Inside EPA’s Dawn Reeves reports this afternoon that EPA tomorrow will publish in the Federal Register a proposal of the agency’s signature climate policy, the Carbon Pollution Standard. To much fanfare, EPA Administrator Gina McCarthy last September 20 unveiled a pre-publication version of the proposal, but the measure takes affect only after it’s been published in the Federal Register. It remains unknown why the rule was held up for an unusually long three and a half month delay, but last week I speculated that the agency was having difficulty adopting a legal justification for its proposed determination that all new coal-fired power plants must install carbon capture and sequestration (CCS). In order for the Carbon Pollution Standard to pass judicial review, CCS technology must be “commercially viable.” As I’ve written repeatedly, legal precedent together with market realities strongly indicate that CCS has not been adequately demonstrated, and is, therefore, an impermissible basis for the proposed regulation.

I’ve not yet had the time to read the final proposal, a copy of which is available here, but InsideEPA’s Reeves reports that it has not changed significantly from the pre-publication version. Instead, sources tell Reeves that the agency has bolstered its explanation that CCS is (supposedly) commercially viable in supporting documentation, which isn’t yet publicly available. That material should be posted online tomorrow, at which time I’ll pour over it and report back to you. Stay tuned!

The New Yorker’s humorist Andy Borowitz has penned a pugilistic piece of satire, about all the people who’ve been punched out because they remarked in public that the freezing cold temperatures currently gripping much of the nation are incongruent with global warming. Hilarious! Read the short, smug note here.

Presumably, Borowitz’s antipathy for “deniers” in this instance is based on their having mistaken weather for climate. Indeed, it’s a common error. Consider, for example:

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Post image for UK Fuel Poverty: Green Energy Policies Partly to Blame

Today’s Climatewire (subscription required) reports that in the UK last year, “more than 30,000 winter deaths were thought to be caused by fuel poverty, up by a third from the previous year, according to the Office for National Statistics.”

What makes fuel poverty deadly? “Poor heating and a lack of insulation are known to increase the likelihood of strokes in the elderly and to exacerbate asthma and rheumatic disease in all age groups,” explains Climatewire correspondent Erica Rex.

Until last month, UK law defined fuel poverty as a household that spends more than 10% of its income “to maintain an adequate level of warmth.” The law now defines it as “above average fuel costs” that leave households with “a residual income below the official poverty line.” That seems obfuscatory. Implicitly excluded from the revised definition are households that can’t afford to heat their homes because of high average fuel costs.

As Rex notes, the redefinition instantly reduced the official tally of fuel poor in the UK from 3.2 million to 2.4 million, or from 15% to 11%. The reclassification does not mitigate the hardship of people like “Gemma,” a single mother of three interviewed for the article, who skips meals “just to keep the heating on.”

Regardless of how fuel poverty is defined, the issue is heating up, partly because Britain is facing the worst winter in 60 years, but also because government policies mandate increasing reliance on renewable energy.

According to Department of Energy and Climate Change figures, so-called green policies account for “only” 10% of the UK heating bill. On the other hand, DECC projects those policies to increase electricity prices 33% by 2020 and 41% by 2030.

Although commonly associated with the UK and Ireland, fuel poverty is more pervasive. The map below shows the percentage of European households that cannot afford to keep their homes adequately warm.

eu-inability-to-heat-home-map-031013

Source: EU Statistics on Income and Living Conditions (EU SILC) [click to continue…]

Post image for Social Cost of Carbon: DOE Rejects Petition to Reconsider Microwave Rule

On Christmas eve, the Department of Energy (DOE) rejected the Landmark Legal Foundation’s petition to reconsider the agency’s final rule establishing first-ever energy-efficiency standards for microwave ovens.

LLF argues that the rule violates the Administrative Procedure Act, the federal law governing how agencies develop and adopt regulations. The final rule’s cost-benefit analysis incorporates the Obama administration’s revised (higher) 2013 social cost of carbon (SCC) estimates. Those estimates were not in the proposed rule, so the public had no opportunity to comment on them. In addition, LLF warns, with this “unilateral change,” all agency cost-benefit analyses “will be drastically affected,” potentially influencing administration policy on “everything from power plants to the Keystone XL pipeline.”

Whether or not the microwave rule itself has such wide-ranging implications, SCC analysis is a potent weapon in the war on coal and other fossil fuels. As a pretext for expanding government control of the economy, redistributing wealth, and rigging energy markets, nothing beats the social cost of carbon.

The SCC is an estimate of damages allegedly inflicted on society by a ton of carbon dioxide (CO2) emissions in a given year. Ratchet up carbon’s estimated social cost by about 50%, as the administration did in 2013, and every mandated or proposed reduction in CO2 emissions suddenly appears to be 50% more valuable — i.e., 50% less costly. This is a critical political asset, notes Cato Institute scholar Chip Kappenberger, “as costs are often the greatest barrier to approval.”

DOE’s argument for rejecting the LLF petition may be summarized as follows: [click to continue…]

Post image for John McLaughlin on Global Warming: “Enough Already Award of 2013”

John McLaughlin, the eponymous host of the wonderful roundtable show The McLaughlin Group, gave global warming alarmism both barrels during last week’s broadcast, much to the delight of this regular viewer. The occasion was the 32nd annual McLaughlin Group year-end awards, 2013, part one.

The first salvo came during a segment given to the “most original thinker award of 2013.” The American Conservative’s Pat Buchanan gave this to Peter Higgs; Newsweek’s Eleanor Clift awarded Jeff Bezos; U.S. World & Report’s Mort Zuckerman recognized Pope Francis; and the Chicago Sun Times’s Clarence Page identified Google’s driver-free cars as the recipient of his most original thinker award of 2013. Finally it was John McLaughlin’s turn, and here’s what he said:

The most original thinker is Michael Fumento, an investigative writer and attorney living in Colombia. Fumento has painstakingly documented the unfulfilled and erroneous predictions of climate-change computer models. Now a growing list of scientists reject the so-called consensus that manmade climate change is real. Fumento’s patient debunking of the prevailing orthodoxy makes him the most original thinker of 2013.

Presumably, McLaughlin based this award on Fumento’s recent NY Post op-ed, Global Warming Proof Is Evaporating.

The second shot came shortly thereafter, during the “enough already award for 2013” segment. Buchanan chose Alec Baldwin; Clift went with the Tea Party; Zuckerman identified the Kardashian brood; and Page selected Anthony Weiner. On his turn, McLaughlin said,

The enough, already award goes to global warming, the theory that now masquerades under the pseudonym of climate change. Even its most honest supporters now admit that there has been no increase in the earth’s surface temperatures for 15 years. It’s time to admit the theory is flawed.

Hear, hear!

Watch the whole video below.

Post image for Is OIRA Taking EPA to the Woodshed over Carbon Pollution Standard?

Today marks three months and ten days since EPA transmitted the proposed Carbon Pollution Standard, a regulation that would effectively ban coal-fired power plants, to the Office of Information and Regulatory Affairs (OIRA) for review. The unusual delay suggests that EPA’s signature climate policy is enduring the bureaucratic equivalent of a spanking. And if OIRA indeed is taking EPA to the woodshed over the agency’s flawed Carbon Pollution Standard, there’s a distinct possibility that the rule might change significantly when it is (finally) published in the Federal Register.

OIRA was created by the Congress with the enactment of the Paperwork Reduction Act in 1980. At the time, the American public was wary of intrusive government regulations. This widespread sentiment (best captured by pop culture in the form of Walter Peck, pictured left) was in part a natural reaction to stagflation, but a decade’s experience of the Great Society getting mugged by reality also played a big role. In this political context, OIRA’s broad mandate was help alleviate the paperwork burdens imposed by the federal regulatory state on American businesses and private individuals.

In 1981, President Ronald Reagan substantially increased OIRA’s authority with the promulgation of Executive Order 12291, which required that federal agencies submit their proposed and final regulations to OIRA for review. Thus, OIRA became a primary means by which the President could affect regulatory policy. President Clinton updated the terms of OIRA’s regulatory review in 1993 with the issuance of Executive Order 12866. The two Orders did not engender materially different procedures.

The exact authority exerted by OIRA’s regulatory review is somewhat murky. OIRA’s mandate, according to its authorizing executive order, is to review “significant” agency regulations, in order to ensure that they are consistent with the “applicable law” and “the President’s priorities.” The Office’s power is limited to returning flawed regulations to agencies, which must then reformulate the measures, presumably to better comport with “applicable law” and “the President’s priorities.” Yet Congress usually delegates regulatory authority to specific agencies, not to a certain agency AND the Office of Information and Regulatory Affairs. A Congressional delegation of rule-making authority is not akin to a “plus one” party invitation that affords the White House the opportunity to add a second rule-maker to an existing regulatory regime. It follows that if OIRA’s input were to alter the substance of a regulation, which it almost certainly does, such influence would likely be an impermissible encroachment on the exclusive regulatory power delegated to the agency in question. Nonetheless, the legal authority of OIRA’s regulatory reviews remains unclear, due to the simple fact that OIRA’s input is shrouded in secrecy. Rare is the instance when OIRA’s draft comments during regulatory review are leaked to the public. Even in the case when OIRA’s input becomes public knowledge, it’s still extremely difficult, if not impossible, to prove that OIRA’s unduly influenced the rule. (A regulatory agency must be afforded the discretion to speak for itself, so as long as the agency head does what the White House asks, there’s no way to prove that OIRA was the cause of any aspect of a final rule).

Putting aside for a moment OIRA’s utter lack of transparency, there is ample reason to believe that OIRA is scrutinizing EPA’s proposed Carbon Pollution Standard.

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Post image for Supreme Court Global Warming Case: Does EPA Permitting of Greenhouse Gases ‘Deform’ the Statute?

In Utility Air Regulatory Group v. EPA, seven parties are petitioning the Supreme Court to overturn the EPA’s regulation of greenhouse gas emissions from stationary sources through the Clean Air Act’s prevention of significant deterioration (PSD) preconstruction permit program and Title V operating permit program.

The sole question before the Court is:

Whether EPA permissibly determined [in its April 2010 Timing Rule] that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases.

UARG v. EPA is a very big deal. Congress has never enacted a bill to regulate greenhouse gases from stationary sources, and it’s far from certain courts will uphold the EPA’s proposed “carbon pollution rule” to regulate just one type of stationary source — electric power plants. Yet the Timing Rule extends regulatory requirements to potentially all “major” greenhouse gas emitters of whatever type or description, throughout the entire economy, in one fell swoop.

The Timing Rule codifies the EPA’s legal theory that regulation of any air pollutant under any part of the Clean Air Act automatically makes major sources of that pollutant “subject to regulation” under PSD and Title V. Thus, according to the Timing Rule, major sources of carbon dioxide (CO2), the chief anthropogenic greenhouse gas, became subject to regulation on Jan. 2, 2011, the day the EPA’s greenhouse gas Tailpipe Rule took effect.

As even the EPA acknowledges, however, the Timing Rule leads straight to absurd results, because CO2 is emitted in much greater quantities and by many more sources than any pollutant that can cause “significant deterioration” of air quality.

The Clean Air Act defines “major” source as one with the potential to emit 250 tons per year of an air pollutant (PSD) or 100 tons per year (Title V). Only large industrial facilities emit air quality contaminants in those quantities. In contrast, upwards of 1 million small entities, including office buildings, churches, hospitals, schools, and commercial restaurants, combust enough heating oil or natural gas to emit 250 tons of CO2 annually. An estimated 6.1 million small entities, including some large single-family residences, emit 100 tons of CO2 annually.

The regulatory results of the Timing Rule are absurd in two main ways:

  1. Regulation of myriad small “major” sources conflicts with Congress’s intent to exclude non-industrial facilities from PSD and Title V regulation.
  2. Expanding by orders of magnitude the number of PSD/Title V-regulated sources would overwhelm permitting agencies’ administrative resources, causing ever-growing bottlenecks and delays that cripple environmental enforcement and economic development alike.

Rather than draw the obvious conclusion that Congress never intended for the EPA to apply PSD and Title V to greenhouse gases, the agency in June 2010 issued a Tailoring Rule, which effectively rewrites the statutory definitions of “major” source so that only facilities emitting 100,000 tons of greenhouse gases will be subject to regulation. The Tailoring Rule is itself an absurd solution, however, because agencies have no power under the U.S. Constitution to amend statutes.

All seven petitioner groups in UARG v. EPA argue that the Timing Rule conflicts with congressional intent. However, the brief submitted by the Energy Intensive Manufacturers Working Group on Greenhouse Gas Regulation and the Glass Packaging Institute catalogues several ways in which the Timing Rule ‘deforms’ the permitting provisions. I found much of this discussion new and compelling.

Excerpts from the brief follow.

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Post image for WUWT Launches Tornado Reference Page

The indefatigable Anthony Watts this week launched a Tornado Reference Page on WattsUpWithThat.Com (WUWT).

Further rebutting the “worse than we thought” mantra of the climate doomsters, Watts posts a graph from NOAA’s Storm Prediction Center:

Tornado  US Inflation Adjusted Annual Trend and Percentile Rating, Dec 22, 2013

The figure compares the 2013 tornado count as of Dec. 22 with those of the previous mininum and maximum years in the 58-year record from 1954 through 2012. As Watts observes, “the current tornado count of 790 for 2013 is 154 tornadoes below the historical minimum of 944, 497 tornadoes below the 50th percentile of 1287 and 1089 tornadoes below the historical maximum 1879.”

The data in the graph are “inflation-adjusted,” NASA explains, to offset “the increase in tornado reports over the last 54 years [that] is almost entirely due to secular trends such as population increase, increased tornado awareness, and more robust and advanced reporting networks.”

Even without inflation-adjustment, the preliminary tornado count “for 2013 year to date is 934, which is 544 tornadoes below the 2005 – 2012 average of 1478 and 134 tornadoes below the 2012 low of 1068 tornadoes,” Watts comments.

One might argue that U.S. tornado data may not show a link to global climate change because the U.S. comprises only 6.6% of the world’s land mass. However, if such a link exists, it ought to be discernible in the U.S. tornado record. As Watts points out, the U.S. “experiences approximately 75% of all the world’s tornados.”

The latter fact prompted one commenter to write:

You mean to say, that with only 5% of the world’s population, the United States consumes 75% of the world’s tornadoes? This over consumption of the Earth’s resources by the US, and particularly its unsustainable middle class lifestyle, has got to stop.
 
sarc  [click to continue…]

Regardless the ongoing environmental impacts of the Fukushima Daiichi nuclear event in March 2011, which no doubt remain significant, the forced evacuation of more than a hundred thousand people in the region proximate to the power plant was an unmitigated disaster. As reported by the Wall Street Journal, there are a possible 194 excess cancers among the Fukushima population, while 1,600 persons died from the forced evacuation. That’s a terrible cost benefit ratio.

In fact, this was a policy mistake; only by government design were 130,000 people moved from their homes. To be sure, these measures were taken in the grip of hysteria. But that’s the point: hysteria seemingly always carries the day when it comes to policies that pertain to nuclear radiation, not just in Japan, but everywhere.  According to Reason’s Jon Utley, “Irrational fear of radiation permeates Washington’s civil defense and nuclear regulatory guidelines.”

Utley recently wrote an informative post about the extent to which unfounded alarmism permeates U.S. nuclear policy. In it, he elaborates on the costs of this misplaced fear. He also identifies environmentalist special interests as a key conduit through which is disseminated misinformation about the dangers of radiation. Of course, it will come as no shock to readers of this blog that green groups manufacture alarm as a means of expanding their own influence (See: Warming, Global). Read Utley’s entire, excellent post here.

Post image for Obama Names John Podesta as Counselor, Will Focus on Energy and Climate

President Barack Obama on 10th December named John Podesta as counselor to the president.  Podesta has reportedly agreed to help the President in his time of troubles for a year.  The White House announced that Podesta would advise the President on a range of issues, but specifically mentioned climate and energy.

Podesta was a co-chair of the Obama-Biden transition team in 2009 and has been an unofficial but highly influential outside adviser to the Obama Administration for the past five years.  In 2003, he founded and became president of the Center for American Progress, the leftist think tank and advocacy organization that provided much of the ammunition to oppose the policies of the George W. Bush Administration.  CAP continues as a major influence on the Democratic Party in Congress and on the Obama Administration.  This fall Podesta announced that he was founding the Washington Center for Equitable Growth, which will promote share-the-wealth and other class warfare policies.

Podesta served as deputy White House chief of staff and then chief of staff from 1998 to 2001 in the Clinton Administration.  Before joining the Clinton White House, Podesta was one of then-Senator Tom Daschle’s closest advisers and served in several high level committee and leadership staff positions in the Senate.   Podesta is from Chicago.  Although I don’t know whether Podesta has ever been active in Chicago politics, he knows how politics is played in Chicago.  He is extremely able, politically shrewd, and tough.

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