Greenhouse Gases, and Other Hot Air

In American Electric Power Co. v. Connecticut, the Supreme Court is faced with the next, inevitable step in a line of climate change litigation including, most notably, Massachusetts v. EPA in 2007.  The case includes, as did Massachusetts, a jurisdictional question of whether the plaintiff states and land trusts have standing, either under Article III or under the “prudential” principles of standing.  Perhaps of broader interest, however, is the substantive question facing the Court, which is whether, in light of the powers vested in the Environmental Protection Agency under the Clean Air Act, a federal common law public nuisance claim is the proper course by which to seek redress for the rise in global temperatures to which the defendants are alleged to be substantial contributors.

The power companies’ and the government’s positions in this case are mostly aligned, in that both seek to have the complaint dismissed, although on slightly different jurisdictional grounds. 

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Will Three- and Four-Year-Olds Keep Free Busing to Kindergarten?

Carrying broad and deep cuts, including almost 1,000 fewer employees, the budget proposed for Milwaukee Public Schools for next year has left at least one member of the School Board, Annie Woodward, suggesting that the board should just refuse to pass the budget. It may seem tempting to other members, but the board is nonetheless on track to approve a budget soon.

Amid all the cuts, one proposal that has attracted particularly strong opposition in public hearings: Eliminating free busing for three- and four-year-old kindergartners. Representatives of Montessori schools and the Starms Early Childhood Center have passionately argued for the importance of starting children in their programs at early ages. Busing is critical to getting the young children to school, they argue. School administrators estimate that there will be more than 2,700 three- and –four-year-olds bused next year, based on current practices.  

Board members are clearly sympathetic to keeping the busing. Two amendments to restore it will be considered at a meeting tonight. There’s one major problem: Neither of the proposals specifies where to come up with the almost $2 million to cover the tab for the young kids. The budget already calls for spending the most MPS can spend legally.

Official information on a proposed budget amendment from board members Terry Falk and Peter Blewett simply says, “$1,942,569 needs to be identified to fund this amendment.” An amendment proposed  by board member Larry Miller favors charging families for the busing, unless the children qualify for free or reduced price lunch. The proposal does not estimate how that might work and, as MPS budgeters said in their comments, “Further investigation is needed on legality of charging for transportation.”  

Overall, MPS has been trying for years to cut the amount it spends on busing. The figure hung around $60 million for quite a while, but has been dropping. For 2009-10, it was $56.8 million. The budget for this school year is $55.1 million. Including eliminating the three- and four-year-olds from busing, the proposed amount for next year is $51.3 million. That’s a little under 5% of the total MPS budget.

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National Momentum for School Vouchers

A couple years ago, I would have said that the growth prospects for school voucher plans were not  good. Proposals to allow students to attend private and religious schools using public money had died in several states, court rulings had not been favorable in places such as Florida where there were strongly worded constitutional bans (“Blaine amendments”) on giving public money to religious schools, research on student achievement in Milwaukee, the nation’s main show case of voucher use, had shown nothing impressive, and  Congress had pulled the plug on a voucher program in Washington, D.C.

The landscape is much different now, thanks primarily to the 2010 elections and the wave of Republican victories.

There’s legislative action on multiple fronts in Wisconsin. Bills to lift the enrollment cap on Milwaukee’s voucher program and to allow suburban schools to accept city of Milwaukee voucher students are moving ahead. A proposal to phase out the family income limits for voucher recipients has brought  controversy and seems likely to morph into raising, but not eliminating, the income standard. And this week, Gov. Scott Walker said he supports expanding the program to include Racine, Beloit, and Green Bay.

It is useful to put the local developments in national context. Here are three examples of what’s going on:

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