Environmentalist lobbying outfits run some of the sleaziest political attack ads in the business. Their stuff would make Lee Atwater grin. My colleague Marlo Lewis wrote an excellent, extensive analysis of one such sleazy ad, from the folks at Move On. Another colleague, Chris Horner, caught Greenpeace apparatchiks rummaging through his garbage, no doubt looking for attack fodder.
Interestingly, industry refuses to defend itself from these black arts PR tactics. “Big Oil,” for example, runs silly ads denigrating its core business, like BP’s “Beyond Petroleum” campaign and Chevron’s “I will use less energy” commercials. Then there’s “Big Gas,” which promotes itself by talking about “Dirty Coal.” (Sigh.)
But that’s a separate issue. This post is about how the greens’ sleaze tactics are backfiring in Massachusetts. In that State, the League of Women Voters is running ugly advertisements that essentially equate baby-abuse with Senator Scott Brown’s vote for excellent legislation that would strip the Environmental Protection Agency of the authority to regulate greenhouse gases. Unfortunately, there’s nothing new about this zero class, wrongheaded attack analogy. Move On made the same insinuation in a similar, recent advertisement.
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Last Thursday, the Water Resources and Environment Subcommittee of the House Transportation Committee held a hearing on “Environmental Protection Agency Mining Policies: Assault on Appalachia.” Video and written testimony are available here. For detailed descriptions of the EPA’s outrageous war on Appalachian coal production, click here, here, or here. Suffice it to say, EPA has subverted the Administrative Procedures Act to enact a de facto moratorium on mining. It engineered a new Clean Water Act “pollutant,” saline effluent, which the EPA claims degrades water quality downstream from mines by harming a short lived insect that isn’t an endangered species. The hearing on Thursday was part 1; this Wednesday, the subcommittee is scheduled to hear from EPA administrator Lisa Jackson.
I attended the hearing, and at the media table, I picked up a Sierra Club “Beyond Coal Campaign” press release, by Director Mary Anne Hitt. It is an excellent window into the lying and exaggerations frequently employed by environmental extremists in order to demonize coal. Below, I reprint the entire press release, sentence by sentence (in bold), each followed by a rebuttal (in italics).
Sierra Club: “This Committee’s leadership is trying to stack the deck against Appalachian miners, families and businesses.”
Stacking the deck!? This is absurd. To be sure, all four witnesses before the Subcommittee were opposed to the EPA’s war on Appalachian coal, but that was by BIPARTISAN agreement. Indeed, the only Democrat to show up was Rep. Nick Rahall (D-WV), the Ranking Member of the full Committee, who opposes the EPA’s machinations more than Republicans, due to the fact that his State is the largest coal producer in Appalachia, and is, therefore, harmed most.
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On Thursday, the Water Resources and Environment Subcommittee of the House Transportation Committee held a hearing on “Environmental Protection Agency Mining Policies: Assault on Appalachia.” Video and written testimony are available here. For detailed descriptions of the EPA’s outrageous war on Appalachian coal production, click here, here, or here. Suffice it to say, EPA has subverted the Administrative Procedures Act to enact a de facto moratorium on mining. It engineered a new Clean Water Act “pollutant,” saline effluent, which the EPA claims degrades water quality downstream from mines by harming a short lived insect that isn’t an endangered species. The hearing yesterday was part 1; next Wednesday, the subcommittee is scheduled to hear from EPA administrator Lisa Jackson.
It was a bipartisan bashing. The only Democrat to show up was Ranking Member Rep. Nick Rahall (WV), whose opposition to the EPA exceeds that of Republicans, due to the fact that his State is the largest coal producer in Appalachia, and is, therefore, harmed most.
For the “Part 1” hearing on Thursday, the primary topic was the EPA’s procedural shenanigans. For part two next week, with Administrator Lisa Jackson, I very much hope they address the EPA’s shoddy science on the ecological impact of mountaintop mining.
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Last Friday, April 29th, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit dismissed a challenge to EPA’s “California waiver”. That waiver permitted California to set its own greenhouse-gas emissions for new vehicles. Because CO2 was the major gas that California was seeking to control, its rules amounted to a new, more stringent automotive fuel-economy standard. And because at least 14 other states had adopted California’s standard, its actions may well have effectively replaced the federal CAFE standard with a higher one set in Sacramento.
The California waiver has a complicated history. CARB (the California Air Resources Board) originally filed its waiver request with EPA in late 2005, claiming that the state had a uniquely compelling need to control atmospheric CO2 levels. (The fact that the alleged problem at issue is global warming, not California warming, apparently didn’t faze CARB.) After deliberating for more than two years, EPA denied CARB’s request, finding that it hadn’t demonstrated any extraordinary conditions to justify the waiver.
But in January 2009, one day after President Obama was sworn in, CARB resubmitted its request, and EPA granted the waiver several months later. Then, in April 2010, the Administration, California and the auto industry struck a deal which imposed a higher set of federal fuel economy standards through model year 2016. During that time, California agreed to merge its own newly-approved standards into the federal program, giving the auto industry the national uniformity in standards that it dearly wanted.
As part of the deal, the automakers agreed not to litigate the California waiver. The Chamber of Commerce and NADA (the National Auto Dealers Association), however, filed their own lawsuit, and it was this case that the D.C. Circuit dismissed last week. The court did not reach the merits of the case, ruling instead that neither party had standing to bring the action because they had not shown injury to their members.
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I travelled to Denver twice in the last 7 days to testify before the Senate State Affairs Committee on HB 1291, Colorado’s State Implementation Plan to meet the Regional Haze provision of the federal Clean Air Act.
I told the Committee that HB 1291 is illegal. And I rebutted the distortions peddled by its proponents, who also testified. Illegality and disingenuousness are huge accusations, and I made them twice, in testimonies a week apart, so the bill’s proponents had time to conjure a response. But no one disputed my assertions. Because they were true.
Nonetheless, the Plan passed out of Committee, due to the fact that it enjoys the support of two of Colorado’s richest special interests, for which billions of dollars were at stake. Today, HB 1291 was enacted by the full Senate, by a 25-10 vote. Two weeks ago, by a 58-7 vote, it was passed by the House of Representatives. If there’s one thing a bipartisan, bicameral majority can agree on these days, it’s the importance of currying favor with the deepest pockets.
This is a long blog about the who, what, why, and when of Colorado’s Regional Haze State Implementation Plan, the most outrageous rip-off you’ve never heard of.
The Back Story
Colorado’s Regional Haze State Implementation Plan originated not in the Centennial State, but in Oklahoma. It owes its form to Aubrey McClendon, CEO of Chesapeake Energy, a natural gas company headquartered in Oklahoma City.
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![Post image for Congressional Update: Votes Likely for Energy Tax Prevention Act of 2011 [Updated 5:45 PM]](http://www.globalwarming.org/wp-content/uploads/2011/04/bill-law.jpg)
The House of Representatives is scheduled to debate and vote on final passage of H. R. 910, the Energy Tax Prevention Act. The Rules Committee is allowing the Democrats to offer twelve amendments to weaken or gut the bill. (It is worth recalling that on 26th June 2009, the Democrats allowed only one Republican amendment and couldn’t even provide an accurate copy of the bill, since 300 pages had been added in the middle of the night, but the new sections hadn’t been put in their proper places in the 1200 page bill that had been released four days before.) No Republican amendments to strengthen to the bill will be allowed. The rule can be found here. It is quite possible that the vote on final passage will be delayed until tomorrow.
Senate Majority Leader Harry Reid (D-NV) has scheduled votes on amendments offered by Sens. Mitch McConnell (R-KY), Jay Rockefeller (D-WV), Max Baucus (D-MT), and Debbie Stabenow (D-MI) amendments to S. 493, a re-authorization bill for small business subsidies, for some time after 4 PM today. The McConnell amendment is the Senate version of the Energy Tax Prevention Act, S. 482. The other amendments are attempts to give some ground without blocking EPA regulation of greenhouse gas emissions permanently (that is, until Congress authorizes such regulations). This shows how far the debate has shifted. It appears that the three straddling amendments may each get fifteen to thirty votes. It appears that the McConnell amendment (#183) will get 51 or perhaps even 52 votes, but will not be adopted because it is not a germane amendment and therefore requires 60 votes to survive a point of order. All 47 Republicans are expected to vote for it plus Sens. Joe Manchin (D-WV), Mary Landrieu (D-LA), Ben Nelson (D-NE), and Mark Pryor (D-AR). Maybe one more Democrat, such as Sen. Claire McCaskill (D-MO). Senate Majority Leader Harry Reid could of course still change his mind.
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I’ve been an outspoken opponent of the EPA’s war on Appalachian coal production. See here, here, here, and here.
In particular, I’ve sought to shine a spotlight on the EPA’s outrageous crackdown on saline effluent from surface coal mines. The EPA argues that this salty discharge is an illegal violation of the Clean Water Act, because it harms an order of short-lived insects known as the mayfly. The science suggests that the total number of insect species doesn’t decrease downstream of surface mines, as hardier insects readily assume the niche vacated by the mayfly. Nonetheless, the EPA alleges that the loss of the mayfly alone is sufficient to violate the Clean Water Act’s narrative (qualitative) water quality standards. The mayfly is not an endangered species.
A year ago, the EPA issued guidance for quantitative salinity water quality standards, effective immediately. According to one mining engineer, they set the bar so low that you couldn’t wash a parking lot without violating the Clean Water Act. Remember, the President had campaigned on a promise to “bankrupt” coal; this was the fruition of that promise. Even EPA Administrator Lisa Jackson conceded that new surface coal mine permits in Appalachia were unlikely under the terms of the April guidance.
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In an editorial cleverly titled, “Drill, Brazil, Drill says the U.S.“The Washington Post joined in the growing public displeasure over President Obama’s public support for the Brazilian oil industry, which seems to be rising at the expense of administration support for the oil industry in the United States.
As CEI’s Myron Ebell pointed out last week:
This is the same President who has spent the last two years doing everything he can to reduce oil production in the United States. Cancelled and delayed exploration leases on federal lands in the Rocky Mountains; the re-institution of the executive moratorium on offshore exploration in the Atlantic, the Pacific, most Alaskan waters, and the eastern Gulf of Mexico; the deepwater permitting moratorium and the de facto moratorium in the western Gulf. The result is that domestic oil production is about to start a steep decline.
The editorial also mentions the tariff on ethanol. Trade restrictions are bad policy. However, the case for Brazilian ethanol is slightly more complicated than that. If Brazilian ethanol were imported to the U.S., it might displace some ethanol production that is occurring in the U.S. as historically Brazilian ethanol has been cheaper. This would be fine.
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Senate Looks Ready to Vote on EPA Pre-Emption Amendment
The Senate now appears headed for a floor vote next week on S. 482, which Senate Minority Leader Mitch McConnell introduced on 15th March as an amendment to the Small Business Innovation Research and Technology Transfer Programs Re-Authorization Act, S. 493. S. 482, the Energy Tax Prevention Act, was introduced by Senator James M. Inhofe (R-Okla.) and is identical to H. R. 910, which the House plans to vote on as a free-standing bill next month. McConnell’s amendment would block EPA from using the Clean Air Act to regulate greenhouse gas emissions until authorized by Congress.
Majority Leader Harry Reid (D-Nev.) postponed a vote on the amendment last week when it became clear that it might come close to the 60 votes required for passage. First, Sen. Jay Rockefeller (D-WV) introduced his bill to delay EPA regulations for two years as an amendment. When that seemed to gain little support, Sen. Max Baucus (D-Mont.) introduced an amendment that would codify EPA regulations into law but permanently exempt from regulation smaller stationary sources that emit less than 75,000 tons per year.
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The American Lung Association is right up there with the Union of Concerned Scientists as a leftist activist organization pretending to be a professional association with high-minded objectives. In fact, the American Lung Association is a bunch of political thugs. Their latest hit job is putting up billboards in Rep. Fred Upton’s district in Michigan that urge him to “protect our kids’ health. Don’t weaken the Clean Air Act (PDF).” The billboard has a photo of an adolescent girl with a respirator.
The American Lung Association is opposing a bill, the Energy Tax Prevention Act (H. R. 910), that is sponsored by Rep. Upton, the Chairman of the House Energy and Commerce Committee. Upton’s bill, which is expected to be debated on the House floor in early April, does nothing to weaken the Clean Air Act. It simply prevents the Environmental Protection Agency from using the Clean Air Act to regulate greenhouse gas emissions.
Congress never intended the Clean Air Act to be used to enforce global warming policies on the American people. As my CEI colleague Marlo Lewis recently noted, attempts to add provisions to the Clean Air Act Amendments of 1990 that would allow the EPA to regulate greenhouse gas emissions were defeated in the Senate. A similar attempt in the House went nowhere.
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