Tournament:  | Round:  | Opponent:  | Judge:
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=trueandrisb=21_T15382558481andformat=GNBFIandsort=RELEVANCEandstartDocNo=1andresultsUrlKey=29_T15382558487andcisb=22_T15382558486andtreeMax=trueandtreeWidth=0andcsi=237442anddocNo=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=1andbuild=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.