Category Archives: EPA

“EPA Endangerment Finding Endangers The USA”

My previous posting discussed the need to eliminate the endangerment finding (EF) and to do it quickly.   This posting will be a reposting of an essay by Dennis Avery from WattsUpWithThat, titled “The EPA CO2 endangerment finding endangers the USA”.   Avery  really captures the danger that the ER imposes and an overview of how wrong it is. 

My next posting will look at the “lines of evidence” upon which the EPA based the ER and how these “lines” have been invalidated.




The EPA CO2 endangerment finding endangers the USA

By Dennis T Avery with a foreword by Paul Driessen

October 2 2017

President Trump must reverse EPA’s climate change “Endangerment Finding”

Foreword by Paul Driessen:

The Obama EPA’s infamous “Endangerment Finding” declared that carbon dioxide and methane from fossil fuel operations cause global warming and climate change that pose imminent dangers to the health and wellbeing of every American. In this insightful article, climate history author Dennis Avery explains why this finding is based on bad science and should not be the basis for bureaucratic regulations or court decisions.

As Avery notes, computer climate models have predicted far more warming than has actually occurred in the Real World. Contrary to EPA claims, hurricanes, tornadoes, floods and droughts have not become more frequent or severe. Natural forces and phenomena explain the various climate and weather fluctuations we have observed over the centuries – and demonstrate that CO2 is only a “bit player” in determining these changes. Moreover, new research convincingly shows that solar activity determines the number of cosmic rays hitting the Earth, and thus the extent of low-lying clouds that periodically cool the planet … and at the other end of the cycle bring sunnier skies that warm it.

Guest opinion by Dennis T. Avery

Nine years ago, the Obama Environmental Protection Agency issued an “Endangerment Finding.” It claimed that methane leaks from natural gas production and pipelines, and manmade carbon dioxide emissions from burning fossil fuels, cause dangerous global warming that poses an imminent danger to the health and wellbeing of Americans. However, the Finding was based on computerized climate models that couldn’t even successfully hind-cast the weather we’d had over the past century – much less forecast Earth’s climate 100 years into the future. In fact, Earth’s climate has changed frequently, often abruptly.

EPA essentially asserted that the 80% of our energy that comes from coal, oil and natural gas caused all our planet’s recent warming and any more warming is a long-term threat. Obama’s team thus bet in 2009 that Earth’s warming from 1976–98 would continue. But it didn’t. Never mind all those recent NOAA and NASA claims that 2016 was our “hottest year” ever. Satellites are our most honest indicator, and they say our planet’s temperature has risen an insignificant 0.02 degrees C (0.04 degrees F) since 1998.

That 20-year non-warming clearly shows that the models are worthless for prediction. But the Federal Appeals Court in Washington nevertheless recently cited methane emissions to block regulatory approval for a new natural gas pipeline. The ruling will encourage radical greens to keep thinking they can regulate gas and oil production and transport into oblivion. Alarmists across the country are already citing the new precedent in other cases, in effect demanding re-hearings on Trump’s entire energy plan. Continue reading


The EPA HURTS The Environment And Impedes Law Enforcement

Guest posting by Richard F. Cronin

Sept. 15, 2017

As a Chem. Engr. with 40+ years’ experience, I can tell you that the current embodiment of the U.S. EPA HURTS the environment and impedes law enforcement.

The EPA only responds to the constituency which advances the reach and power of the EPA. That would be radicalized, out-of-control environmental groups. A good read on this topic is “Environmentalism Gone Mad” by Alan Carlin — former Sierra Club activist and EPA analyst.

The minority leader on the U.S. Senate Committee for Public Works & the Environment is Tom Carper (D-DE). He is grossly complicit in the near-criminal activities of the EPA under the Obama administration. I have written to my Senator several times on this topic as well as the chimera of “renewable energy” and have been stiff-armed every time. Senator Carper is up for re-election in 2018 and is rumored to be mulling retirement. It can’t happen fast enough by my lights.

The EPA was established in 1973, by Richard Nixon, another advocate for growing the reach and power of the federal government. The major legislation for Clean Air and Clean Water Acts were passed in the 1960s and after a few revisions became pretty sound, state-of-the-art, readily interpreted, and enforceable body of regulations. All private interests, such as chemical companies, were on a level playing field. Regulations for solid wastes (RCRA) followed in 1976. Again, with a few tweaks RCRA became a pretty good body of regs.

Then in the ensuing years, the layer upon layer of over-regulation accumulated, which degraded the regs into a set of mandates that not even EPA regulators could interpret because of inconsistencies and contradictory guidance.

Continue reading

Repeal The Endangerment Finding–Talk To The RINOs

Somehow, I am on Climate Home’s email list.  The news in this edition is several months old, but a couple of its postings bother me a lot.  While the postings do not address repeal of the Endangerment Finding, they do leave me wondering how committed are the Congressional Republicans to the draining of the EPA swamp”?

Several years ago, a hearing before the Supreme Court was being conducted, that wanted CO2 to be added, as a pollutant, in the Clear Air Act. Congress had passed and the President had signed the Clear Air Act into law a number of years prior to the case in question.  Despite the fact that the legislative body of the US Government had considered CO2 and had rejected it being included, the Supreme court said that the EPA should determine if CO2 was a danger to the nation.  The EPA cherry picked the science from the IPCC, in particular, and announced that indeed CO2 was endangering the nation.  So, the Supremes, ignoring the separation of powers, said ok, it’s now the law of the land that CO2 is a pollutant. From that moment, the EPA has been writing the laws about CO2. They have carte blanc to do whatever they want. 

By now the Trump Administration should have acted to repeal this inclusion of CO2 on several bases.  One: the science is bogus and two: the Supremes overstepped their Constitutional authority.

Continue reading

President Trump Dumps Alarmist Panel-Draining The Swamp Continues

The climate alarmists tell the public that the sea level is going rise 7 to 15 feet by the end of this century.  The crops are going to fail.  There will be mass extinctions.  The extent of the horrors awaiting us in the future are almost unlimited.  The basis for all these catastrophes is the predicted rise in temperature based upon the computer models they have programed. For example, the sea level rise is predicated on a rise of temperature in the range of 4 to 7° C  or greater by the year 2100.  Without the big rise in global temperature, all these supposed disasters will not come to pass.

These computers have been forecasting temperature for many years.  How are they doing?  If a company had their operations run by these computers, they would be out of business by now.  Look at some of the recent revelations. The New American posted “Top Climate Alarmist: Computer Models Wrong, Skeptics Right on “Pause”.  From that posting we get this:

“Count on the Fake News media to ignore a huge admission by a Climategate scientist that there has been no measurable global warming over the past 20 years — something he has previously vociferously denied. The admission by Dr. Benjamin Santer, a top global-warming alarmist, should have made headlines — but, of course it didn’t.

Continue reading

The Myth of Man-made Ozone Depletion

Guest Post by Richard F. Cronin

August 3, 2017

After 31 years working for E.I. DuPont de Nemours here is my understanding about “ozone depletion” — the warm-up act for anthropogenic CO2-induced “global warming”.  Even the proponents of human-induced “ozone depletion” are starting to realize that the thinning of the ozone layer is a natural phenomenon that just waxes and wanes.

Ozone (O3) is produced in the stratosphere by the intense solar radiation causing photo-dissociation of the di-atomic oxygen molecule (O2). The oxygen singlet (- O) is a powerful oxidizing agent and readily reacts with another O2 molecule to yield ozone.   Ozone is not produced during the dark polar winters and its lowest point is in the early spring. The ozone layer is renewed by the sunlit polar summers.

Molina and Rowland published in 1974 and their core premise is that heavier-than-air chloro-fluoro carbons (CFCs) convect upwards using a “one dimensional diffusion model”, where they photo-dissociate due to ultraviolet radiation in the band of 2000 Angstroms to yield ozone -destroying chlorine and bromine. Molina and Rowland also stated that CFCs do not dissolve in water, so they are not scrubbed out by rain at lower elevations. However, it is known that organo-halogens adsorb on dust particles and aerosols which are scrubbed out by rain in the troposphere.  Finally, volcanoes emit CFCs as well as copious amounts of hydrofluoric acid (HF), hydrochloric acid (HCl) and hydrodrobromic acid (HBr) which carry up to the stratosphere. (Ian Plimer, et al).  See “Heaven and Earth” by Ian Plimer, University of Adelaide.  There is always some equilibrium presence of these molecules, in trace quantities.

Click here for Atmospheric aerosols in the Earth System

Continue reading

NOAA’s Stated “Highest” Temperature Years May Not Be Valid

A posting in the WSJ titled “Change Would Be Healthy at U.S. Climate Agencies, such as mentioning margin of error!” illustrates the way that the EPA and NOAA along with the compliant media have been misleading the public about global temperatures. Holman Jenkins, a member of the WSJ editorial board wrote:

The year 2016 was the warmest ever recorded—so claimed two U.S. agencies, NASA’s Goddard Institute for Space Studies and the Commerce Department’s National Oceanic and Atmospheric Administration. Except it wasn’t, according to the agencies’ own measures of statistical uncertainty.
Such fudge is of fairly recent vintage. Leaving any discussion of the uncertainty interval out of press releases only became the norm in the second year of the Obama administration.

Statisticians wouldn’t go through the trouble of assigning an uncertainty value unless it meant something. Two measurements separated by less than the margin of error are the same. And yet NASA’s Goddard Institute, now under Mr. Hansen’s successor Gavin Schmidt, put out a release eclaring 2014 the “warmest year in the modern record” when it was statistically indistinguishable from 2005 and 2010.

Continue reading

Congress Needs To Take Ownership Of Regulations

The preceding posting “Federal Regulations And Intervention Cost America Consumers And Businesses $1.9 Trillion In 2016, discussed the scope and effect regulations have on the economy.  This posting will look at some solutions.

From the CEI posting titled “Ten Thousand Commandments 2017comes the following excerpts:

A regulatory liberalization agenda would provide genuine economic stimulus and offer some confidence and certainty for businesses and entrepreneurs.

Steps to Improve Regulatory Disclosure

Certainly, some regulations’ benefits exceed costs, but net benefits or even actual costs are known for very few. Without more complete regulatory accounting, it is difficult to know whether society wins or loses as a result of rules.

An incremental but important step toward greater openness would be for Congress to require— or for the Office of Management and Budget to initiate—publication of a summary of available but scattered data.

Regulations fall into two broad classes: (a) those that are economically significant (costing more than $100 million annually) and (b) those that are not. Agencies typically emphasize reporting of economically significant or major rules, which OMB also tends to emphasize in its annual assessments of the regulatory state. A problem with this approach is that many rules that technically come in below that threshold can still be very significant in the real-world sense of the term.

Ending Regulation without Representation: The Unconstitutionality Index—27 Rules for Every Law

Agencies do not answer to voters. Yet in a sense, regulators and the administration, rather than Congress, do the bulk of U.S. lawmaking. But agencies are not the only culprits. For too long, Congress has shirked its constitutional duty to make the tough calls. Instead, it delegates substantial lawmaking power to agencies and then fails to ensure that they deliver benefits that exceed costs.

Agencies face significant incentives to expand their turf by regulating even without demonstrated need. The primary measure of an agency’s productivity—other than growth in its budget and number of employees—is the body of regulation it produces. One need not deplete too much time and energy blaming agencies for carrying out the very regulating they were set up to do in the first place.

For perspective, consider that in calendar year 2016 regulatory agencies issued 3,853 final rules, whereas the 114th Congress passed and President Obama signed into law a comparatively few 214 bills. Thus, there were 18 rules for every law in 2016 (see Figure 24). The ratio can vary widely, but the average over the decade has been 27 rules for every law. Rules issued by agencies are not usually substantively related to the current year’s laws; typically, agencies administer earlier legislation. Still, this perspective is a useful way of depicting flows and relative workloads.

Regulatory reforms that rely on agencies policing themselves will not rein in the regulatory state or fully address regulation without representation. Rather, making Congress directly answerable to voters for the costs that agencies impose on the public would best promote accountable regulation. Congress should vote on agencies’ final rules before such rules become binding on the public.

Well, why don’t they vote on agency final rules?

Concern about mounting national debt incentivizes Congress to regulate rather than to increase government spending to accomplish policy ends.

By regulating instead of spending, government can expand almost indefinitely without explicitly taxing anybody one extra penny.

This creates unfunded liabilities. Leaving the people regulated to fund the regulation. Congress could pass a law intending to reduce homicides in the US by requiring an increase of police officers per square mile of city area to match New York’s successful program of 119 officers per square mile.. This would require, for example, a doubling of Chicago’s police force according to a posting by Politics & City Life titled “City Size and Police Presence.” This might be a great idea, but either fund it or let the people in Chicago decide if they want to double the police force.

Affirmation of new major regulations would ensure that Congress bears direct responsibility for every dollar of new regulatory costs. The Regulations from the Executive in Need of Scrutiny Act (REINS) Act (H.R. 26, S. 21), sponsored by Rep. Doug Collins (R-Ga.) and Sen. Rand Paul (R-Ky.), offers one such approach. It would require Congress to vote on all economically significant agency regulations—those with estimated annual costs of $100 million or more. It has passed the House in the current and three previous congressional sessions but has not moved forward in the Senate.

Congressional rather than agency approval of regulations and regulatory costs should be the goal of reform. When Congress ensures transparency and disclosure and finally assumes responsibility for the growth of the regulatory state, the resulting system will be one that is fairer and more accountable to voters.

Please read the entire CEI report by clicking here.