Supreme Court rejects climate nuisance suits

The Supreme Court today unanimously rejected the effort by some states to sue utilities for greenhouse gas emissions on the basis of the nuisance doctrine, holding that the Clean Air Act pre-empts federal common law.

Although SCOTUS got the right answer in AEP v. Connecticut, it reached it in an unfortunate and ironic manner — i.e., by validating Massachusetts v. EPA, the decision allowing the EPA to regulate greenhouse gases (GHGs). And this validation was done on a unanimous basis (save Sotomayor’s recusal). It should be noted, however, that Justices Alito and Thomas added a concurring opinion that seems to offer only limited support for Massachusetts v. EPA as an expediency in this particular case.

In our favor, SCOTUS did say that the EPA could refuse to regulate GHGs as long as the refusal is not arbitrary and capricious. So skeptics will take today’s win and work toward the next (non-Obama) administration rolling back the endangerment finding.

Click here for the Court opinion in AEP v. Connecticut.

11 thoughts on “Supreme Court rejects climate nuisance suits”

  1. As there is no creditable scientific experiments that prove the existance of the “greenhouse gas effect” the Massachusetts v. EPA, case should be made null and void. The are so many physicists that show that the “greenhouse gas effect ” violates fundamental laws of physics that it is a fairy-tale and the head of EPA and the IPCC should be jailed for fraud. Here is an experiment that shows that the “greenhouse gas effect does not exist.
    Part1
    I have indicated that there is an experiment that demonstrates that the “greenhouse gas effect” does not exist. This experiment plus the mathematics of several hundred Ph. D. physicists and the non existent experiments “proving the ghge” should show that the Hypotheses is a fairy-tale.

    The Experiment that Failed and saved the World trillions.
    By Berthold Klein P.E November 16, 2010 revision 11-19-2010

    The hypotheses of the “greenhouse gas effect” is the process where a combination of IR absorbing gases including Water/vapor/liquid/solid, CO2.CH4. NO2 and others are super insulation and cause the atmosphere to be 33 degrees warmer than would be explained by the “black body “temperature.
    How is this done? The hypothesis says that the IRag’s absorb the IR radiation then it is “back radiated to earth causing the earth to be warmer by the resonating of this heat energy.
    This is just the tip of the iceberg of the magic caused by the “greenhouse gas effect”
    as has been said the truth is in the detail therefore anyone that wants to get into more of the details,please join in. I will be adding more later.
    As others have not started to define “The greenhouse gas effect” lets start with what are the “features that should be testable!” Because water/liquid, vapor,solid (H2O /lvs) is different than gases IRag’s as CO2 ,Ch4,NO2 and others -this will deal first with the none H2O ,IRags.
    Critical features:
    1. The IRags absorb the IR radiation and thus prevents it from escaping into space reducing the rate of atmospheric cool- it causes the air to be warmer.
    2. The IRags will “back radiate” IR radiation to earth to cause increased heating of the surface.
    3. The IRags will heat up by the absorption of the IR radiation thus heating the air.
    4. The IRag’s have different levels of “back-forcing”. Having ask others how this is determined,( no answer yet) ,it is assumed that someone has reviewed the amount of IR that a particular molecule absorbs by a spectrophotometer analysis then comparing this to the absorption of CO2. (I have not seen any experimental data that the “back-forcing” relates to absorption).(an assumption based on The Bohr model however a time factor is needed)
    5. The higher the concentration of IRags the greater the amount of “back-radiation” the higher the “global atmospheric temperature will become.(were is the experimental data )
    6. The concentration of CO2 found in million year old Ice cores can be used as proof that the “ghg effect” exists. When there is no experimental data that proves that the “ghg effect”exists.
    7. Where does this lead?
    We all know that the “greenhouse” effect exist. Anyone that has gotten into a hot car on a sunny day.(summer or winter). Has walked into a store with south facing window , its temperature will be much higher than a car ,or window in the shade. This is caused by confined space heating- this was established in 1909 by R.W. Wood a professor of Physics and Optics at John Hopkins University from 1901 to 1955.
    What experiment could be performed to “prove” that the ”greenhouse gas effect exists.
    All the AGW point out it is impossible to simulate what actually happens in the atmosphere therefore they propose using computer models, the problem with “computer models” is that unless all the factors that effect the atmosphere are included into the program it is “garbage in is garbage out”. When this is tried there are no computers made that have sufficient capacity to handle all of the factors. Many of the factors are not even fully know yet. Then the big guess is what are the factors to include and which are really of minor importance and can be left out and still get usable results. To data no one has come up with the “right model”
    continued

  2. Part 2
    Using the list of “critical factor” lets see if there are some way of indicating if the concept may exist.
    To use the concentration of IRags in the atmosphere for testing does not work otherwise there would not be the controversy that exists today. In the field of engineering and research there is the use of “models” that are either similar in behavior or can be proportioned to a larger or smaller series of events that relate to an actual set of events.

    As the amount of heating that is supposed to be is on the order of fractions of a degree per year- we need a more dramatic experiment to show that the concept actually exists. If the experiment at a much higher concentration does not demonstrate the effect then the Concept does not exist. If the concept works at high concentration then it can be tried with lower and lower concentrations until a threshold of effects is reached.

    Some numbers are needed now: By definition 10,000 ppm is 1%, therefore 100 % equals 1million parts per million( 1×10+6) . The atmosphere is supposed to contain 400 ppm (round Number) therefore a concentration of 100% CO2 is 2500 time that of what is in the atmosphere. If the effect exists it should be much easier to measure and demonstrate.
    Now it is claimed that CH4 is from 23 to 70 time the effect of CO2,thus using the lowers figure by using a concentration of 100 % CH4 ,the effect should be 57500 time stronger that using CO2. It is claimed that NO2 is 100 time more powerful that CO2 thus it should cause 250,000 X the effect of CO2 in the atmosphere
    As CH4 is found to be about 2ppB ( 2 X 10 -9)in the atmosphere , a concentration of 100 % CH4 should give a results that is 5 X 10 + 10 times what exists in the atmosphere.
    . Now if CH4 is 23 times the effect of CO2 another longer chain hydrocarbon molecule will be even more powerful thus the proposed experiment shown below was done with 100 % butane.
    The experiment shown below substituted “natural gas” a mixture of 70% CH4 about 29% CO2 and the remainder is H2 and other trace gases. This is readily available for test purposed from any natural gas stove. Now 100 % CO2 is available for several sources, but one that is not too expensive is from any Paint ball supply store, another is from a supplier of Dry ice. Do not use Alka Seltzer as you have to put this in water to get the CO2 thus you have a mixture of CO2 and water and water vapor – you are not testing the effect of CO2 only. Discussion of H2O/lvs in the atmosphere will follow later.
    The natural gas mixture should have a combined effect of less that 100% CH4 by a weighted average of 70% CH4+ 29% CO2or 3.500000725X10+9 times the effect of CO2 in the atmosphere. If this occurs the temperature increase must be measurable.

    How does the experiment contain the high concentration of the IRags for this test? Having reviewed several experiments that contained the IRags is glass containers then they measures the increase in temperature of the gas which had increased, they claimed this increase was do to the “ghg”effect, they are absolutely wrong. The cause of the temperature increase was do to the heating of the glass by its absorbing the IR and the glass heating. ( A Master’s thesis (peer reviewed) with this information is available on request). Another failure of these tests were their including a black cardboard inside the containers, thus additional heating of the IRag’s from conduction of heat from the black cardboard. (They created a Greenhouse effect-confined space heating)
    The proper way to contain the high concentration of IRags is in a thin walled material that will not absorb the IR and heat. The experiment used crystal clear Mylar balloons. They are available in various sizes, several 20 inch diameter(major diameter) were chosen. If you want you can use larger ones to contain larger numbers of IRag molecules.
    continued

  3. Part 3
    Now lets discuss the experiment.
    1. Fill the balloons with the various IRags ,and one with dry air as a control.
    2. Let the balloons reach ambient temperature. If you are going to use sunlight let it adjust outside in the shade.
    3. Use an IR thermometer to check the temperatures of each balloon, use a digital thermometer that reads to 0.1 degree to check air temperature in the shade. Record data.
    4. Take a large black mate board or a large black cloth or sheet and lay it on the ground in the sun. Use the IR thermometer to check the temperature as it raises in the sun. Record the data. When it appears to reach a maximum then go to step 5.
    5. Suspend the balloons over the black background (about 1 foot above) and measure the temperature of the balloons initially. Record the temperature.
    6. Measure the temperature of the black background in the “shadow” of each of the balloons also measure the temperature of the black background outside of the “shadows” of the balloons.

    Now lets repeat the Critical factors and note the result of my test to the critical factor.
    Critical features:
    1. The IRags absorb the IR radiation and thus prevents it from escaping into space reducing the rate of atmospheric cool- it causes the air to be warmer. The air between the balloons and the black background did not change temperature.
    2. The IRags will “back radiate” IR radiation to earth to cause increased heating of the surface. The black background did not change temperature either in the “shadow” or outside the shadow. The temperature of the black background heated to 20 t0 30 degrees above ambient before the balloons were placed over the black background. When this was done outside in bright sun light the black background heated to 130 to 140 degrees F. Similar temperature can be measured from black asphalt. When the experiment was done with the 500 watt power shop light (see below)inside the black background went from ambient of 70-72 degrees to 100 -110 degrees. Again when measuring the temperatures of the black background with the IR thermometer there was no measurable temperature difference anywhere along the surface.
    3. The IRags will heat up by the absorption of the IR radiation thus heating the air. The balloons did not warn any warmer than ambient. The IRags in the balloons will not warm because that would be a violation of the Bohr Model.
    4. The IRag’s have different levels of “back-forcing”. Having ask others how this is determined,( no answer yet) ,it is assumed that someone has reviewed the amount of IR that a particular molecule absorbs by a spectrophotometer analysis then comparing this to the absorption of CO2. (I have not seen any experimental data that the “back-forcing” relates to absorption).(an assumption based on The Bohr model however a time factor is needed) As there was no temperature difference under any of the balloons, there was no stronger “back-forcing” because the IRag absorbed more IR radiation.
    5. The higher the concentration of IRags the greater the amount of “back-radiation” the higher the “global atmospheric temperature will become.(were is the experimental data )
    6. The concentration of CO2 found in million year old Ice cores can be used as proof that the “ghg effect” exists. When there is no experimental data that proves that the “ghg effect”exists.
    Specifications of the IR thermometer: model: MTPRO laser-Micro Temp; temperature range: -41degree C/F to 1040 degrees F. IR range 5 to 16 nm. Angle of view D:S =11:1
    cost about $60.00. many other models available.

    continued

  4. Part 4
    I have thought about several refinements, but it would not change the bottom line that the “ghg effect” is a fairy-tale.

    I’m sure that the AGW’s will not believe this proves that the “greenhouse gas effect does not exists , therefore I challenge them to come up with an experiment that they claim “proves the existence of the “greenhouse gas effect”.

    As an alternate light source the experiment has been performed with an incandescent light. By using a 500 watt shop power light which because of the temperature of the filament approach the spectral characteristics of the Sun light ( should have more long wave IR because of a lower temperature) It was place one(1) meter away from the balloons to avoid conduction and convection heating of the balloons. As is stated above there was no difference in the final results.

    Now lets talk about water( H2O/lvs):
    Yes H2O/lvs has a major effect on weather conditions, where I’m at in Northern Ohio it just started to rain, if it gets any colder we will have snow or sleet. Of course tomorrow it may be sunny and clear. As is said in the Great Lakes region if you don’t like the weather wait 15 minutes and it will change. Now the “climate” has not changed for the last 300 years just as the Indians.
    Any way lets look a H2O/lvs in the atmosphere : If its clear the humidity can be from near 0 % relative humidity to 100%. Now if it ‘s cloudy the “relative Humidity” can vary from 30 to 100% depending on temperatures, Now we know that the air temperature where the clouds are forming is at or below the “dew point”, now as the H2O vapor cools to form clouds there is a release of energy( Heat of condensation), if the general air temperature is low enough ( below freezing) more energy is released as ice or snow is formed. This energy has to be dissipated either as IR radiation or as lightening or probably high winds or tornado.
    This is only one phase of the complex weather conditions when H2O/lvs is being evaluated another is the solar heating of clouds both day and night. During the day the warming of the top of clouds is obvious but it is also relevant that in spite of significant solar absorption the “clouds “ have not absorbed enough radiation to convert the water or solids back to vapor; there is probably a rapid turbulent exchange of energy in both directions from evaporation/ sublimation to condensing, to freezing. This is why “climatologists” can not get the correct “sign” on the “forcing” it is a constantly changing set of conditions, non are wrong and non are correct.
    Now lets add the next variable- solar heating at night of the clouds. Having taken IR radiation measurements at night for the last year at many different times by solar time it is apparent that when the sun goes down below the visible horizon , the clouds are still receiving solar energy. This has been confirmed by both measurements and visible lighting (multiple colors ) of the clouds. The clouds and the atmosphere cool until about 2:00 am when there is measurable increases in cloud temperatures and air temperatures. This warming continues until daylight is visible. The degree of warming is related to the time of year and what is happening with the jet stream and arctic storms.
    There are other factors that are being monitored by real astrophysics researcher that are showing that Solar flares, and different type of radiation have an effect on cloud formation,this is only a beginning of learning about our atmosphere.
    There is no way in the world of Fairy-tales that CO2 can have an effect on weather or “climate”

    The nice thing about this experiment is that it can be done by high school physics classes or freshmen college physics lab classes . It would teach a very important lesson in that “not all experiments have to have a “positive” end result to be meaningful.
    Mann-made global warming is a hoax,because the “greenhouse gas effect” is a fairy -tale.

  5. I guess I’m a ninny, but could you please explain this again in easier-to-understand language?

  6. Dear Molasses

    You’re no ninny and you’re not that ‘thick’. What “CleanWater2” has done is to make you dizzy with his self absorbed talking in circles. One does not need convoluted high school experiments with balloons and Alka-Seltzer. Far better explainations of Physics exist at http://www.FauxScienceSlayer.com. Follow the link to “author & Dennis Miller interview” (the audio is embedded above the transcript). Then read the articles explaining “Thermal Mass” and “Electromagnetic Transmission”. This entire ‘carbon warming’ hypothesis is to support the greatest FRAUD in all history. AGW is the ‘credit default swap of science’ by the monopolist/monarch ruling elites. Educate yourself, as educated humans make lousy slaves.

  7. With all due respect to cleanwater2 that this Global Statist war against the molecule upon which life itself is built is a criminal fraud , you lose me as soon as I see the claim that we are ” 33 degrees warmer than would be explained by the “black body “temperature ” . That ubiquitous calculation is in fact the coldest possible assumption based on our observed albedo relative to the sun’s spectrum .

    An unbiased , and far less mathematically amateurish comparison is that we appear to be a little less than 10 kelvin warmer than the 279k of a gray ( flat spectrum ) ball in our orbit . Note that because this is orthogonal to spectrum , it does not matter how dark or light gray the ball is .

  8. I commend clearwater2 for at least trying to test the AGW hypothesis.

    Unfortunately there are a number of flaws in the experiment; most notably air circulation from “outside” of the study areas. The effect would be to bring the entire surface to near ambient outside of the study area. he Earth’s atmosphere for all of its enormity from our view point is a closed physical system with energy inputs from irradiation and, solar wind and cosmic radiation. It exists in a transient steady state. There are variations in surface temperature due to local physical conditions — desert, rainforest, ocean, savanna — (absolute humidity, fluctuations in green house gases, ground cover, cloud cover and of course day and night). Day and night make the ‘black body’ temperature resolve to the average of day and night. The Moon can be used as a proxy for this calculation. Without an atmosphere the lunar surface rapidly attains black body day and night temperatures. Temperatures on Earth are “moderated” — do not get as hot or as cold — by the atmosphere, but in the average is 30-35F higher than the average of lunar day and night do to the real green house effect.

    Adding a tiny amount of CO2 to the atmosphere will have a small effect on that 30-35F effect — not the monstrous effect postulated by AGW fanatics. CO2. Now go build a model to test or calculate just how large that small effect is. My educated guess is that CO2 has contributed 0.5F change in the average temperature, and more CO2 will have a decreasing marginal effect due to lack of energy in the wave band unique to CO2.

  9. The law of thermal dynamics states that heat travels to cold. If the atmosphere is colder at altitude it cannot radiate heat to a warmer surface. Only the sun can heat the surface.

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