Barbara Boxer

Post image for Gina McCarthy’s Responses to Sen. Vitter’s Questions Part II: Fuel Economy*

Gina McCarthy — President Obama’s nominee to succeed Lisa Jackson as EPA Administrator — is often described as “straight shooter” and “honest broker.” Is that reputation deserved?

Last week, Sen. David Vitter (R-La.) released a 123 page document containing McCarthy’s responses to hundreds of questions on a wide range of issues. Part 1 of this series examined McCarthy’s responses to Vitter’s questions about the agency’s regulation of greenhouse gases from stationary sources. The key points were:

  1. McCarthy and the Air Office over which she presides gave Congress and the electric power sector false assurances that the EPA would not require utilities planning to build new coal-fired power plants to “fuel switch” and build natural gas combined cycle (NGCC) power plants instead.
  2. Such misinformation undercut the credibility of critics who warned that the EPA, if left to its own devices, would use greenhouse gas regulation to prohibit the construction of new coal electric generation.
  3. The EPA’s dissembling on fuel switching may have swayed votes against measures sponsored by Sen. Lisa Murkowski (R-Alaska) in 2010 and Sen. James Inhofe (R-Okla.) in 2011 to reclaim Congress’s authority to determine climate policy.

Agencies are not supposed to provide false or misleading information to influence how Members of Congress vote. Banning new coal generation — the inexorable effect of the EPA’s ‘Carbon Pollution’ Rule — is a policy Congress would reject if proposed as legislation.

Part 1 concluded that confirming McCarthy as Administrator would reward the EPA’s duplicitous pursuit of an agenda Congress has not authorized. Breaking news of the EPA’s grossly unequal treatment of groups seeking information under the Freedom of Information Act (FOIA) — based on whether the groups support or oppose a bigger, more intrusive EPA — leaves no doubt that this out-of-control agency deserves a kick in the butt, not a pat on the back.

Even the Society of Environmental Journalists — hardly a hotbed of libertarians, conservative Republicans, or fossil-fuel industry lobbyists — recently complained that the Obama administration “has been anything but transparent in its dealings with reporters seeking information, interviews and clarification” on environmental, health, and public lands issues, and that, “The EPA is one of the most closed, opaque agencies to the press.”

Today’s post examines McCarthy’s responses to Vitter’s questions about the administration’s motor vehicle mandates. As in Part 1, I begin with an overview of the issues and political back story. For more detailed analyses, see the House Government Oversight and Reform Committee report, A Dismissal of Safety, Choice, and Cost: The Obama Administration’s New Auto Regulations, and my article, EPA Regulation of Fuel Economy: Congressional Intent or Climate Coup? [click to continue…]

Post image for 400,000 Lost Jobs by 2016 — Heritage Study of Boxer-Sanders Carbon Tax Proposal

Heritage Foundation analysts David Kreutzer and Kevin Dayaratna yesterday released a study on the economic impact of carbon tax legislation (the Climate Security Act of 2013) sponsored by Sens. Barbara Boxer (D-Calif.) and Bernie Sanders (I-Vt.). The Boxer-Sanders legislation would establish a new tax that starts at $20 per ton of carbon dioxide (CO2) emitted and increases by 5.6% annually.

As Kreutzer and Dayaratna point out, hydrocarbon fuels supply 85% of all the energy Americans use, and “basic chemistry” dictates that CO2 will be emitted when those fuels are oxydized (burned) to release energy. The economic implications of those facts are significant and unavoidable:

Therefore, a tax on CO2 would be a tax on the 85 percent of energy derived from hydrocarbons and would increase energy costs broadly. The higher energy costs would ripple through the economy, driving up costs of production of virtually all goods and services. Faced with higher costs for energy and other goods, consumers would cut consumption, translating into a reduction in sales and a marked decline in employment. Though rebating the tax partially offsets these impacts, there would still be a net loss of income and jobs.

Using an energy model derived from the Energy Information Administration’s National Energy Model System (NEMS), the Heritage scholars calculate that, compared to a no-carbon tax baseline, the Boxer-Sanders proposal would:

  • Reduce the income of a family of four by more than $1,000 per year.
  • Reduce employment by more than 400,000 jobs in 2016.
  • Decrease coal production by 60% and coal employment by more than 40% by 2030.
  • Decrease employment 10.4% and 20.9% in the iron and steel and aluminum industries, respectively, by 2030.
  • Increase gasoline prices $0.20 by 2016 and $0.30 before 2030.
  • Increase electricity prices 20% by 2017 and more than 30% by 2030
  • Increase federal taxes by $3 trillion through 2030.
  • Reduce GDP by $92 billion in 2020 and $146 billion in 2030.
  • Decrease projected global warming by, at most, 0.11C by 2100 [probably too little to be reliably detected]. [click to continue…]
Post image for Scientists Find No Trend in 370 Years of Tropical Cyclone Data

With Senators Barbara Boxer (D-Calif.) and Frank Lautenberg (D-N.J.) citing Hurricane Sandy as a reason to have another go at climate legislation, to say nothing of the media spin depicting Sandy as punishment for our fuelish ways, it’s useful to look at some actual science.

In a study published in the journal Climatic Change, scientists Michael Chenoweth and Dmitry Divine analyze the history of tropical cyclone activity in the Lesser Antilles from 1638 to 2009. The Lesser Antilles are the string of islands lying along the eastern Caribbean Sea.

The Lesser Antilles intersect the “main development region” for Atlantic hurricane formation, making storm data there “our best source for historical variability of tropical cyclones in the tropical Atlantic in the past three centuries,” the researchers explain.

Using instrumental data on wind speeds going back to 1900 plus wind-force and wind-induced damage reports for earlier periods, Chenoweth and Divine estimate the Lesser Antilles Accumulated Cyclone Energy (LACE) for each year along the 61.5°W meridian from 18 to 25° N latitude.

Storms forming in this area include most that do or could make landfall in the U.S. In the researchers’ words: “About 60% of all tropical cyclones moving from waters off of Africa pass through 61.5°W south of 25.0°N, the remaining 40% either moving north of 25.0°N, dying out or re-curving to the east of 61.5°W.” Chenoweth and Divine note that LACE is “highly correlated” with Carribbean basin-wide Accumulated Cyclone Energy (ACE) since 1899.

So what did they find? In their words: “Our record of tropical cyclone activity reveals no trends in LACE in the best-sampled regions for the past 320 years. Likewise, even in the incompletely sampled region north of the Lesser Antilles there is no trend in either numbers or LACE.” [click to continue…]

Post image for Cap-and-Trade Setback In California

California Superior Court judge Ernest Goldsmith ruled on Friday that the state’s Air Resources Board (ARB) must halt “any futher rulemaking and implementation of cap-and-trade” until the agency examines alternatives policies to meet the greenhouse gas-reduction targets established by Assembly Bill 32, the Global Warming Solutions Act. ARB must also, pursuant to the California Environmental Quality Act (CEQA), complete a review of the environmental impacts of its preferred regulatory strategy before adopting it.

Note: The ruling does not challenge AB 32 itself, and petitioners in the case are greenies who think ARB’s plan to curb greenhouse gas (GHG) emissions doesn’t go far enough. Nonetheless, this is a setback to California politicians and cap-and-taxers throughout the land. ARB has 15 months to provide the requisite analyses. ARB says it will appeal the decision. Rots of ruck! [click to continue…]

“California is experiencing the fastest rate of of companies relocating to out-of-state or out-of-country locations since a specialized tracking system was put into place two years ago,” reports business relocation coach Joseph Vranich. Seventy companies completely or partly moved their operations out of California since Jan. 1, 2011 for reasons other than business expansion. 

Vranich says the 70 “disinvestment events” understate the exodus of capital and jobs from California: “It’s estimated that only one out of five losses becomes public knowledge, if that.”

Why are companies leaving the Golden State? As you might expect, California’s out-of-control spending, high taxes, and burdensome regulations figure among the top 10 reasons. Vranich, however, recently added high energy costs to the list:

The #10 Reason (New!) – Unprecedented Energy Costs: The California Manufacturers and Technology Association states that commercial electrical rates here already are 50% higher than in the rest of the country. However, a law enacted in April 12, 2011 requires utilities to get one-third of their power from renewable sources (e.g., solar panels, windmills) within nine years. Look for costs to increase by another 19% in many places to a whopping 74% in Los Angeles. Such new burdens along with upcoming regulations stemming from the “California Global Warming Solutions Act” set potentially overwhelming obstacles to companies here as they try to meet competition based in other states and in foreign nations.

 For many years, California Democrats — notably Rep. Henry Waxman and Sen. Barbara Boxer — have been at the forefront of congressional efforts to enact cap-and-tax and promote EPA’s greenhouse power grab. Waxman and Boxer have worked tirelessly to export California’s energy (or anti-energy) policies to the rest of the nation. They continue to push the “California model” as the path to a “clean energy future.” Vranich’s report is a sobering reminder of how foolish it would be for the nation to take their advice.

If Reps. Henry Waxman (D-Calif.) and Ed Markey (D-Mass.) in the House, or Sens.  Barbara Boxer (D-Calif.) and Harry Reed (D-Nev.) in the Senate, were to introduce legislation authorizing EPA to use the Clean Air Act (CAA) as it sees fit to regulate greenhouse gases (GHGs), would the bill have any chance of passing in either chamber of Congress?

No. Aside from a few diehard global warming zealots, hardly any Member of Congress would vote for such a bill. Most lawmakers would run from such legislation even faster than the Senate last year ditched cap-and-trade after its outing as a hidden tax on energy. 

Now consider what that implies. If even today, after nearly two decades of global warming advocacy by the United Nations, eco-pressure groups, ‘progressive’ politicians, left-leaning media, corporate rent-seekers, and celebrity activists, Congress would not pass a bill authorizing EPA to regulate GHGs, then isn’t it patently ridiculous for EPA and its apologists to claim that when Congress enacted the CAA in 1970 — years before global warming was a gleam in Al Gore’s eye — it gave EPA that very power?

These simple questions cut through the fog of sophistry emitted by the likes of Waxman, Markey, and Boxer to defend EPA’s hijacking of legislative power. As I have explained elsewhere in detail (here, herehere, and here), EPA, under the aegis of the Supreme Court’s poorly-reasoned, agenda-driven decision in Massachusetts v. EPA, is using the CAA in ways Congress never intended and never subsequently approved. EPA is defying the separation of powers. It should be stopped. [click to continue…]

Post image for Is the Public Clamoring for More EPA Regulation?

Is the public clamoring for more EPA regulation?

That’s what Sen. Barbara Boxer (D-Calif.) claimed yesterday in a speech on the Senate floor (Congressional Record, pp. 1955-57) denouncing S. 493, the McConnell amendment/Inhofe-Upton Energy Tax Prevention Act, which would stop EPA from ‘legislating’ climate policy.

Boxer cited a poll finding that 69% of Americans believe “EPA should update Clean Air Act standards with stricter pollution limits.” Of course, most people want cleaner air in the abstract. That tells us nothing about how much those same people are willing to pay for cleaner air, or what other public priorities (e.g. affordable energy, job creation) they are willing to sacrifice or put at risk. In the abstract, most people also support a balanced budget.  But that does not necessarily mean they want Congress to cut their favorite programs or raise taxes. Without meaning to, people can easily “lie” to a pollster (see the accompanying cartoon).

In an earlier post today, I note that in the November 2010 elections, voters punished lawmakers pushing the EPA-Obama-Boxer stealth energy tax agenda formerly known as cap-and-trade. Elections are the most relevant “poll” for guiding legislative deliberations.

Maybe Boxer thinks she has more up-to-date information about public attitudes. But a very recent opinion survey conducted by the Tarrance Group directly contradicts the poll Boxer cites. Here are the results, as summarized in the Tarrance Group’s March 30, 2011 press release: [click to continue…]

Post image for S. 482: A Skeptical Review of Boxer’s Tirade

Yesterday, Sen. Barbara Boxer (D-Calif.) mounted a tirade (Congressional Record, pp. 1955-57) against the McConnell amendment (a.k.a. S. 482, the Inhofe-Upton Energy Tax Prevention Act) to the small business reauthorization bill (S. 493). The amendment would stop EPA from ‘legislating’ climate policy under the guise of implementing the Clean Air Act (CAA), a statute enacted in 1970, years before global warming emerged as a public policy issue.

The Senate is expected to vote later today on S. 493, so it worthwhile examining Boxer’s speech, which opponents of the bill will undoubtedly recycle in today’s debate.

I discuss the rhetorical traps S. 482 supporters should avoid in an earlier post. Stick to your moral high ground, namely, the constitutional premise that Congress, not an administrative agency with no political accountability to the people, should make the big decisions regarding national policy. The fact that Congress remains deadlocked on climate and energy policy is a compelling reason for EPA not to ‘enact’ greenhouse gas (GHG) controls. It is not an excuse for EPA to substitute its will for that of the people’s representatives.

Okay, that said, let’s examine Boxer’s rant. It is lengthy, repetitive, and often ad homonym, so I’ll try to hit just the main points. [click to continue…]

Post image for Waxman’s Latest Talking Point Is Wrong

Jean Chemnick at Energy & Environment News this morning reported on a Center for American Progress event yesterday, during which U.S. Representative Henry Waxman made an eye-catching claim about the politics of energy rationing. According to Waxman, the conventional wisdom that “energy and environmental issues are more regional than partisan” is wrong, because “there is now a starker divide between the parties on environmental issues than at any time during my career.”

The record suggests otherwise. Consider,

Former Vice President Al Gore is the gift that keeps on giving to opponents of global warming alarmism and energy rationing policies. He leads what I think of as the Dream Team: Gore is the public leader; James Hansen is the go-to scientist; Reps. Henry Waxman (D-Beverly Hills) and Ed Markey (D-Mass.) pushed through a cap-and-trade bill in the House that killed cap-and-trade; Sen. John McCain (R-Ariz.) was the main promoter in the Senate; when he dropped the ball, Sen. Barbara Boxer (D-Calif.) was in charge for awhile; and she has now been replaced by Sen. John Kerry (D-Mass.) with help from Sen. Lindsey Graham (R-S.C.).

I used to think that we were just incredibly lucky that the alarmist movement was led by this group of second raters.   I now realize that it isn’t luck.  Global warming alarmism attracts incompetents, know-nothings, and looney tunes.

We have missed Al Gore in the debate, but luckily Kerry and Graham were fully up to sinking cap-and-trade in the Senate (not that it had much chance anyway) without any help from the leader of the forces of darkness. So it was good to see that Gore returned this week on a conference call sponsored by Repower America (aka the Alliance for Climate Protection).

Gore on the conference call acknowledged that cap-and-trade was dead and that the alarmists had lost in 2010.  He bitterly blamed the usual suspects: Big Oil, King Coal, right-wing media, and professional deniers (I believe that is where he would put me and CEI).  This is boilerplate nonsense.  Three of the big five oil companies (BP, Shell, and Conoco Phillips) support cap-and-trade, as well as most of the big electric utilities (Duke Energy, P G and E, Exelon, PNM Resources, Entergy, etc.) and many other major corporations, such as General Electric, Dow Chemical, General Motors, and Ford Motor.  Cap-and-trade died when the American people found out that it was a colossal transfer of wealth from them to corporate special interests (see the list in the previous sentence).

Gore even said that our system of government was not working as the founders intended it to work.  In fact, in the debate over cap-and-trade the system of checks and balances in the Constitution is working exactly as the founders intended.  It has prevented an elite from hijacking the economy for its own enrichment.

I can see why Gore is bitter.  His comparatively modest investments in green energy promised to make him a global warming billionaire if cap-and-trade were enacted. Unluckily for him, the American people have said no emphatically.

[This was originally posted on Politico’s Energy Arena here.]