Tournament: Weber RR | Round: 2 | Opponent: Weber Olson-Sharif | Judge: S. Odekirk

Solvency

Plan: The Supreme Court of the United States should rule that state government restrictions on nuclear power are preempted by Nuclear Regulatory Commission authority under the Nuclear Waste Policy Act.

Court clarification of NWPA key – only actor that can solve.

Harper 11 (Richard S. Harper, attorney for the U.S. Nuclear Regulatory Commission "Pacific Gas and Electric Revisited: Federal Preemption of State Nuclear Moritoria, Journal of Energy and Environmental Law, Summer 2011)

The Court also failed to examine the NWPA in sufficient detail.121 The Court
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resolved until the Supreme Court hears a case regarding preemption and the NWPA.

====The courts can overrule state regulations on nuclear power ====
Harper 11 (Richard S. Harper, attorney for the U.S. Nuclear Regulatory Commission "Pacific Gas and Electric Revisited: Federal Preemption of State Nuclear Moritoria, Journal of Energy and Environmental Law, Summer 2011)

Courts can unilaterally issue a ruling overturning PG%26E – three warrants: 1
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the Court was required to look for express congressional intent to determine preemption.

101 While states had indeed typically regulated electrical generation, nuclear electricity generation was a
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contrary to the concerns expressed by the Court in PG%26E.129

State restrictions have ended industrial advancement—even licensed plants are blocked by the states

Garvey 11 (Todd Garvey, Legislative attorney for the Congressional Research Service "State Authority to Regulate Nuclear Power: Federal Preemption Under the Atomic Energy Act" September 6, 2011)

A finding that a state law is grounded in nuclear safety concerns is not "
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operation of the plant in the face of a NRC approved operating license.
 

Advantage 1

The exclusion of public discourse from debates about nuclear power creates a destructive form of ethos, where expert appeals and technical risk analysis are the only sources of persuasion.  This anti-democratic discourse about the future is totalizing, and leads to a society characterized by the domination of experts over the public.

Miller 2003
(Carolyn Miller, Professor of Rhetoric and Technical Communication, "The Presumptions of Expertise: The Role of Ethos in Risk Analysis", Configurations, Volume 11, Number 2, Spring 2003, pp. 163-202, http://muse.jhu.edu/journals/con/summary/v011/11.2miller.html)

The short, controversial life of the nuclear industry leaves at least three legacies:
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same time narrow the scope of ethos considerably from the original Aristotelian conception.

Public participation in the assessment of risks associated with nuclear power is key to reviving the citizen as a source of authority, the presumption in favor of political and scientific expertise is a victory for elitism that influences all public decisionmaking.

Miller 2003
(Carolyn Miller, Professor of Rhetoric and Technical Communication, "The Presumptions of Expertise: The Role of Ethos in Risk Analysis", Configurations, Volume 11, Number 2, Spring 2003, pp. 163-202, http://muse.jhu.edu/journals/con/summary/v011/11.2miller.html)

The reliance on expert opinion in the RSS is an experiment with the argumentum ad
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the use of authority appeals—it simply became our primary authority.93

The lack of deliberation over nuclear doctrine creates a public that is numb to the normality of nuclear use

Granoff, 2k3 (Jonathan, President of the Global Security Institute, "Power Over the Ultimate Evil", Bimonthly Jewish Critique of Politics, Culture %26 Society,http://www.gsinstitute.org/archives/000211.shtml)**

Over time, through accident or design, human fallibility will cause the unacceptable use
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Final Solution, today’s world remains numb to the banality of nuclear weapons. 

Nuclear secrecy makes the decision to launch our nuclear arsenal a mere formality

Public disengagement about nuclear policy makes the use of nuclear weapons an inevitable formality
Arbatov and Dvorkin, 2k5 (Alexei and Vladimir, Center for International and Security Studies @ Maryland, Revisiting Nuclear Weapons",http://74.125.155.132/search?q=cache:dti5awEM5Y4J:www.cissm.umd.edu/papers/files/arbatov_dvorkin.pdf+nuclear+deterrence+projection+rationality%26cd=13%26hl=en%26ct=clnk%26gl=us%26client=firefox-a~~%2313)**
Moreover, at such time the leadership will act on the basis of reports from
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nuclear missiles and with the broadening of the scope of potential attack azimuths. 

Public discourse is key for democracy

Mendelsohn 1 ~Matthew Mendelsohn, associate professor political studies at Queen’s University, and Andrew Parkin, assistant director of the Centre for Research and Information on Canada, 2001 (Referendum Democracy: Citizens, Elites and Deliberation in Referendum Campaigns pg 6-7)~

Through an examination of government-initiated referendums in consolidated democracies, Laurence Morel offers
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a precedent which makes subsequent referendums on similar questions more difficult to avoid.

Democide by totalitarian regimes has killed hundreds of millions and has caused more deaths than all the wars of the 20th century

Rummel 1 ~RJ Rummel, Political Scientist, University of Hawaii, DEATH BY GOVERNMENT, 2001, http://www.hawaii.edu/powerkills/DBG.CHAP1.HTM~~**

 Power kills, absolute Power kills absolutely. This new Power Principle is the
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authoritarian to totalitarian regimes, the amount of  killing jumps by huge multiples.   

Advantage 2

State moratoria on nuclear power prevent meaningful public participation in the decisionmaking process, state moratoria and restrictions mean no citizen involvement in the evaluation of nuclear power.

Cohen 11
(Marshall Cohen is the Senior Director of State and Local Government Affairs at the Nuclear Energy Institute, Testimony on Minnestoa H.F. 9 - Nuclear Power Plant New Construction Prohibition Repeal, January 11, 2011, http://www.nei.org/publicpolicy/congressionaltestimony/january-11-2011/-http://www.nei.org/publicpolicy/congressionaltestimony/january-11-2011/)

Much has changed in St. Paul, in Washington and around the country since
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will never be built in Minnesota unless Minnesota wants one to be built.

Public participation is key to the perceived legitimacy of energy policy, the alternative to discussion is coercion or retrenchment to fossil fuels.  Only understanding popular and cultural perceptions of risk assessment can lead to more responsive energy policy.

Simon 9
(Christopher A Simon is a  Professor of Political Science at The Renewable Energy Center, University of Nevada, Reno, "Cultural Constraints on Wind and Solar Energy in the U.S. Context", Comparative Technology Transfer and Society, Volume 7, Number 3, December 2009, pp. 251-269, http://muse.jhu.edu/journals/ctt/summary/v007/7.3.simon.html-http://muse.jhu.edu/journals/ctt/summary/v007/7.3.simon.html)

Mary Douglas and Aaron Wildavsky’s Risk and Culture: An Essay on the Selection of
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promote the long-term advancement of renewable-energy-policy goals.

State regulations on nuclear power allow the parochial interests of wealthier states to gain the benefits of nuclear power while pushing the construction of power plants and waste disposal facilities onto neighboring states.

Reilly 1995(Kathleen, J.D. Candidate at Indiana University School of Law, Spring, "Global Benefits Versus Local Concerns: The Need for a Bird’s Eye View of Nuclear Energy", 70 Indiana Law Journal, 679)

States, observing nuclear power from a localized point of view, inevitably base their
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electricity may severely pollute the Northwest, but leave the Californian environment untouched.

Status quo energy policy is governed by risk avoidance, rather than concrete policy goals.  Opening up energy policy debates for public participation unites policymakers, academics, and the public behind opposition to fossil fuels.

Simon 9
(Christopher A Simon is a  Professor of Political Science at The Renewable Energy Center, University of Nevada, Reno, "Cultural Constraints on Wind and Solar Energy in the U.S. Context", Comparative Technology Transfer and Society, Volume 7, Number 3, December 2009, pp. 251-269, http://muse.jhu.edu/journals/ctt/summary/v007/7.3.simon.html-http://muse.jhu.edu/journals/ctt/summary/v007/7.3.simon.html)

The world is experiencing the first pronounced stages of fossil energy decline and a new
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development in the following areas: energy production, transmission, and storage.

Tournament: Weber RR | Round: 4 | Opponent: UNLV Bato-Velto | Judge: O. Guevara

Plan: The United States federal government should substantially reduce restrictions on Ocean Thermal Energy Conversion in the United States imposed by entities other than the National Oceanic and Atmospheric Administration.

Solvency

Current patchwork of zoning restrictions prevents commercial viability—removing it is key to solve

Griset 2010(Todd, J.D. from the University of Pennsylvania, advises utilities going before state and federal regulating agencies, "Harnessing the Ocean’s Power: Opportunities in Renewable Ocean Energy Resources", Ocean and Coastal Law Journal, Vol. 16:2)

Whether renewable ocean energy development will occur in U.S. waters on a
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promoting regulatory certainty would do much to promote their cost-effective development.

Overlapping regulation of OTEC collapses the industry—both state and federal agencies can claim jurisdiction, preventing a viable industry from developing

Elefant 2002(Carolyn, Principle Attorney at LOCE, November 19, " Proposed Strategies for Addressing Regulatory Uncertainty in Ocean Energy Development in the United States ", http://www.energypulse.net/centers/article/article_display.cfm?a_id=79-http://www.energypulse.net/centers/article/article_display.cfm?a_id=79)

The foregoing events suggest that presently, there is sufficient confidence in the functionality of
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costs. Such unpredictability may also deter future private investors from funding projects.

OTEC is feasible, economically viable, and recent advancements solve all problems

McCallister and McLaughlin 2012(Captain Michael, Senior Engineer with Sound and Sea Technology, Commander Steve, Critical Infrastructure Programs Manager at Sound and Sea Technology, January, "Renewable Energy from the Ocean", U.S. Naval Institute Proceedings, Vol. 138, Issue 1, EBSCO)

The well-known OTEC operating principles date to the original concept proposed by Jacques
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of OTEC, with the goal of reducing technical risks associated with commercialization.

Advantage One – Warming

OTEC solves both power plants and vehicle emissions—key to reduce CO2

Magesh 10 (R., Coastal Energ Pvt, "OTEC TEchnology - A World of Clean Energy and Water," World Congress on Engineering, Vol II, June 30)

Scientists all over the world are making predictions about the ill effects of Global warming
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, it would offset its expense through the sale of the desalinated water.

OTEC is key—it provides baseload power, has the capability to power the globe

Blue Rise 2012(BlueRise, technology proider in the Ocean Energy Market, "Ocean Thermal Energy Conversion", http://www.bluerise.nl/technology/ocean-thermal-energy-conversion/-http://www.bluerise.nl/technology/ocean-thermal-energy-conversion/)

Ocean Thermal Energy Conversion (OTEC) is a marine renewable energy technology that harnesses
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and environmentally clean operation, OTEC is an attractive alternative form of energy.

It sequesters enough carbon to end climate change

Barry 8 (Christopher, Naval Architect and Co-Chair of the Society of Naval Architects and Marine Engineers, "Ocean Thermal Energy Conversion and CO2 Sequestration," July 1, http://renewenergy.wordpress.com/2008/07/01/ocean-thermal-energy-conversion-and-co2-sequestration/)

However, deep cold water is laden with nutrients. In the tropics, the
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aggressive OTEC program, hundreds of several hundred MW plants might meet this.

Warming is real, anthropogenic and causes extinction—answers all their args

Prothero 2012(Donald, Professor of Geology at Occidental College and Lecturer in Geobiology at the California Institute of Technology, March 1, "How We Know Global Warming is Real and Human Caused", EBSCO)

How do we know that global warming is real and primarily human caused? There
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pinnacles, but the rest of these drowned cities would lie deep underwater. 

Warming causes extinction

Sify 2010 – Sydney newspaper citing Ove Hoegh-Guldberg, professor at University of Queensland and Director of the Global Change Institute, and John Bruno, associate professor of Marine Science at UNC; Sify News, "Could unbridled climate changes lead to human extinction?", http://www.sify.com/news/could-unbridled-climate-changes-lead-to-human-extinction-news-international-kgtrOhdaahc.html
The findings of the comprehensive report: ’The impact of climate change on the world’s
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, according to a GCI release. These findings were published in Science.

Independently, CO2 releases cause acidification

Messenger 2012(Stephen, Freelance Author specializing in environmental issues, January 22, "Study Links Rising Ocean Acidification to CO2 Emissions", http://www.treehugger.com/ocean-conservation/rising-ocean-acidification-linked-co2-emissions.html)jn

Earth’s oceans may be an inconceivably vast ecosystem home to countless species yet unknown to
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pre-industrial times," says the study’s lead author, Tobias Friedrich.

Ocean acidification will cause extinction

Romm 2012 (Joe Romm, Fellow at American Progress and is the editor of Climate Progress, March 2, 2012, "Science: Ocean Acidifying So Fast It Threatens Humanity’s Ability to Feed Itself," http://thinkprogress.org/climate/2012/03/02/436193/science-ocean-acidifying-so-fast-it-threatens-humanity-ability-to-feed-itself/)
The world’s oceans may be turning acidic faster today from human carbon emissions than they
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seafood" are poised to expand and "remain for thousands of years."

Advantage Two – Sea Colonies

====Overpopulation is creating multiple ecological crises and creating food shortage conflicts—population will stabilize by 2050, but it will have passed overshoot levels ====
Montpellier 2012(Rolly, worked in public administration including senior executive management positions, September 21, "Overpopulation: Food Crisis And Future Hunger Wars", http://www.countercurrents.org/montpellier210912.htm-http://www.countercurrents.org/montpellier210912.htm)

A short video (The Seventh Billion-http://www.youtube.com/watch?v=UAIv15fWfHg) (The Economist) shows the evolution
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proper accommodation and end up living in slums further compounding the food crisis.

OTEC is critical to develop sea colonies—critical to solve the impacts of overpopulation

Savage 92 (Marshall, Professor of English at USC. "The Millennial Project: Colonizing the Galaxy in Eight Easy Steps," p. 33-34.)
The pulsing heart of Aquarius is an OTEC (Ocean Thermal Energy Converter). The
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-large enough to underwrite any adventure in space we care to imagine.

OTEC key to solve food shortages – multiple warrants

Binger 4 (Al, Visiting Professor at Saga University Institute of Ocean Energy, Director of the University of West Indies Centre for Environment and Development, "Potential and Future Prospects for Ocean Thermal Energy Conversion (OTEC) In Small Islands Developing States (SIDS)," United Nations Educational, Scientific and Cultural Organization, United Nations Educational, Scientific and Cultural Organization)
Food Security in SIDS and the Potential of OTEC)

In the majority of SIDS, particularly the smaller islands, the limited availability of
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thereby significantly increasing the availability of foreign exchange available to import food supplies.

Food shortages cause extinction

Cribb 2010(Julian, principal of JCA, fellow of the Australian Academy
of Technological Sciences and Engineering, "The Coming Famine: The
Global Food Crisis and What We Can Do to Avoid It", pg 10)

The character of human conflict has also changed: since the early 1990S, more
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changes, because of the synergetic character of the things that power it.

Sea colonization independently solves all extinction threats

Savage 92 (Marshall, Professor of English at USC. "The Millennial Project: Colonizing the Galaxy in Eight Easy Steps," p. 94-95.)

Every space colony is an ark. Aquarius will serve not only as the jumping
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-just as in the legends of Atlantis-to recolonize this planet.

Sea colonies key to space colonies.

Savage 94 (Marshall T., Founder of the First Millenial Foundation, a colonization advocacy group, "The Millenial Project: Colonizing the Galaxy in Eight Easy Steps", p. 23-24  GAL)

It is our destiny to colonize space. Eventually we will spread our civilization among
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us into space, and enough raw financial power to pay the fare. 

Space key to prevent extinction—isolation means impacts would be contained to the earth

Baum 2009(Seth, Department of Geography@Pennsylvania State University "Cost-Benefit Analysis of Space Exploration: Some Ethical Considerations", http://sethbaum.com/ac/2009_CBA-SpaceExploration.pdf, accessed 7/11/10)jn

Another non-market benefit of space exploration is reduction in the risk of the
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-effective means of increasing the probability of long-term human survival.  

Sea colonies solve resource wars – prevents the fear of scarcity that causes lashout

Savage 94 (Marshall T., Founder of the First Millenial Foundation, a colonization advocacy group, "The Millenial Project: Colonizing the Galaxy in Eight Easy Steps", p. 32-33  GAL)

In the process of vaulting between evolutionary planes, the Aquarian sea colonies will shatter
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cybergenic pathway, Life can evolve itself out of its present resource trap.  

Resource tension causes nuclear conflict with Russia and China –extinction
Henderson 7 (Bill, Besline Research CEO/President/consultant _{"Climate Change, Peak Oil, and Nuclear War," Countercurrents,  February 24, http://www.countercurrents.org/cc-henderson240207.htm-http://www.countercurrents.org/cc-henderson240207.htm)
Damocles had one life threatening sword hanging by a thread over his head. We
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lead to extinction for humanity and much of what we now recognize as nature}