EPA lawyer: What Constitution?

If you need more evidence that the U.S. Environmental Protection Agency is out-of-control, consider the comments of EPA senior counsel Bob Sussman as reported by Energy & Environmental Daily last week.

But Bob Sussman, who was EPA’s deputy administrator under President Clinton and returned to the agency to be Jackson’s senior counsel, said the agency has no choice but to carry additional weight these days because of inaction in Congress.

“After two decades of very active legislative activity on the environment, we’ve had 15-plus years in which the consensus and political will to overhaul our environmental statutes has been lacking,” Sussman said.

“It’s a situation which is going to continue because I think Congress is fundamentally divided on the future direction of environmental protection. The statutes that we have, imperfect as they may be, are the statutes that we’re going to have to continue to live with.”

Hello… America-to-Bob-Sussman… under our Constitution, the legislative branch makes the laws and the executive branch executes them. EPA has no constitutional authority to take any action that has not been not previously authorized by Congress. Contrary to Sussman-think, the EPA cannot take action that, in effect, “overhauls our environmental statutes” and it cannot “carry additional weight” on its own initiative.

One of the highest priority items for the 112th Congress will be to get a grip on the outlaw EPA.

Chevy saves the planet for $4 per car?

by Steve Milloy
December 2, 2010, DailyCaller.com

General Motors has apparently had an epiphany. GM now “realizes” that it “shares the planet with everyone” and wants “to do more to help keep it clean.” So GM has pledged to buy carbon offsets representing one year’s worth of greenhouse gas emissions from the 1.9 million Chevys projected to be sold during 2011.

Under the Chevy Carbon Reduction program, GM will spend up to $40 million over five years offsetting about 8 million metric tons of carbon dioxide.

There is much less here than meets the eye.

First, while GM describes the program’s cost as “substantial,” it’s really not. GM expects to sell about 10 million Chevys over the next five years — so the actual expenditure works out to about $4 per car. That triviality will be matched by the program’s environmental impact.

Human activities emit about 40 billion tons of greenhouse gases annually. So if all goes as planned, GM’s program will reduce global human greenhouse gas emissions by about 0.004 percent over the next five years. GM calls this “a start” and denies that the program is “greenwashing.”

In fact, GM states on its web site that, “This is really about making a positive statement to our customers. And letting them know that we are committed to doing the right thing.” But merely claiming green-ness while accomplishing nothing tangible for the environment fits the definition of greenwashing perfectly — “the deceptive use of green PR or green marketing in order to promote a misleading perception that a company’s policies or products are environmentally friendly,” according to Wikipedia’s definition of the term.

And it’s quite possible that the Chevy Carbon Reduction program will accomplish even less than the company believes since it involves the purchase of so-called “carbon offsets.” GM’s $4-per-Chevy expense will be directed to the Bonneville Environmental Foundation, an Oregon-based non-profit that will “invest” the money in purportedly climate-friendly projects like planting trees, and solar and wind power.

But carbon offsets can be murky endeavors — so much so than when the Government Accounting Office (GAO) reported on them in 2008, concerns about their legitimacy overflowed into the report’s title, “Carbon Offsets: The U.S. Voluntary Market Is Growing, but Quality Assurance Poses Challenges for Market Participants.”

The basic problem with offsets is that buyers can be ripped-off fairly easily. Offset sellers claim the proceeds go toward efforts to prevent the accumulation of greenhouse gases in the atmosphere. But as greenhouse gas emissions are invisible, challenging to estimate, and the accounting for these projects is typically not open to public scrutiny, buyers must rely on the credibility of the brokers and project operators. The GAO found that “the information provided to consumers by retailers offered limited assurance of credibility.” In other words, buyers beware.

Aside from any schemes and scams run by individual offset brokers and project operators, there is the overlay of the radical environmental agenda on the offset industry. GM’s offset broker, the Bonneville Environmental Foundation (BEF), is run by a former employee of the radical Natural Resources Defense Council (NRDC). BEF’s offsets are “certified” by an organization called Green-e, the board of directors of which includes members of NRDC and the radical Union of Concerned Scientists — as well as BEF’s senior vice president. So, not only are BEF and Green-e not independent of one another at the management level, they are threaded together ideologically by ties to radical environmentalism, a movement whose members will say and do almost anything to advance their social and political agenda. And GM is going to rely on assurances from BEF and Green-e about offsetting invisible greenhouse gas emissions.

Should any of this matter to consumers? Who cares whether GM scams and gets scammed for a few dollars per car? Bailouts aside, taxpayers and consumers should already be angry with the “Big Three.” Chrysler, Ford and GM are all members of the NRDC-run U.S. Climate Action Partnership, a big business-radical environmentalist coalition that lobbied for cap and trade. If the Big Three and their green buddies had succeeded in foisting cap and trade upon us during the 111th Congress, millions of U.S. jobs and trillions of dollars in GDP would have vanished during the ensuing years.

What separates Chrysler and Ford from GM presently is that, cutting through all the nonsense, the Chevy Carbon Reduction program is little more than a $40 million wealth transfer from consumers via GM to anti-consumer radical environmentalists and their allies. The good news for GM is that when I get a new car in 2011, no one will need to worry about any emissions from a Chevy.

Steve Milloy publishes JunkScience.com and is the author of Green Hell: How Environmentalists Plan to Control Your Life and What You Can Do to Stop Them (Regnery 2009).

Obama: No cap-and-trade? Then no drilling!

President Obama’s reversal yesterday on offshore drilling should surprise no one.

When he announced plans for more drilling last March, President Obama was really offering it as a carrot to get the oil industry to sign on to cap-and-trade. That gambit failed. Cap-and-trade is dead and so now is his offer of more offshore drilling.

The administration’s reference to the Gulf oil spill as a reason for the reversal is simple camouflage for the withdrawal of an offer that was never sincere in the first place.

On balance, President Obama is the loser. Cap-and-trade is dead forever, while offshore drilling opportunities could expand as early as January 20, 2013.

NYTimes lets facts intrude on alarmist narrative

A funny thing happened on the New York Times’ way to climate alarmism today — a paragraph of debunking facts.

In an above-the-fold, front-page story, the Times’ Leslie Kaufman tried to tell a sad tale about global warming-induced sea-level rise wreaking havoc in Norfolk, VA.

If the moon is going to be full the night before Hazel Peck needs her car, for example, she parks it on a parallel block, away from the river. The next morning, she walks through a neighbor’s backyard to avoid the two-to-three-foot-deep puddle that routinely accumulates on her street after high tides.

For Ms. Peck and her neighbors, it is the only way to live with the encroaching sea.

As sea levels rise, tidal flooding is increasingly disrupting life here and all along the East Coast, a development many climate scientists link to global warming.

And of course, what tale of global warming would be complete without an “expert”?

Many Norfolk residents hope their problems will serve as a warning.

“We are the front lines of climate change,” said Jim Schultz, a science and technology writer who lives on Richmond Crescent near Ms. Peck. “No one who has a house here is a skeptic.”

Kaufman’s tale of woe then ends with the “bitter reality” of global warming:

“The fact is that there is not enough engineering to go around to mitigate the rising sea,” he said. “For us, it is the bitter reality of trying to live in a world that is getting warmer and wetter.”

Unfortunately for the Times, Kaufman and Schultz, some editor (with an ironic sense of humor) inserted the following text into the middle of the story:

Like many other cities, Norfolk was built on filled-in marsh. Now that fill is settling and compacting. In addition, the city is in an area where significant natural sinking of land is occurring. The result is that Norfolk has experienced the highest relative increase in sea level on the East Coast — 14.5 inches since 1930, according to readings by the Sewells Point naval station here.

So climate alarmism and Norfolk have much in common. Both were built in on a faulty foundation. Not unexpectedly, both are now sinking.

What’s remarkable about the Times’ coverage of both is that facts — even when printed in plain English in the middle of the story — just don’t matter.

JunkScience to Al Gore: En garde!

WASHINGTON, Nov. 22, 2010 /PRNewswire-USNewswire/ — JunkScience.com today launched the web site GoreFacts.com as a response to KochIndustriesFacts.com, Al Gore’s attack on Koch Industries for opposing climate alarmism.

“I think Al Gore may come to regret his desperate and juvenile attack on Koch Industries,” said JunkScience.com publisher Steve Milloy. “Gore has now inspired us to accumulate documented facts about Gore and to present them to the public in a single web site dedicated to spotlighting Gore’s habitual hypocrisy, dishonesty and creepiness.” Milloy added.

The Gore attack on Koch Industries is just the opening salvo in what Milloy expects to be an ugly campaign of personal attacks that Gore and other anti-fossil fuel activists and business interests seem likely to run over the next two years.

“Media reports indicate that environmental activists will be working to make political gains in the 2012 elections so that they can get their agenda back on track in 2013,” Milloy observed. “Between now and the 2012 elections, I expect that Al Gore and his allies will conduct a slash-and-burn attack campaign against their opponents,” said Milloy.

But as the defeat of cap-and-trade indicates, Milloy and his allies are up to the challenge.

“In early 2009, conventional wisdom was that cap-and-trade was a done deal,” said Milloy. “But hard work by skeptics, along with a lousy economy, the rise of tea parties and the Climategate expose, ultimately drove a stake through junk science-fueled and economy-killing cap-and-trade,” noted Milloy.

Surprisingly, Milloy credits environmentalists with helping to defeat their own agenda.

“Al Gore is one of the most polarizing personalities in American politics and it was always a mystery why the environmental movement allowed Gore to co-opt their Marxist-socialist movement so he could to advance his personal profiteering – but it made arguing the skeptics’ position much easier and we thank them for it,” Milloy added.

One of the facts on GoreFacts.com is Al Gore’s braggadocio that poets will be singing his praises 1,000 years from now.

“Meantime, the rest of us can look forward to the next two years of hilarious Gore gaffs. If the greens are lucky, maybe the they’ll get their agenda back on track in a thousand years,” Milloy concluded.

Steve Milloy is the publisher of JunkScience.com and author of Green Hell: How Environmentalists Plan to Control Your Life and What You Can Do to Stop Them (Regnery 2009).

Al Gore cries crocodile tears over ethanol

Al Gore admitted today that corn ethanol was “not a good policy,” according to Reuters — but that’s not the end of the story.

Though he campaigned for ethanol in the past, Gore said,

“It is not a good policy to have these massive subsidies for (U.S.) first generation ethanol… First generation ethanol I think was a mistake. The energy conversion ratios are at best very small… It’s hard once such a programme is put in place to deal with the lobbies that keep it going… One of the reasons I made that mistake is that I paid particular attention to the farmers in my home state of Tennessee, and I had a certain fondness for the farmers in the state of Iowa because I was about to run for president… The size, the percentage of corn particularly, which is now being (used for) first generation ethanol definitely has an impact on food prices… The competition with food prices is real.”

Gore then went on to support so-called second generation technologies which do not compete with food, for example cellulosic technologies which use chemicals or enzymes to extract sugar from fiber in wood, waste or grass. He said,

“I do think second and third generation that don’t compete with food prices will play an increasing role, certainly with aviation fuels.”

Is this a genuine mea culpa on the part of Gore or crocodile tears?

If we turn to the investment portfolio of the venture capital firm of Kleiner Perkins Caulfield and Byers (KPCB) where Al Gore is a partner, we find that KPCB has invested in Mascoma Corporation, whose business is cellulosic ethanol. Here’s how KPCB’s web site describes Mascoma,

Leading in the development of bio and process technology for cost-effective production of cellulosic ethanol, an inexpensive and source of renewable energy. Cambridge, MA

In 2008, Mascoma received $61 million in financing from a group that included KPCB. In 2006, KPCB was part of a $30 million financing package for Mascoma.

And who knows what other cellulosic ethanol ventures KPCB and Gore have going?

The Reuters reporters didn’t ask Al Gore about his cellulosic ethanol business interests and, of course, Honest Al Gore didn’t volunteer those revealing tidbits either.

So while Al Gore appears to be lamenting bad policy that he supported, instead he is really just trashing corn ethanol in hopes of advancing cellulosic ethanol and his investment in Mascoma.

Lom-Gore-borg: Paint it white

I see a black road and I want it painted white.

In a Washington Post op-ed today, that “septical environmentalist,” Bjorn Lomborg, advocated whitewashing roof-tops and streets to reflect sunlight in hopes of reducing the alleged warming impacts of manmade greenhouse gas emissions.

In support of his proposal, Lomborg cited a recernt paper by Hashem Akbari estimating that every 100 square feet of black surface painted white would offset one ton of carbon dioxide emitted. Akbari estimates that if all urban roof-tops and streets were painted white, about 44 billion tons of CO2-equivalent would be offset. Akbari claims this would offset the effect of the growth in emissions rates for 11 years.

Akbari estimates that roof-tops and streets cover about 910 billion square meters of the Earth’s surface. Given the coverage of a gallon of paint (about 400 square feet or 37.2 square meters), it would only take about 27 billion cans of paint (allowing for 10 percent waste) to do the job. This would be great for the paint industry which only sells about 630 million gallons of paint annually in the U.S. And of course, once we finish painting the world white, it will be time for another coat. BTW, it costs about $8 per gallon to dispose of paint, about $20 billion for the amount of paint at issue.

Lomborg concludes his op-ed with,

Obviously, whether it involves dikes or buckets of white paint, adaptation is not a long-term solution to global warming. Rather, it will enable us to get by while we figure out the best way to address the root causes of man-made climate change. This may not seem like much, but at a time when fears of a supposedly imminent apocalypse threaten to swamp rational debate about climate policy, it’s worth noting that coping with climate change is something we know how to do.

So Lomborg apparently wants us to spend trillions of dollars continually whitewashing the world while “we” figure out how to address those “root causes of man-made climate change.” Of course, Lomborg has already decided what needs to be done:

Ultimately, we’re not going to solve any of these problems until we figure out a way to stop pumping greenhouse gases into the atmosphere.

Meet the new Al Gore. Same as the old Al Gore.

Bjorn Lomborg is Al Gore lite

Self-proclaimed “skeptical environmentalist” Bjorn Lomborg is uttering untruths about genuine skeptics while promoting his new movie “Cool It.”

Appearing on Fox Business Channel last Friday, Lomborg was asked by host Stuart Varney whether humans were causing [catastrophic] global warming. “Is it us? Is human beings who are doing this?,” implored Varney.

The skeptical environmentalist replied,

I’m an economist. If you look, if you ask some of the smartest scientists, even very skeptical scientists like Dick Lindzen from MIT or Pat Michaels, they tell us global warming is happening and it is manmade. But the point is it’s not the end of the world as it’s been told.

Surprised to hear that the ranks of the skeptics had been thinned of two of its stars, I checked wth Lindzen and Michaels.

Lindzen told me,

My statement has always been that there has probably been some increase in global mean temperature anomaly and that man’s activities make some contribution to this. From what I’ve seen, Lomborg probably doesn’t understand that this is profoundly different from what he claims I am saying.

Michaels told me that while he has always believed that manmade greenhouse gas emissions have some effect on global climate, that effect is not great or even necessarily harmful.

Being an economist, as Lomborg claims, does not excuse him from culpability for such a flagrant misstatement.

The reality about Lomborg is that he is more like Al Gore in relevant part than not. Gore believes that manmade CO2 emissions are a problem and need to be reduced/eliminated. So does Lomborg. Gore says untrue things about skeptics. So does Lomborg. Lomborg says that alarmists should stop scaring children about global warming. Accordingly, in “Cool It,” he seems to have produced little more than “An Inconvenient Truth (Children’s Edition)”.

Here’s how I distinguish Gore from Lomborg. Gore is a scowling, straight, fat carnivore with dark hair. Lomborg is not.

Lomborg’s schtick is glibly surfing the global warming alarmist wave as a T-shirted, Scandanavian Greenpeace-turncoat-cum-skeptic-poseur. So far, only genuine skeptics have clued into to his scam, but no longer. As Hearst movie reviewer Amy Biancolli put it,

But it’s also hard to shake the sense that Lomborg is promoting more than just a different perspective on climate debate. He’s promoting his book – and himself.

You can watch Varney’s interview with Lomborg below:

Memo to House GOP: Get a grip on the EPA

by Steve Milloy
November 15, 2010, Human Events

Getting a grip on the Environmental Protection Agency must be at the top of the upcoming Republican-controlled House’s “To Do” list.

Of immediate concern are the EPA rules for regulating greenhouse gas (GHG) emissions. Unless stopped by a federal court, the Obama EPA will implement on Jan. 2 a flagrantly illegal scheme to regulate emissions from power plants and other large emitters. This enactment will kill jobs and raise the prices of energy, and thus of all good and services.

The Obama administration originally designed the scheme as a regulatory sword of Damocles to pressure Congress and industry into agreeing on a cap-and-trade framework.

But cap-and-trade reached its high-water mark in June 2009 when the House barely passed the controversial Waxman-Markey bill. Cap-and-trade’s prospects then deteriorated quite rapidly, placing the Obama administration in the position of having to make good on its threat to unleash the EPA’s carbon dogs on America.

The Obama EPA bootstrapped itself into the carbon regulation business with its December 2009 “endangerment finding,” decreeing that GHG emissions threaten the public welfare. The EPA based its finding on a 2007 report of the UN Intergovernmental Panel on Climate Change (IPCC)—a report that, while always controversial, came under even more fire as a result of the November 2009 Climategate scandal.

Already on shaky legal ground, the EPA ventured clearly into law-breaking territory with its June 2010 “tailoring rule.” Under the Clean Air Act, if the EPA regulates a “pollutant,” it must regulate all sources that emit as little as 100 tons per year.

Implementing this requirement for GHGs would put the EPA in the impossible position of having to regulate virtually every small business and multi-family residential complex—a total of more than 6.1 million sources nationwide. The EPA estimated it would require 1.4 billion work hours costing $63 billion over three years to accomplish that task.

Rather than comply with the law, the habitually rogue EPA went totally outlaw in unilaterally deciding to raise the permitting threshold to sources emitting 75,000 tons per year, cutting the number of regulated sources to a more manageable 20,000.
Congressional Democrats have so far blocked efforts to rein in the EPA. Last June, Senate Democrats narrowly defeated the so-called Murkowski resolution to block the EPA from regulating GHGs. Though Sen. Jay Rockefeller (D–WV) proposed to delay EPA regulation for two years, there is no indication his effort will advance during the lame duck session.

Congressional failure has left enforcement of the law to private parties and to states such as Alabama, Texas, and Virginia, which have filed a number of lawsuits against the EPA. And while it is possible that some federal judge may enjoin the EPA from acting before Jan. 2, we shouldn’t hold our breaths waiting.

The federal judiciary is politicized, unpredictable, and not necessarily tethered to traditional notions of law and fact. Current federal law and existing Supreme Court decisions make it difficult to challenge the EPA successfully. And while the lawyers for the parties suing the EPA no doubt know the law as well as the opposing counsel does, there is a question of motivation to consider.

The Obama administration lawyers are ideologically motivated, backed by the force of an aggressive government, have nothing to lose, and, consequently, are out to win at all costs. They will be facing off against plaintiffs’ lawyers who represent firms that are squishy, politically-sensitive, and bipartisan, as well as trade associations with a variety of agendas, a fear of angering the government or of upsetting the Democrats’ hierarchical chain of command. It would be a shock to see these lawyers break any china to on behalf of their clients.

While our hearts should be with those who are suing the EPA, our money should be on the likelihood of seeing lousy lawyering and worse judging involved in addressing their cause.

This sad finding brings us to our last best chance for getting the EPA under control: the Republican-dominated House. From denying the EPA funding for its programs, particularly the agency’s air and enforcement offices, to oversight investigations of the White House and the EPA, the House can throw much-needed monkey wrenches into the Obama administration’s jihad against GHG emissions and our economy.

With its mandate to end government profligacy and abuses of power, and to revive our economy, the House GOP needs to be fully engaged in the battle against the EPA, starting promptly on Jan. 2.

Mr. Milloy is the founder and publisher of JunkScience.com. His columns and op-ed pieces have appeared in the Wall Street Journal, USA Today, Financial Times, and Los Angeles Times. He is the author of “Green Hell,” a new book from Regnery Publishing.

DEP’s plan for Shale pipeline just a conduit for green activists’ agenda

By Steve Milloy
November 14, 2010, Times-Leader (Wilkes-Barre, PA)

Pennsylvania Department of Environmental Protection chief John Hanger is planning to give Alaska’s infamous “Bridge to Nowhere” a run for its money. Continue reading DEP’s plan for Shale pipeline just a conduit for green activists’ agenda

Memo to Issa: Channel Joe McCarthy

By Steve Milloy
November 10, 2010, Washington Times

If California’s Republican Rep. Darrell Issa plans on investigating the Obama administration, he needs to read and digest M. Stanton Evans’ gripping book “Blacklisted by History: The True Story of Senator Joe McCarthy and His Fight Against America’s Enemies” (Crown Forum, 2007). Continue reading Memo to Issa: Channel Joe McCarthy