Thomas-Morrison-Alvarez 1ACs

1AC Georgia

Contention One is Runaway Warming:
It’s here – Recent, peer-reviewed, statistical model indicates its human-induced and not too late to act
Hansen, NASA Goddard Institute for Space Studies Director, 8-3-12
[James E., "Climate change is here — and worse than we thought," http://www.washingtonpost.com/opinions/climate-change-is-here--and-worse-than-we-thought/2012/08/03/6ae604c2-dd90-11e1-8e43-4a3c4375504a_story.html]

When I testified before the Senate...The future is now. And it is hot.

Our science is the most sophisticated – Observational statistics is preferable to climate modeling
Ritz, 8-4-12
[Erica, "‘We Are Wasting Precious Time’: Influential NASA Scientist Urges Government Action on ‘Climate Change’", http://www.theblaze.com/stories/we-are-wasting-precious-time-influential-nasa-scientist-says-government-must-take-action-on-climate-change/]

In a blunt departure from most...occurring and that it is harmful.”
ERR AFF – Even if climate models have limitations, overall trends suggest negative feedback won’t offset global warming
Aurelie and Vlad, Lund University, 1-8-2012
[Bachy and Privulescu, "Terrestrial and marine carbon uptake in the future: can we extrapolate today's situation?," http://www.nateko.lu.se/courses/ngen03/projects%202011/Bachy%20Pirvulescu.pdf]

Modeling the carbon cycle is a daring ...high rate during the 21st century
Warming causes global war – increases miscalc and negates inherent checks against conflict
Harvey, 11 – (Fiona, environmental correspondent at The Guardian quoting Chris Huhne, UK  Secretary of State for Energy and Climate Change, first class degree in philosophy, politics, and economics from Oxford University ,“ Climate change will increase threat of war, Chris Huhne to warn,” 7/6/11, http://www.guardian.co.uk/environment/2011/jul/06/climate-change-war-chris-huhne, JPL)
 Climate change will lead to an increased ...threats to the security of energy supplies.
Unchecked warming results in extinction.
Roberts, Grist Staff Writer, 7-9-12
[David, "Strategies for a Changing Planet: Awareness", http://www.popsci.com/science/article/2012-06/climate-change-here-its-time-get-ready]

There is no longer any question...climate change. We must do both.
Plan solves - Indian wind power would green the US economy and curb GHG emissions
Unger, 2010
[Kathleen R., J.D. Candidate, "Change is in the Wind: Self-Determination and Win Power Through Tribal Energy Resource Agreements," Loyola Law School Los Angeles, www.tribesandclimatechange.org/docs/tribes_24.pdf] 

On Earth Day 2009, President Barack ...power far outweigh those concerns.
Contention Two is Hegemony:
U.S. failure to transition from oil dependency to green energy ensures primacy collapse – sparks great power wars and global instability
Klarevas, New York University Center for Global Affairs Professor, 2009
[Louis, "Securing American Primacy While Tackling Climate Change: Toward a National Strategy of Greengemony," http://www.huffingtonpost.com/louis-klarevas/securing-american-primacy_b_393223.html, accessed: 9-2-12]

As national leaders from around the world...promote a national strategy of greengemony.
Leadership collapse causes global nuclear instability
Kagan 2011 (Robert, Senior Associate – Carnegie Endowment for International Peace, “The Price of Power”, The Weekly Standard, 1-24, http://www.weeklystandard.com/articles/price-power_533695.html?nopager=1)

Today the international situation is...the table will not fall over.
Primacy has resulted in the lowest level of war in history – best stats prove
Owen 2011 (John – professor of politics at the University of Virginia, Don’t Discount Hegemony, p. www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/)

Andrew Mack and his colleagues... liberal democracy remains strong.
Plan weans U.S. off of foreign fossil fuel dependency
Kronk, Texas Tech University Law School Assistant Professor, 2012
[Elizabeth Ann, "Tribal Energy Resource Agreements: The Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform," digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1705&context=pelr] 

Today, escaping stories of political ...accompanies the leasing of Tribal resources.

thus, the plan
The United States federal government should establish a transferable production tax credit available to American Indian tribes for wind energy projects.  

Contention Three is Solvency:
Tribal tax-free status prevents eligibility for tax credits – only a transferable production tax credit attracts mass corporate investment for wind projects while ensuring tribal ownership – key to curb U.S. carbon emissions
Shahinian, 2008
[Mark, J.D. University of Michigan, The tax man cometh not: hwo the non-transferability of tax credits harms indian tribes," American indian law review, 32 AM. Indian L. Rev. 267, lexis law, accessed: 8-17-12]

I. Introduction¶ "The power to tax ...production facility on the reservation.
Tribal wind technology spills-over nationally – allows wind to be perfected
Sullivan, 2010
[Bethany, J.D. Candidate, University of Arizona James E. Rogers College of Law., "Changing Winds: Reconfiguring the Legal Framework for Renewable-Energy Development in Indian Country," Arizona Law Review, 52 Ariz. L. Rev. 823., Lexis, accessed: 8-14-12]

Additionally, studies indicate that reservation land...as state governments - can learn
This ensures international engagement and collaboration – Plan generates foreign policy goodwill to spread effective wind technology globally
Fry, University of Colorado Law School J.D., 2008
[Christopher W., "Harvesting the Sky: An Analysis of National and International Wind Power," Colorada Journal of International Environmental Law and Policy, 19 COLO. J. INT'L ENVTL. L. & POL'Y 427, summer 2008, lexis, accessed: 8-14-12]

B. Political Environment
Many factors suggest that ...hydrocarbon energy production infrastructure
U.S. international engagement garners climate leadership – solves global warming
Ban Ki-Moon, Secretary General of the United Nations, 10/25/2009.  NY Times, “We Can Do It,” http://www.nytimes.com/2009/10/26/opinion/26iht-edban.html

Every day, the critical December ...Graham: “Yes, we can.”
Expert consensus concludes wind power effectively curbs emissions – contrary evidence comes from bias hacks
Gross, Centre for Energy Policy and Technology, 1-9-12
[Dr. Robert, Senior Lecturer in Energy and Environmental Policy at Imperial, runs the Technology and Policy Assessment theme of UK Energy Research Centre (UKERC) and has a long standing interest in the costs of energy technologies and in the issue of 'intermittency'.,"Are wind turbines increasing carbon emissions?”, http://www.guardian.co.uk/environment/blog/2012/jan/09/wind-turbines-increasing-carbon-emissions, accessed: 8-23-12]

12.54pm: I have received this reaction ...step with the scientific consensus.
Best data concludes AFF on wind power – observational stats – not modeling – proves skeptics wrong – answers all of their warrants¶
Goodall and Lynas, 9-26-12¶ [Chris Goodall is a businessman, author and climate change expert. He is the aothor of Ten Technologies to Save the Planet and Mark Lynas is a freelance writer working full-time on climate change, "It's a myth that wind turbines don't reduce carbon emissions," www.guardian.co.uk/environment/blog/2012/sep/26/myth-wind-turbines-carbon-emissions]¶
Conclusive figures show that the...and the data is very clear.

1AC Courts
Advantage 1:  Environment
() Air pollution is rampant worldwide—we’re specifically losing the battle against acid rain:
Joseph Masilamany, 2/15/2013 (staff writer, “Air-pocalypse in the making,” http://www.freemalaysiatoday.com/category/business/2013/02/15/air-pocalypse-in-the-making/, Accessed 2/18/2013, rwg)
PETALING JAYA: The world is...more than US$5 billion a year.
Acid rain threatens extinction:
John E. Carroll, 1989 (Environmental Conservation Program at the University of New Hampshire, October 1989, “The Acid Challenge to Security,” Bulletin of the Atomic Scientists, accessed via google books, February 18, 2013, rwg)
The question is how...hangs in the balance.
Air pollution THREATENS BILLIONS OF PEOPLE:  
Roberts, 2002 Earth Policy Insitute, September 17, 2002
(http://www.earth-policy.org/Updates/Update17.htm)
In the United States...billions of people.
New satellite date confirms the Earth is facing severe water shortages:
Daily Mail, 2/13/2013 (“Warnings of severe water shortages in the Middle East after satellites show freshwater reserves the size of the Dead Sea have dried up,” http://www.dailymail.co.uk/sciencetech/article-2278040/Nasa-warn-freshwater-shortages-Middle-East-study-shows-diminished-reserves.html, Accessed 2/18/2013, rwg)
Vast freshwater reserves nearly...
major drought in 2007.
There will be no cooperation over declining water resources—the lack of agreement on international law prevents:
Daily Mail, 2/13/2013 (“Warnings of severe water shortages in the Middle East after satellites show freshwater reserves the size of the Dead Sea have dried up,” http://www.dailymail.co.uk/sciencetech/article-2278040/Nasa-warn-freshwater-shortages-Middle-East-study-shows-diminished-reserves.html, Accessed 2/18/2013, rwg)
The study, which will be published...interpretations of international laws.'
Impending water shortages threaten human survival:
Miriam C. Nagel, 2013 (“Water Shortages,” http://www.highbeam.com/topics/water-shortages-t25820, Accessed 2/18/2013, rwg)
There is no shortage of water...particularly in densely populated regions.
The ozone layer is depleting fast—the shifting of the Southern Hemisphere jet stream proves this is true:
Science Daily, 1/31/2013 (“Ozone Depletion Trumps Greenhouse Gas Increase in Jet-Stream Shift,” http://www.sciencedaily.com/releases/2013/01/130131144339.htm, Accessed 2/18/2013, rwg)
Jan. 31, 2013 — Depletion of Antarctic ozone...the shift using observational data.
Ozone depletion threatens human survival:
Marc A. Levy, 1992 (doctoral candidate @ Harvard, “Institutions for the Earth,” http://www.ciesin.org/docs/003-001/003-001.html, Accessed 2/18/2013, rwg)
National political agendas should...rather than because of, the institution.
Advantage 2:  Earth Jurisprudence
() A new jurisprudence must be created to constrain damage within ecologically sustainable limits—the failure to do so leads to extinction:
Sister Patricia Siemen, 2008 (Executive Director, Center for Earth Jurisprudence,
 “INTRODUCTION: EARTH JURISPRUDENCE: TOWARD LAW IN NATURE'S BALANCE,” Barry Law Review, Fall 2008, Lexis, Accessed 2/17/2013, rwg)
Joseph Guth, n48 attorney...contribute to ecological degradation?" n52
A robust Earth jurisprudence is necessary to prevent multiple scenarios for extinction:
Sister Patricia Siemen, 2008 (Executive Director, Center for Earth Jurisprudence,
 “INTRODUCTION: EARTH JURISPRUDENCE: TOWARD LAW IN NATURE'S BALANCE,” Barry Law Review, Fall 2008, Lexis, Accessed 2/17/2013, rwg)
Ultimately, Earth jurisprudence...
humankind, but as subjects, as ends in themselves.
Hunger outweighs extinction level claims:

Watson 77 (Richard, Professor of Philosophy at Washington University, World Hunger and Moral Obligation, p. 121-123)

Given that the human species...equally is “impractical” and “irrational.”
Earth jurisprudence is key to survival—the law and the role of the individual are crucial in creating this ethic:
Sister Patricia Siemen, 2008 (Executive Director, Center for Earth Jurisprudence,
 “INTRODUCTION: EARTH JURISPRUDENCE: TOWARD LAW IN NATURE'S BALANCE,” Barry Law Review, Fall 2008, Lexis, Accessed 2/17/2013, rwg)
Nor is my hope in the...the discussions in this issue some thought.
Observation 1 is Solvency
() Expert consensus concludes wind power effectively curbs emissions – contrary evidence comes from biased hacks
Gross, Centre for Energy Policy and Technology, 1-9-12
[Dr. Robert, Senior Lecturer in Energy and Environmental Policy at Imperial, runs the Technology and Policy Assessment theme of UK Energy Research Centre (UKERC) and has a long standing interest in the costs of energy technologies and in the issue of 'intermittency'.,"Are wind turbines increasing carbon emissions?”, http://www.guardian.co.uk/environment/blog/ 2012/jan/09/wind-turbines-increasing-carbon-emissions, accessed: 8-23-12]
12.54pm: I have received this reaction...of step with the scientific consensus.
Expansion of US wind power goes global and leads to cooperative development with other nations:
Fry, University of Colorado Law School J.D., 2008
[Christopher W., "Harvesting the Sky: An Analysis of National and International Wind Power," Colorada Journal of International Environmental Law and Policy, 19 COLO. J. INT'L ENVTL. L. & POL'Y 427, summer 2008, lexis, accessed: 8-14-12]
B. Political Environment...hydrocarbon energy production infrastructure. n74
U.S. international engagement garners international leadership to solve emissions:
Ban Ki-Moon, Secretary General of the United Nations, 10/25/2009.  NY Times, “We Can Do It,” http://www.nytimes.com/2009/10/26/opinion/26iht-edban.html
Every day, the critical December summit... and Graham: “Yes, we can.”
Wind power solves acid rain:
Mike Williams, accessed 2013 (“Positive & Negative Facts About Wind Energy,”  Accessed 2/18/2013, http://greenliving.nationalgeographic.com/positive-negative-wind-energy-2715.html, rwg)
Wind is a form of solar...the world. (See References 1, 2)
Wind energy solves water shortages:
Windustry, 2012 (“Why Wind Energy?” http://www.windustry.org/wind-basics/why-wind-energy, Accessed 2/18/2013, rwg)
 · Clean Water: Turbines produce...more water with coal than wind.
Recognizing the rights of nature in the law will create an Earth jurisprudence:
Monica A. Mercer, 2007 (Center for Earth Jurisprudence, “LEGISLATING EARTH JURISPRUDENCE:  AN EXAMINATION OF ENFORCEMENT UNDER INTERNATIONAL, FEDERAL AND STATE LAWS,   http://earthjuris.org/wp-content/uploads/2011/05/spring2007-Mercer.pdf, Accessed 2/17/2013, rwg)
Cultural historian, Thomas Berry,...environmental laws we pass.
Linking human rights to the right of ecosystems creates a precedent for a new form of jurisprudence:
Sister Patricia Siemen, 2008 (Executive Director, Center for Earth Jurisprudence,
 “INTRODUCTION: EARTH JURISPRUDENCE: TOWARD LAW IN NATURE'S BALANCE,” Barry Law Review, Fall 2008, Lexis, Accessed 2/17/2013, rwg)
Donald Goldberg, n46 attorney...coexist in a mutually enhancing manner.  
Observation 2 is Court Action is Critical
() A successful transition to wind power both domestically and internationally requires the dismissal of aesthetic restrictions on wind—court action is uniquely key:
Stephen Harland Butler, 2009 (J.D., University of California, Berkeley, School of Law, “Comment: Headwinds to a Clean Energy Future: Nuisance Suits Against Wind Energy Projects in the United States,” California Law Review, October 2009, 97 Calif. L. Rev. 1337, Lexis, Accessed 2/18/2013, rwg)
This Comment has already identified...level before finding them to be unreasonable.
Reducing nuisance claims is crucial to speeding the development of wind energy:
Ryan Kusmin, 2011 (J.D. Candidate (2011), Washington University School of Law, Washington University Law Review, 88 Wash. U. L. Rev. 707, “SUCKING THE AIR OUT OF WIND ENERGY: NUISANCE LITIGATION AND ITS EFFECT ON WIND ENERGY DEVELOPMENT,” Lexis, Accessed 2/19/2013, rwg)
Wind energy is a clean...and dependence on foreign oil. n22
Certainty in the law is both essentially for investments in wind energy and an acceptable level of public support for wind:
Ernest Smith, 2007 (Rex G. Baker Centennial Chair in Natural Resources Law, University of Texas School of Law, Environmental & Energy Law & Policy Journal, 1 Envt'l & Energy L. & Pol'y J. 281, “ARTICLE: WIND ENERGY: SITING CONTROVERSIES AND RIGHTS IN WIND,” Accessed 2/17/2013, rwg)
The rapid growth of the...gain the benefits of wind energy.
Other democracies will model the Supreme Court decision:
LUÍS ROBERTO BARROSO, 2012 (Professor of Constitutional Law, Rio de Janeiro State University, Spring, 2012, Boston College International and Comparative Law Review, 35 B.C. Int'l & Comp. L. Rev. 331, L/N, “HERE, THERE, AND EVERYWHERE: HUMAN DIGNITY IN CONTEMPORARY LAW AND IN THE TRANSNATIONAL DISCOURSE,” rwg)
In recent years, constitutional...any other exchange, a two-way street.
The plan’s recognition of the interdependence of all living things makes it a model for Earth jurisprudence:
Sister Patricia Siemen, 2008 (Executive Director, Center for Earth Jurisprudence,
 “INTRODUCTION: EARTH JURISPRUDENCE: TOWARD LAW IN NATURE'S BALANCE,” Barry Law Review, Fall 2008, Lexis, Accessed 2/17/2013, rwg)
One must have standing to...protect Earth's long-term health.
Laws are necessary to create the social ethic to protect nature:
Monica A. Mercer, 2007 (Center for Earth Jurisprudence, “LEGISLATING EARTH JURISPRUDENCE:  AN EXAMINATION OF ENFORCEMENT UNDER INTERNATIONAL, FEDERAL AND STATE LAWS,”  http://earthjuris.org/wp-content/uploads/2011/05/spring2007-Mercer.pdf, Accessed 2/17/2013, rwg)
Deer still wander...restore our environment.
Plan
The United States Supreme Court should clarify the decision in Burch v. NedPower Mount Storm by removing aesthetic and noise restrictions on wind power generation on the grounds that the aesthetic harm caused by wind power cannot supercede the environmental sustainability created by wind power.  Questions, ask.
Underview:  No Disads
() Wind tax credit was just renewed as part of the fiscal cliff deal:
Asher Price, 2/8/2013 (staff writer, “With federal tax credit renewed, new life breathed into wind industry,” http://www.statesman.com/news/news/with-federal-tax-credit-renewed-new-life-breathed-/nWKY4/, Accessed 2/17/2013, rwg)
Still, the Christmas contribution...smoothed the way for further development.
The Supreme Court will tackle numerous controversial issues this term:
Richard Wolf, 1/18/2013 (staff writer, “Abortion: 40 years later,” http://www.thenews-messenger.com/article/20130119/NEWS01/301190002/Abortion-40-years-later, Accessed 2/17/2013, rwg)
While many state laws...scholar at William & Mary Law School.
Courts already striking down environmental regs
Adler 12 [Jonathan H. Adler – JD, Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation, “Texas Wins Clean Air Act Fight with EPA,” March 28, 2012, http://www.volokh.com/2012/03/28/texas-wins-clean-air-act-fight-with-epa/]
The U.S. Court of Appeals...decision back to the agency.

1AC Sustainability
Contention One is extinction
Its coming at an accelerated rate – the plan is vital
Nelson, 2012
[Adam, is a research and communications intern with INESAD, the Institute for Advanced Development Studies fosters the leading research on global sustainable development, "We try to protect the biosphere, but what about the Ethnosphere?” http://inesad.edu.bo/developmentroast/2012/11/we-try-to-protect-the-biosphere-but-what-about-the-ethnosphere/]

According to the Living Planet...benefits for a sustainable future.
Best method validates this trend – contrary claims are bias
McLean, 2010
[Kirsty Galloway, United Nations University Institute of Advance Studies Traditional Knowledge Initiative Researcher,  A compedium of case studies: Climate change impacts, adaptation, mitigation and indigenous peoples, www.ias.unu.edu/resource_centre/UNU_Advance_Guard_Compendium_2010_final_web.pdf]

INDIGENOUS OBSERVATIONS OF CHANGES...implemented within the next 10 years.
Environmentally unsustainable political structures make all conflict inevitable – best studies
Yoon, 2010
[Jong-Han, University of North Texas PhD., "Philosophy, Ecological sustainability and peace: The effect of ecological sustainability on interstate and intrastate environmental conflict," digital.library.unt.edu/ark:/67531/metadc30531/m2/1/high_res_d/dissertation.pdf]

Since the beginning of the 1990...along the ethnic or religious line. 4
Especially true for great power wars
Yoon, 2010
[Jong-Han, University of North Texas PhD., "Philosophy, Ecological sustainability and peace: The effect of ecological sustainability on interstate and intrastate environmental conflict," digital.library.unt.edu/ark:/67531/metadc30531/m2/1/high_res_d/dissertation.pdf]

According to the Heidelberg...interstate and intrastate level.
Environmental great-power wars guarantee nuclear use – resulting in extinction
Dyer, 12-30-2004
[Gwynne, PhD., London University Military History,  "The end of war," Toronto Star, accessed: lexis nexis]

War is deeply embedded...context of the existing state system.
Status quo policy-making over natural resources is ethically detached from the environment –– tribal worldviews provide the perfect cultural blueprint to preserve the planet from imminent destruction
Krakoff, 2008
 [Sarah, University of Colorado Law Professor, "American Indians, Climate Change, and Ethics for a Warming World”, Denver University Law Review, http://www.tribesandclimatechange.org/docs/tribes_15.pdf]

A. Sustainability: Remarrying Humans...occur in a zero-emissions world.
Furthermore, the current political decision-making calculus is premised upon the Doctrine of Discovery which privileges Western knowledge at the expense of incorporating indigenous worldviews – this epistemic injustice renders tribes less than human and enables serial policy failure
Tsosie, Arizona State University Willard H. Pedrick Distinguished Research Scholar and Law Professor, 2012
[Rebecca, "Indigenous People and Epistemic Injustice: Science, Ethics, and Human Rights," Washington Law Review, December 2012, 87 Wash. L. Rev. 113, Accessed: Lexis Law]

Why should American society...citizenship espoused by American democracy.
A wealth of scholarship substantiates the terminal impact – the plan rapidly changes the national calculus of environmental policy decision-making and is modeled internationally – creates the conditions for human survival
Tsosie, Arizona State University Law Professor, 2009
[Rebecca, Willard H. Pedrick Distinguished Research Scholar, and Executive Director of the Indian Legal Program at the Sandra Day O'Connor College of Law at Arizona State University,  "CLIMATE CHANGE, SUSTAINABILITY AND GLOBALIZATION: CHARTING THE FUTURE OF INDIGENOUS ENVIRONMENTAL SELF-DETERMINATION," Environmental & Energy Law & Policy Journal  4 Envt'l & Energy L. & Pol'y J. 188, lexis law, accessed: 8-17-12]

The emphases of international...sustainability for the lands that it holds sacred.
In the event that the plan is too late or is ineffective, the futility of trying to preserve the earth ought to be seen as a parallel to the futility that haunts our human existence – confronted with death, embracing an indigenous worldview is the perfect ethical response by allowing us to mingle with the metaphysical
Krakoff, 2008
[Sarah, University of Colorado Law Professor, "American Indians, Climate Change, and Ethics for a Warming World”, Denver University Law Review, http://www.tribesandclimatechange.org/docs/tribes_15.pdf]

B. The Futility of Ethical Convergence?
Global warming provides the over...we can only barely imagine.
Thus, the plan
The United States federal government should amend the internal revenue service tax code to establish a transferable production tax credit available to American Indian tribes for wind energy projects.  
Contention Two is Solvency – there are two internal links:

1. Double Taxation – Businesses are deterred from investing on tribal lands by the prospect of getting taxed by both the state and tribe – this decimates tribal decision-making calculus – only the plan solves
   Cowan, Boise State University Assistant Professor of Accountancy, 2005
   [Mark J., "DOUBLE TAXATION IN INDIAN COUNTRY: UNPACKING THE PROBLEM AND ANALYZING THE ROLE OF THE FEDERAL GOVERNMENT IN PROTECTING TRIBAL GOVERNMENTAL REVENUES," Pittsburgh Tax Review, Spring 2005, 2 Pitt. Tax Rev. 93, Lexis Law]

I. Introduction¶ The taxation of business...redress the double tax problem.
The specific mechanism is key – only preempting state tax through a Congressional tax code amendment to allow for tax credit transferability ensures tribal energy sovereignty
Sullivan, 2010
[Bethany, J.D. Candidate, University of Arizona James E. Rogers College of Law., "Changing Winds: Reconfiguring the Legal Framework for Renewable-Energy Development in Indian Country," Arizona Law Review, 52 Ariz. L. Rev. 823., Lexis, accessed: 8-14-12]

Tribal nations have been...development in Indian Country.