Julian-Woodford Aff

Plan Text
The United States Supreme Court should rule that Vermont’s ban on hydraulic fracking is unconstitutional on the basis that it is facially discriminatory against interstate commerce as outlined in the dormant commerce clause.
Inherency
Vermont banned Fracking, it is the first state to do so.
Burns 2012. Burns, Paul. "New law makes Vermont the first state to ban fracking." VTDigger.org. Press Release, 16 May 2012. Web. 3 Oct. 2012. <http://vtdigger.org/2012/05/16/new-law-makes-vermont-the-first-state-to-ban-fracking/>.

Solvency

Gas companies already use the dormant commerce clause to challenge state regulations; a Supreme Court ruling would strengthen their case.
ELI 2010. "Safeguarding the Laws that Protect the Environment."Endangered Environmental Laws. Environmental Law Institute, 2010. Web. 31 Aug. 2012.

Plan opens the door for gas companies to challenge state laws that prevent development.
Esch 2012.Esch, Mary. "FrackingIn New York: Gas Drillers Wrangle Over Limitations, Bans Across Empire State." Huffington Post 11 May 2012. Web. 21 Aug. 2012.

Advantage: Constitutional Conservatism
Interpretations of the Commerce Clause have become confused after the ACA debate.
Robert Parry4 July2012 (Writer for Consortium News, associated with Associated Press and Newsweek http://consortiumnews.com/2012/07/04/how-scalia-distorts-the-framers/)

The conservatives in particular have made a habit or reinterpreting the original meaning of the commerce clause in a calculated agenda to subvert the power of the federal government to regulate interstate commerce.
RobertParry4 July2012(Writer for Consortium News, associated with Associated Press and Newsweek http://consortiumnews.com/2012/07/04/how-scalia-distorts-the-framers/) 

The Supreme Court decision on Obamacare was a victory for the right-wing agenda of limited government.
Stewart 2012. Stewart, James B. "In Obama’s Victory, a Loss for Congress." The New York Times 28 June 2012. Web. 3 Oct. 2012.

The key distinction coming from the Obamacare ruling is between activity and inactivity, the idea that congress cannot regulate inactivity supports the right-wing agenda by limiting government’s power.
Plumer 2012.Plumer, Brad. "Supreme Court puts new limits on Commerce Clause. But will it matter?" The Washington Post 28 June 2012. Web. 3 Oct. 2012.

Immediate Supreme Court review is key to understanding commerce clause given the recent health care ruling.
The New Yorker June 2012(http://www.lexisnexis.com/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T15382558481&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T15382558487&cisb=22_T15382558486&treeMax=true&treeWidth=0&csi=237442&docNo=17) 

The right wing agenda will destroy our democracy, cause war, terrorism. They will either win or drag the country down to hell with them.
Hall 2012.Hall, Burt. "The Right-Wing Threat to Democracy ." BuzzFlash.com. N.p., 31 Aug. 2012. Web. 3 Oct. 2012. <http://truth-out.org/buzzflash/commentary/item/11719-the-right-wing-threat-to-democracy>.
(After early careers in aircraft electronics with Trans World Airlines and as a CPA, Burt Hall joined the U.S. Accountability Office where he served as Group Director on national security and other matters. He was loaned twice for two years, once to a bipartisan congressional commission and later to the Reagan White House. He is the author of The Right-Wing Threat to Democracy, www.renewingourdemocracy.com. The book contains thirty-three corrections to flaws in our system of government, along with thoughts on reconstituting a more effective Republican Party. He also coauthored Misuse of Power with Ed Asner and How the Experts Win at Bridge with his wife, Lynn Hall.)

Advantage: China Trade-off
Natural gas trades off with coal, workable bridge to renewables
 Atlantic SEP 17 2012, 10:42 AM ET

U.S. coal companies looking to export to China in squo because of tradeoff, but this is a last ditch strategy to save a dying industry.
de Place 11 (Eric de Place: Senior researcher, has investigated a wide range of research topics for Sightline, from property rights in Oregon, to regional climate policies. Before coming to Sightline, he worked for the Northwest Area Foundation developing strategies to alleviate poverty in rural communities. Sightline Institute is a not-for-profit research and communications center—a think tank—based in Seattle. Sightline’s mission is to make the Northwest a global model of sustainability—strong communities, a green economy, and a healthy environment.)(September 2011 Sightline Institute. “Northwest Coal Exports” http://www.sightline.org/wp-content/uploads/downloads/2012/02/coal-FAQ.pdf)

However, even a risk of delay in switching from coal to natural gas risks committing to coal for the next half-century. Our impact has the most immediate time-frame.
Power 12(Dr. Thomas M. Power, University of Montana, Professor Emeritus)(“The Greenhouse Gas Impact of Exporting Coal from the West Coast” http://www.sightline.org/wp-content/uploads/downloads/2012/02/d to commitments to morCoal-Power-White-Paper.pdf)

Chinese emissions lead to extinction
Nagle 11

Aff plan solves three reasons.
1) The rapid increase in natural gas production means U.S. coal production has dropped sharply and won’t recover for some time, which means the U.S. has less coal to ship China.
Hohmann 2012.Hohmann, George. "Coal producers hurt by takeovers." Bloomberg News 30 Aug. 2012. Web. 3 Oct. 2012. <http://www.dailymail.com/Business/201208290172?page=1&build=cache>.
2) China models U.S. development in natural gas. Chinese tradeoff is directly correlated to U.S. tradeoff. Plan means Chinese demand for coal drops.
Chen and Ma 2012.Chen, Sarah, and Wayne Ma. "China To Short List Companies For Second Shale-Gas Tender By July -Official." ADVFN.N.p., 25 Mar. 2012. Web. 1 Sept. 2012.

3) China’s coal production is insufficient to fuel itself;coal industry is completely reliant on U.S. imports. Trade-off in U.S. and China shuts down U.S. exports to China.
Plumer 12(Brad Plumer is a reporter focusing on energy and environmental issues. He was previously an associate editor at The New Republic.)“How the U.S. could influence China’s coal habits — with exports” http://www.washingtonpost.com/blogs/ezra-klein/post/can-the-united-states-influence-chinas-coal-habits/2012/05/01/gIQAgqUpuT_blog.html

With domestic and international supply down, as well as demand, the coal industry will die. It’s dying already, but state bans are a barrier to trade-off. Removing the ban hammers the final nail in the coffin of the coal industry.

Guar Advantage

Guar Prices Low Now.
Gebrekidan 12 (Selam Gebrekidan- Rueters  “After first-half ambush, drillers find respite in guar wars”  Fri Jul 20, 2012 http://www.reuters.com/article/2012/07/20/us-shale-fracking-guar-idUSBRE86J05520120720 DATE ACCESSED: 9/9/12) TM

Dolan 12 (Ed Dolan Will Fracking Enrich India’s Guar Farmers? Or America’s? July 23rd, 2012 http://www.economonitor.com/dolanecon/2012/07/23/will-fracking-enrich-indias-guar-farmers-or-americas/ DATE ACCESSED: 9/9/12) TM

Guar price increase helps the worst off in the global economy
NYT 1 July 16, 2012 (http://www.nytimes.com/2012/07/17/world/asia/fracking-in-us-lifts-guar-farmers-in-india.html?pagewanted=2)
LORDI, India — Sohan Singh’s shoeless children have spent most of their lives hungry, dirty and hot. A farmer in a desert land, 

Guar gives significance to the otherwise-irrelevant in the global market.
NYT 2 July 16, 2012 (http://www.nytimes.com/2012/07/17/world/asia/fracking-in-us-lifts-guar-farmers-in-india.html?pagewanted=2) 

No alternative to guar price increase for improving region’s standard of living
NYT 3 July 16, 2012 (http://www.nytimes.com/2012/07/17/world/asia/fracking-in-us-lifts-guar-farmers-in-india.html?pagewanted=2) 

NYT 5 July 16, 2012 (http://www.nytimes.com/2012/07/17/world/asia/fracking-in-us-lifts-guar-farmers-in-india.html?pagewanted=2) 

Impact sustainable if America stays in fracking market
NYT 6 July 16, 2012 (http://www.nytimes.com/2012/07/17/world/asia/fracking-in-us-lifts-guar-farmers-in-india.html?pagewanted=2) 

Poverty is the equivalent to a thermonuclear war between Russia and the US – this systemic impact is bigger and more probable than any war
James Gilligan, Department of Psychiatry at Harvard Medical School, 2000 edition, Violence: Reflections on Our Deadliest Epidemic, p. 195-196

2AC vs Elections

1. Aff plan doesn’t link to elections/politics. Courts don’t link to politics- shielded from political pressure.
   Ward 9
   Artemus, Professor @ NIU, Political Foundations of Judicial Supremacy, Congress and The Presidency, pg. 119

2. The perm on the CP doesn’t link to politics
O’Brien 2k - Professor of Government and Foreign Affairs at the University of Virginia (David, Storm Center: The Supreme Court in American Politics _{p. 340-341)}

3. Courts don’t link to politics- avoids political fallout
Whittington 05 - Professor of Politics - Princeton University (Keith E., "Interpose Your Friendly Hand: Political Supports for the Exercise of Judicial Review by the United States Supreme Court”, The American Political Science Review, Nov., (99)4, p. 583)

2AC vs Russian Oil DA

2) United States Natural Gas Production challenged the corrupt production of Russia’s natural gas production and kills Putin’s monopoly and his political influence
Editorial Board 9/25/12 (The Washington Post) “U.S. gas exports could limit Putin’s influence” http://www.washingtonpost.com/opinions/us-natural-gas-exports-could-limit-vladimir-putins-influence/2012/09/25/e949342c-0691-11e2-858a-5311df86ab04_story.html

3)  EU concerned over Russia’s Gazprom price control
RT News 9/9/12  “'Russia won’t fund EU political influence in Eastern Europe' – Putin” http://rt.com/news/putin-eastern-europe-alimentation-695/ 

4)  Gazprom and Russian foreign policy are intertwined
Vakulenko 8/29/12 (Darya Vakulenko, Research Associate at Council on Hemispheric Affairs) “Economic Cold War: Russia And US Battle For Influence In Western Hemisphere – Analysis” http://www.eurasiareview.com/29082012-economic-cold-war-russia-and-us-battle-for-influence-in-western-hemisphere-analysis/

5) US bears no threat to Russian natural gas dominance in Latin America
Vakulenko 8/29/12 (Darya Vakulenko, Research Associate at Council on Hemispheric Affairs) “Economic Cold War: Russia And US Battle For Influence In Western Hemisphere – Analysis” http://www.eurasiareview.com/29082012-economic-cold-war-russia-and-us-battle-for-influence-in-western-hemisphere-analysis/

6) Cheap US Natural Gas prices benefits Asian and has no long term effect on Russian market
Anischuk 9/24/12 (Alexei Anishchuk)“Russia's TMK expects U.S. gas export boom” http://www.reuters.com/article/2012/09/24/us-russia-summit-tmk-idUSBRE88N0MB20120924

2AC vs States

1. Turn: CP causes a race to the Bottom - states will cheat and dodge any uniform energy policy. Impact is less environmental protection as states lower standards to attract business.
   Graham ’98 (Mary, Brookings Institute, “Environmental Protection & the States: ""Race to the Bottom"" or ""Race to the Bottom Line""?” Winter, http://www.brookings.edu/research/articles/1998/12/winter-environment-graham, TGA)
   2. Environmental regulations key to prevent environmental destruction, environmental destruction leads to a global rash of interstate and civil wars
   Homer-Dixon 1998. Thomas Homer-Dixon, assistant professor of political science and director of the Peace and Conflict Studies Programme at the University of Toronto, associate fellow of the Canadian Institute for Advanced Research, 1998, World Security: Challenges for a New Century, Third Edition, edited by Michael Klare and Yogesh Chandrani, p. 342-3
   
   6. State regulations are pre-empted by federal action, this means aff or perm solves best because federal action is key.
   Gutkin ’11 (Sonia, Center for Real Estate Studies at New York Law School, “Federal Preemption Issues Remain Unresolved,” 7/14, http://californiagreenbuildingblog.com/2011/07/14/federal-preemption-issues-remain-unresolved/, TGA) 

7. Perm NetBenefit: State laws are a barrier to federal regulation and cause confusion. Our argument is that proper control of the fracking industry should be done through congress. Having Supreme Court rule and states repeal is the best way to legitimize federal regulation.
Hunt ’12 (Gary, Oil Price, “Federal Rules Threaten to Suffocate the Fracking Industry,” 5/27, http://oilprice.com/Energy/Natural-Gas/Federal-Rules-Threaten-to-Suffocate-the-Fracking-Industry.html, TGA) 

1AC

Global Warming
Anthropogenic CO2 is the driving force of global warming. Even the skeptics can’t disprove.
Drum, 2012 (Kevin, “Berkeley Earth Project Says Carbon Dioxide is Causing Global Warming,” Mother Jones, July 30, 2012 MG)
It’s possible to stabilize the climate long-term – even if emissions peak in 2014
Huntingford et al, 2012 (Chris, Centre for Ecology and Hydrology, Benson Lane, and Jason A Lowe, Laila K Gohar, Niel H A Bowerman, Myles R Allen, Sarah C B Raper and Stephen M Smith; “The link between a global 2C warming threshold and emissions in years 2020, 2050 and beyond,” Environmental Research Letters, March 26, 2012 MG)
A sustainable alternative to cheap fossil fuels is necessary to avoid collapse
Hargraves an Moir 2010. Hargraves, Robert, and Raplh Moir. "Liquid Fluoride Thorium Reactors." American Scientist 98 Aug. (2010). Web. 20 Oct. 2012.

Paleoclimate data indicates the tipping point is around a 2 degree Celsius increase before dangerous change.
Hansen et. Al, 2012 (James, NASA Goddard Institute for Space Studies and Columbia University Earth Institute, and Pushker Kharechaa, Makiko Satoa, Frank Ackermanb, Paul J. Heartyc, Ove Hoegh-Guldbergd, Shi-Ling Hsue, Fred Kruegerf, Camille Parmesang, Stefan Rahmstorfh, Johan Rockstromi, Eelco J. Rohlingj, Jeffrey Sachsk, Pete Smithl, Konrad Steffenm, Lise Van Susterenn, Karina von Schuckmanno, James C. Zachosp; “Scientific Case for Avoiding Dangerous Climate Change to Protect Young People and Nature,” Proceedings of the National Academy of Sciences, March 23, 2012, http://arxiv.org/abs/1110.1365v3 MG)
Increase in global temperature results in war and famine.
The Futurist, 2008 (Climate Changes and Global Conflicts, Vol. 42 Issue 2, p 6-7
Solving warming requires switching to a non-carbon emitting fuel. Renewables don’t solve, nuclear does.
Martin 2012. Martin, Richard. Super Fuel" Thorium, the Green Energy Source for the Future. New York, NY: PALGRAVE MACMILLAN, 2012. 1-242. Print.
Natives
However, nuclear waste is dumped on those who don’t have the political power to stop the energy companies
Uranium harms native populations.
Knudsen 1996. Knudsen, Andreas. "Native Americans Bear the Nuclear Burden." National
Uranium poisons the land, the animals, and the people.
Peirce 2007. Pierce, Shelley. "Radiation Warning Signs Placed on Cheyenne River." Native American Times 29 July 2007. Web. 16 Jan. 2013

Uranium perpetuates institutionalized environmental racism in a form of colonialism
Bullard 2002. Bullard, Robert D. "POVERTY, POLLUTION AND ENVIRONMENTAL RACISM: STRATEGIES FOR BUILDING HEALTHY AND SUSTAINABLE COMMUNITIES." Environmental Justice Resource Center. Atlanta University, 2002. Web. 16 Jan. 2013.
Rejecting racism and the oppression of persons is an unyielding ethical duty. The ethical choice supersedes and informs the political choice.
Memmir 97. Memmi, Professor Emeritus of Sociology at the University of Paris, 1997
[Albert, RACISM, p. 165 (DRGCL/B1046)]

Thorium Solves
Shift from uranium to Thorium-based Nuclear is critical to meet clean energy needs and reduce CO2.
Martin 5/08/2012 (Richard, Award-winning science and technology journalist; contributing editor for Wired, Time, Fortune, The Atlantic, the Asian Wall Street Journal, Martin's December, 2009 Wired story on thorium catalyzed the thorium power revival. Educated at Yale and the University of Hong Kong, SuperFuel: Thorium, the Green Energy Source for the Future (Macsci  13-14).

Thorium is a superior fuel to uranium.
Derbyshire 2011. Derbyshire, David. "Thorium could replace uranium to provide a reliable source of energy. Even environmentalists are backing it,." The Sunday Times 10 Sept. 2011. Print.
Thorium reactors are preferable to uranium reactors
because 1) they can’t meltdown, 2) they produce was much fuel as they consume, 3) they can consume existing Uranium waste, 4) the waste produced is less hazardous and 5) their byproducts cannot be used to make a bomb.
Martin 2012. Martin 2012. Martin, Richard. Super Fuel" Thorium, the Green Energy Source for the Future. New York, NY: PALGRAVE MACMILLAN, 2012. 1-242. Print
Plan Text:
My Partner and I advocate that the United States Federal Government should overhaul the NRC to streamline the licensing process and favor the approval of new Liquid Fluoride Thorium Reactors.

Framework
Reflection on the content of policy is necessary because debate is a “learning moment” in policy theory
Glasbergen 1996. Glasbergen, Pieter. "Learning to manage the environment." Democracy and the Environment. Ed. William M. Lafferty and james Meadowcroft. Brookfield, VT: Edward Elgar Publishing Company, 1996. 175-93. Print.
Our framework allows for a different type of learning process that values active social participation. Environmental problems are best addressed through our framework of policy debate.
Glasbergen 1996. Glasbergen, Pieter. "Learning to manage the environment." Democracy and the Environment. Ed. William M. Lafferty and james Meadowcroft. Brookfield, VT: Edward Elgar Publishing Company, 1996. 175-93. Print.