In another effort to eliminate the small business owner, Congress is now rushing to increase the liability cap for spills from $75 million to $10 billion dollars. Unless you’re BP. Royal Dutch Shell, or its equivalent brethren, such a spike in the cap would make it impossible to obtain insurance for the independent oil producer.

According to Congressional Quarterly on May 18, 2010:

Independent oil producers are pushing Congress to spare them
from a broad increase in liability for oil spills, saying it would
cripple their ability to compete against bigger market players
such as those involved in the Gulf Coast oil spill.

However, the Democrats, seeking to paint all oil and gas companies the same, stated:

Although some independents are small operations, drilling
opponents such as Democratic Sen. Robert Menendez mock
the notion that the gulf is dominated by small, independent
oil producers, noting that some are $40 billion dollar enterprises.

American author, Mark Twain, wrote that there are “lies, damn lies, and then there are statistics.” Mark Twain also wrote that “there is no native criminal class except Congress.” It is time for Congress to stop seeking to enact hurried legislation that would again hurt small businesses, especially when the class of business owner that will be most affected by the gulf oil spill will be: the small business owner.

Sungevity, based in Oakland, is growing its reach from Northern California down to Southern California, and growing its practice of leasing, rather than selling, roof-top solar panels. The key difference between Sungevity and solar companies that require you to buy the entire system is that Sungevity offers a “no-money-down” streamlined system that uses the internet to control costs. Instead of requiring costly site visits and constant in-person meetings, Sungevity employs an Internet-derived aerial photographs of a home or business to calculate the pitch of the roof and its orientation to the sun to design a solar system virtually, rather than manually.

In addition to its virtual orientation, Sungevity uses the customer’s utility bill to determine the potential utility rebate of going solar, and then emails an installation proposal, or iQuote, within 24 hours of a customer’s request.

“It’s kind of akin to iTunes or Netflix with an electronic signature for the lease contract,” said Sungevity president and founder Danny Kennedy, who has sold 230 solar leases since March, mostly to Southern California Edison and San Diego Gas & Electric customers. Sungevity is now expanding its lease program to customers of the Los Angeles Department of Water and Power.

The leases are financed by U.S. Bancorp, last twenty (20) years, and would be required to be taken over by the next homeowner if the home is sold before the lease is expired. Further, Sungevity automatically increases the cost of the leases 2.5% per year.

After reading the information above, Sungevity seems to have found a great business model for those customers who are environmentally conscious, but may not have been able to afford to be so.

Sungevity and its solar brethren are now bringing solar to the masses, thus allowing their customers to not have to fight the usual blackouts during those hot summer nights.

“We’re listening to our fleet customers and dealers about offering options that help them achieve their business objectives,” said Brian Small, general manager of GM’s fleet and commercial operations. “The industry commitment to expand the CNG and LPG infrastructures in key fleet markets was an enabler to allowing us to introduce these options now.”

GM will offer the vans with its Vortec six-liter V-8 engine with hardened exhaust valves and intake and exhaust valve seats for improved wear resistance. Both CNG and LPG vans will carry GM’s limited new vehicle warranty including 5-year/100,000 mile transferable GM powertrain limited warranty.

As of its announcement, no prices for these vans had been set.

CARB’s new program provides an opportunity for diesel parts manufacturers to submit all EO application materials and supplement their submissions with each subsequent inquiry submitted by CARB. Upon the successful submission of their materials, the applicants have one calendar year to conduct the required emissions test and obtain EO’s. The time for testing must be conducted from July 1, 2010 through July 1, 2011. During that specific time, no diesel vehicle equipped with the parts in the certification process (a/k/a/ “Parts in Progress List”) will fail the visual portion of the California Bureau of Automotive Repair’s smog-check testing. CARB will be updating the “Parts in Progress List” on an ongoing basis, adding the names and products of companies who have qualified for the program. To view the list, go to www.arb.ca.gov, and click on the “aftermarket parts,” and then click on the “Parts in Process” link.

Please note that the last day to be included on the “Parts in Progress List” is July 1, 2010. If a company files after that date, they will not be able to qualify for the one-year period to obtain certification.

An extended range plug-in Hybrid where the Turbo engine charges the batteries when it’s running out of juice at 31-62 miles so that you can go 300-400 miles without having to stop for a recharge.

Add to this a rapid charger that can charge the 18 kWh Lithium ion Batteries to give the car a 31-mile range in 30 minutes.

This seems like a very good compromise because I believe you can make the Turbocharged engine very price competitive since it only has to worry about one rpm. Also by doing this you can make a clean architecture with only cables out to the distributed power delivery engines, removing a lot of mechanics.

So in short terms a Plug-In Car that you can drive as far as you do today.

Links and Other Reviews:
AutoGuide.com
MotorAuthority.com

For energy-intensive industries, such as chemical production and metal processing, those cost spikes could prove devastating. Petroleum and natural gas, as a feedstock, represents a significant proportion of the chemical industry’s costs. Feedstock accounted for 70% of the chemical industry’s $85.1 billion in total energy costs in 2008, according to the American Chemistry Council.

Many companies fear that higher energy costs would reduce their ability to compete globally and could drive jobs to countries that do not limit carbon. John Engler, president of NAM, has described emissions regulations as “economic disarmament.”

Others believe any emissions legislation should take into account substantial reductions made over the last two decades. The aluminum industry has reduced its energy consumption in U.S. production by 46% since 1990, according to a study by the Aluminum Association, a trade group.

“What we are looking for here is recognition at the efforts we’ve made and a reasonable amount of time to achieve some doable and meaningful reductions,” says Steve Larkin, president of the Aluminum Association.

Action Is Certain
But not all of the industry is convinced carbon regulation is such a bad thing. A range of companies, from Exelon, the largest U.S. nuclear power producer, to Alcoa, the largest manufacturer of aluminum, to General Electric, have suggested that any comprehensive environmental legislation passed by Congress will be far more business-friendly than any regulation handed down by the EPA.

“Climate action is inevitable,” says Michael Morris, CEO of American Electric Power. “The only choice is whether to encourage the Senate to pass comprehensive, well-crafted climate legislation or to wait for the EPA to enact regulations under the Clean Air Act.”

The latter is a result no one in the industry wants, says Flatt of the University of North Carolina. Though comprehensive legislation passed by Congress might not be perfect, it would be a more palatable solution, crafted in part to help appease industrial interests. EPA regulations, some fear, would be more onerous.

“If the climate bill does not pass this spring, the EPA’s going to start regulating,” says Flatt. “I’m positive of that. It will look pretty similar to what’s been proposed by Congress — focusing on the same size emitters. But it will come faster than the legislation and won’t include some of the regulations on fuel importation that is included in the legislation.”

Better to Anticipate
So, if the day is drawing near when companies will be required to make dramatic cuts in greenhouse gas emissions, where does that leave the industry?

For the time being, there is a prevailing sense of uncertainty. No one knows yet what the rules will be, but many have responded by instituting aggressive measures in advance. By laying the groundwork on a comprehensive system to reduce greenhouse gases, they are getting an early jump before specific regulations come out of Washington, providing an easier transition into compliance.

That begins, says Neil Hawkins, vice president of sustainability for Dow Chemical, by being aware of the subtle shifts in public policy.

“The bottom line is you better start anticipating regulations before they ever become final,” Hawkins says. “You want to be assessing and planning, and you want to hit the ground running with a program and management approach, especially if it’s a large-scale regulation that’s going to affect your whole enterprise.”

That management approach should hit on two fronts, says Wayne Balta, IBM’s vice president of corporate environmental affairs: marrying a company’s operations and business interests with a lower environmental footprint and taking a leadership position on the issue, which allows the company to be at the forefront in policy.

“A company’s environmental policy is a long-term subject, and it requires a long-term focus,” says Balta. “It’s not a bandwagon that you just jump on and off based on public opinion. And, it’s not something that you waver from based on quarterly business results.”

Recognizing Opportunity
Not all corporations have the resources to create entire departments in charge of overseeing emissions regulation compliance. For some medium-sized companies that emit enough greenhouse gases to qualify for oversight, new regulations pose a significant threat.

“Manufacturers are always concerned about the nature of regulation because it can fundamentally alter the way they do business,” says Ethan Cohen, a senior manager in application services at Hewlett-Packard. “But on the opposite side of the coin is that altering the way you do business can often produce real benefits.”

HP has worked with its top suppliers at reducing both costs and environmental footprint, while Boeing has now begun taking environmental considerations into its bidding and contracting process.

Some corporations have found valuable perspective by looking back at previous experiences in facing sweeping regulations. Robert Shobar, director of infrastructure engineering and environmental programs at Campbell Soup Co., remembers when he was tasked with mastering the language of the EPA’s new regulation on hazardous waste management in 1980.

Though the regulation was daunting and threatened to cost corporations millions of dollars a year, it forced many corporations to innovate. In the case of Campbell Soup, inside of two years, a solvent-based enamels process, which resulted in hazardous waste, was reworked so that it was water-based and cleaner.

“We’ve seen this every 10 years or so,” says Shobar. “Whether it’s the Clean Water Act of 1970 or the hazardous waste regulations of 1980 or the Clean Air Act of 1990, they all cause significant changes to the way things are handled. Sometimes, they’re rather onerous, but they also help companies such as ourselves develop ways of doing things differently — and doing them better.”

Barak has extensive experience litigating complex energy, business and real estate actions, for clients ranging from Fortune 500 Companies to the individual. Barak’s legal experience crosses several industries, ranging from the technology sector to the real estate industry, as well as oil and gas products, apparel and financial products.

Barak is a member of the California State Bar and is admitted to practice in all District Courts in California and the United States District Court for the Southern District of Indiana. Further, Barak is an attorney member of the Supreme Court of the United States.

Specialization:

Business Litigation, Contract Disputes, Unfair Competition, Real Estate Litigation and Transactions, Employment, Oil & Gas Litigation.

Education:

Pepperdine University School of Law, J.D., 2001
The George Washington University, M.A., 1997
University of Kansas, B.A., 1992

Public Service:

City of Hope Hospital, Board of Governors
Children Affected By Aids Foundation, Board of Directors – Executive Committee
Pepperdine University School of Law, Board of Visitors
Levitt & Quinn Family Law Center, Advisory Council

Personal:

Barak credits his success in life to an unwavering philosophy of purpose, service and leadership. Barak gets his daily inspiration from looking in the eyes of his wife Candice and from the smiles of his children, Mackenzie and Jordan.

Publications:

Barak’s publications include Ayers v. Marathon Ashland Petroleum, LLC, 2005 WL 2428205 (S.D. Ind., September 30, 2005); Co-authored an amicus brief for International Factoring Association in the case of Decision Point, Inc. v. Reece & Nicols Realtors, Inc. (Supreme Court of Kansas); First American Title Company, UCC Division, Eagle 9 Newsletter, Volume 2, issue 2, “A UCC Article of Interest.”

Barak Vaughn is a partner in Vaughn Legal Group.
Email: barak@vaughnlegalgroup.com

Michael brings to Vaughn Legal Group a passion for litigation as well as measurable training and experience in mediation and arbitration. Michael will also serve as an Adjunct Professor at Pepperdine University School of Law beginning in the fall of 2011. Prior to joining Vaughn Legal Group, Michael worked in the entertainment industry as a writer, musician, and producer.

At Pepperdine Law, while simultaneously attaining his master’s degree in Alternative Dispute Resolution, Michael served on the Editorial Board of the Pepperdine Law Review as a Literary Citation Editor, was named “Second-Place Advocate” at the American Association for Justice National Student Trial Advocacy Competition, and upon graduation he was inducted into the Order of the Barristers. In addition, Michael served as lead teaching fellow for Pepperdine’s Academic Success Program, and was a member of the Legal Citation Team.

During the summer of 2008, Michael served as Judicial Extern to the Honorable Philip A. Kazen, Jr. in Bexar County, Texas.

Education:

Pepperdine University School of Law, J.D., 2010
Pepperdine University Straus Institute for Dispute Resolution, M.D.R., 2010
University of Virginia, B.A., 1999

Michael is an associate with Vaughn Legal Group.
E-mail: michael@vaughnlegalgroup.com