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Canadian woman allegedly strip searched at U.S. border sues

Strip-searched woman sues U.S. border guards
CBC – Fri, 11 Feb 2011
A woman from Stratford, Ont., has launched a $500,000 lawsuit in a U.S. federal court against two female U.S. border guards in Detroit.

In March 2010, Loretta Van Beek was travelling to Savannah, Ga., where she owns a small vacation home, when she was pulled over by customs agents at the Ambassador Bridge, across the river from Windsor, Ont.

Van Beek, 46, told CBC News she was sent to secondary inspection when customs officers found a few raspberries in her car that she'd forgotten to declare. After more than an hour of questions, Van Beek was told she was being denied entry on suspicion that she was living illegally in the U.S.

Van Beek said she was marched into a holding cell by two female agents and ordered to remove her shirt and stand spread-eagled against the wall.

"She was squeezing my nipples, etc., for a very long time, unnecessary attention," Van Beek said of one of the agents. "It was sexual — using her fingertips, not back of hand like you would expect."

Then she said the search became even more invasive.

"She ran her hands in my lower region," Van Beek said.

Van Beek claims the guard shoved her hand inside her genital area while the other officer watched.

"It was deviant behaviour by the officer, no other explanation," said Van Beek. "Saw a woman on her own — vulnerable."

She said they photographed her and took her fingerprints, then sent her back to Canada.

U.S. Customs and Border Protection wouldn't comment on Van Beek's case but said the rules state: "We rely upon the judgment of our individual CBP officers to use their discretion as to the extent of examination necessary. However, CBP officers are expected to conduct their duties in a professional manner and to treat each traveller with dignity and respect."
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A spokesperson said a strip-search is allowed when there is reason to believe someone is hiding something on his or her body, and the person has to be told the reason.

Van Beek said she wasn't given a reason.

The lawsuit documents were filed on Feb. 9, 2011.

Sensible investment: High-quality early childhood education

Best investment in tough times: High-quality early education
Source: Times Record
By Herb Paris and Glenn Hutchinson
Published: Friday, February 11, 2011 2:07 PM EST
Like many of their national colleagues, newly elected lawmakers in Maine face two major challenges: managing shrinking budgets and supporting policies that will strengthen America’s workforce and grow our economy. Maine’s ability to compete with our neighboring states as well as in the global international marketplace depends on both.

As the governor and legislators grapple with these tough questions, we encourage them to consider something that may not be obvious: greater investments in high-quality early childhood education. Such investments are a fiscally responsible way to reduce deficits long-term and produce big gains for children, our businesses and taxpayers. Lawmakers should have a serious conversation about protecting our current investments and, yes, increasing funding, for early childhood education.

In the near-term, greater investments in the early childhood sector returns monies immediately to local economies. The national business leaders’ group America’s Edge cites economic impact research that shows that for every dollar spent on early childhood, nearly two dollars is returned to the state economy.

Research shows that investing in early learning can increase academic achievement and reduce costs associated with grade retention and special education services. Nationwide, we’re spending more than $10,000 per pupil on special education programs — that’s roughly $50 billion per year.

Over a lifetime, investments in early childhood education generate big returns for all of us. According to research by Nobel laureate economist James Heckman, comprehensive birth-to-5 early childhood education is one of the most cost-efficient approaches to increasing education, health and economic outcomes and lowering the costs of remediation and social dependence. During the course of their lives, disadvantaged children who experience high-quality early learning programs are more likely to be healthier, more self-sufficient and less likely to enter the criminal justice system. Heckman estimates that those real cost savings add up to as much as a 10 percent annual economic return on investment — a solid performance in any market.

Unfortunately, it’s not clear a majority of lawmakers in Augusta or Washington, D.C., know and understand this. During the lame-duck session of Congress in late December, lawmakers passed a continuing resolution that puts 300,000 children at risk of losing their Head Start, Early Head Start and child care.

Federal Head Start, Early Head Start and Child Care and Development Block Grant programs provide early childhood care and education for 2.5 million American families. Like the foundation of a home, these programs can build the solid base from which all later cognitive and character skills will develop and thrive.

Success in school, college, career and life all start in the first years of life when the vast majority of our human brain is formed. At the same time, through interactions with parents, caregivers, and their peers, young children also develop the neurological brain circuitry for attentiveness, persistence, and teamwork — skills we need our young people to bring with them into our workplaces in the future. Cutting back on these programs represents a missed opportunity not only for the potential achievement of thousands of children, but for our local, state and national economies as well.

We urge policymakers in Washington to protect access to these important programs in both the current spending discussions as well as in contemplating a budget for FY 2012. In Maine, where 45,000 children live in poverty and one in four is low-income, the budget decisions our lawmakers make today will determine whether Maine’s at-risk children get the early childhood education they need to be prepared for school and life.

In tough economic times, families set priorities and focus on what matters most. Our elected officials should do the same. High-quality Head Start, Early Head Start and child care give at-risk children the early learning experiences they need for future success — and keep struggling low-income parents working today.
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Quick fixes to our current fiscal problems shouldn’t come at the expense of cost-efficient investments like early learning that help families now and build a foundation for economic prosperity in the future.

Herb Paris is president and CEO of Mid Coast Health Services. Glenn Hutchinson is president and CEO of Bath Savings Institution.

Auto review: The 2011 Porsche Cayenne

Feb. 12, 2011, 5:30 a.m. EST
Price tag aside, revamp of sporty SUV is easy to fall for
Source: Market Watch
DAMASCUS, Md. (MarketWatch) — Porsche’s Cayenne got a thorough going over for model year 2011. Not that the average person would notice.

The big changes to the came inside, where you’re faced with a center console that may leave you wondering if you’re driving a sport utility vehicle or piloting a small plane. That’s because of the 32 buttons on the center console, plus nine more overhead, and the four levers behind the steering wheel.

Those who have driven similar luxury sport utes in recent years should be able to decipher all those buttons rather quickly. However, if the love of your driving life has been a Porsche 911 that’s 8 or 10 years old, then the new console will present a challenge at first.

But fire up the V8 in our test Porsche /quotes/comstock/11i!poahy (POAHY 9.42, +0.11, +1.18%) /quotes/comstock/11e!fpah3 (DE:PAH3 69.56, +1.46, +2.14%) this week (the key start is on the left) and let’s head out and enjoy the engineering that went into this second-generation Cayenne.

It’s easy to fall in love with the 400 horsepower V8 that’s standard with the S model. Torque comes to 369 lb-ft at 3,500 so this rather hefty SUV gets up and goes.

From a standing start, 60 mph is achieved in 5.6 seconds according to the maker and it’s incredibly easy to exceed the speed limit set for any U.S. highway thanks to the quiet cabin, and refined powertrain. Going 80 mph feels little different from 60, and the 8-speed Tiptronic transmission goes about its business so smoothly you probably won’t notice that you have that many gears to choose from. The whole ball of wax tops out at 160 mph, which must be somethin’ else on the autobahns.

If it matters to anyone with the cash to buy one of these, it’s rated at 16-22 mpg by the EPA, and I rang in at 18.2 mpg with mostly interstate and back-county road driving.

For winter-time operation, the heated front seats were more than welcome, and the test vehicle wasn’t disturbed at all by the 8 ½ inches of snow that fell during the test period. It just plowed right through it.

Well-above-average handling has long been a hallmark at Porsche, and that hasn’t changed in the Cayenne. Slip it into the sport setting and you’ll be surprised at how well an SUV can adapt to twisty back roads. Yet the ride on the daily commute is very comfortable in either the normal or sport settings.

The paddle gearshifts worked quickly and came readily to hand, but a rework of their location is needed. Either the paddles or the thick steering wheel obscure the four levers behind that run the windshield wipers (with 9 adjustments,) cruise control, and directional signals. The ignition switch is blocked most of the time, and it in turn blocks the driver’s view of the headlight switch with its various settings. At the end of the day, it’s perfectly fine for the driver to wonder whether virtually every setting needs 4 to 10 options.

The 14-way power seats were comfortable and invite the owner to take long trips in them. Fortunately, there’s a memory that will retain that “just right” seat setting once it’s found. I do think the right place for the door lock switch is on the door, and not on the center console. There is fair storage up front and in the console, and glove box.

The driver and his partner up front have lots of room, and enough to the rear for two adults and two only. But those in front might want to discreetly move their seats forward a little to help out.

Total interior storage capacity comes to 62.9 cubic feet with the second-row seats folded, and that’s a bit under the capacity of some of the competition. Towing ability vehicle came to 7,716 pounds, Porsche says.

You can even do some gentle off-roading with the Cayenne, but do you think many people will?

For the way it blends long-distance traveling, easy around-town errand running, quick acceleration with great brakes, luxury with almost sports car handling on back roads, the Porsche Cayenne adds up to one heck of a vehicle. Our well-optioned test Cayenne would go out the door for $92,935, lacking only a rear-view camera among its amenities. Porsche does offer one, it should be noted.

One odd-ball thing happened. Crossing under an interstate bridge frequently caused the radio to turn itself on. Can’t imagine why. Is it part of the $4,200 convenience package?

In short, for the well-heeled, the Cayenne is hard to beat.
Hubcaps

Maserati says thanks to the introduction of the sleek GranTurismo Convertible, sales rose 49 percent in 2010 compared to the previous year. And the convertible accounted for one-third of the maker’s North American sales last year.

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Auto Writer Scott Burgess of the Detroit News has some great inside detail on January auto sales. Burgess and Autodata say demand is huge for crossover and small sport utilities, especially the Honda CR-V. And hang on, Mom, demand is on the rise for minivans. Overall minivan sales were up 65 percent in January. The redesigned Honda van will reviewed here shortly.

Vehicles tested in this column are on loan from the auto companies through local distributors.

Ron Amadon writes about cars for MarketWatch from Washington.

Should you invest in funds instead individual stocks ?

Investing in Funds versus Individual Stocks
Laguna Niguel, CA
Friday, February 11, 2011
Source: Expertclick.com
Potential investors in equities must choose between committing their funds to a fund, either a mutual fund or exchange traded fund, or individual stock(s). For most new investors the answer is relatively simple. They should choose a low cost fund because funds provide diversification and professional management. Furthermore, most investors would be best served by investing in a fund that is indexed to the S&P 500. From 1950 to 2009, an investment in the S&P 500 index would have produced an annual return of 11.0 percent in nominal terms and 7.0 percent after taking into account the impact of inflation. These returns occurred despite the S&P 500 having lost an average of 1.0 percent per year during the2000's (-3.4 percent in real terms).

So why should an individual invest in individual stocks? The answer is that the investor believes that he/she can achieve a rate of return that exceeds that of the benchmark such as the S&P 500 against which he/she compares his/her returns. Since not all stocks in any benchmark achieve the same returns, selecting those with superior performance should allow an investor to outperform the benchmark. In order to accomplish this, an investor must understand the macroeconomic, geopolitical, and competitive environment of the industry in which a company operates. Companies that operate in industries that face challenges such as dependence on governmental largess are ones that should be scrutinized more than ones whose industry is able to prosper on its own. Companies that operate in prosperous industries and are well positioned within their industry are ones that merit further evaluation. The next consideration is an examination of the company's fundamentals to assess its historical and projected profitability and the adequacy of its financial position. The final step is to determine the company's valuation based on the metrics such as price earnings ratio, price sales ratio, return on equity, return on capital, debt equity ratio, etc.

Investing in individual stocks requires work even in cases where one receives advice from a professional money manager or broker. Having assistance in selecting individual stocks can be helpful. However, it is the investor who ultimately profits or loses not the advisor. Fortunately there is a methodology that can assist the average investor in this analysis. It is stratamentical analysis, a methodology introduced in "A Common Sense Approach to Successful Investing." It answers three very basic questions:

1. Is the company strategically positioned to succeed given the macroeconomic, geopolitical, and competitive environment in which it operates? If the answer is not affirmative, then any investment would be ill advised.

2. Has the company demonstrated an ability to execute its strategy? If the company has not been able to operate profitably, one must understand what has changed that would allow it to succeed.

3. What price is appropriate for a potential investment? The strategy may be right, the company may have demonstrated an ability to execute its strategy, but the price may not justify an investment.

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About the Author

Experienced as a registered representative, an individual investor and a management consultant to Fortune 500 companies, Doniger has developed his perspectives on the economy from a lifetime of smart investments. His books include A Common Sense Road Map to Uncommon Wealth, A Common Sense Approach to Successful Investing and Common Sense Prescriptions for Financial Health. He is also a regular guest on the Business Talk Radio Network and other radio shows. His articles have been published in media outlets such as Investor's Digest of Canada and Morningstar


Marvin H. Doniger
Doniger Associates
Laguna Niguel, CA
949-661-5456

U.S. to Pursue WTO Cases Against China

By JOHN W. MILLER
Source: Wall Street Journal
BRUSSELS—The U.S. said Friday it would go ahead with a complaint against China at the World Trade Organization over restrictions on foreign payment-card firms like Visa Inc. and American Express Co.

The U.S. also said it would challenge antidumping duties imposed on imports of U.S. steel in 2009, signaling that the Obama administration is intent on pursuing a muscular trade policy with China.

With the U.S. trade deficit with China growing—growing to $252.4 billion in the first 11 months of 2010 compared with $208.7 billion in the first 11 months of 2009—the administration is under pressure to show it can defend key U.S. interests. It has also filed WTO cases against China over limits on exports of raw materials and subsidies.

U.S. trade officials say the Chinese payment-card business, valued at hundreds of billions of dollars a year, is central to U.S. interests. They say they are keen to stop other emerging economies, whose booming middle classes are now providing the bulk of the sector's growth, from imposing similar curbs. The U.S. also wants to push China to open its market for other kinds of services, such as law firms and consulting.

Only China UnionPay, a company set up by the People's Bank of China, is allowed to handle credit-card payments in Chinese currency, and when Chinese travel overseas, their transactions in foreign currencies must also be handled by China UnionPay. The crux of the case concerns the business of intermediate payments between store and bank: Visitors can use foreign cards in China, but the card companies can have no piece of the lucrative business of processing transactions between the merchants and intermediary banks.

"Removal of the monopoly that China has provided to China UnionPay would create significantly expanded business opportunities in China's huge and growing market for American suppliers of this essential service," said U.S. Trade Representative Ron Kirk.

One U.S. company, MasterCard Inc., last year signed a cooperation agreement with China UnionPay. Still, MasterCard would also benefit should the WTO order a full opening of China's payment-card market. MasterCard declined to comment.

China declined a U.S. request for formal negotiations in China in September. If, as expected, it accepts the case, the WTO will take 12 to 18 months to rule. If the WTO rules in favor of the U.S., it could then force China to get rid of the monopoly.

When it joined the WTO in 2001, China committed to opening big slices of its services market by 2006. "Opening up China's market, as China committed to do over four years ago, would create American jobs for the U.S. suppliers of electronic payment services," said Mr. Kirk.

A spokesman for the Chinese mission to the EU said Beijing is committed to respecting its WTO obligations, but declined to comment further.

Lingering restrictions on services, however, are a chief complaint for Western banks, law firms, consultants and other firms. The WTO's big Western service-dominated economies have tried for years without success to get emerging economies to guarantee access to service markets as part of the Doha Round of global trade talks. "There's no indication that China is opening its services sector in areas that matter to U.S. and EU economies like banking," said Jonathan Holslag, head of research of the Brussels Institute of Contemporary China Studies.

In 2009, China imposed extra duties of up to 64.8% on certain steel imports from the U.S. of a "grain-oriented flat-rolled electrical steel", which is used to make machines for factories.

In its complaint, the U.S. charged that China "improperly used investigative procedures." WTO law allows an importer to levy duties on a product if it can prove it has been "dumped," or sold below cost, or unfairly subsidized by the exporting country.
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"The U.S. likes to use antidumping and antisubsidy tariffs, so it is surprising that they would take another country to court for doing so," said Simon Lester, founder of WorldTrade Law.net LLC, a Washington-based consultancy. "It shows [Washington] is going on the offensive."

Obama Says Egypt Forever Changed by ‘Moral Force’

February 11, 2011, 5:50 PM EST
By Mike Dorning and Kate Andersen Brower
Source: Bloomberg Business Week
Feb. 11 (Bloomberg) -- President Barack Obama placed his office’s prestige behind the demonstrators who toppled Egypt’s leader, as he today praised their use of the “moral force” of peaceful protest to change their nation and put it on the path toward democracy.

While cautioning that the departure of Egypt’s President Hosni Mubarak is the beginning, not the end, of the country’s transition, Obama expressed confidence that the Egyptians will be able to fulfill the potential of the moment.

“This is the power of human dignity, and it can never be denied,” Obama said in remarks at the White House. “For Egypt, it was the moral force of nonviolence -- not terrorism, not mindless killing -- but nonviolence, moral force, that bent the arc of history toward justice once more.”
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Obama’s words echoed the language of the U.S. civil rights movement and of his own presidential campaign. An emotional high point of Obama’s 2008 campaign stump speech came when he quoted Martin Luther King Jr. on the “arc” of the “moral universe;” the line is now inscribed on a carpet in the Oval Office.

After weeks in which the administration balanced support for democratic aspirations with a hesitancy to openly repudiate Mubarak, a longtime U.S. ally, Obama’s statement today showed him clearly embracing the Egyptian uprising.

Speaking hours after the Egyptian president relinquished power after 30 years in office, Obama said the U.S. will provide whatever assistance is needed to keep Egypt’s transformation on the right track.

‘History Taking Place’

“There are very few moments in our lives where we have the privilege to witness history taking place. This is one of those moments,” Obama said. “The people of Egypt have spoken, their voices have been heard, and Egypt will never be the same.”

Mubarak’s bow to the demands of protesters who have crowded central Cairo for the past 18 days in what became a demand for his ouster relieves one challenge for the Obama administration and presents another in managing policy toward the Middle Eastern country.

“The Egypt scene is as complex for us, the regional scene is more complex now that Mubarak has stepped down,” said Brian Katulis, a senior fellow at the Center for American Progress, a policy research organization in Washington.

Israeli Concerns

U.S. regional interests are at stake, with Israel concerned about being isolated, and allies such as Jordan and Saudi Arabia anxious about discontent among their own citizens, Katulis said.

White House Press Secretary Robert Gibbs said the U.S. believes “it’s important” that the next Egyptian government abide by the country’s peace treaty with Israel.

While U.S. influence over future events in Egypt is limited, the Obama administration must press for “change to be dynamic, responsive to the needs of democracy and human rights and economic justice,” said Edward Djerejian, a former U.S. ambassador to Israel and Syria.

The U.S. will also have to urge that the transition “be done in a peaceful and orderly manner so that that this people’s revolution is not hijacked by radicals,” he said.

Djerejian said it’s unlikely the government will be taken over by extremists.

Muslim Brotherhood

“The Egyptians will bring in the representative groups, including the Muslim Brotherhood, but there is a vibrant middle class and a liberal entrepreneurial class in Egypt,” he said.

Obama was informed during an Oval Office meeting earlier today of Mubarak’s decision to step down. He then went to an outer office to watch television coverage of the scene in Cairo for several minutes, Tommy Vietor, an administration spokesman, said in an e-mail.

Statements by Obama and other administration officials yesterday indicated they expected Mubarak to take this step sooner.

“We are witnessing history unfold,” Obama said before Mubarak addressed his country last night. “It’s a moment of transformation.”

Instead, Mubarak in his address said he would cede some authority to his vice president, Omar Suleiman, and remain in office until elections scheduled for September. He also decried outside interference, a rebuke to the U.S.

Obama expressed impatience in a written statement issued afterward that also called on the Egyptian leaders to explain their plan for a transition from Mubarak’s reign.
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“The Egyptian government must put forward a credible, concrete and unequivocal path toward genuine democracy, and they have not yet seized that opportunity,” Obama said in the statement.

Mubarak’s resignation came after Egyptians streamed out of prayers today vowing to topple the 82-year-old leader.

The administration had been monitoring financial and oil markets on concern that the turmoil would spread to other nations in the region, including Gulf oil-producing states. Stocks rose and oil fell after Egyptian state television announced Mubarak was stepping down.

--With assistance from Kate Andersen Brower, Hans Nichols, Nicholas Johnston and Viola Gienger in Washington. Editors: Joe Sobczyk, Ann Hughey.

US Investing More in Solar Energy

By Stephanie Taylor Christensen Feb 11, 2011
Companies including Duke Energy and Con Edison are working on solar farms as the need for alternative energy increases.
Source: Minyanville.com
In 2008, solar power accounted for just 1% of energy in the United States. Now, it seems like solar farms are sprouting up everywhere, partly in thanks to federal support. In July, President Obama awarded $1.85 billion in loan funding to two solar companies -- Abengoa Solar and Abound Solar Manufacturing -- tasked with building solar farms in the United States.

Abengoa Solar’s “Solana” (currently in development about 70 miles northwest of Phoenix) is called the world's largest solar plant, estimated to “supply clean power to 70,000 homes and eliminate around 475,000 tons of CO 2,” according to the company’s site.

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Abound Solar Manufacturing’s 104-acre facility in Tipton, Indiana, is expected to be fully operational by 2012.

Earlier this month, Duke Energy (DUK) and Sun Edison LLC (a MEMC Electronic Materials (WFR) subsidiary) announced final phases of a 17.2 megawatt (MW) solar farm in North Carolina. Panda Power Funds and Con Edison Development (ED) are constructing 71,000 solar panels situated on a 100-acre farm in New Jersey, making it among the largest solar farms in the nation. Ohio also has plans to turn 500 acres of reclaimed strip mine land into one of the nation’s largest solar farms, and to open two solar component-manufacturing plants. Ohio-based American Electric Power (AEP) agreed to purchase the electricity generated by the solar farm over the next 20 years and invest $20 million into the project.

On top of all that solar activity, the US Bureau of Land Management has about 30 projects in “fast track” review.

Why all the interest in solar? The sun is a powerful energy source. According to Live Science, if you averaged the amount of energy the sun contributes to the entire surface of the planet, “roughly each square yard collects nearly as much energy each year as you’d get from burning a barrel of oil.” The goal of the solar farms is to harness all that energy and transform it into something useful.

Developing a means to effectively transform solar power into a viable energy source has crept along steadily, albeit slowly, since the need for alternative energy entered the nation's collective consciousness following the energy crisis of the 1970s. According to Solar Energy Industries Association (SEIA), there are several iterations of solar power, including solar thermal, which is typically used for heating and cooling, and concentrating solar power (CSP), which uses reflective devices to concentrate solar energy.

Perhaps the most viable is the photovoltaic (PV) alternative, which uses semiconductors to convert sunlight to energy, which is in turn stored in batteries. The US is currently the fourth largest market for PV installations.The problem with PV is that the batteries it requires have historically been expensive.

But, thanks to the increased focus on solar, manufacturing and technological advances, the cost of PV has dropped significantly, a trend projected to continue over the next decade. The nation’s utility companies are taking notice, revealing a whole new set of economic opportunities for energy.

On February 8, Renewable Energy World reported that the California utility Southern California Edison recently filed for approval from California’s Public Utilities Commission “for 20 solar PV projects worth 250 MW -- all of which are expected to generate a total of 567 GWh of electricity for less than the price of natural gas.”

The details of the contracts are confidential and will remain as such for a few years. But, it is known “that all winning solar developers issued bids for contracts below the Market Price Referent,” according to Renewable Energy World. Translation? More and more solar PV project developers are confident that they can finally deliver solar electricity at a competitive price. Rhone Resch, president and CEO of the SEIA, told the magazine "solar energy is a natural hedge against rising energy costs -- a hedge that regulators and utilities are turning to lower electricity costs for their customers."

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This past summer, the late Dr. John Blackburn, former chancellor and emeritus chair of the Duke University economics department, stated that in North Carolina in 2010, electricity generated from solar PV became cheaper per kWh than energy generated by nuclear facilities. He projected that the price of electricity from PV will continue to decline, while the cost of nuclear energy will rise.

The other benefit of solar power is that the creation and operation of solar farms requires, in some cases, thousands of laborers. A study released in January 2010 by researchers at the University of California, Berkeley found that “all non-fossil fuel technologies (renewable energy, EE, low carbon) create more jobs per unit energy than coal and natural gas” and estimates that such methods can “generate over 4 million full-time-equivalent job-years by 2030.”

Not everyone is shouting praises of the solar farm. The old “not in my backyard” issues rears its head when it comes to where to build these expansive solar operations that span several hundred acres in some cases. The ideal location for solar farms is the desert, which obviously gets plenty of sunlight and doesn’t intrude on existing populations. But that solution requires transmission lines, which are historically unpopular. Environmental groups also argue that building such large-scale facilities disrupts precious ecosystems.