Monthly Archives: December 2016

Drain The EPA Swamp-Part 4—Friendly Law Suits (AKA Sue And Settle)


 

The Trump administration has formed a team charged with making recommendations for changes to the EPA. This action is needed because gone are the days when the EPA followed the legislation written by Congress.  Good things were accomplished by the EPA.  But now the EPA has over stepped it authority. The EPA task is to administer the law, not make it. For example, it has developed criteria to justify their own efforts, often invites “friendly lawsuits to expand their activities, and uses “secret science” to justify their regulations:

The following are some of the areas that the team need to address, in my opinion:

  • Social Cost of Carbon
  • Secret Science
  • Peer Reviewed Studies
  • Friendly Law Suits
  • The Endangerment Finding
  • Research Grants
  • Last Minute Regulations

I posted about the EPA’s bad habit of using friendly law suits (also known as Sue and Settle) to get favorable court rulings which they wanted.   That posting follows:

Have you heard of the Sue and Settle scam often used by the EPA? Generally the idea is for the EPA to ask some non-government , big green organization to sue Cartoon - EPA & Energythem regarding some piece of  legislation. The suit is settled by a consent decree where the EPA and the big environmental group achieved their shared goals. The court sets a deadline for comments from other interested parties that is so brief that no one can make meaningful comments in time to prevent legislation from becoming law.

In 2013, the US Chamber of Commerce (C of C) looked into the Sue and Settle issue posting “Sue and Settle—Regulating Behind Closed Doors”. One of the cases the posting examined is discussed in the following:

Regional Haze Implementation Rules

“EPA’s regional haze program, established decades ago by the Clean Air Act, seeks to remedy visibility impairment at federal national parks and wilderness areas. Because regional haze is an aesthetic requirement, and not a health standard, Congress emphasized that states—and not EPA—should decide which measures are most appropriate to address haze within their borders. Instead, EPA has relied on settlements in cases brought by environmental advocacy groups to usurp state authority and federally impose a strict new set of emissions controls costing 10 to 20 times more that the technology chosen by the states. Beginning in 2009, advocacy groups filed lawsuits against EPA alleging that the agency had failed to perform its nondiscretionary duty to act on state regional haze plans. In five separate consent decrees negotiated with the groups and, importantly, without notice to the states that would be affected, EPA agreed to commit itself to specific deadlines to act on the states’ plans. Next, on the eve of the deadlines it had agreed to, EPA determined that each of the state haze plans was in some way procedurally deficient. Because the deadlines did not give the states time to resubmit revised plans, EPA argued that it had no choice but to impose its preferred controls federally. EPA used sue and settle to reach into the state haze decision-making process and supplant the states as decision makers—despite the protections of state primacy built into the regional haze program by Congress.

As of 2012, the federal takeover of the states’ regional haze programs is projected to cost eight states an estimated $2.16 billion over and above what they had been prepared to spend on visibility improvements.”

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Drain The EPA Swamp—Part 3- Endangerment Finding


cartoon-co2

The Trump administration has formed a team charged with making recommendations for changes to the EPA. This action is needed because gone are the days when the EPA followed the legislation written by Congress.  Good things were accomplished by the EPA.  But now the EPA has over stepped it authority. The EPA task is to administer the law, not make it. For example, it has developed criteria to justify their own efforts, often invites “friendly lawsuits to expand their activities, and uses “secret science” to justify their regulations:

The following are some of the areas that the team need to address, in my opinion:

  • Social Cost of Carbon
  • Secret Science
  • Peer Reviewed Studies
  • Friendly Law Suits
  • The Endangerment Finding
  • Research Grants
  • Last Minute Regulation

Of all the items listed above the most significant is the Endangerment Finding.  The Endangerment Finding was prepared by the EPA at the request of the US Supreme Court.  The EPA was being sued by the State of Massachusetts who alleged that the CO2 should be regulated as part of the Clean Air Act passed years before by Congress.   Documentation showed that the Congress had considered regulation of CO2, but had rejected inclusion of CO2 in the Clean Air Act.  In 2007, The Supreme Court ruled, even though CO2 regulation was rejected by Congress, that if the EPA could show CO2 was endangering the people and Earth, then the Court would rule that it could be regulated. The EPA clobbered together IPCC data and announced, to no one’s surprise, that it was endangering everything.   The Clean Air Act had given the EPA nearly free reign to regulate designated pollutants.  Making CO2 part of that Act, now gave them power to regulate CO2 emissions.

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John Kasich (modern day Don Quixote) Tilting At Windmills


 

The Ohio legislature passed a bill which allowed communities to make Ohio renewable energy standards optional.

The present standard calls on Ohio utilities to secure 12.5 percent of their power from renewable sources and increase their efficiency by 22.5 percent by 2025.

However, Governor John Kasich vetoed the bill saying he liked the idea of many fuel sources.

Renewables are still not competitive with natural gas and coal based electrical power.

Wow, and some people actually wanted to replace Donald Trump with John Kasich.  I believe the person that wanted that the most was Kasich.

The source of this posting is E&E News.

 

cbdakota

Drain The EPA Swamp—Part 2- Secret Science


 

The Trump administration has formed a team charged with making recommendations for changes to the EPA. This action is needed because gone are the days when the EPA followed the legislation written by Congress.  Good things were accomplished by the EPA.  But now the EPA has over stepped it authority. The EPA task is to administer the law, not make it. For example, it has developed criteria to justify their own efforts, often invites “friendly lawsuits to expand their activities, and uses “secret science” to justify their regulations:

The following are some of the areas that the team need to address, in my opinion:

  • Social Cost of Carbon
  • Secret Science
  • Peer Reviewed Studies
  • Friendly Law Suits
  • The Endangerment Finding
  • Research Grants
  • Last Minute Regulations

I will keep this intro in all the Drain The EPA Swamp postings.

The Clean Power regulations by the EPA essentially shuts down coal based generated electrical power.  The regulations have been stayed by the courts.  The question the courts are asking is regarding the damage to the coal industry and the people dependent on that industry.   The “science” used by the EPA to justify these regulations are primarily predicated on the effect of mercury and 2.5 micro particles emitted by these plants. The courts however have no intentions of tackling the science.  This is unfortunate because both the mercury and 2.5 micron particles are bad science.

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Drain The EPA Swamp-Part 1- Social Cost of Carbon


3swamp-1The Trump administration has formed a team charged with making recommendations for changes to the EPA. This action is needed because gone are the days when the EPA followed the legislation written by Congress.  Good things were accomplished by the EPA.  But now the EPA has over stepped it authority. The EPA task is to administer the law, not make it. For example, it has developed criteria to justify their own efforts, often invites “friendly lawsuits to expand their activities, and uses “secret science” to justify their regulations:

The following are some of the areas that the team need to address, in my opinion:

  • Social Cost of Carbon
  • Secret Science
  • Peer Reviewed Studies
  • Friendly Law Suits
  • The Endangerment Finding
  • Research Grants
  • Last Minute Regulations

 

Social Cost of Carbon

The Federal Departments are charged with providing the benefit that results from their regulations. The EPA’s decided that their benefit would be a calculation that they call the Social Cost of Carbon (SCC). Their SCC calculates the economic damage per ton of CO2 emissions. They form the SCC by considering all the bad things they say are going to happen if atmospheric CO2 continues to increase.  Sea level rise, terrible weather, crop failures, mass migrations.  These outcomes are predictions made by their computer models.   One thing we know about the computer model’s predictions is that they have consistently overstated the temperature rise and the sea level rise.  These two drive the cost side of the equation.  Thus, all their regulatory schemes are supposed to prevent these costs.   But the EPA fails to include the benefits of additional atmospheric CO2. One thing we know for sure is the increased atmospheric CO2 has resulted in a profound greening of the globe.  Food crop production has increased dramatically as CO2 is the primary food for plants.  The gentle global warming that has taken place has been beneficial as well.

Another problem with the SCC is the discount rate used by the EPA is unrealistic in the view of many economists.  The Federal Government’s Office of Management and Budget(OMB) believes a in different discount rate. When using OMB discount rate, the EPA cost estimates are reduced by 80% and is some cases cause the cost to be negative. And where the calculation goes negative, the increased atmospheric CO2 results in a benefit, not a cost.

 

Using these flawed computer predictions makes this calculation unsuitable for policy making.  Further, the benefits that are actually known (not computer predicted) are not included thus making the calculation even more useless. And lastly the discount rate chosen by the EPA would not likely be used by most economist.

Social Cost of Carbon calculation currently used by the EPA should be drained from the swamp.

Unfortunately, many new regulatory rules have been enacted based upon the social cost of carbon.  One survey found that between May 2008 and August 2014, some 68 major rules were sanctioned by the SCC.   This is an issue the new team should address.

cbdakota

Dependance On Petroleum?—More Than Just Use As A Fuel


How much do you depend on petroleum-based products?   A few of the non-fuel uses are previewed in the following video:

 


<p><a href=”https://vimeo.com/31586887″>Hydrocarbon Man</a> from <a href=”https://vimeo.com/user8463025″>Robert E. Bailey</a> on <a href=”https://vimeo.com”>Vimeo</a&gt;.</p>

 

cbdakota

Trump Ignores Gore And DiCaprio Advice


Several days ago, on one of the mainstream media TV programs,  two taking heads could not understand how President Elect Donald Trump could appoint a man, who is a skeptic,  to be the EPA head. How, they said, could Trump do this when both Al Gore and Leonardo Di Caprio had just talked to him.  How monumentally ignorant do you have to be to think that those two really know much about climate?

Gore said in his “Inconvenient Truth (Nobel Peace Prize winner, which also tells you how ignorant the Judges are too.) presentation while showing ice core CO2 and temperature data relationship,   that the most important part of the relationship is that “where there is more CO2, the temperature gets warmer.”

Gore did not know he was incorrectly reading the ice core chart which actually show that temperature rises and CO2 levels follow.  And when temperature falls, so does the atmospheric CO2 levels.  See  these posting for more on the ice cores data     here   here  and here.

The following excerpt from the “Great Global Warming Swindle” video,  shows Gore misinterpreting the data.

The entire Great Global Warming Swindle video follows this on YouTube if you wish to watch it.  Its worth your time.

So Gore’s most important inconvenient truth was not factual.

cbdakota