The EPA gives millions to the environmental groups that sue it. “When the EPA settles or loses those suits, it then awards the groups millions more in attorneys’ fees,” notes legal commentator Walter Olson. “‘The EPA isn’t harmed by these suits,’ said Jeffrey Holmstead, who was an EPA official during the Bush administration. ‘Often the suits involve things the EPA wants to do anyway. By inviting a lawsuit and then signing a consent decree, the agency gets legal cover from political heat.’ Holmstead called this kind of litigation ‘sweetheart suits.’”
The EPA gave millions to groups that sued it to get it to regulate greenhouse gases, like the Environmental Defense Fund and Natural Resources Defense Council. Those groups brought a lawsuit that led to the Supreme Court’s 5-to-4 decision in Massachusetts v. EPA (2007), which vastly expanded the EPA’s jurisdiction. More recently, they sued to compel the EPA to issue greenhouse gas “performance standards” for power plants and refineries. In a recent settlement, the EPA agreed to do just that. Critics “said the costly settlement was ‘concocted in secret’” and that other lawsuits by EPA grantees resulted in collusive settlements that cost the economy billions, increased the EPA’s powers, and gave environmental groups things that they were unlikely to win in any court ruling.
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The Competitive Enterprise Institute announced today that it is acting as co-counsel in a recently filed lawsuit in the state of New York against the state’s participation in the Regional Greenhouse Gas Initiative (a state cap and trade program). The lawsuit has been filed on behalf of small business owners in New York State who have faced increased electricity costs, and can be read here (.pdf). The American Spectator has a short write up here. The basis for the suit relies on the fact that elected officials in New York enrolled in the RGGI without approval by the state legislature. New York is the only state involved with RGGI who entered the initiative without approval from its legislature. As RGGI has forced electricity generators to purchase annual carbon allowances, it has raised the price of electricity for New York residents, effectively acting as a tax on electricity producers (those who produce more than 25 megawatts annually) in New York. [click to continue…]
President Barack Obama this week nominated John Bryson to be Secretary of Commerce. Senator James M. Inhofe (R-Okla.) immediately announced that he would try to defeat Bryson’s confirmation by the Senate. It’s easy to see why Inhofe didn’t have to spend much time weighing Bryson’s qualifications. Bryson is a model crony capitalist, lifelong professional environmentalist, and leading promoter of cap-and-trade legislation to raise energy prices.
Here is what Bryson said at a symposium at the University of California, Berkeley, in 2009: “Greenhouse gas legislation – either with a tax or with a cap and trade, which is a more complicated way of getting at it, but it has the advantage politically of sort of hiding the fact that you have a tax, but at the same – you know that’s what you’re trying to do, trying to raise price of carbon….” He went on to say that the Waxman-Markey and other cap-and-trade bills in Congress would not raise energy prices enough to reduce greenhouse gas emissions by the required amount, so that he also favored federal regulations, such as renewable requirements for electric utilities, on top of cap-and-trade. Later, Bryson referred to Waxman-Markey as a “moderate but acceptable bill.”
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Driving is an American pastime on Memorial Day weekend. Indeed, today’s holiday is THE road trip occasion in American culture. This acute association explains why American politicians choose the lead up to Memorial Day to trot out plans to address high gasoline prices.
This year, it was dueling votes in the Senate. Roughly speaking, the Republicans tried to increase the supply of oil by ending the Obama administration’s de facto moratorium on domestic drilling, wrought by bureaucratic foot-dragging. The legislation already had been passed by the Republican-controlled House. On the other hand, the Democrats wanted to raise taxes on “Big Oil” companies, by eliminating tax breaks enjoyed by many—and in some cases, all—businesses. Neither party wooed enough votes to survive a filibuster, so they both failed. Of the two, the Republicans’ ideas were better this time, but there have been instances in the past when both parties were equally bad in the run up to Memorial Day weekend.
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The American Northeast has attained metaphysical balance on energy rationing, thanks to New Jersey Governor Chris Christie’s (R) announcement yesterday that he would withdraw the Garden State from the Regional Greenhouse Gas Initiative, a multi-state cap-and-trade scheme. After New Jersey leaves, the remaining nine participants will be: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont.
Christie’s unexpected decision serves as the yin to New Hampshire’s yang. In late February, the New Hampshire House of Representatives passed HB 519, legislation that would withdraw the Granite State from RGGI, by a 246 to 104 vote. At the time, it was widely thought that the Senate would quickly follow suit, as Republicans control the upper chamber. HB 519’s ultimate enactment appeared so certain, in fact, that Governor John Lynch (D) issued a pre-emptive veto. It should have been a futile gesture, because Republicans hold a veto-proof majority in both chambers of the legislature. Then the environmentalist lobby mobilized and frightened many members of the Senate. The bill was delayed. And in early May, the full Senate, where Republicans enjoy a 2 to 1 majority, voted to remain in the the regional energy rationing scheme. New Hampshire Republicans had snatched defeat from the jaws of victory.
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If you’re unfamiliar with the LaRouchies, collectively known as the LaRouche movement, they are mostly young people, organized in cells, dedicated to delivering the wacky message of their namesake, Lyndon LaRouche. Read all about Mr. LaRouche on Wikipedia. Here’s a highly edited snippet:
Lyndon Hermyle LaRouche, Jr…American political activist…largely promoting a conspiracist [sic] view…was a perennial presidential candidate…15 years’ imprisonment…Members of the LaRouche movement see LaRouche as a political leader in the tradition of Franklin D. Roosevelt…conspiracy theorist, fascist, and anti-Semite…cult…”what may well be one of the strangest political groups in American history.”
While I could never support or respect a group whose ideological leader is an anti-Semite, and they are almost uniformly wrong, I will admit that the LaRouchies are my guiltiest pleasure. The movement has the right spirit on climate change policy, and their Abbie Hoffman stylings are entertaining to a “denier” like me.
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New Hampshire Senate Republicans have snatched defeat from the jaws of victory on energy rationing policy. Two months ago, the State House of Representatives passed HB 519, legislation that would withdraw New Hampshire from a regional energy-rationing scheme known as the Regional Greenhouse Gas Initiative (RGGI), by a 246 to 104 vote. At the time, it was widely thought that the Senate would quickly follow suit, as Republicans control the upper chamber. Governor John Lynch (D) promised to veto the bill, but Republicans hold a veto-proof majority in both chambers of the legislature.
Then the environmentalist lobby mobilized and frightened many members of the Senate. The bill was delayed. Last week, the Senate Natural Resources Committee voted against HB 519 companion legislation. This week, the full Senate, where Republicans enjoy a 2 to 1 majority, voted to remain in the RGGI.
According to F. Scott Fitzgerald, the finest writer in American history, “The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function.” By this criterion, Rep. Ed Markey (D-MA) is a real genius, because he manages to function in the Congress, despite the fact that he thinks the price of gasoline should go up and down, simultaneously.
As one of the Congress’s foremost global warming alarmists, Rep. Markey believes that hydrocarbon energy is the cause of the supposed “problem” that is global warming. Due to this belief, he is a staunch supporter of energy policies designed to make hydrocarbon energy more expensive, so that Americans use less of it, and thereby fight global warming. For example, he co-authored the American Clean Energy and Security Act, a cap-and-trade energy rationing scheme passed by the House of Representatives in June 2009. (Thankfully, the bill died in the Senate.) Because the entire point of this policy was to “put a price” on carbon, it would have increased the price of gasoline, by design.
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Republicans in the New Hampshire Senate continue to dither like a eunuch in a brothel lobby, more than two months after the State House of Representatives enacted HB 519, legislation that would withdraw New Hampshire from a regional energy-rationing scheme known as the Regional Greenhouse Gas Initiative, by a 246 to 104 vote. In late February, after the Republican-controlled House acted, it was widely thought that the Senate would quickly follow suit, as Republicans hold a 2 to 1 majority in the upper chamber. However, the environmentalist lobby mobilized and frightened many Members of the Legislature. Last week, the Senate Natural Resources Committee voted against HB 519 companion legislation. Nonetheless, the full Senate is expected to enact the measure this week, although it is unclear that there will be enough votes to override a promised veto from Governor John Lynch (D), even though Republicans have a veto-proof majority.
The stunning victory by Stephen Harper’s Conservatives in Canada’s election means the death of cap-and-trade or a carbon tax in Canada. The Conservative Party’s platform firmly opposed both cap-and-trade and carbon taxes. The Liberal Party, which was annihilated in the election, equally strongly supported imposing a cap-and-trade scheme to reduce greenhouse gas emissions.
Conservatives won a clear majority of 167 seats in the 308-member federal Parliament. They had formed a minority government since 2007. For the first time in Canadian history, the Liberal Party dropped to third place with 34 seats. The hard left New Democratic Party (NDP) wiped out the Bloc Quebecois in Quebec and will become the official opposition with 102 seats. The NDP and the Bloc Quebecois also support cap-and-trade. The Green Party won its first seat in Parliament.
This is another clear sign that public support for cap-and-trade and other energy-rationing policies is waning. Cap-and-trade has been dead in the United States since the Waxman-Markey bill narrowly passed the House of Representatives on June 26, 2009. And in Australia, the Labour Party government is in deep trouble as a result of proposing a carbon tax. The global warming fad appears to be fading fast.
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