2010

Twice during the past six months, the eco-litigators at the Center for Biological Diversity (CBD) have underscored the political necessity for Congress to overturn EPA’s endangerment finding.

Yes, that is very far from CBD’s intention. CBD is a fervent defender of the endangerment finding, the December 2009 rulemaking in which EPA concluded that greenhouse emissions endanger public health and welfare.

The endangerment finding compels EPA to establish greenhouse gas emission standards for new motor vehicles, which in turn makes carbon dioxide (CO2) a “regulated air pollutant”  under the Clean Air Act, which in turn makes ”major” stationary sources of CO2 ”subject to regulation” under the Act’s Prevention of Significant Deterioration (PSD) pre-construction permitting program and Title V operating permits program. CBD must be thrilled by the endangerment finding and the regulatory cascade it has triggered.

CBD wants EPA to follow through on all the regulatory commitments logically entailed by the endangerment finding and CO2’s new status as a “regulated air pollutant.” But that’s where things get dicey for President Obama and his congressional allies. Once the regulatory genie is out of the bottle, Obama officials may not be able to control it.

Even EPA acknowledges that applying the Act’s permitting programs to CO2 leads to “absurd results.” For example, EPA and its state counterparts would have to process 41,000 PSD permit applications per year (instead of 280) and 6.1 million Title V permits per year (instead of 14,700). The resulting administrative quagmire would paralyze environmental enforcement, slam the brakes on development, and force millions of firms to operate in legal limbo. A more potent anti-stimulus package would be hard to imagine. 

To avoid this red ink nightmare, EPA has issued a Tailoring Rule that exempts small CO2 emitters from the Act’s permitting programs for six years. However, nothing in the statute authorizes EPA to suspend or modify the permitting requirements. In reality, EPA’s Tailoring Rule is an amending rule. It’s anybody’s guess whether courts will uphold this breach of the separation of powers.

Even if they do, the endangerment finding will still endanger the U.S. economy and our constitutional system of separated powers and democratic accountability. Thank you, CBD, for bringing this peril to light!

Last December, CBD petitioned EPA to establish national ambient air quality standards (NAAQS) for greenhouse gases set below current atmospheric levels. CBD is only acting on the obvious implication of EPA’s assertion that endangerment comes from the “elevated concentration” of greenhouse gases in the atmosphere.

Why should Obama and congressional leaders worry? The Clean Air Act requires states to come into attainment with a primary (health-based) NAAQS within five or at most 10 years. Yet not even a global depression lasting several decades would suffice to lower CO2 concentrations from today’s level (390 parts per million) to the stabilization target (350 parts per million) demanded by CBD and its co-petitioners. Because EPA may not take compliance costs into account when establishing NAAQS, the endangerment finding sets the stage for eco-litigators to transform the Act into a de-industrialization mandate.  No elected official wants to take ownership of so crazy a policy. If CBD prevails, however, Obama and the Democrats — the Party of Endangerment — will be left holding the bag. 

Yesterday, CBD filed suit to overturn EPA Administrator Lisa Jackson’s reconsideration of her predecessor Stephen Johnson’s memorandum determining when a pollutant is “subject to regulation” under the PSD program. Jackson’s reconsideration held that a pollutant is subject to regulation not when EPA finalizes an emissions control rulemaking but when the rule takes effect. Since EPA’s greenhouse gas motor vehicle standards rule does not take effect until January 2011, Jackson concluded that EPA may not regulate greenhouse gases from stationary sources until then. CBD says EPA should have started already to regulate large emitters via PSD.

CBD’s lawsuit makes EPA regulation of greenhouse gases a real-time issue for this Congress, not just a post-election issue for the next Congress. It increases the pressure on Democrats to get the monkey off their back. If courts strike down Jackson’s reconsideration, they will be more likely to strike down the Tailoring Rule, which undeniably flouts statutory language. Courts will also be more likely to look favorably on CBD’s NAAQS petition, which simply demands that EPA, having made an endangerment finding, follow the letter of the law.   

Democratic Senators who don’t want to bet their political futures on EPA’s ability to control the cascading effects of greenhouse gas regulation under the Clean Air Act – or who simply believe that climate policy is too important to be made by non-elected bureaucrats, trial lawyers, and activist judges appointed for life – will soon get their opportunity.

On June 10, the Senate will vote on a resolution of disapproval (S.J.Res.26), sponsored by Alaska Sen. Lisa Murkowski, to nullify the legal force and effect of EPA’s endangerment finding. If enacted, S.J.Res.26 will:

  1. Avert the threat of an administrative meltdown under the PSD and Title V programs.
  2. Avert the threat of sky-is-the-limit, money-is-no-object regulation of greenhouse gases via the NAAQS program.
  3. Avoid the need for EPA to play lawmaker and ’amend” a statute it is supposed merely to administer.

Most importantly, enacting Sen. Murkowski’s resolution will ensure that the big decisions about the content and direction of national policy are made by the people’s representatives, as the Constitution requires.

“President Obama tried Wednesday to channel public outrage about the Gulf of Mexico oil spill into support for a climate-change bill, seeking to redefine an issue that threatens to tarnish his presidency,” according to the Washington Post.

I’ve written on how absolutely anything, and I do mean anything, can and has been used to show the ill impact of global warming, including:

Brain-eating amoebae, brothels struggle, cannibalism, circumcision in decline, Earth to explode, earth upside down, football team migration, Garden of Eden wilts, invasion of king crabs, Italy robbed of pasta, killer cornflakes, Loch Ness monster dead, mammoth dung melt, opera house to be destroyed, seals mating more, spiders invade Scotland, squid larger, squid tamed, UFO sightings, Vampire moths, violin decline, witchcraft executions.

Now it appears absolutely anything can be used as an excuse to pass climate change legislation. I think we should all help our president by coming up with even more reasons! I’ll start it off and you can send your contributions, which I can then post and subsequently hand deliver to our Chief Executive. The best will probably be those that relate in some way specifically to Obama.

  • The pet dog, Bo, piddled the carpet in the Oval office.
  • “Those idiot birthers just won’t quit!”
  • “30 Rock” last night was a rerun.
  • Obama saw a cloud formation that looked just like global warming.
  • His organic bread turned green overnight. (No, wait! That happened to me!)
  • “Those damned “v1agra” and “V!agra” emails are getting through the spam filter.
  • Michelle had “a headache” last night.
  • To honor veterans of the Seminole Indian War.
  • Obama had the strangest dream in which cute little bunnies became man-eating snails.
  • They’ve released another DVD edition of The Wizard of Oz.

BP, which is responsible for the terrible oil spill in the Gulf of Mexico, has a safety record infinitely worse than other oil companies, which make safety a priority in drilling for oil.  ABC News reports that “BP ran up 760 ‘egregious, willful’ safety violations, while Sunoco and Conoco-Phillips each had eight, Citgo had two and Exxon had one comparable citation.”  Exxon, the oil company most critical of global warming hysteria, had the best safety record.  BP’s record is so bad that it has been described as a “serial environmental criminal.”

While other companies have invested money in safety, BP has “invested heavily” in an environmentally-conscious advertising campaign that brands the company as “Beyond Petroleum,” and until recently spent money lobbying for the global-warming bill backed by the Obama administration, a bill full of  corporate welfare dressed up as “green energy.”   The company’s advertising campaign successfully duped consumers into viewing it as “the greenest oil company.”

Earlier, the Obama administration ignored the pleas of Louisiana’s governor to allow Louisiana to build barrier islands to contain the damage from the oil spill, insisting that any such islands should be built, if at all, only after a slow and complicated regulatory process that could take years.

Democratic strategist James Carville, who was raised in Louisiana, called Obama’s handling of the oil spill “lackadaisical” and “unbelievable” in its “stupidity.”

The Obama administration granted BP a waiver from environmental regulations in April 2009.  Obama received lots of campaign contributions from BP.  ABC News reports that the “top recipient of BP-related donations during the 2008 cycle was President Barack Obama himself, who collected $71,000.”

The $800 billion stimulus package is using taxpayer subsidies to replace U.S. jobs with foreign green jobs. Its regulations are destroying jobs in America’s export sector.

The global warming legislation backed by President Obama would also drive jobs overseas, since it would impose a costly cap-and-trade carbon rationing scheme on American industry, while leaving foreign plants operated by multinational corporations unregulated.  That’s one reason why many big companies with plants overseas are lobbying for the global-warming legislation, which would give them an advantage over competitors that make their products largely in America.

Although Obama and other backers of this “cap-and-trade” concept claim it will cut greenhouse gas emissions, it may perversely increase them by driving industry overseas to places with fewer environmental regulations, resulting in dirtier air, and damage to forests and water supplies.   It would enrich politically-connected corporations, and result in massive destruction of the world’s forests.

By expanding ethanol subsidies and mandates, it would cause enormous “damage to water supplies, soil health and air quality.” Ethanol subsidies have already resulted in forests being destroyed in the Third World.

The Washington Examiner earlier explained how the global warming bill would cause deforestation by expanding ethanol subsidies, and thus increase greenhouse gas emissions in the long run.  Obama’s so-called “cap-and-trade” bill is full of pay-offs for special interests.

On June 10, the Senate will debate and vote on S.J.Res.26, a resolution of disapproval sponsored by Republican Senator Lisa Murkowski of Alaska to stop EPA from ‘enacting’ controversial global warming policies through the regulatory back door.

S.J.Res.26 would overturn the legal force and effect of EPA’s endangerment finding, a December 2009 rulemaking in which the agency concluded that greenhouse gas emissions endanger public health and welfare. The endangerment finding is both trigger and precedent for sweeping policy changes Congress never approved. America could end up with a bundle of greenhouse gas regulations more costly and intrusive than any climate bill or treaty the Senate has declined to pass or ratify, yet without the people’s representatives ever voting on it.

Of course, not everbody sees it that way. In a recent letter urging Senators to vote against the Murkowski resolution, former EPA Administrator Russell Train contends that Congress did intend for EPA to regulate greenhouse gases through the Clean Air Act. His argument may be summarized as follows: 

  1. Congress enacted the Clean Air Act.
  2. The Act requires EPA to regulate air pollutants which in its judgment endanger public health or welfare.
  3. EPA has determined that greenhouse gas emissions endanger public health and welfare.
  4. Therefore, Congress intended for EPA to regulate greenhouse gases.
  5. Hence, S.J.Res.26 would “roll back” and “undermine” the Clean Air Act.

A moment’s reflection, however, reveals that this argument is an empty suit. All it proves is that EPA has jumped through the requisite procedural hoops, which nobody disputes. It in no way demonstrate that Congress intended for EPA to regulate greenhouse gases.

As I explain today on MasterResource.Org, the free-market energy blog, Train ignores the obvious:

  1. Congress did not design the Clean Air Act to be a framework for climate policy.
  2. Congress has never voted for the Act to be used as such a framework.
  3. Applying the Clean Air Act to carbon dioxide leads to “absurd results” — regulatory consequences that conflict with and undermine congressional intent, as even EPA admits.
  4. Unless stopped, EPA will be in a position to determine the stringency of fuel economy standards for the auto industry, set climate policy for the nation, and even ‘amend’ portions of the Clean Air Act (to avoid some, but not all, absurd results). These are powers Congress never delegated to EPA.

The importance of the vote on S.J.Res.26 is hard to exaggerate. Nothing less than the integrity of our constitutional system of separated powers and democratic accountability hangs in the balance.

CEI Weekly is a compilation of articles and blog posts from CEI’s fellows and associates sent out via e-mail every Friday. Also included in the Weekly newsletter is a brief description of CEI’s weekly podcast and a feature on a major CEI breakthrough made during the week. To sign up for CEI Weekly, go to http://cei.org/newsletters.

CEI Weekly

May 28, 2010

>>CEI Sues NASA to Uncover Key Global Warming Docs

CEI is suing NASA in federal court! We have asked the court to order NASA – which has evaded our Freedom of Information Act requests for three years – to turn over documents related to global warming activities undertaken by federal employees. Chris Horner, along with the law firm Gibson, Dunn and Crutcher, is leading the charge to determine whether NASA facilities and staff were employed to push a specific policy agenda. As Congress ponders legislation that would increase the price of energy, thereby creating a massive new tax on Americans, it is vital that the general public know the extent to which the government’s own scientists have been fueling the alarmist political agenda while ostensibly being paid by taxpayers for impartial climate research. The text of CEI’s court filing is here (PDF). The Washington Times covered our lawsuit in a front page story, which can be read here.

>>Shaping the Debate

Kerry-Lieberman plan has ‘something to harm everyone’and lacks bipartisan support.

Myron Ebell’s quote in The Orange County Register

Regarding climate change, Kerry should heed science

William Yeatman’s letter in The Hill

Liberate to stimulate – Live in the UK!

Iain Murrary’s op-ed in The Examiner Opinion Zone

Pests over people

William Yeatman’s op-ed in The Washington Times

Cuccinelli Is Following the Law; Mann Up, UVa

Chris Horner’s op-ed in The Richmond Times-Dispatch

John Kerry* Imitates the Onion

William Yeatman cited in The Wall Street Journal

The Other Blumenthal Scandal

CEI cited in The Wall Street Journal

Outlook for broadband policy and net neutrality grim

Wayne Crews’ quote in San Jose Mercury News

>>Best of the Blogs

CEI Statement on Senate Passage of Restoring American Financial Stability Act

by John Berlau

Senate Passes Financial “Reform” Bill, 59-39; Will Wipe Out Jobs and Increase Credit Card Costs

by Hans Bader

In Letter and Spirit: Equal Treatment Under the Law

by Angela Logomasini

>>LibertyWeek Podcast

Episode 94: The Nanny State Diaries

Richard Morrison and Jeremy Lott welcome guests Marc Scribner, William Yeatman, Lee Doren, and Angela Logomasini to episode 94. We tackle politics in the Aloha state, freedom of information at the University of Virginia, Bureaucrash’s best and brightest, and the attack of the nanny state.

>>Support CEI

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Competitive Enterprise Institute
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In The Washington Post, Robert Bryce debunks five myths about green energy: it won’t create jobs, won’t help the environment, and won’t make America less dependent on despotic foreign regimes.

The $800 billion stimulus package is using taxpayer subsidies to replace U.S. jobs with foreign green jobs. It is also destroying jobs in America’s export sector.

The global warming legislation backed by President Obama would also drive jobs overseas, since it would impose a costly cap-and-trade carbon rationing scheme on American industry, while leaving foreign plants operated by multinational corporations unregulated.  That’s one reason why many big companies with plants overseas are lobbying for the global-warming legislation, which would give them an advantage over competitors that make their products largely in America.

Although Obama and other backers of this “cap-and-trade” concept claim it will cut greenhouse gas emissions, it may perversely increase them by driving industry overseas to places with fewer environmental regulations, resulting in dirtier air, and damage to forests and water supplies.   It would enrich politically-connected corporations, and result in massive destruction of the world’s forests.   By expanding ethanol subsidies and mandates, it would cause enormous “damage to water supplies, soil health and air quality.” Ethanol subsidies have already resulted in forests being destroyed in the Third World.

The Washington Examiner earlier explained how the global-warming bill backed by Obama will lead to deforestation, and thus increase greenhouse gas emissions in the long run.  Obama’s so-called “cap-and-trade” bill is full of pay-offs for special interests.

Such cap-and-trade energy rationing schemes would lead to big tax increases, administration officials privately have conceded, even though they publicly claim otherwise.  “Officials at the Treasury Department think cap-and-trade legislation would cost taxpayers hundreds of billion in taxes, according to internal documents circulated within the agency and provided to The Washington Times” by CEI.  It could raise household taxes by $1761 per year, equivalent to a 15 percent tax increase.   It would also result in “loss of steel, paper, aluminum, chemical, and cement manufacturing jobs.”

Obama earlier admitted that “under my plan of a cap and trade system, electricity rates would necessarily skyrocket,” since its costs would be passed “on to consumers.”

Citizens would be wise not to trust Obama’s utopian claims about mythical green jobs, given that the foreign green jobs programs he seeks to imitate have completely failed.  Obama’s past claims about job-creation have turned out to be false. Obama falsely claimed that the $787 billion stimulus package was needed to prevent “irreversible decline,” but the Congressional Budget Office admitted that it would actually shrink the economy “in the long run”.  Unemployment has skyrocketed past European levels, as big-spending countries have fared worse than thrifty ones.  As the Examiner notes, “If his stimulus program was approved, Obama promised, unemployment would not go above 8 percent . . . The reality is that it passed 10.3 percent.”  In 2008, Obama promised a “net spending cut,” but as soon as he was elected, he proposed massive spending increases.

In the News

Energy Regulation in the States: A Wakeup Call
Daniel Simmons, MasterResource.org, 28 May 2010

It’s Not a Good Season for Al Gore’s Fan Club
Mark Landsbaum, Orange Punch, 27 May 2010

Lost in the Gulf: Perspective
Ron Ross, American Spectator, 27 May 2010

Climategate and the Scientific Elite
Iain Murray, National Review, 26 May 2010

NASA Accused of Climategate Stalling
Stephen Dinan, Washington Times, 26 May 2010

Push To Balance Climate Debate in Classroom Heats up in Colorado
Nancy Lofholm, Denver Post, 26 May 2010

Americans Are Becoming Global Warming Skeptics
Mary Kate Cary, US News & World Report, 26 May 2010

The Green Dog Isn’t Barking at the NYT
Chris Horner, BigGovernment.com, 24 May 2010

Obama’s Choice: Pests over People
William Yeatman, Washington Times, 24 May 2010

Europe’s Climate Chief under Pressure over ‘Missing’ Emissions Traders
Felicity Carus, Guardian, 24 May 2010

News You Can Use

Climategate Is Changing Public Perception of Global Warming

  • In April, a Rasmussen poll showed more than 40 percent of voters say global warming is not serious, which is a new high
  • A survey in February by the BBC found that only 26 percent of Britons believed that “climate change is happening and is now established as largely manmade,” down from 41 percent in November 2009.
  • A poll conducted for the German magazine Der Spiegel in March found that 42 percent of Germans feared global warming, down from 62 percent four years earlier.

Inside the Beltway

Myron Ebell

Murkowski Resolution Vote Set for 10th June

A vote on the Senate floor on Senator Lisa Murkowski’s (R-Alaska) resolution of disapproval of the EPA’s endangerment finding was delayed once again this week, but a definite date has now been set.  Senator Murkowski obtained a unanimous consent agreement to hold the vote on S. J. Res. 26 on Thursday, 10th June.

My CEI colleague Marlo Lewis’s latest article on why the endangerment finding should be overturned was published on Pajamas Media this week. Americans for Prosperity’s Phil Kerpen also wrote an excellent article in support of the Murkowski Resolution on Fox Forum. Those wishing to contact their Senators in support of the resolution may do so at Freedom Action.

Protesters, described as Tea Party activists, rallied in front of Senator Jay Rockefeller’s (D-WV) office in Charleston this week in favor of the Murkowski resolution.  Senator Rockefeller quickly released a statement that said, “Senator Murkowski and I have been working to find a way to suspend EPA climate regulations because we believe that Congress – not an unelected federal agency – should decide these enormous economic issues.”  Of course, Rockefeller, has his own bill to delay EPA regulations for two years, but it sounds like he is now leaning toward voting for the Murkowski resolution.

Casey and Carper Plan to Thwart Murkowski Resolution

Senators Bob Casey (D-Penna.) and Tom Carper (D-Del.) are putting together legislation designed to defeat the Murkowski resolution.  Their plan is to legislate the EPA’s proposed tailoring rule that exempts small sources of greenhouse gas emissions from regulation under the Clean Air Act (at least for a few years).  The tailoring rule as issued by EPA is likely to be overturned in federal court simply because the Clean Air Act doesn’t give EPA the flexibility to regulate some sources and not others.  The Act states that sources emitting more than 250 tons per year of the regulated pollutant are to be regulated.  Not many sources emit more than 250 tons of air pollutants such as sulfur dioxide, but millions of sources produce more than 250 tons of carbon dioxide a year.

By enacting the tailoring rule, Casey and Carper can argue that they are protecting millions of small businesses and farms while still retaining regulation of greenhouse gases.  This might appeal to Senators in the middle who favor government control of energy use, but realize that doing so using the Clean Air Act is going to lead to a regulatory trainwreck.  However, enacting the tailoring rule would also have the effect of enacting the endangerment finding and the Clean Air Act regulations that follow from it.  This would quash the lawsuits that have been filed challenging the endangerment finding.

There have been rumors that Majority Leader Harry Reid (D-Nev.) would like to attach the Casey-Carper language to a bill on the Senate floor as soon as possible.  However, it now looks as if no bill to which Casey-Carper would be a germane amendment will come to the floor before the 10th June vote on the Murkowski resolution.  Thus if the Murkowski resolution passes, the Senate will be unlikely to pass Casey-Carper as well.

Across the States

Oklahoma

In an effort to help close a $1.2 billion budget deficit, the Oklahoma legislature this week passed S.B. 1267, which would suspend 30 state credits, including one for wind power generators. According to Chuck Hodge, the Vice President of DMI Industries, Oklahoma’s only wind power manufacturer, S.B. 1267 would cause wind developers to avoid the State, which means that this legislation is doubly good for Oklahomans: It would help cut the state’s deficit, and it would spare electricity consumers from expensive and unreliable wind power.

Climategate Update

Last Friday, the Competitive Enterprise Institute filed a request seeking records from the University of Virginia under that state’s Freedom of Information Act (FOIA). In particular, CEI wants to know why UVA is resisting the request by Virginia Attorney General Ken Cuccinelli for the files of former Associate Professor Michael E. Mann, author of the debunked “hockey stick” global temperature reconstruction, at the same time that the University is complying with a FOIA request from Greenpeace for the files of former Professor Patrick Michaels, a prominent skeptic of catastrophic climate change. AG Cuccinelli has begun an investigation of possible misuse of state funds by Mann. To learn more, read this piece by CEI’s Chris Horner in Sunday’s Richmond Times-Dispatch.

This week, CEI  filed a lawsuit to force NASA to produce records related to last year’s “ClimateGate” scandal. The lawsuit arises out of three CEI Freedom of Information Act (FOIA) requests, initiated in August 2007 and originally seeking internal documents about NASA improperly boosting U.S. temperature data in this decade.  Five months after the first request, CEI sought documents concerning Dr. Gavin Schmidt, a taxpayer-funded NASA researcher who spends working hours running and writing for a third-party website (RealClimate.org) that was created to defend the now-debunked “Hockey Stick” temperature graph. After CEI submitted this FOIA request, timestamps were retroactively removed from Real Climate posts.  CEI is presenting the Court with original website postings that establish how NASA facilities and staff, at taxpayer expense, are being employed to push a specific policy agenda. Click here to read the legal brief.

A Kerry Kerfuffle

Last week, Senator John Kerry wrote a fact-free opinion piece in The Hill claiming that global warming is a clear and present danger to American national security. To set the record straight, CEI’s William Yeatman wrote a letter to The Hill detailing Kerry’s exaggerations and misstatements. Clearly, the letter got under the Senator’s skin, because within hours, the Senator published a response in the Huffington Post, in which the Senator opted for ad hominem attacks rather than explain the shoddy reasoning behind his original opinion piece. Kerry’s tortured response, in turn, drew the attention of the Wall Street Journal’s James Taranto, who wrote a very witty rebuttal, with a particular focus on the Senator’s hypocritical relationship with military authority.

The Cooler Heads Digest is the weekly e-mail publication of the Cooler Heads Coalition. For the latest news and commentary check out the Coalition’s website, www.globalwarming.org.

Hosts Richard Morrison and Jeremy Lott welcome guest William Yeatman to Episode 94 of the LibertyWeek podcast. We examine Chris Horner’s recent freedom of information requests to the University of Virginia, over key Climategate figure Michael Mann. Segment starts approximately 5 minutes in.

The $800 billion stimulus package is shipping American jobs overseas.  More than 79 percent of “green jobs” funding under the stimulus package went to foreign firms.  Meanwhile, to pay for the stimulus package, the government borrowed a huge amount of money from the American people, money that would otherwise have been spent on American products, or been invested in America’s companies.

The stimulus package has also destroyed thousands of jobs in America’s export sector by triggering trade wars that America lost.  It also subsidized countless examples of government waste.

Spain’s “green jobs” program, a model for Obama’s green-jobs and global-warming programs, has turned out to be a complete bust, destroying jobs and contributing to Spain’s skyrocketing government deficit.  (Earlier, Obama’s green jobs czar, Van Jones, resigned over his 9/11 conspiracy theories.  He was hired by Obama despite his long history of Marxism and racism, arrest record, and glorification of a convicted murderer.)

The Washington Examiner earlier explained how the global-warming bill backed by Obama will lead to deforestation, and thus increase greenhouse gas emissions in the long run.  Obama’s so-called “cap-and-trade” bill is full of pay-offs for special interests.  Obama once admitted that under his cap-and-trade scheme, electricity and utility bills would “skyrocket” and coal-fed power plants would go “bankrupt.”  Treasury Department analysts estimated it could increase taxes on the average American household by $1761 per year.  The bill contains environmentally-harmful provisions, such as massive ethanol subsidies, which will result in “damage to water supplies, soil health and air quality.” Ethanol subsidies have resulted in forests being destroyed in the Third World, and caused famines that have killed countless people in the world’s poorest countries.

The cap-and-trade global-warming tax is yet another violation of Obama’s campaign promise not to raise taxes on anyone making less than $250,000 a year.  Obama has admitted that its cost will be passed “on to consumers,” like middle-class homeowners and motorists.

“Nearly two-thirds of Americans do not believe the $787 billion stimulus package the president passed last year has helped create jobs, according to a new Pew Research Center poll.”

As the Washington Examiner notes, “a recent survey of business economists showed they didn’t think the stimulus was creating jobs, either.”  President Obama falsely claimed that virtually all economists supported his stimulus package, but this was patently untrue at the time he made this claim, when at least 200 economists publicly opposed it, and it  is even more untrue now.

Obama falsely claimed that the $787 billion stimulus package was needed to prevent “irreversible decline,” but the Congressional Budget Office admitted that it would actually shrink the economy “in the long run”.  The stimulus package has since destroyed thousands of jobs in America’s export sector, and subsidized countless examples of government waste and corruption.

Unemployment has skyrocketed past European levels, as big-spending countries have fared worse than thrifty ones.  As the Examiner notes, “If his stimulus program was approved, Obama promised, unemployment would not go above 8 percent . . . The reality is that it passed 10.3 percent.”

Nobel Prize-winning economist Gary Becker says that Obama’s policies are delaying economic recovery.

“How is stimulus money allocated? Unemployment isn’t a factor, but politics is,” found George Mason University researcher Veronique de Rugy in a recent study.

Districts where people are struggling and unemployment is high are not receiving any more money than those in which unemployment is low, even though a stated purpose of the $800 billion stimulus package was to help the unemployed.  But politics mattered in doling out federal funds.  And “Democratic districts also received two-and-a-half times more stimulus dollars than Republican districts.”

There are three trillion dollars in tax increases in Obama’s proposed budget, yet it would still borrow 42 cents on the dollar, resulting in colossal deficits.

Obama’s policies would raise the national debt by $9.7 trillion, noted the Congressional Budget Office.

Earlier, one of Obama’s own advisers worried that the “barrage of tax increases” in his budgets could harm the economy and prevent a “sustained” economic recovery.

In 2008, Obama promised a “net spending cut,” but as soon as he was elected, he proposed massive spending increases.

In the News

States Divided Over New EPA Rules
Shannon Goessling, Washington Times, 21 May 2010

Cap-and-Trade Magic Show
James Valvo, Washington Times, 21 May 2010

Inequitable in Ecuador
Quin Hillyer, American Spectator, 21 May 2010

Electric Dreamin’
Henry Payne, Planet Gore, 21 May 2010

Scientists Scramble To Address Radio Campaign
Stephen Dinan, Washington Times, 20 May 2010

The Green Jobs Myth
Investor’s Business Daily editorial, 20 May 2010

The EPA’s Shocking Power Grab
George Allen & Marlo Lewis, Forbes, 18 May 2010

UVA’s Dishonorable Double Standard
Barbara Hollingsworth, Washington Examiner, 18 May 2010

Climate Policy Needs a Team “B”
David Schnare, MasterResource.org, 18 May 2010

News You Can Use

Maybe It’s the Sun

Despite the absence of anthropogenic greenhouse gas emissions, Jupiter’s climate changed drastically this month when a giant belt of clouds circling the planet mysteriously disappeared. As noted by the BlogProf, this follows recent discoveries that Triton, a moon of Neptune, is rapidly warming and that Mars’s polar ice caps are evaporating.

Inside the Beltway

Myron Ebell

Murkowski Resolution Debate Heats Up

In a story in Environment and Energy Daily (reprinted on the NY Times’s web site), Darren Samuelsohn reports that Senator Lindsey Graham (R-SC) predicts the Murkowski resolution of disapproval of the EPA’s endangerment finding will pass the Senate when it is brought to the floor for a vote next week.  “I think it will pass,” said Sen. Lindsey Graham (R-S.C.). “There are a lot of people who will be in the camp of, ‘We should do it, not the EPA.'”

I think that is a sensible observation.  Senator Lisa Murkowski (R-Alaska) is among those who favor reducing greenhouse gas emissions, but who do not want it to be done by using the Clean Air Act.  That is because she has concluded that applying the Clean Air Act to carbon dioxide emissions will result in a regulatory nightmare and wreck the economy (which is also sensible).  This conclusion is gaining ground as Members of Congress look at the issue.  Therefore, I do not think the Senate vote is merely “symbolic,” as political commentator Norman Ornstein of the American Enterprise Institute told Evan Lehmann and Jessica Leber of Climate Wire (also reprinted on the New York Times’s web site).

My guess is that Murkowski’s resolution, S. J. Res. 26, will pass narrowly and that pressure will then build on House Speaker Nancy Pelosi (D-Calif.) to schedule a House vote.  One of the interesting results of the congressional primary elections so far is that strong opponents of cap-and-trade in both parties are doing well.  Steve Milloy of JunkScience.com has noticed the trend, as has the Huffington Post.  Democratic House Members worried about their re-election may plead with Pelosi that they need a vote against EPA regulation to take back home. An indication that Pelosi may already be feeling some heat is that this week she said, as reported by Bob Cusack and Ben Geman in the Hill, that Congress should legislate global warming policy rather than let EPA regulate.

This week nineteen free market and conservative non-profit groups sent a joint letter to Senators in support of the Murkowski resolution.  It was written and organized by my CEI colleague, Marlo Lewis.  Marlo and former Virginia Governor and Senator George Allen also published an excellent op-ed on the Forbes Magazine web site that explains why stopping EPA from using the Clean Air Act to regulate carbon dioxide emissions is a constitutional as well as economic imperative.

Several environmental groups have been running ads against the Murkowski resolution.  Americans for Prosperity has held a bunch of rallies in support of the resolution in the States of key Senators over the past few weeks.  This week Freedom Action (of which I am director) started running radio ads in six States-Virginia, West Virginia, North Dakota, New Mexico, Montana, New Mexico, and Alaska-which tie the ClimateGate scandal to the EPA Endangerment Finding and urge listeners to e-mail their Senators.

Obama Wants To Raise CAFE Again

President Barack Obama today issued a memorandum directing federal agencies to develop tougher new fuel economy standards for cars and light trucks beginning in the 2017 model year and to develop fuel economy standards for medium and big trucks for the first time. This follows the new standards announced in April that will begin with the 2012 model year.  It’s not clear to me that consumers are going to want to buy the models that the Congress and the Obama Administration have decreed will be offered in 2012, but the automakers are now resigned to taking orders from their federal masters rather than their customers. My prediction is that another massive bailout of the automakers is inevitable.

“Invaluable” Climate Reports Released

The National Academies of Science this week released three reports prepared by the National Research Council that endorse the scientific case for global warming alarmism and claim that it is urgent that the federal government adopt mandatory reductions in greenhouse gas emissions.

Former New York Times environment reporter Andrew Revkin on his New York Times blog called the reports “invaluable.”  Yeah, I’ve got a lot of invaluable junk stored in my basement, too, that perhaps I can interest Andy in buying.

The fact is that these three reports are put-up jobs arranged by NAS President Ralph Cicerone to counter the damage done by the Climategate scandal.  I have seen enough of Dr. Cicerone in action to know that he is a political conman first and a scientist second.  I wouldn’t trust him to give a straight answer on the time of day.  The carefully-chosen members of the NRC committees that wrote the reports are mostly committed advocates of alarmism and energy rationing policies.  Mark Landsbaum of the Orange County Register agrees.

4th International Conference on Climate Change

I was one of 700 people attending the Heartland Institute’s fourth International Conference on Climate Change this week.  As with the first three conferences, Joe Bast, James Taylor, Nikki Comerford, and the Heartland staff put together a well-run conference with many outstanding speakers.  All of the keynote and panel presentations are available on video here.

There are a number of famous names among the speakers who gave excellent talks-Richard Lindzen, Bob Carter, Steve McIntyre, Nils-Axel Morner, Ian Plimer, and others whose talks I missed (which is the problem with having four concurrent sessions).  One less famous speaker, whose talk I recommend watching, is Willis Eschenbach.

Across the States

West Virginia

On Tuesday night, the Environmental Protection Agency held a public hearing in Charleston, West Virginia, on its proposed veto of a Clean Water Act permit for Spruce Fork 1 coal mine in Logan County, which is already operating. The EPA is exercising this authority for the first time ever, in order to protect an insect that isn’t even an endangered species. More than 800 people attended, and scores of miners, small businessmen, and community activists gave testimony urging the EPA to spare their livelihoods. The EPA’s veto would result in the direct loss of 250 jobs paying an average of $62,000, and would also deprive the Logan County school system of more than $17 million annually.

Around the World

Spain

Since becoming President, Barrack Obama has cited the “success” of Spain’s green energy policies eight times, most recently in Illinois, three weeks ago. So it was major news when Professor Gabriel Calzada, an economist at King Juan Carlos University, released a study in 2009 concluding that Spain’s ultra-wasteful green energy subsidies were killing 2.2 jobs for every job they created. After CEI’s Chris Horner broke news of the study in the U.S., the Obama administration commissioned a hatchet job analysis to discredit Calzada’s work. This week, Professor Calzada was vindicated when a government report was leaked conceding that the green energy subsidies are unsustainable. The headline of the Spanish daily La Gaceta says it all: “Spain Admits That the Green Economy as Sold to Obama Is a Disaster.”

UNFCCC

Bloomberg reported this week that Christiana Figueres, a Costa Rican diplomat, will succeed Yvo de Boer as the head of the United Nations Framework Convention on Climate Change on July 1st. Soon after the announcement, she told reporters that she is confident that a legally binding, international greenhouse gas emissions reductions treaty can be reached in 3 years. We’ve heard that before. In 2007, de Boer championed the “Bali Roadmap,” which was supposed to lead to a climate treaty at the 15th Conference of the Parties to the UNFCCC last December in Copenhagen, Denmark. Of course, the Copenhagen Climate Conference foundered amid recriminations over how to share the $45 trillion price tag for a global climate treaty.

The Cooler Heads Digest is the weekly e-mail publication of the Cooler Heads Coalition. For the latest news and commentary check out the Coalition’s website, www.globalwarming.org.