated governments with a vertical division of governments intonational and regional components having different responsibilities; esp., of or relating to the nationalgovernment 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 theconstitution and exerts considerable influence, by means of grants-in-aid and otherwise, over mattersreserved to the state governments.

( ) Federal government means the three branchesRotunda 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 structuredesigned 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 stateand federal governments, and they further divided power within the federal government by splitting it amongthe three branches of government, and they further divided the legislative power (the power that the Framersmost feared) by splitting it between two Houses of Congress.

( ) Federal Government means all three branchesBLACK'S LAW DICTIONARY 90(6th Edition, 1990, p.695, http://debate.uvm.edu/handbookfile/immigration/1topicality.html)

In the U nited States, government consists of the executive, legislative, and judicial branches in additionto 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 youd think it means in a debate contextCambridge 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 toperform the action of the following verb

( ) Should indicates an obligation to actCompact 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 toindicate what is probable. 3 formal expressing the conditional mood. 4 used in a clause with that after amain 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.
http://dictionary.cambridge.org/define.asp?key=should*1+0&dict=Ahttp://dictionary.cambridge.org/define.asp?key=should*1+0&dict=A


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Definitions Should AT: Past Tense of Shall

( ) Go home its the present conditional tense in the context of the rezWORDS & 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 inthe past tense or conditional present . Ought is a synonym of should, and both words clearly implyobligation


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Definitions Substantially

( ) Garden variety definition of substantiallyAmerican English Encyclopedia of Law 2k7(pdf accessed June 21, 2k8)

SUBSTANTIALLY. The term "substantially" means really; truly; essentially; competently ; in asubstantial manner; in substance . SUBSTANTIVE. " An accurate definition of the word ' substantive ' is 'depending upon itself.

( ) Substantially means materiallyAmerican Heritage 2k [The American Heritage Dictionary of the English Language: Fourth Edition, accessed 6-30-07, 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-42bf-a2b7-075812dc0e2d.cfm)

In reversing a summary judgment of invalidity, the U.S. Court of Appeals for the Federal Circuit found thatthe 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 combustionengine. The patent claims a hollow push rod whose overall diameter is larger at the middle than at the endsand has "substantially constant wall thickness" throughout the rod and rounded seats at the tips. The districtcourt found that the expression "substantially constant wall thickness" was not supported in the specificationand 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 ruledthat in this case it was indefinite because it was not further defined. The Federal Circuit reversed, concludingthat 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 primaryin interpreting claims, the criterion is the meaning of words as they would be understood by persons in thefield of the invention." Thus, the Federal Circuit instructed that "resolution of any ambiguity arising from theclaims 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]hequestion is not whether the word 'substantially' has a fixed meaning as applied to 'constant wallthickness,' 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

Blacks Law Dictionary 1991[p. 1024, m7 06]Substantially - means essentially; without material qualification.

( ) Substantially means to a large degreeCambridge 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 increaseWordnet 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 recordedthe 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 accumulateEncarta 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 augmentWebsters 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 reproduceAmerican Heritage 2k [ The American Heritage Dictionary of the English Language: Fourth Edition, accessed June12, http://www.bartleby.com/61/21/I0092100.html]

INTRANSITIVE VERB: 1. To become greater or larger . 2. To multiply; reproduce . TRANSITIVEVERB: To make greater or larger


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Definitions Alternative Energy Incentives Big List

( ) Alternative energy incentives includes the following list of mechanismsMontana Environmental Quality Council 04(Hydrogen, Wind, Biodiesel, and Ethanol: Alternative Energy Sources to Fuel Montanas Future? EQC StudyReport 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 CategoriesTax Incentives :

Production Tax CreditsInvestment Tax CreditsSales Tax ReductionsProperty Tax ReductionsAccelerated Depreciation

Direct Cash IncentivesProduction IncentivesInvestment Incentives (Grants)

Low-Cost Capital ProgramsGovernment-Subsidized LoansProject Loan GuaranteesProject Aggregation

Distributed Resource PoliciesStandard Contracts for Small Distributed Projects

Net MeteringLine Extension Policies

Customer Choice OpportunitiesUtility-Supplied Renewable Energy Pricing OptionsAlternative Energy Marketing from Retail Electricity SellersAggregated Consumer PurchasesFuel Source Disclosure Requirement and Certification

General Environmental RegulationsExternality Valuation in Resource Planning

Externality Valuation in Environmental DispatchEmission TaxesEmission Caps/Marketable Permits

Other PoliciesGovernment PurchasesSite Prospecting, Review, and PermittingRenewable Portfolio StandardAuctioned Contracts

Performance-Based Rate-Making


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Definitions Alternative Energy Excludes Fossil Fuels/Nuclear

( ) Alternative energy excludes fossil fuels and nuclear powerU.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 producingelectrical or thermal energy if the primary energy source for the facility is not oil, natural gas, coal, ornuclear power .


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Definitions Alternative Energy Includes Nuclear

( ) Alternative energy includes nuclear powerHans 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, isoccasionally mentioned . Alternative energy will start its rise in the 2nd half of the 21st century, supplying30% of the cumulative energy needs during the century, and ending it with a 43% market share. Gas will bethe fuel of the 21st century, coal will decline in relative terms, and oil is expected to peak before the middleof the century.


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Definitions Alternative Energy Excludes Coal/Liquid Coal

( ) Coal, including liquefied coal, is not alternative energyAnchorage 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 makingthe 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 fiveyears.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 beeligible 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 the30-day special session that began Wednesday.But some lawmakers criticized the legislation, saying that most people understand renewable andalternative energy to include wind, solar, geothermal, hydroelectric, tidal or biomass projects -- notcoal."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 coalLawrence 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 energyresources, including offshore drilling, Alaska, nuclear power, oil shale, conversion of coal and natural gasto liquid fuel, and the development of so-called alternative-energy sources such as solar, wind, andvarious cellulosic investments (although this latter group may never contribute more than 10 percent to our energy needs)? A true free-market approach wouldnt pick winners and losers with heavy subsidies or

penalties.

( ) Alternative energy excludes fossil fuelsAlternative 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 , whilerenewable 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 areclean, meaning they have very little effect on the environment, i.e non-pollutant and non-hazardous. It istherefore 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 fuelsTraum 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 MondayJanuary 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 thanthose 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 naturallyreplenishing 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 fuelsSimon 07(Christopher A., Alternative energy: political, economic, and social, Rowman and Littlefield Publishing, copyright2k7, 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, byrule, 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 substantiallynot 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 fuelsWhitehouse.gov 01(National Energy Policy Development Group. Natures Power: Increasing Americas Use of Renewable andAlternative Energy. Chapter 6 pg. 3, pdf accessed June 22, 2k8)

Alternative energy includes: alternative fuels that are transportation fuels other than gasoline anddiesel, even when the type of energy, such as natural gas, is traditional; the use of traditional energysources, such as natural gas, in untraditional ways , such as for distributed energy at the point of usethrough 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 negativeA.W. Smith , Fellow of the Population Reference Bureau, Summer 1985 , Beyond Family Planning, HumanSurvival, 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 planningefforts. 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, anddevelopment targeted at family size reduction. This runs against the grain of most conventional thinkingabout voluntary parenthood, but that thinking must change. The customary distinction between incentivesand disincentives is useful. An incentive is a benefit given to a family which keeps its family small. Adisincentive is a penalty imposed on parents with large families. Hernandez argues for incentives andagainst disincentives on the grounds that disincentives limit freedom. Yet, freedom is never unlimited, and inrespect to population matters, human welfare is more gravely undercut by congestion than by limits on thesize of families induced by disincentives. This is a bad day for the family planning movement. Agencies andorganizations which have carried the burden for so long are under assault by the present AmericanAdministration. Funds for the International Planned Parenthood Federation and the UN Fund for PopulationActivities 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 onethinks that disincentives, imposing minor burdens in comparison with the greater good, also should beemployed 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 individualand 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 totalfertility 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 schedulesfor implementation and should be supported by realistic budgets.

Incentives are always positive deterring bad behavior is the oppositeWordNet 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 fromregulations involving penalties for non-complianceThe Helsinki Commission (Baltic Marine Environment Protection Commission), November 15, 2007 ,INTRODUCING ECONOMIC INCENTIVES AS A COMPLEMENT TO EXISTING REGULATIONS TOREDUCE 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 toreduce health and environmental risks posed by their facilities, processes, or products. These incentivesprovide monetary rewards for those polluting less and impose costs of various types for those pollutingmore, thus supplying the necessary motivation of change to polluters. This approach provides anopportunity 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 regulatoryrequirements.


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Definitions Incentives Are Solely Positive

( ) Incentives are defined as positive inducements to make particular actions moreattractiveRuth W. Grant , Professor of Political Science at Duke University, 2002 , The Ethics Of Incentives: HistoricalOrigins 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 aboutchange. In government, in education, in health care, between and within institutions of all sorts, incentivesare offered to steer people's choices in certain directions. But despite the increasing interest in ethics andeconomics, the ethics of the use of incentives has raised very little concern. From a certain point of view, thisis not surprising. When incentives are viewed from the perspective of market economics, they appear to beentirely unproblematic. An incentive is an offer of something of value , sometimes with a cash equivalentand sometimes not, meant to influence the payoff structure of a utility calculation so as to alter aperson's course of action . In other words, the person offering the incentive means to make one choicemore attractive to the person responding to the incentive than any other alternative . Both parties standto gain from the resulting choice. In effect, it is a form of trade, and as such, it meets certain ethicalrequirements by definition. A trade involves voluntary action by all parties concerned to bring about a resultthat 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 coercionas an alternative.

( ) Incentives are defined as concessions to the recipient that confer a financial benefitBryan P. Schwartz , Asper Professor of International Business and Trade Law, University of Manitoba, and KristaBoryskavich , Associate at Aikins, MacAulay & Thorvaldson, LLP, 2003 , Asper Review of InternationalBusiness 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 orlevel of required alternative energyAlbert 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?breadcrumb=%2Ftopic%2F47%2Fenvironmental_economics%3Fpage%3D67, accessed July 14, 2008

Economic-incentive instruments are regulations that encourage behavior through price signals ratherthan through explicit instructions on pollution control levels or methods . These policy instruments, suchas tradable permits and pollution charges, have been described as "harnessing market forces," because if theyare properly implemented, they encourae firms to undertake pollution control efforts that are in their financialself-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 requirementfor alternate energy use otherwise, the plan provides incentives for a literally endless

amount of ways that people could comply with the regulationsDavid M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand Lee Law Review, 55 Wash & Lee L. Rev. 289Polluters have substantial economic incentives to use the flexibility that performance standards offer to employinnovative means of meeting emission limitations that are less costly than traditional compliance methods. Suchuse of innovations saves polluters money. This incentive exists even for technology-based performancestandards that did not contemplate the innovative compliance mechanism a polluter discovers .

Professor Stewart has stated that polluters have "strong incentives to adopt the particular technologyunderlying" a technology-based performance standard because "its use will readily persuaderegulators of compliance ." n63 It seems unlikely that this countervailing persuasiveness incentivewould 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 eliminateregulated chemicals, which certainly demonstrates compliance. n64
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Definitions Incentives Exclude Regulations and Trading

( ) Incentives excludes regulations and emissions tradingDavid M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand Lee Law Review, 55 Wash & Lee L. Rev. 289

The emissions trading example reveals that the term "economic incentive" has very little meaning if definedto 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 specificallymandated reductions.The emissions trading example shows that one must carefully analyze programs to see which free market-likeadvantages they might offer. While emissions trading may have the capacity to use private sector complianceresources 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 traditionalregulation. Emissions trading does not stimulate competition to maximize environmental performance. Itsimply authorizes some trading around of obligations the government has created.A theory of economic incentives aimed at continuous environmental improvement and innovation needsmore specificity than the command and control/economic incentive dichotomy offers. The theory might aimto 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 negativeDavid M. Driesen , Assistant Professor of Law, Syracuse University College of Law, Spring 1998 , Washingtonand Lee Law Review, 55 Wash & Lee L. Rev. 289III. Defining Economic Incentives and Understanding Emissions Trading

A. A Broad Preliminary Definition of Economic IncentivesMany scholars advocate increased reliance upon economic incentives to achieve environmental goals. Butwhat precisely is an economic incentive? [*323] What distinguishes reliance upon economic incentivesfrom reliance upon traditional regulation to meet environmental goals?An economic incentive program can be defined as any program that provides an economic benefit forpollution reductions or an economic penalty for pollution. Defining economic incentives to include bothpositive and negative incentives includes pollution taxes in the definition . n155 Does command andcontrol regulation qualify as an economic incentive program under this definition? Imagine a pure commandand 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 onlyworks when an enforcement mechanism exists. n157Traditional regulation relies upon a negative economic incentive a monetary penalty for non-compliance asthe 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 traditionalregulation's success depends heavily upon the adequacy of these monetary penalties. n159

( ) More evidenceConvention 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 areharmful for biodiversity. Examples of disincentives are user fees or pollution taxes.The guidelines for selecting appropriate and complementary measures, contained in the Proposals for theDesign and Implementation of Incentive Measures endorsed by the sixth meeting of the Confere

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