Myron Ebell

Post image for Senate EPW Minority Releases Report on Endemic Use of Private E-mails at EPA

The Republican minority on the Senate Environment and Public Works Committee, led by the ranking Republican, Senator David Vitter (R-La.), last week criticized the Office of the Inspector General of the Environmental Protection Agency for lackadaisical investigations of several areas of continuing malfeasance at the EPA. One area is the OIG’s flawed and incomplete report on the use of private and alias e-mail accounts by high EPA officials to conduct official business.  EPW Republicans note that the “OIG relied solely on interviews of EPA officials willing to co-operate, and never examined in any way actual staff e-mails.”

Their criticism continues: “Additionally, according to the OIG, they have no authority to review the use of private e-mail accounts for agency business beyond asking the employee if they had ever improperly used a private e-mail account, and did not follow-up or fact-check.  Moreover, investigators never spoke to former EPA Administrator Lisa Jackson or former General Counsel Scott Fulton, two senior level officials who played central roles in the controversy, nor did the OIG examine or compare the practice of using alias accounts by Administrator Jackson and past Administrators. The OIG also did not review the e-mails showing that EPA officials were inappropriately using their e-mail accounts that were produced in response to multiple FOIA requests.”

Those Freedom of Information Act requests were filed by Chris Horner, my CEI colleague.  The revelations that the EPW Republicans are complaining about resulted primarily from lawsuits filed by CEI because the EPA refused to comply with the law.  In a press release, Horner states: “Although EPA officials, like Region 9 Administrator Jared Blumenfeld, denied use of private e-mail accounts for business purposes to the EPA’s Office of Inspector General, just this week the EPA produced more than 150 megabytes of supposedly non-existent, EPA-related e-mails from Blumenfeld’s Comcast account.”

Horner continues: “Blumenfeld is only one of numerous officials whose use of private e-mail accounts CEI uncovered.  Others include former Region 8 Administrator James Martin, who has since resigned, and current Region 2 Administrator Judith Enck, whose account appears to be the same one she used during previous work at an environmental pressure group.  So far, e-mails from these types of accounts have revealed relationships between EPA officials and special interest groups that are far too close for comfort.”

The EPW Republicans’ statement lists seventeen political appointees at the EPA whose use of private e-mail accounts for conducting private business have been revealed by CEI’s FOIA litigation.

Post image for Ohio Legislature Mulls Repeal of Green Energy Mandate

Several state legislatures are considering bills this year to repeal or eliminate renewable energy mandates for generating electricity.  This week, Greg Lawson of Ohio’s Buckeye Institute arranged for me to testify before the Ohio Senate’s Public Utilities Committee on a bill to repeal their two-part mandate, which was enacted in 2008.  Ohio’s law requires that 12.5% of the electricity consumed in Ohio be generated from renewable sources by 2025 and another 12.5% from “advanced energy technologies,” also by 2025.  A third title requires major increases in energy efficiency, but it is not targeted for repeal in the bill under consideration.

My testimony is posted here. The other witnesses, all in favor of repeal, were Greg Lawson of the Buckeye Institute, Jay Lehr of the Heartland Institute, Travis Fischer of the Institute for Energy Research, and Michael Farrin, a Ph. D. candidate at Ohio State University.  A short summary of the hearing was posted at SaveOurSkylineOhio.

I was impressed by the capability of the Senators on the Public Utilities Committee on both sides of the aisle, but was especially impressed by the chairman, Bill Seitz.  He was a major opponent of the renewables mandate when it was passed in 2008 and is now leading the effort to repeal it.  The main sponsor of the bill, SB 34, is Senator Kris Jordan, who is not a member of the committee.  Ohio is home to several of the leading anti-wind activists in the country, including Tom Stacy, who attended the hearing, along with Kevon Martis, an anti-wind leader in Michigan.

Senate Minority Leader Mitch McConnell (R-Ky.) announced on 16th January that he and at least forty other Republican Senators would file a resolution of disapproval under the Congressional Review Act to block the EPA’s regulation of greenhouse gas emissions from new coal and natural gas power plants.  EPA finally published its second version of the proposed rule on 8th January.

Sen. McConnell also wrote a letter to the comptroller general of the Government Accountability Office asking for a determination that his resolution of disapproval complies with the CRA.  Final rules, not proposed rules, are subject to Senate and House votes under the CRA.  McConnell argues in the letter that the proposed rule falls into a special category because any power plants that begin construction after the proposed rule was published on 8th January will be subject to the rule when it becomes final.  Thus, the proposed rule is in a sense already final.  If the comptroller general agrees with McConnell, then under the provisions of the CRA McConnell and his Republican colleagues can force a floor vote and the resolution will pass if it gets a simple majority.

There is clear majority support in the House of Representatives to block the EPA rule.  This week, the Energy and Power (sic) Subcommittee of the House Energy and Commerce Committee marked up a bill that would block the proposed rule for new power plants and send the EPA back to the drawing board.  H. R. 3826, the Electricity Security and Affordability Act, passed the subcommittee by a vote of 18 to 11.  The bill’s chief sponsor is the subcommittee’s chairman, Representative Ed Whitfield (R-Ky.).  A similar bill has been introduced in the Senate by Senator Joe Manchin (D-WV).

Post image for Obama Names John Podesta as Counselor, Will Focus on Energy and Climate

President Barack Obama on 10th December named John Podesta as counselor to the president.  Podesta has reportedly agreed to help the President in his time of troubles for a year.  The White House announced that Podesta would advise the President on a range of issues, but specifically mentioned climate and energy.

Podesta was a co-chair of the Obama-Biden transition team in 2009 and has been an unofficial but highly influential outside adviser to the Obama Administration for the past five years.  In 2003, he founded and became president of the Center for American Progress, the leftist think tank and advocacy organization that provided much of the ammunition to oppose the policies of the George W. Bush Administration.  CAP continues as a major influence on the Democratic Party in Congress and on the Obama Administration.  This fall Podesta announced that he was founding the Washington Center for Equitable Growth, which will promote share-the-wealth and other class warfare policies.

Podesta served as deputy White House chief of staff and then chief of staff from 1998 to 2001 in the Clinton Administration.  Before joining the Clinton White House, Podesta was one of then-Senator Tom Daschle’s closest advisers and served in several high level committee and leadership staff positions in the Senate.   Podesta is from Chicago.  Although I don’t know whether Podesta has ever been active in Chicago politics, he knows how politics is played in Chicago.  He is extremely able, politically shrewd, and tough.

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Post image for Update on COP-19: Tuesday Was Climate Gender Day

Editor’s note: CEI’s Myron Ebell is at the 19th Conference of the Parties to the United Nations Framework Convention on Climate Change in Warsaw, Poland. Below is his first report.

Tuesday was one of the special theme days at COP-19 in Warsaw. It was Gender Day. I couldn’t go to many of the gender-related events because there were several important sessions that were part of the official negotiating process that I wanted to attend, but I was able to attend the high-level event organized by the Secretariat of the UN Framework Convention on Climate Change.

The UNFCCC has adopted several resolutions on gender equality and women’s participation beginning in 2001. Last year at COP-18 in Doha, Qatar, they committed to gender balance in the Secretariat and member delegations.

The gender event on Tuesday was moderated by the executive director of the UNFCCC, Christiana Figueres. She began by saying that we should keep our feet on the ground but raise our eyes to the stars. She asked the speakers to tell the audience (of several hundred people) what their dreams were and to talk from their hearts and souls rather than their minds.

Bianca Jagger’s remarks were low key and modest. She said that her dream was ending violence against women. Lakshmi Puri, deputy director of UN Women, said that women were more adversely affected by climate change, but could do more to stop it than men.  Helen Clark, the head of the UN Development Programme and former prime minister of New Zealand, seconded that and said that the climate justice agenda included universal access to sustainable energy.

Mary Robinson, the former president of Ireland and former UN high commissioner on human rights, noted that there were more than a billion people without access to electricity and more than two billion whose meals were cooked, usually by women, on open fires. She somehow thought that “doing the right thing on climate” will somehow relieve this widespread energy poverty by creating a more just world with less inequality. She added that fossil fuels are a stranded asset as people have come to realize that, “like asbestos, they are too dangerous to use.”

Tara Holonen, the former president of Finland, introduced the new Environment and Gender Index. It ranks 72 nations according to six performance categories. The gender equality measurements don’t seem to have any connection to the environmental quality measurements, so the index makes little sense. The index was produced by the International Union for the Conservation of Nature, which was once a respectable science and conservation group. The IUCN now describes itself as “a leader on gender issues in the environmental arena.” (www.EnvironmentGenderIndex.org)

A young Australian climate activist was invited from the audience to join the panel when one of the speakers was unable to attend. She said that the sole reason she fights for climate justice is to improve the lot of poor women in the developing world.

The highlight of this gender event, which was only one among many held on this special Gender Day, was the singing of a song composed especially for the event. It was sung magnificently by Elizabeth Njorge, who heads a foundation in Kenya that is dedicated to bringing art and music education to some of the poorest children in Kenya. Titled Vision 50/50, the song’s chorus reads: “We have a dream, a dream of hopes to turn a page that marks a golden age, A greener course, a greener course for planet Earth.” Note that the lyricist refrained from calling it Mother Earth, although the word “sustainable” is used in one of the verses.

Post image for COP-19 Starts in Warsaw on November 11

The nineteenth Conference of the Parties (COP-19) to the United Nations Framework Convention on Climate Change begins in Warsaw, Poland, on Monday, 11th November.  After the failure to agree on a successor to the Kyoto Protocol at COP-15 in Copenhagen in 2009, the 195 parties to the UNFCCC at COP-18 in Doha, Qatar last year extended Kyoto while a new treaty is negotiated.  COP-19 is supposed to be the beginning of those negotiations.  A complete draft is due to be released at COP-20 in Lima, Peru in 2014, and the final version is due to be signed at COP-21 in Paris in December 2015.  The UNFCCC aims to have the “Paris Protocol” ratified and in effect by 2020.

That’s the schedule that has been agreed upon, but so far there is little sign that much progress will be made in Warsaw over the next two weeks.  One obstacle to making substantive progress is an ongoing dispute over procedural issues.  The UNFCCC makes decisions by consensus of the 195 member countries, but Russia objected last year at COP-18 in Doha that the chairman had ruled that a consensus had been reached to extend the Kyoto Protocol even though Russia, Ukraine, and Belarus strongly objected.  At the annual meetings of the subsidiary bodies in Bonn last summer, Russia successfully blocked proceeding with the agenda until the issue of decision making was considered.

Now, Russia has sent a letter to the UNFCCC Secretariat asking that defining consensus be placed on the agenda for Warsaw. On the other side, Mexico and Papua New Guinea in 2011 proposed that when a consensus cannot be achieved, decisions can be agreed by a majority of at least three-quarters.  India and China strongly objected to that proposal.

Assuming that these procedural squabbles don’t take up the whole two weeks, three of the main issues that could be considered are flexibility, inclusivity, and payoffs.  The Kyoto Protocol is a set of mandatory emissions reductions targets and timetables that were initially applied to 37 developed countries.  The United States never ratified Kyoto, and Canada withdrew last year.  United States senior climate negotiator Todd Stern in a speech in London last month said that the successor to Kyoto must be much more flexible. This flexibility could go so far as to allow each country to devise its own plan to lower emissions.  The European Union, on the other hand, supports continuing with legally binding targets.

Inclusivity is a key issue because of the rapid increase in greenhouse gas emissions in China and India.  China is now the world’s largest emitter by a wide margin over the United States, and India’s emissions have also increased fairly rapidly.  Thus, most developed countries naturally think that China (and India and Brazil) should undertake economically-damaging emissions reductions just as they have.  India, in particular, strongly disagrees.  India argues that the West caused the problem and so must solve the problem.  India recognizes that their continuing economic progress depends on inexpensive fossil-fuel energy.

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The comically-named Center for American Progress celebrated the tenth anniversary of its founding on 24th October with a daylong policy conference.  The glittering list of heavyweight speakers testifies to CAP’s influence within the political left and on the Obama Administration.  Not much attention was paid to the Democrats’ greatest achievement during the Obama years—enactment of the Affordable Care Act.  On the other hand, climate policies and the Keystone Pipeline got lots of attention.

The intellectual quality of what was said ranged from embarrassing to disgraceful.  I listened to it, so you don’t have to, but if you do want to listen, C-Span archived video of the entire conference here.

Former EPA Administrator and White House climate czar Carol Browner, former White House green jobs czar Van Jones, and billionaire anti-Keystone campaigner Thomas Steyer spoke on a climate panel moderated by CAP founder John Podesta.  Asked to grade the Obama Administration’s climate policies, Browner said that compared to the House of Representatives Obama gets an A-plus.  She said that the EPA was created by President Nixon because the States weren’t up to the job.

Browner was emphatic that some States are not regulating hydraulic fracturing adequately and that the EPA must take over.  She also predicted that President Obama would eventually decide to deny the permit to build the Keystone Pipeline.

Browner compared the Clinton Administration unfavorably with the Obama Administration on climate policy.  She said that when she was EPA Administrator in the Clinton Administration, if she wanted to regulate greenhouse gas emissions, she had to go to the White House and argue for it.  But Lisa Jackson and Gina McCarthy, Obama’s EPA chiefs, only have to argue about the level of regulation.

Steyer’s remarks were low-key and brief.  He said that we must stop the Keystone Pipeline and must demand that polluters pay for the negative impacts of burning fossil fuels.

Jones was by far the most engaging and provocative.  He began by saying that progressives suffer from low self esteem.  President Obama put $90 billion of stimulus funding into green energy; the Bureau of Labor Statistics says there are 3.1 million green jobs; there are now 100,000 jobs in the wind industry compared to 80,000 coal miners; and yet progressives talk about Solyndra.  He didn’t compare the per capita energy output of wind and coal employees.

Jones went on to say that a majority of the “white community” voted for Mitt Romney for president even in California.  Thus: “So left to the white community by itself, we would have a horrible set of environmental policies in place.  We would be burning and drilling everywhere.”

Jones claimed that the U. S. military is “freaked out” by the national security risks of climate change, which is why they include it in all their planning and are investing heavily in renewable energy.  And he expressed dismay that in 2008 John McCain agreed that global warming was a threat and that we must pass cap-and-trade, whereas today the Republican Party has been taken over by lunatics and crazy people.

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The Senate Energy and Natural Resources Committee held a hearing on 17th September on the nomination of Ron Binz to be chairman of the Federal Energy Regulatory Commission.  It was not a pleasant day for Mr. Binz, but his week went downhill from there.

Senator Lisa Murkowski (R-Alaska), ranking Republican on the committee, asked Binz why he had told her in a private meeting that he wasn’t working with an outside PR firm to support his confirmation, when e-mails released soon after showed that he was working with the hard-left firm Venn Squared Communications plus two lobbyists who have many energy company clients.  In response, Binz said, “I apologize if I have left a different impression from what we now agree has happened.”

It didn’t work.  Senator Murkowski announced at the end of the hearing that she could not support Binz’s confirmation.  The next day Senator Joe Manchin (D-WV) announced that he would vote no.  Then Senator Dean Heller (R-Nev.), who always has to worry about what his fellow Nevada Senator, Majority Leader Harry Reid, can do to him, sent out a press release announcing that he would vote no.  By the end of the week, all the Republican Senators on the committee had come out against Binz.  If Manchin plus all the Republicans vote against him in committee mark-up, the nomination will fail on an 11 to 11 tie.

Post image for Gore Hijinks: Everyone’s Favorite Crazy Uncle Al Is On the Loose Again

Congress is in the middle of its August recess, so it was up to Al Gore to provide a little light relief in Washington this week.  He didn’t disappoint.  The Washington Post’s soft lefty blogger Ezra Klein asked the former Vice President some easy questions last week, and once again Mr. Gore made it clear why he’s seldom let out of his box without adult supervision. He claimed that “in quite a few countries in the world and some parts of the United States we’ve crossed that threshold” where electricity produced by windmills and solar panels is cheaper than from coal.  (Which is, I guess, why President Obama wants to make wind and solar tax subsidies permanent.)

Mr. Gore sees a number of signs and portents that the global warming debate is shifting in favor of the alarmists’ energy-rationing agenda.  For one thing, “The appearance of more extreme and more frequent weather events has had a very profound impact on public opinion in countries throughout the world.”

That may be true, but Mr. Gore doesn’t stop there.  He goes on to claim: “There has been a 100-fold increase in the number of extreme, high-temperature events around the world in the distribution curve.  And people have noticed for themselves — the rain storms are bigger, the droughts are deeper and the fires are more destructive…. Every night on the news, it’s like a nature hike through the book of revelations. Eleven states today are fighting 35 major fires!”

According to Mr. Gore, the “leading scientists” now agree that “every extreme weather event now has a component of global warming in it.”  Furthermore: “The extreme events are more extreme. The hurricane scale used to be 1-5 and now they’re adding a 6. The fingerprint of man-made global warming is all over these storms and extreme weather events.”

Even the Union of Concerned Scientists saw that “adding a 6” to the hurricane scale was making the fantasy a little too specific and thus open to contradiction by a simple fact check.  So UCS’s Gretchen Goldman gently corrected the former Vice President’s little mis-statement, while adding that “the rest of the interview included accurate and important information and it’s unfortunate that this blip made its way in.”

For the record, rather than a “100-fold increase” there has been no upward trend in hurricanes or other extreme weather events. The increased number of catastrophic fires in the West is due almost entirely to criminally negligent federal mismanagement of our National Forests.  See my CEI colleague Marlo Lewis’s recent summary of current climate science to see how very far from reality are Mr. Gore’s claims.

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Greenwire reporter Emily Yehle this week broke the news that then-EPA Administrator Lisa Jackson intentionally used her private e-mail account to conduct official business, which is contrary to federal transparency and record-keeping laws.  In an e-mail to Alison Richards, a lobbyist for Siemens Corporation, Jackson wrote, “P.S. Can you use my home email rather than this one when you need to contact me directly? Tx, Lisa.”

This e-mail was made public as part of the latest tranche of “Richard Windsor” e-mails released by the EPA in response to federal court order enforcing a Freedom of Information Act request filed by the Competitive Enterprise Institute last year.  Chris Horner, my CEI colleague who filed the FOIA request, commented that the e-mail to the Siemens lobbyist is the smoking gun that proves Jackson was deliberately evading the rules in order to conceal some of her official business from public scrutiny.

In another FOIA lawsuit against the EPA, federal District Judge Royce Lamberth ruled on 14th August that the Landmark Legal Foundation can question top EPA officials about their use of private e-mail accounts to conduct official business.  Lamberth wrote that, “The possibility that unsearched personal email accounts may have been used for official business raises the possibility that leaders in the EPA may have purposefully attempted to skirt disclosure under the FOIA.”

As Chris Horner told the Washington Times, “FOIA works on an honor system, and those systems only work with people of honor. So you see the problem.”

And in related news, Representative Darrell Issa (R-Calif.), Chairman of the House Oversight and Government Reform Committee, has sent a letter to IRS official Lois Lerner asking her to turn over all e-mails from her private account in which official government business was conducted. Lerner is a central figure in the scandal over IRS targeting of Tea Party groups.  The committee’s investigation turned up evidence that Lerner was forwarding official IRS documents to her “Lois Home” account at msn.com.