William Yeatman

Post image for Senator Al Franken’s Shakedown Undermined Energy Secretary Chu’s Defense

Energy Secretary Steven Chu today testified before the Senate Energy and Natural Resources Committee on the Obama administration’s  budget for the Department of Energy (DOE). Despite the fact that the DOE has yet to spend $21 billion in stimulus money (about 60% of its 2010 budget), the White House proposed a 12% budget increase.

Minnesota Senator Al Franken was unconcerned with the deficit implications of giving billions more taxpayer dollars to a bureaucracy that has yet to spend the billions of taxpayer dollars it already has. Instead, he had a much more parochial matter in mind.

His line of questioning for the Energy Secretary focused on Sage Electrochromic, a Minnesota-based window manufacturer. Senator Franken explained that the window company had received a $70 million loan guarantee from the Department of Energy, which you’d think would be  pleasing to the Senator. After all, a federally backed loan is a taxpayer subsidy that allows recipients to obtain better financing.

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Post image for Biofueling an Egyptian Uprising

Last week the New York Times Paul Krugman noted that near-record high food prices instigated the social instability in Cairo that has since led to overturning of Egypt’s government. However, Krugman went on to blame the rise in food prices on global warming, which is pure poppycock, as is explained by Roger Pielke Jr. In an editorial last Tuesday, the Washington Post identified a much more plausible explanation for the spike in food prices: ethanol.

This year, American farmers will divert a third of the corn crop into the production of corn fuels that are more expensive and environmentally harmful than regular gasoline. Naturally, this has increased demand for corn, which, in turn, has pushed prices to historic highs. American farmers set the global price for corn, so the impact of our foolish ethanol prices is felt worldwide. American corn is one of the largest crops in the world, and by displacing land given to other crops, the ethanol mandate also increases the price of wheat and soybeans on the international market.

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Post image for Cooler Heads Digest 11 February 2011

In the News

Newt Gingrich and Nancy Pelosi: Energy Policy Partners
Al Kaman, Washington Post, 11 February 2011

“Sustainability”: Some Free Market Perspectives
Marlo Lewis, MasterResource.org, 11 February 2011

The High Speed Rail Boondoggle
Lou Dolinar, National Review, 11 February2011

No Arctic “Tipping Point”
David Whitehouse, The Observatory, 10 February 2011

What Happens When Economists Skip Econ 101
David Kreutzer, The Foundry, 10 February 2011

More Greenie “Con” Jobs
Chris Horner, American Spectator, 8 February 2011

Chrysler Super Controversy
Henry Payne, Planet Gore, 8 February 2011

The Trouble with the “Green Jobs” Approach
Debra Saunders, San Francisco Chronicle, 6 February 2011

News You Can Use

Cold Weather Kills

In the wake of record freezing temperatures and snowstorms that wreaked havoc across the American south again this week, it bears repeating that cold weather is a public health threat—much more so than any of the fantasy harms imagined by global warming alarmists. As noted by Indur Goklany, the empirical evidence clearly demonstrates that mortality in developed countries is significantly greater during winter months.

Inside the Beltway

Myron Ebell

House Energy and Commerce Committee Holds Hearing on EPA Pre-emption

The Energy and Power Subcommittee of the House Energy and Commerce Committee held a day-long hearing on Wednesday on the Inhofe-Upton-Whitfield draft legislation (titled the Energy Tax Prevention Act) to block EPA from using the Clean Air Act to regulate greenhouse gas regulations.  The star witnesses were Senator James M. Inhofe (R-Okla.) and EPA Administrator Lisa Jackson.  They were followed by two panels of witnesses from the private sector plus the Attorney General of Texas, Greg Abbott.  I didn’t hear them all, but of the witnesses I did hear I was especially impressed by Abbott,  Mr. Steve Rowlan of steelmaker Nucor, and Mr. Peter Glaser of the law firm Troutman Sanders.

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Post image for Cooler Heads Digest 4 February 2011

In the News

Congress Should Tell the EPA It’s Not Congress
National Review editorial, 3 February 2011

With Energy Czar Gone, Michigan Wins
Henry Payne, Detroit News, 3 February 2011

80% “Clean” Energy by 2035: What Does This Mean?
Ken Kok, MasterResource.org, 3 February 2011

T. Boone Pickens Unwittingly Exposes Absurdity of “Energy Independence”
John Tamny, RealClearMarkets.com, 3 February 2011

How Climate Sanity Has Been Gored
Larry Bell, Forbes, 3 February 2011

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Have you seen Spike TV’s new show on coal mining in West Virginia? I haven’t, but I’ve read the Washington Post’s review, and while it didn’t tell me anything about the show, it did provide an interesting insight into jaded lens through which the mainstream media views the coal industry.

January 28’s “TV Column” starts

“You know that West Virginia coal mine that’s the star of Spike TV’s new reality series “Coal,” from the same guy who brings you Discovery’s “Deadliest Catch””

O.K….so far so good. But in the second paragraph, the post television critic takes an unexpected turn:

“Federal inspectors have cited the Canadian coal company that they say owns the mine for 19 health and safety violations during the nearly three months the TV crew was filming there.”

The remainder of the article is given to the hazardous nature of coal mining. In fact, the regulation of underground mines is an extremely technical and controversial subject. If the Washington Post wants to run stories about this issue, they should be in Section A, written by someone with expertise on the matter. Section C should keep to entertainment.

Last week Tim Huber of the Associated Press broke news on yet another front being opened in Obama’s war on Appalachian surface coal mining (I blogged about the other front yesterday).

The AP story pertained to a controversial rule derivative of the 1977 Surface Mining Control and Reclamation Act (SMCRA), known as the “100 feet buffer rule. As its name would suggest, it basically prohibits mining waste from being deposited within 100 feet of intermittent or perennial streams. According to the AP article, the Obama Administration’s preferred interpretation of this rule would cost 7,000 mining jobs, almost exclusively in Appalachia. And that’s the Department of the Interior’s own estimate, which is likely a lowball.

Background: The 100 feet buffer rule was largely ignored until the 1990s, when environmentalists initiated lawsuits alleging that valley fills constitute mine waste, and are therefore in violation of the buffer rule.

[Valley fills are a necessary byproduct of surface mining in the steep terrain of Appalachia. When you dig up coal, the loosened dirt and rock, known as overburden, have more volume than when they were compacted. Much of this overburden is used to reconstruct the approximate original contour of the mined terrain. However, there is almost always “extra” overburden, and this excess dirt and rock is placed in the valley at the base of the mine. This is known as a valley fill]

The problem with the environmentalists’ reasoning is that SMCRA clearly “contemplates that valley fills will be used in the disposal process,” to quote the Fourth Circuit Court of Appeals. So it doesn’t make sense that the law would both authorize and prohibit the same practice. President George W. Bush put the issue to rest in his second term. His Department of the Interior undertook a formal rule-making to exclude valley fills from the 100 feet buffer rule.

President Barack Obama, however, had campaigned on a promise to “bankrupt” the coal industry, and shortly after assuming office, he had the Department of the Interior try to reverse the Bush rule change, and thereby subject the Appalachian coal industry to an army of environmental lawyers. But a federal court slapped down this effort, because the Interior Department had tried to impose the rule change without a formal rulemaking. Thus rebuffed, the administration promised to revisit the issue within two years, and instead used a different tack to inhibit Appalachian coal production.

Which brings us to the AP story. Evidently, the Obama administration has been working on a new version of the 100 feet buffer rule, and their preferred choice is a doozy. According to the AP,

The office, a branch of the Interior Department, estimated that the protections would trim coal production to the point that an estimated 7,000 of the nation’s 80,600 coal mining jobs would be lost. Production would decrease or stay flat in 22 states, but climb 15 percent in North Dakota, Wyoming and Montana.

As Appalachia is the only region where valley fills are used frequently in coal mining, it stands to lose the most. Then again, that’s the point. This would be the second major business-crushing regulation tailor made for Appalachian coal country (to learn more about the first, click here and here).

Last week the New Mexico Supreme Court blocked Governor Susana Martinez’s attempt to stop a cap-and-trade energy rationing scheme from taking effect, on the grounds that the Governor failed to follow proper administrative procedure. In delivering the ruling, Chief Justice Charles Daniels admonished Governor Martinez, saying that “no one is above the law.” This is ridiculous. Governor Martinez was trying to block a cap-and-trade that had been imposed by her predecessor (ex-Governor Bill Richardson), during a lame-duck session, and after the state legislature had opposed it. When a state executive imposes an energy tax over the will of the legislature, isn’t he acting “above the law”? Fortunately, Governor Martinez still can block the regulation. She’ll have to wait until it’s published in the state register, and then her administration will have to perform a formal rulemaking through the Environmental Improvement Board. We hope she doesn’t abandon the effort.

In the News

Cold Truths about Electric Cars
Charles Lane, Washington Post, 28 January 2011

Austerity Pulling Plug on Europe’s Green Subsidies
Eric Reguly, Globe and Mail, 26 January 2011

Chinese Checkmate: Beating Us at Our Own Game?
Larry Bell, Forbes, 26 January 2011

The Horrid Ms. Browner
Alan Caruba, FreedomAction.net, 25 January 2011

‘Gasland’ Like More and Gore
Paul Chesser, American Spectator, 25 January 2011

The Heat Is on GE’s Immelt
Greg Pollowitz, Planet Gore, 24 January 2011

Five Reasons To Be a Skeptic
FoxNews.com, 24 January 2011

Price of Junk Science
Investor’s Business Daily editorial, 24 January 2011

News You Can Use

State of the Union Roundup

Here’s a roundup of commentary on the green energy part of the President’s State of the Union Address

Inside the Beltway

Myron Ebell

State of the Union

I was in West Virginia on Tuesday night and luckily managed to miss President Barack Obama’s State of the Union address to Congress.  Perhaps his delivery gave it some zing, but it’s dismal and tedious to read.  Most of it is sophomoric, and in places it’s faintly creepy.  The President’s speech repackages some of his most catastrophic policies in a new rhetorical context.  We’re now going to win the future by innovating and responding to the challenges we face as the U. S. responded to Sputnik in the 1960s.

Instead of putting Americans on the moon in a decade, the goal is to require that 80% of our electricity be produced from clean energy sources by 2035.

The President didn’t mention global warming or climate change, but clearly he’s still pursuing the global warming alarmist agenda, just as he promised to do last fall when he acknowledged that cap-and-trade was dead, but there were other ways to skin that cat.  As my CEI colleague Marlo Lewis was the first to point out, 80% by 2035 was the mandatory target in the Waxman-Markey cap-and-trade bill that passed the House in 2009 but died in the Senate last year.

Higher electric rates have undoubtedly had an effect on economic growth wherever they have been required by government.  Look at California.  Or Spain.  I hope Jeffrey Immelt, CEO of General Electric and the new Chairman of the President’s Council on Jobs and Competitiveness, will mention to the President that China gets 80% of its electricity from coal.  If we’re trying to keep up with China, perhaps the President should consider a goal of producing 80% of our electricity from coal by 2035.  Since we already get 50% from coal, that’s a much easier target to reach. And lower electric rates will put more money in people’s pockets to spend on other things and lower the cost of manufacturing.

President Obama also made the astonishing statement that, “We have to make America the best place on Earth to do business.”  Since virtually every economic policy he has implemented or proposed makes America a worse place to business, one might have thought that he would have then done a bit of backtracking on his Administration’s regulatory strangulation of business and new investment.  No, instead we’re going to put people back to work in good paying jobs manufacturing “solar shingles” and by wasting even more hundreds of billions of taxpayer dollars on dead-end technologies.  But in 2015 we will be proud of the fact that America will be the first country to have one million electric cars on the road.

Barrasso To Introduce Bill To Block Federal Climate Regs

Senator John Barrasso (R-Wyo.) plans to introduce a bill early next week to prohibit the regulation of greenhouse gas emissions using existing legal authority, such as the Clean Air Act.  It is my understanding that the bill will not overturn the deal on Corporate Average Fuel Economy standards for cars and light trucks that the Obama Administration negotiated in secret with the State of California and the automakers.  However, it will block any future Clean Air Act waivers for greenhouse gas emissions, so that California won’t be able to do the same trick again after the new CAFÉ standards go into effect in 2016.

It remains to be seen whether Senator Barrasso’s bill will have any Democratic co-sponsors.  It has been rumored that freshman Senator Joe Manchin (D-WV) has decided not to co-sponsor the bill.  If true, then Senator Manchin is already retreating from his tough talk in the campaign.  He certainly won’t be living up to the television commercial that got him elected in which he is seen shooting a bullet through the cap-and-trade bill.

This shouldn’t be too surprising.  The Senate Democratic leadership and the White House are probably leaning hard on Manchin.  Majority Leader Harry Reid (D-Nev.) on Thursday announced committee assignments for the 112th Congress.  Manchin was given a seat on the Energy and Natural Resources Committee.  It would be cynical to suggest that there is any connection between that and deciding not to co-sponsor the Barrasso bill.

Across the States

New Mexico Supreme Court Issues Ironic Ruling

This week the New Mexico Supreme Court blocked Governor Susana Martinez’s attempt to stop a cap-and-trade energy rationing scheme from taking effect, on the grounds that the Governor failed to follow proper administrative procedure. In delivering the ruling, Chief Justice Charles Daniels admonished Governor Martinez, saying that “no one is above the law.” This is ridiculous. Governor Martinez was trying to block a cap-and-trade that had been imposed by her predecessor (ex-Governor Bill Richardson), during a lame-duck session, and after the state legislature had opposed it. When a state executive imposes an energy tax over the will of the legislature, isn’t he acting “above the law”? Fortunately, Governor Martinez still can block the regulation. She’ll have to wait until it’s published in the state register, and then her administration will have to perform a formal rulemaking through the Environmental Improvement Board. We hope she doesn’t abandon the effort.

Around the World

Hackers Shut Down EU Cap-and-Trade

Two weeks ago, more than $30 million of energy-rationing coupons were stolen and immediately resold on the European Union’s Emissions Trading Scheme, a multinational cap-and-trade energy-rationing program. Evidently, hackers were able to break into the system due to the lax information security policies in the Czech Republic. In response to the theft, the ETS was shut down, and it was originally scheduled to open again today. Yesterday, however, the EU decided to keep the ETS closed indefinitely, until it better understands how the scheme was hacked.

Number of Skeptics Doubles in UK

According to a new poll conducted by the Office for National Statistics, the number of climate change skeptics in the United Kingdom doubled in the last four years, from 12 to 23 percent. The likely reasons for the increase in skepticism are the Climategate scandal and two consecutive record-breaking winters in northern Europe.
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

In the News

Say No to Green Energy
T. J. Rodgers, GreenTech Media, 21 January 2011

It’s Time Again to ‘Drill, Baby, Drill’
Jonah Goldberg, National Review, 21 January 2011

EPA Official Resigns Rather Than Face the Music over Mine Veto
Ron Arnold, Washington Examiner, 21 January 2011

The Tyranny of Eco-Sanctimony
Larry Bell, Forbes, 20 January 2011

France’s Solar Bubble Pops
Carl Shockley, Planet Gore, 20 January 2011

European Carbon Market Suspended over Fraud Fears
Rowena Mason, Telegraph, 19 January 2011

European History: Cooling Bad, Warming Good
Marlo Lewis, GlobalWarming.org, 18 January 2011

Obama’s Regulatory Proposal Doesn’t Pass the Laugh Test
Iain Murray, Washington Examiner, 18 January 2011

The Population Bomb Is a Myth
Dominic Lawson, Independent, 18 January 2011

Mean Green’s Cynical Makeover
Chris Horner, AmSpecBlog, 17 January 2011

News You Can Use

Marlo Lewis

Another Global Warming Scare Debunked

A popular “fact” peddled by global Warming alarmists is that rising ocean temperatures will melt frozen methane crystals (known as “clathrates”) on the deep ocean floor. As methane is a potent greenhouse gas, it has been claimed that this would cause a runaway loop whereby global warming causes more methane, which would cause more warming, and so on and so forth, until the planet is boiling. This claim, however, has been cast in doubt by a recent study published by ScienceExpress, demonstrating that previously undiscovered bacteria consumed in four months the massive volumes of methane released when the BP DeepWater Horizon well exploded last spring.

Inside the Beltway

Myron Ebell

The President’s Regulatory Smokescreen

President Barack Obama this week announced in a Wall Street Journal opinion article that he was going to order a comprehensive review of most federal regulations in order “to remove outdated regulations that stifle job creation and make our economy less competitive…. [and] … to root out regulations that conflict, that are not worth the cost, or that are just plain dumb.”  That sounds good, but in fact the President has created a smokescreen to conceal his administration’s regulatory assault on the American economy.

In his op-ed, President Obama gives an example of the kind of result he is seeking from his regulatory review.  The Food and Drug Administration considers saccharin safe for people to use as an artificial sweetener, yet the Environmental Protection Agency has long wanted to regulate saccharin as a toxic chemical.  In the enlightened Obama Administration, the EPA recently dropped saccharin from its list.  He didn’t mention that last week the EPA also told the Army Corps of Engineers to revoke a Clean Water Act permit granted in 2007 after a decade of review, which will close an already operating surface coal mine in West Virginia.  This decision destroys high-paying jobs and sends a chilling signal to potential investors in new industrial projects: we might issue a permit, but we also might change our minds after you’ve made your investment.

The Clean Air Act is also highlighted by the President as an example of “common sense rules of the road that strengthen our country without unduly interfering with the pursuit of progress and the growth of our economy.”  This is the same President who is trying to use the Clean Air Act to regulate greenhouse gas emissions and thereby raise energy prices and drive the current sluggish economic recovery into the ground.

Obama’s Favorite Crony Capitalist: GE’s Immelt

President Barack Obama on Friday created a new national Council on Jobs and Competitiveness and named his favorite crony capitalist, Jeffrey Immelt, as its chairman.  The appointment of Immelt, the Chairman and CEO of General Electric since 2001, is another clear sign that Mr. Obama is clueless about the economy and what his policies are doing to impede recovery.  If the President really wants to get the economy going and create jobs, he should do the opposite of what Immelt has done and of what Immelt advocates.

As the head of what was once one of the greatest corporations in the world, Immelt has been a bust.  GE’s share price was $40 when he took over.  For the past several years, it has bumped along at around $20.

As an advocate for national economic policies, Immelt is a much bigger disaster.  Along with James Rogers of Duke Energy, Immelt was the biggest corporate promoter of cap-and-trade legislation.  Cap-and-trade might have provided GE with some huge windfall profits for several of its businesses, but at the expense of doing immense harm to the U. S. economy.  Steeply increasing energy prices would make consumers poorer and price American manufactured goods out of the market.

But of course, Immelt’s shameless peddling of cap-and-trade is what makes him Obama’s favorite capitalist.  Immelt is the very model of a crony capitalist-that is, someone who wants to get government subsidies and use government mandates and twist government regulations to benefit his business.  Although he’s been a bust as a corporate executive, he’s a shrewd political operator who has put GE front and center at the federal government trough.

Across the States

West Virginia

Hundreds of West Virginians on Thursday protested the EPA’s decision to veto the U.S. Army Corps of Engineers Clean Water Act for the Spruce No 1 surface coal mine in Logan County. As the Cooler Heads Digest Reported last week, the EPA is blocking the mine, which would have created 250 well-paying jobs, in order to protect a short-lived insect that isn’t even an endangered species. Acting Governor Earl Ray Tomblin (D) told the crowd that, “What the EPA has done is fundamentally wrong.” Hear, hear.

California

The Wall Street Journal reported this week that California’s aggressive program to subsidize energy-efficient light bulbs is far less effective than was promised. The Golden State has spent more than $500 million to subsidize compact fluorescent bulbs, but according to Pacific Gas &Electric, one of the three major investor owned utilities in California, its program saved 73% less than originally projected.

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

President Barack Obama frequently has cited the supposed success of the Spanish solar power market in order to justify the scores of billions of dollars of taxpayer money that his administration has given to the U.S. renewable energy industry. The President might want to rethink this allusion. A report last week estimates that the Spanish solar industry has lost more than 30,000 jobs since 2008, due to the rollback of solar subsidies.