September 2009

Today’s Greenwire (subscription required) carries a lengthy article on a nasty spat between Robert F. Kennedy, Jr. and California environmental groups over the proposed siting of solar electricity plants in the Sun-drenched Mojave Desert.

Kennedy — like his cousin-by-marriage Gov. Schwarzenegger — wants to allow ”alternative energy” companies to build solar power stations in the Mojave. As the Governator was widely quoted as saying, “If we cannot put solar power plants in the Mojave Desert, I don’t know where the hell we can put it.”

But according to Sen. Diane Feinstein (D-CA), David Myers of the Wildlands Conservancy, and others, the solar stations would wreck the habitat of the desert tortois, a threatened species under the California and federal Endangered Species Acts. Feinstein and Myers support legislation (not yet introduced) to designate 1 million acres of the Mojave as a national monument — an action that would preclude commercial development within the area.

On the surface, it looks like a conflict between those, like Kennedy, who believe that no merely “local” concern should interfere with the quest for a ‘clean energy future,’ and those, like Myers, whose loyalties are divided between saving a particular species and saving the planet.

Two tidbits from the Greenwire article reveal that the situation is a bit more complicated. One is that Kennedy has a financial interest in Brightsource, the company that would be building the solar plants if the Mojave project is approved. The other is that Kennedy opposes a major renewable energy project in his own backyard — a windfarm in Nantucket Sound, near the family compound in Martha’s Vinyard.

Of course, those with any experience of politics should not be surprised if sanctimony walks hand-in-hand with greed, or if the goose insists that sauce is only for the gander.

From the Energy Information Administration and the General Accounting Office (via the Institute for Energy Research):

Total Federal subsidies for electric production for fiscal year 2007 from solar power are $24.34 per megawatt hour, compared to 44 cents for traditional coal, 25 cents for natural gas and petroleum liquids, 67 cents for hydroelectric power, and $1.59 for nuclear. Solar subsidies for non-electric production in fiscal 2007 totaled $2.82 per million Btu, second only to ethanol/biofuels at $5.72 per million Btu. (Figures are in 2007 dollars.)

In fiscal year 2007, solar received 9.2 percent of all federal research subsidies to power generation but produced only 0.016 percent of U.S. electricity. Per kilowatt-hour, this was 1255 times higher than the amount allocated to coal, most of which was spent to develop cleaner technologies. Coal produced 51.4 percent of all U.S. electricity in fiscal year 2007.

So then, how does this happen (USA Today):

Investors holding solar energy stocks are getting one nasty burn. Shares of companies that make solar panels have flamed out this year, missing out on what’s been a significant recovery in the stock market.

Market leaders, including First Solar and SunPower, for instance, are down 12 percent and 30 percent this year, even as the benchmark Standard & Poor’s 500 index is up 13 percent. And the Market Vectors Solar Energy ETF, which tracks stocks in the industry, is down 6 percent this year.

Is there any amount of taxpayer money that could be thrown at solar to make it efficient and profitable?

As Energy Tribune’s Robert Bryce explains today in the Wall Street Journal:

Politically correct bird kills:

Politically incorrect bird kills:

Announcements

The Science and Public Policy Institute invites Congressional staff to a briefing with the Viscount Monckton of Benchley on Wednesday, September 9th, from Noon-1:30 PM, in Dirksen 215 Senate Office Building. Lord Monckton is one of the world’s most sought-after public speakers, and a formidable international expert on the science and economics of “global warming.” Lunch will be served. To RSVP, email Bob Ferguson at bferguson@sppinstitute.org.

Freedom Action is a new political advocacy organization that aims to create a gathering of grassroots free market activists that will make their voices heard above special interests and big government advocates. Freedom Action’s first project is to Stop Al Gore’s Electricity Tax, and can be found here.

Americans For Prosperity is hosting grassroots demonstrations against cap-and-trade energy rationing in cities across the country. Learn more about the Hot Air Tour by clicking here.

The American Energy Alliance has launched a four week American energy bus tour to build public awareness of what cap-and-trade is, how it works, and the extent to which it’s capable of inflicting serious damage to the American economy. Click here to learn more.

In the News

Terms of Endangerment
Wall Street Journal, 3 September 2009

Jobs for Bugs in Coal Country
William Yeatman & Jeremy Lott, Investor’s Business Daily, 3 September 2009

Can We Trust the Models?
Jonah Goldberg, Houston Chronicle, 2 September 2009

French President Hammered over Energy Tax
Emma Charlton, AFP, 2 September 2009

India’s Emissions To Triple by 2031
Hari Kumar, DotEarth, 2 September 2009

Smart Grid Is Dumb Policy
William Yeatman & Jeremy Lott, Forbes, 2 September 2009

Is a ‘Death Spiral’ for Climate Alarmism Ahead?
Kenneth Green, MasterResource.org, 1 September 2009

The Democrats’ Cap-and-Traitors
W. James Antle, American Spectator, 1 September 2009

Quite a Load of Toro
Chris Horner, Planet Gore, 1 September 2009

EPA Considers Closing Whistle Blower’s Unit
Sam Kazman, GlobalWarming.org, 27 August 2009

News You Can Use

A new United Nations study says that meeting the UN’s greenhouse gas emissions targets would cost $20 trillion over the next two decades.

Inside the Beltway

Myron Ebell

Senate Delays Climate Bill

The Senate Environment and Public Works Committee announced on Monday that it would not have a draft energy-rationing bill ready to release on 8th September, as promised earlier. Although the Chairman Barbara Boxer (D-Calif.) has the votes to get almost any cap-and-trade bill out of committee, this delay means that it is highly unlikely that Boxer will meet Majority Leader Harry Reid’s (D-Nev) deadline of 28th September. That is when all committees of jurisdiction are supposed to have their pieces of comprehensive energy-rationing legislation ready to go to the Senate floor. Senate action on cap-and-trade this fall looks less likely now.

EPA Proposes an Illegal Rule

The Environmental Protection Agency has sent rules for regulating greenhouse gas emissions under the Clean Air Act to the White House for review and approval. According to several news stories, EPA is proposing to regulate only those entities responsible for 25,000 or more tons of CO2-equivalent per year. The Clean Air Act says clearly that 250 tons is the threshold amount that triggers regulation of a listed pollutant. Read my colleague Marlo Lewis’s analysis of EPA’s obviously illegal proposed regulations here.

Leader of None

by Paul Driessen on September 8, 2009

in Blog

Obama’s global warming policies have few US followers – and fewer on the global stage

“Few challenges facing America – and the world – are more urgent than combating climate change,” President Obama has asserted. “We will make it clear that America is ready to lead.”

The President and Al Gore are certainly ready to lead. But how many will follow?

Even in America, and certainly on the world stage, the two increasingly look like Don Quixote and his faithful squire, Sancho Panza. As they tilt for windmills, and against a “monstrous giant of infamous repute” – climate disasters conjured up by computer models and Hollywood special effects masters – their erstwhile followers are making politically correct noises, but running for the hills.

The House of Representatives passed a 1400-page energy and climate bill – by a razor-thin margin, and only after Nancy Pelosi and Henry Waxman packed it with enough last-minute deals to protect favored congressional districts, buy votes, and curry favor with assorted special interests. Not one legislator actually read the bill – which would create a trillion-dollar cap-trade-and-tax industry, ensure that energy and food costs “necessarily skyrocket,” kill jobs, and impose an all-intrusive Green Nanny State.

Republicans want to control what people do in their bedrooms, insists the old canard. Democrats, it appears, want to dictate what we do everywhere outside of our bedrooms. And Sancho Gore wants to become the world’s first global warming billionaire, by selling climate indulgences, aka carbon offsets.

The reaction has been predictable – by anyone except House and White House czars and czarinas.

Citizens are livid over yet another attempt to use a purported crisis to justify further expanding the government and spending billions more tax dollars for alarmist research, activism and propaganda, just ahead of the Copenhagen climate conference. Global warming continues to rank dead-last in Pew Research and other polls that actually list it as an issue. Rasmussen puts the President’s approval ratings at 46% and falling. Zogby reports that 57% of Americans oppose cap-and-trade bills.

Manufacturing states, which get 60-98% of their electricity from coal, worry that the only thing they’ll export in ten years will be jobs. Democrat senators from those states worry that the energy and climate issue will be “toxic for them during midterm elections,” says Politico magazine.

Even companies that had eagerly sought seats at the negotiating table are now gagging. ConocoPhillips, Caterpillar and others finally realize that cap-and-tax will severely penalize them and their customers.

Not even the climate is cooperating. Outside of Dallas, 2009 has brought some of coldest summer days on record across the US. Near freezing temperatures nipped at crops, and gas heaters were sine qua non at an August 29 outdoor wedding in Wisconsin. The Farmers Almanac predicts a brutal 2009-2010 winter.

In Europe, every longitude has a platitude about saving the planet. But EU countries that agreed to slash greenhouse gas emissions below 1990 levels are well above their Kyoto Protocol targets – Austria by 30% and Spain by 37% as of 2008. And despite new commitments to cut emissions 40 years from now, you don’t need tarot cards or entrails to predict the more probable EU emissions future.

Germany plans to build 27 coal-fired electrical generating plants by 2020. Italy plans to double its reliance on coal in just five years. Europe as a whole will have 40 new coal-fired power plants by 2015, columnist Alan Caruba reports. The Polish Academy of Sciences has publicly challenged manmade global warming disaster hypotheses. And only 11% of Czech citizens believe rising carbon dioxide emissions caused global temperatures to climb 1975-1998 – and also caused them to rise 1915-1940, fall 1940-1975, then stabilize and decline again 1998-2009.

Australia just voted down punitive global warming legislation. New Zealand has put its emissions-bashing program in a deep freeze.

Russian President Dmitry Medvedev’s top economic aid bluntly dismissed any talk of following President Obama’s quixotic lead. “We won’t sacrifice economic growth for the sake of emission reduction,” he told reporters at the July 2009 G8 meeting.

Chinese and Indian leaders are equally adamant. China is playing a smart hand in this high-stakes climate poker game, drawing up plans to combat global warming sometime in the future, and gradually improve its energy efficiency and pollution control. However, it is building a new coal-fired power plant every week and putting millions of new cars on its growing network of highways.

So is India, which will double its coal-based electricity generation and produce millions of Tata and other affordable cars by 2020. “India will not accept any binding emission-reduction target, period,” Indian Environment Minister Jairam Ramesh has stated. “This is a non-negotiable stand.”

India and China have a “complete convergence” of views on these matters, Ramesh added. No wonder: 400 million Indians still do not have electricity; 500 million Chinese still do not.

No electricity means no refrigeration, to keep food and medicines from spoiling. It means no water purification, to reduce baby-killing intestinal diseases. No modern heating and air conditioning, to reduce hypothermia in winter, heat stroke in summer, and lung disease year-round. It means no lights or computers, no modern offices, factories, schools, shops, clinics or hospitals.

Fossil fuels are “gradually eliminating poverty in the Third world,” observes UCLA economist Deepak Lal. Any call to curb carbon emissions would “condemn billions to continued poverty. While numerous Western do-gooders shed crocodile tears about the Third World’s poor, they are willing to prevent them from taking the only feasible current route out from this abject state” – oil, gas, coal, nuclear and hydroelectric energy development. The situation is intolerable, unsustainable, lethal and immoral.

The only way India and China would agree to cut their emissions is if the United States cut its emissions 40% by 2020, says Ramesh – back to 1959 levels and pre-JFK living standards, when the US population was 179 million (versus 306 million today). No way will that happen. So Asian energy and economic development will continue apace. And rightly so, to foster human rights and environmental justice.

All is not bleak, however, for Canute Obama’s impossible dream of controlling global temperatures.

British politicians remain committed to slashing CO2 emissions and replacing hydrocarbons with wind power. Unfortunately, the biggest UK wind projects have been abandoned or put on indefinite hold – and a growing demand/supply imbalance portends still higher energy prices, widespread power cuts, rolling blackouts and energy rationing, the Daily Telegraph reported on August 31. Brits may soon trade their stiff upper lips for contentious town hall meetings and ballot-box revolution.

The Democratic Party of Japan’s landslide victory in the August 30 election will likely create a new coalition government tilted strongly to the left. The DJP has pledged to cut carbon dioxide gas emissions 25% below 1990 levels by 2020 – though this will likely strangle economic growth and job creation, especially if one coalition partner’s opposition to nuclear power becomes DJP policy.

Then there is Africa, where leaders appear ready to support curbs on energy use – in exchange for up to $300 billion per year in additional foreign aid, “to cushion the impact of global warming.” That will be nice for their private bank accounts, but less so for Africa’s 750 million people who still don’t have electricity. Those people will simply be sacrificed, to prevent natural or fictitious climate disasters.

Of course, the real goal was never to control the climate. It was always to control energy use, lives, jobs, economies, transportation and housing – and usher in a new era of high tax global governance. The American people are increasingly saying they’re not ready to grant that power to Obama Gore & Company.

Paul Driessen is senior policy advisor for the Committee For A Constructive Tomorrow and Congress of Racial Equality, and author of Eco-Imperialism: Green power ∙ Black death.

Over at American Spectator today I explain the origins and activities of the Alliance for Climate Education, which targets teenagers with global warming propaganda via high school assemblies. What I don’t think can be emphasized too much is the rapper that ACE believes is their most effective “educator” — Ambessa Contave — since he is their only presenter featured in their promotional video (a must watch). Contave is half of a duo called Fiyawata, and this is how they describe their music on their YouTube page:

“Our music is high frequency medicinal erotic sorcery that sways humanity into cosmic ecstasy.” Indeed, Fiyawata’s music is utterly compelling, luring the listener into a transcendent trance. There is fun to be had here, but this is an experience that extends well beyond mere entertainment. For Fiyawata, music is a being that makes the listener feel “ecstatic, energetic, all-powerful, vibrant and like God.”

Fiyawata also promotes a “solar-powered” hip-hop festival called “Grind for the Green.” Sounds like a potent formula to sway teenagers for your cause, huh?

Update 1:11 p.m.: The Santa Rosa (Calif.) Press-Democrat reports that an two ACE presentations were so popular at Windsor High School (north of the Bay area) that faculty added a third presentation.

The Duggar family, stars of the TLC program 18 Kids and Counting, are under scrutiny because of all those children (they are expecting a 19th) and their environmental impact:

According to recent research, having lots of kids may have a much bigger impact on the environment than previously thought.

Here’s why: Oregon State University researchers say that if you’re serious about reducing your carbon footprint, the best way to do it is to have one less child. They claim the effect is almost 20 times greater than recycling, driving a high-mileage car, or using energy-efficient appliances and light bulbs over your entire lifetime.

So by the mathematical logic by the clowns in Corvallis, if the Duggars planned to have 26 kids, then they should do their part and have 25 instead. Problem solved!

India and China talk the Al Gore talk of climate Armageddon and the necessity for urgent action — yet their emissions keep going up and they refuse to adopt emission caps or carbon taxes. The world’s two most populous countries with the biggest “emerging” economies act on the premise that global warming policies are more dangerous than global warming itself. It’s time for their words to match their deeds, as I explain today on MasterResource.Org.

Montana Gov. Brian Schweitzer, the double-minded man on cap-and-tax, is continuing his high-stepping through the the hot coals of global warming policy prescriptions. In a Flathead Beacon article that attempts to assess the prospects of the national Waxman-Markey bill, the chairman of the Western Governors Association and the Democratic Governors Association is said to “clarify” his position on carbon emissions trading schemes, but in reality he only muddies further:

In an interview last week, Schweitzer clarified his position, saying he “categorically” believes gasses produced by humans, like methane and CO2, were causing climate change and the U.S. needs to take action to reduce emissions of these gasses. But then added: “Do I believe that the carbon cap-and-trade system is the best proposal? The answer is no.”

As for Waxman-Markey, Schweitzer said, “I have some concerns with it” and that he hasn’t “been able to find anyone who can understand” the bill.

But Schweitzer would not speculate on the political prospects of Waxman-Markey’s passage, saying only that the bill is sure to be altered by the Senate and eventual conference committees, which could result in a much different bill. Nor did the governor say he backed cap-and-dividend. Instead, he said he would like to see some type of policy mechanism where fees on carbon emissions were used to develop new technologies dedicated to a cleaner, more efficient energy system, encompassing everything from carbon capture, to new transmission grids, to wind and solar power. Such a system would allow the market to motivate companies to develop these technologies, whether a carbon cap is imposed or not.

“I don’t know that you need a hard cap if you send clear market signals that you need to decrease carbon dioxide emissions,” Schweitzer said.

So what does that mean for his state’s continued participation in the Western Climate Initiative’s cap-and-tax scheme, as the governor sees it? Your guess is as good as anyone’s, but he will probably be allowed to evade a straight answer as long as Montanans (and their media) let him.

EPA proposes illegal rule

by Marlo Lewis on September 2, 2009

in Blog

Yesterday, the U.S. Environmental Protection Agency (EPA) sent a draft proposed rule to the Office of Management and Budget (OMB) that would exempt small emitters of carbon dioxide (CO2) from Clean Air Act (CAA) pre-construction permitting requirement, Greenwire reports.

The proposed rule, as described in Greenwire, is blatantly illegal. It is a tacit admission that the Supreme Court decision in Massachusetts v. EPA set the stage for an economic disaster. It is additional evidence that Mass v. EPA was wrongly decided. It confirms CEI’s warning that the Court’s ruling imperils a core constitutional principle — the separation of powers.

In Mass. v. EPA, the Supreme Court, by a narrow 5-4 majority, decided that CO2 and other greenhouse gases (GHG) are “air pollutants” within the meaning of CAA, and gave EPA three options: (1) issue a finding that GHG-related “air pollution” “may reasonably be anticipated to endanger public health or welfare,” (2) issue a finding of no endangerment, or (3) provide a “reasonable explanation” why the agency cannot or will not exercise its discretion to make such a determination.

The Court further held that if EPA makes a finding of endangerment, then it has a duty, under CAA Sec. 202, to develop and adopt GHG emission standards for new motor vehicles.

EPA picked option (1), and last month, it sent OMB a draft proposed rule to establish GHG emission standards for new motor vehicles.

Although the Court majority asserted that an endangerment finding could not lead to “extreme measures” and would only require a cost-constrained adjustment of existing federal fuel-economy standards (see. p. 28 of the decision), in fact the endangerment finding will trigger a chain reaction throughout the CAA — a regulatory cascade potentially exceeding in cost, scope, and intrusiveness the Kyoto Protocol and many other GHG-control schemes Congress has never seen fit to pass.

For starters, establishing GHG emission standards for new motor vehicles will by definition make CO2 a CAA-regulated air pollutant. As such, CO2 would automatically be ”subject to regulation” under the Act’s Prevention of Significant Deterioration (PSD) pre-construction permitting program (CAA Sec. 165). Under the CAA, any firm that plans to build a new “major” stationary source, or modify an existing major source in a way that would significantly increase emissions, must first obtain a PSD permit from EPA or a state environmental agency.

A PSD source is “major” if it is in one of 28 listed categories and has a potential to emit 100 tons per year (TPY) of an air pollutant, or if it is any other type of establishment and has a potential to emit 250 TPY (CAA Sec. 169). 

And there’s the rub. Whereas only large industrial facilities have a potential to emit 250 TPY of air contaminants such as sulfur dioxide or particulate matter, an immense number and variety of entities – office buildings, hotels, big box stores, enclosed malls, small manufacturing firms, even commercial kitchens – have a potential to emit 250 TPY of CO2. A September 2008 report commissioned by the U.S. Chamber of Commerce  estimates that 1.2 million buildings and facilities – most of them currently unregulated under the CAA – actually emit 250 TPY of CO2. All would be vulnerable to new PSD regulation, controls, paperwork, penalties, and litigation.

To obtain a PSD permit, firms must document their compliance with ”best available control technology” (BACT) standards. Even apart from any technology investments needed to comply with BACT, the PSD permitting process is costly and time-consuming.  In a recent year, each permit on average cost $125,120 and 866 burden hours for a source to obtain,  EPA estimates. No small business could operate subject to the PSD administrative burden.

The costs, uncertainties, and delays from applying PSD and BACT to CO2 would have a chilling effect on economic development and construction activity. It would turn the CAA into a gigantic Anti-Stimulus Package in a period of financial crisis and high unemployment. Definitely not something the Obama administration wants on its record in the 2010 election season.

EPA’s July 2008 Advanced Notice of Proposed Rulemaking (ANPR) outlined several administrative remedies to shield small entities from PSD requirements, all of doubtful legality. But if the Greenwire article is accurate, EPA is opting for the most brazenly illegal option of all. It proposes to revise, on its own authority, the PSD threshold from 250 TPY to 25,000 TPY.

Now friends, under the 1984 Supreme Court case of Chevron v. NRDC, EPA has considerable discretionary authority in interpreting the CAA where the statute is “silent or ambiguous with respect to the specific issue.” But there is nothing ambiguous about the number 250. No matter how you squint at the page, 250 is 100 times smaller than the threshold EPA proposes to put in its place.

According to Greenwire, Sierra Club’s David Bookbinder, a counsel for petitioners in Mass. v. EPA, “said the rule would also deflect claims from Republican lawmakers and industry groups that the Obama administration is seeking to regulate small emission sources such as doughnut shops, schools, and nursing homes.” But the Obama administration’s intent is not the issue. The issue is whether EPA, as a matter of law, must apply PSD requirements to doughnut shops, etc. once it starts regulating CO2 under Sec. 202.

Greenwire then quotes Bookbinder: “Putting this rule in place deflates a lot of political rhetoric about regulating CO2.” Well, I hope industry and the GOP are not so naive as to put their trust in an illegal rule. A rule that flouts clear statutory language of the CAA can provide no durable protection from the regulatory cascade that an endangerment finding and EPA adoption of motor vehicle GHG emission standards would unleash.

EPA’s proposed draft rule is a tacit admission of what CEI has said all along: EPA cannot regulate CO2 under the CAA without endangering the U.S. economy — unless EPA plays lawmaker, amends the Act, and violates the separation of powers. When the Supreme Court handed down the Mass. v. EPA decision, it set the stage for a constitutional crisis.

Of course, the bigger constitutional crisis stemming from Mass. v. EPA is that we could end up with an energy suppression regime far more costly than Kyoto or Waxman-Markey, yet without the people’s elected representatives ever voting on it.

For the gory details, see my blog post on MasterResource.Org and my comment (pp. 28-56) on EPA’s proposed endangerment finding.