Category Archives: Government Regulations

Administrator cbdakota Issues EPA Mission Statement


°If cbdakota were appointed the EPA Administrator, he might begin his work issuing this statement:

I thank President Trump for my nomination and the vote approving the nomination.

Our mission will be that the EPA continues to protect the environment and at the same time does not stifle our Nation’s productivity.

secret-epa-scienceOur initial review of the EPA has found some activities, regulations and guidance documents that need to be critically assessed, cancelled or expanded.  The following are several of the items that illustrate the issues we uncovered and our plan to deal with these issues:

Endangerment Finding:

The Endangerment Finding (EF) needs to be re-evaluated, revised and updated using current science.  The EF is largely based upon the IPCC pre-2007 climate science, making it more than 10 years old.  Furthermore, the projections of temperature, sea level and other variables do not match the actual measured temperature and sea level data. These EF projections greatly overstate the size of the changes thus putting into question the amount of endangerment.

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Drain The EPA Swamp-Part 5—Get Rid Of Federal Funding Bias In Climate Research.


 

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

 

Federal Funding Bias

Postings discussing  the bias in allocation of grants for scientific studies are numerous.  The following comes from Dr Roy Spencer’s “Science under President Trump: End the Biases in Government-Funded  Research”  opens up with the following:

Government funds science to support pre-determined policy outcomes

So, you thought government-funded science is objective?

Oh, that’s adorable.

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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 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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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

WikiLeaks Exposes Podesta’s Plot To Damage Scientist Roger Pielke’s Reputation


Roger Pielke, Jr is a professor at Colorado University.  He would probably would call himself a “lukewarmer” a label for those who believe that man has contributed to global warming but not necessarily leading to catastrophic climate in the near future.  He is for a carbon tax which most of we skeptics do not think necessary.

Pielke has said that there is no apparent connection between the rise of atmospheric CO2 and hurricanes, tornados, droughts, or other “weather extremes”’.  The IPCC ( the bible of the catastrophic global warming crowd) has said the same thing—although the warmers don’t like to spread that around.  Pielke has said that the increased cost of weather damage is the result of escalating cost of buildings, houses and the like and the increase of people siting facilities on the coastlines.  Insurance organizations have finally come to that same realization.  So why is it that he has been the subject of scurrilous attacks by people paid to do so by John Podesta’s Center for American Progress (CAP)?    Because he was publishing on sites where people were reading what he said.  He also has testified at Congressional hearings where he discussed his points about “extreme weather”.   Pielke was so severely attacked, including being investigated by a member of Congress, he quit doing his studies about climate. 

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President-Elect Donald Trump–Part 1 US Out Of The Paris Agreement


 

The election of Donald Trump has the environmental industry in a panic.  The money and the  one or two  trips each year to exotic places all funded by the US and others, could be severely curtailed.   The scientist, ever eager to produce study results that indicts man—the only way to get study money—, may no longer  be able to afford their lifestyle if the Government slush funds dry up.  And the forecasts of doom in the far-off future proudly produced by some computer, could be ignored and there goes the forecasters claim to fame. 

un-building

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James Hansen Misfires Again.


Robert Bradley Jr  has made a posting on the MasterResource web site and I am reposting it in its entirety.    Bradley takes on James Hansen,  the so-called  god father of man-made global warming as well as Hansen’s  neophytes.  Hansen has long believed he knows everything there is to know about this issue.  He doesn’t of course and Bradley begins the posting with one of Hansen’s many bad predictions.   It is a good read.

cbdakota

James Hansen: Time to Go CO2 Negative!

By Robert Bradley Jr. — October 5, 2016

“We have at most ten years—not ten years to decide upon action, but ten years to alter fundamentally the trajectory of global greenhouse emissions.”

– James Hansen, “The Threat to the Planet.” The New York Times Review of Books (2006).

“Contrary to the impression favored by governments, the corner has not been turned toward declining emissions and GHG amounts…. Negative CO2 emissions, i. e., extraction of CO2 from the air, is now required.”

– James Hansen, “Young People’s Burden.” October 4, 2016.

Ten years ago, James Hansen predicted doom if mankind did not “fundamentally” reduce global greenhouse gas emissions in ten years. This ultimatum to the world came due this summer.

 

But far from raising the white flag, the father of the modern climate alarm now demands via legal action that CO2 and other GHG emissions go negative “if climate is to be stabilized on the century time scale, as a result of past failure to reduce emissions.”

He continues: “If rapid phasedown of fossil fuel emissions begins soon, most of the necessary CO2 can take place via improved agricultural and forestry practices, including reforestation and steps to improve soil fertility and increase its carbon content.”

And:

‘All deliberate speed’ will be a dominant issue for climate.  Our governments have not accepted the reality dictated by the laws of physics and climate science: we must phase out fossil fuel emissions rapidly. Mother Nature will not wait for bumbling half-baked government schemes for reducing emissions. It will be essential that the Court not only demand all deliberate speed, but continually examine the reality of what the government is accomplishing, and that the government have both short-term and long-term plans of action.

Hansen states that a negative trajectory is possible. Don’t tell that to Americans or to the industrializing world. And don’t look to carbon capture and storage. Or politics.

The obvious question is: when will he throw in the towel and turn from government-directed mitigation to market-directed adaptation. Richer, freer societies adapt to change much better than command-and-control, CO2-rationed economies, after all.

Pretense of Knowledge

Dr. Hansen is dead certain that he understands the physics and economics of climate change to know the problem and the solution. He believes that climate models understand real climate, economic models understand real economies, and policymakers can implement ideals.

Hansen is the ultimate central planner, imaging not only that he has unique knowledge but that the real world will conform to his edicts. In short, Hansen is possessed by a fatal conceit.

It begins with computer models, which have over-predicted real world warming. “We do not know much about modeling climate,” climate scientist Gerald North of Texas A&M University once explained to me. “It is as though we are modeling a human being. Models are in position at last to tell us the creature has two arms and two legs, but we are being asked to cure cancer.” On another occasion, he added: “The problem is difficult, and there are pitifully few ways to test climate models.”

“Computer models just weren’t reliable,” James Lovelock recently stated in reference to his about-face on climate catastrophism. “I’m not sure the whole thing isn’t crazy, this climate change.” Which brings up the futile crusade of James Hansen, which is allowing a speculative, unsolvable problem to divert real resources from here-and-now human needs.

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Study Says CO2 Not Statistically Significant In Global Temperature Change


This might be the most important report written in 2016 and perhaps in this century. In my simple understanding of things global warming, it seems that any honest scientist that reads this must be able to show this report to be wrong or, if not already, join us as a skeptic. By zeroing out natural causes, this report shows why man-made CO2 does not have a statistically significant impact on global warming. It validates other studies, especially ice cores,that show that CO2 is a lagging variable, not a leading variable.

A new report “ On the Existence of a “Tropical Hot Spot “& The Validity of EPA’s CO2 Endangerment Finding” demonstrates that CO2 has only minimal effect on the global warming. The authors of the report challenge critics of these finding by saying :

“Moreover, on an all-other-things-equal basis, there is no statistically valid proof that past increases in Atmospheric CO2 concentrations have caused the reported rising, even claimed record setting temperatures. To validate their claim will require mathematically credible, publically available, simultaneous equation parameter estimation work. Where is it?”

Some background. The damage to the US economy caused by the EPA claiming that CO2 emissions will eventually lead to catastrophic increases in Global temperatures was first permitted as a result of the US Supreme Court telling the EPA to determine if CO2 was hazardous. So if the EPA could make an endangerment  determination, then the Court would allow CO2 (and several other minor greenhouse gases) be added to the Clean Air Act (CAA). CO2 was considered in detail by Congress when they passed the CAA and Congress rejected its inclusion. Once again the Supreme Court, fully aware of Congress’ rejection, decided to legislate –not their prerogative– by including CO2 if the EPA said it was hazardous.

To no one’s surprise, the EPA did conclude it was hazardous and began sending out regulations of all kinds based upon their catastrophic global warming theory. The EPA in their CO2 Endangerment Finding said they had found 3 lines of evidence that demonstrates their Finding: They are:

“The assumption of the existence of a “Tropical Hot Spot (THS)” is critical to all Three Lines of Evidence in EPA’s GHG/CO2 Endangerment Finding. Stated simply, first, the THS is claimed to be a fingerprint or signature of atmospheric and Global Average Surface Temperatures (GAST) warming caused by increasing GHG/CO2 concentrations1. (The new report scientist are challenging this by saying that the proper test for the existence of the THS in the real world is very simple. Are the slopes of the three temperature trend lines [upper & lower troposphere and surface] all statistically significant and do they have the proper top down rank order?)

Second, higher atmospheric CO2 and other GHGs concentrations are claimed to have been the primary cause of the claimed record setting GAST over the past 50 plus years.

Third, the THS assumption is imbedded in all of the climate models that EPA still relies upon in its policy analysis supporting, for example, its Clean Power Plan–recently put on hold by a Supreme Court Stay. These climate models are also critical to EPA’s Social Cost of Carbon estimates used to justify a multitude of regulations across many U.S. Government agencies.

The scientists that issued the report: On the Existence of a “Tropical Hot Spot “& The Validity of EPA’s CO2 Endangerment Finding” have set out in detail their methodology and data used to arrive at their conclusions. These can be examined by clicking on the link above.

In summary, the scientists looked at natural causes for increases and decreases in global temperature as well as man-made causes. CO2 produced by burning of fossil fuels is a man-made source. There were three natural factors—an increase or decrease in Solar radiation, volcanic activity, and ENSO (El NINO Southern Oscillation) . Natural factors can not be the result of human actions.

ENSO is a three part phenomenon.. ElNino, LaNina and Neutral

make_enso_plot_v2-r-enso

El Ninos and La Ninas are irregular in their size and frequency. While this chart goes back to the fifties when ENSO was first recognized, Scripps Institute of Oceanography says:

There have been many El Niños observed in the past. Theres every reason to think that they have been happening for many thousands of years”

Obviously, fossil fuel produced CO2 is not a issue here.

These scientists removed from 13 temperature records the effect of natural causes of temperature changes leaving only the man-made causes. The temperature records were from balloons, satellite, ground and ocean temperature readings.

From the scientists report, here is what they did and found:

“These analysis results would appear to leave very, very little doubt that EPA’s claim of a Tropical Hot Spot, caused by rising atmospheric CO2 levels, simply does not exist in the real world. Also critically important, even on an all-other things-equal basis, this analysis failed to find that the steadily rising Atmospheric CO2 Concentrations have had a statistically significant impact on any of the 13 temperature time series analyzed.

Thus, the analysis results invalidate each of the Three Lines of Evidence in the EPA’s CO2 Endangerment Finding. Once EPA’s THS assumption is invalidated, it is obvious why the climate models they claim can be relied upon, are also invalid. And, these results clearly demonstrate–13 times in fact–that once just the ENSO impacts on temperature data are accounted for, there is no “record setting” warming to be concerned about. In fact, there is no ENSO-Adjusted Warming at all. These natural ENSO impacts involve both changes in solar activity and the 1977 Pacific Shift.

Moreover, on an all-other-things-equal basis, there is no statistically valid proof that past increases in Atmospheric CO2 Concentrations have caused the officially reported rising, even claimed record setting temperatures. To validate their (critic’s) claim will require mathematically credible, publically available, simultaneous equation parameter estimation work. Where is it?

I reviewed a website that had discussed these findings that there is no significant statistical evidence of CO2 causing global warming. Not a single challenge using data and facts. All of critics were saying that “97%” could not be wrong or using ad hominem attacks on the author.

So as the authors of the report say about having a factual disagreement, “Where is it?

cbdakota

“The Experiment–Capitalism vs Socialism”


The following posting by an acquaintance of mine,  David Legates, is  really quite good. This posting appeared in the blog WattsUpWithThat  (https://wattsupwiththat.com/2016/09/23/the-experiment-capitalism-versus-socialism/ .)
David was the Delaware State Climatalogist but because he is a skeptic he was essentially pushed out of the job by the Democrat Governor.   The U of D, Legates’ employer,  has not been supportive either. I attended the conference  last year in DC where Legates was awarded a prize for the skeptic that has faced the most opposition by his employer.
I like the final disclaimer that says “His views do not represent those of the University of Delaware.”
While this posting may seem off message as it is not about catastrophic global warming,  it is a cautionary tale about big brother government.  The current administration views global warming as the greatest threat to civilization.  They are trying to close down all comment by people skeptical of that position.
cbdakota

The Experiment:  Capitalism versus Socialism

What if we could have an experiment to compare the two systems? Wait – we already did.

David R. Legates

Experimentation is a major tool in the scientist’s arsenal. We can put the same strain of bacteria into two Petri dishes, for example, and compare the relative effects of two different antibiotics.

What if we could do the same with economic systems? We could take a country and destroy its political and economic fabric through, say, a natural disaster or widespread pestilence – or a war. War is the ultimate political and economic cleansing agent. Its full devastation can send a country back almost to the beginning of civilization.

We could then take this war-torn country and divide it into two parts. It would have similar people, similar climate, similar potential trading partners, similar geography – but one part is rebuilt using capitalism as its base, while the other rebuilds using socialism and its principles. We’d let the virtues of each system play out and see where these two new countries would be after, say, fifty years.

Don’t you wonder what the outcome might be? Well, as it turns out, we have already performed The Experiment. It’s post-war Germany.

Following the devastation of World War II, Germany was split into two parts. The German Federal Republic, or West Germany, was rebuilt in the image of the western allies and a capitalist legal-political-economic system.  By contrast, the German Democratic Republic, or East Germany, was reconstructed using the socialist/communist principles championed by the Soviet Union. The Experiment pitted the market economy of the West against the command economy of the East.

On the western side, considering what’s being taught in our schools, one might expect that “greedy capitalism” would create a state where a few people became the rich elite, while the vast majority were left as deprived masses. Socialism, by contrast, promised East Germany the best that life had to offer, through rights guaranteed by the state, including “human rights” to employment and living wages, time for rest and leisure, health care and elder care, and guaranteed housing, education and cultural programs.

So the Petri dishes were set, and The Experiment began. In 1990, after just 45 years,The Experiment abruptly and surprisingly ended – with reunification back into a single country. How did it work out?

In West Germany, capitalism rebuilt the devastated country into a political and economic power in Europe, rivaled only by its former enemy, Great Britain. Instead of creating a rich 1% and a poor 99%, West Germans thrived: average West Germans were considerably wealthier than their Eastern counterparts. The country developed economically, and its people enjoyed lives with all the pleasures that wealth, modern technologies and quality free time could provide.

By contrast, East Germany’s socialist policies created a state that fell woefully behind. Its people were much poorer; property ownership was virtually non-existent amid a collectivist regime; food and material goods were scarce and expensive, available mostly to Communist Party elites; spies were everywhere, and people were summarily arrested and jailed; the state pretended to pay its workers, and they pretended to work. A wall of concrete, barbed wire and guard towers was built to separate the two halves of Berlin – and keep disgruntled Eastern citizens from defecting to the West. Many who tried to leave were shot.

By the time of reunification, productivity in East Germany was barely 70% of that in West Germany. The West boasted large, vibrant industries and other highly productive sectors, while dirty antiquated factories and outmoded farming methods dominated the East. Even staples like butter, eggs and chicken – abundant and affordable in West Germany – were twice as expensive in the eastern “workers’ paradise.”

Coffee was seven times more expensive, while gasoline and laundry detergent were more than 2½ times more expensive. Luxury items, like automobiles and men’s suits were twice as expensive, color televisions five times more costly. About the only staple that was cheaper in East Germany were potatoes, which could be distilled into vodka, so that lower caste East Germans could commiserate better with their abundant Russian comrades.

Moreover, state-guaranteed health care in the East did not translate into a healthier society. In 1990, life expectancy in the West was about 3½ years longer than in the East for men, and more than 2½ years longer for women. Studies found that unfavorable working conditions, psychological reactions to political suppression, differences in cardiovascular risk factors and lifestyles, and lower standards of medical technology in East Germany were largely responsible for their lower health standards.

The socialist mentality of full employment for everyone led to more women working in the East than in the West. This pressure resulted in better childcare facilities in East Germany, as mothers there returned to work sooner after giving birth and were more inclined to work full-time – or more compelled to work, to put food on the table, which meant they had to work full-time and run the household. This also meant East German children had far less contact with their parents and families, even as West Germans became convinced that children fared better under their mothers’ loving care than growing up in nurseries.

As the education system in East Germany was deeply rooted in socialism, the state ran an extensive network of schools that indoctrinated children into the socialist system from just after their birth to the university level. While it’s true that today East Germans perform better at STEM (science, technology, engineering, math) studies than their Western counterparts, that may be explained in part by the influx of numerous poorly educated immigrants to former West German areas, and the extensive money invested in the eastern region since reunification.

However, schools of the East were not intended to establish creative thinking, which results in creativity and innovation. Rather, they were authoritarian and rigid, encouraging collective group-think and consensus ideas, rather than fostering outside-the-box thinking, novel philosophies and enhanced productivity. Thus, East German technology was slow to develop and students were often overqualified for available jobs.

Did the East gain any advantage? Nudism was more prevalent in the East, if that was your thing.  Personal interaction was higher too, because telephones and other technologies were lacking. But even though East Germany was much better off than other Soviet satellite countries (a tribute to innate German resourcefulness), East German socialism offered few advantages over its capitalist western counterpart.  In fact, in the years since reunification, homogenization of Germany has been slow, due largely to the legacy of years lived under socialist domination, where any work ethic was unrewarded, even repressed.

Freedom was the single most important ingredient that caused West Germany to succeed. Freedom is the elixir that fuels innovation, supports a diversity of thought, and allows people to become who they want to be, not what the state demands they must be. When the government guarantees equality of outcomes, it also stifles the creativity, diversity, ingenuity and reward systems that allow people and countries to grow, develop and prosper. The Experiment has proven this.

These days in the United States, however, forgetful, unobservant and ideological politicians are again touting the supposed benefits of socialism. Government-provided health and elder care, free tuition, paid day care and pre-school education, guaranteed jobs and wages are all peddled by candidates who feel government can and should care for us from cradle to grave. They apparently think East German socialism is preferable to West German capitalism. Have they learned nothing from The Experiment?

A friend of mine believes capitalism is greedy and evil – and socialism, if “properly implemented,” will take us forward to realizing a better future. I counter that The Experiment proves society is doomed to mediocrity at best under autocratic socialism. Indeed, those who turn toward the Siren call of socialism always crash upon its rocks. But my friend assures me: “Trust me, this time it will be different.”

That’s what they always say. Perhaps Venezuela and Cuba are finally making socialism work?


David R. Legates, PhD, CCM, is a Professor of Climatology at the University of Delaware in Newark, Delaware. His views do not represent those of the University of Delaware.