Ending Obama EPA climate deception by Paul Driessen

Let’s finally review Endangerment Finding used to justify trillions in climate and energy costs

In December 2009, the Obama Environmental Protection Agency issued its Endangerment Finding (EF) – decreeing that carbon dioxide (CO2) and other “greenhouse gases” (GHGs) endanger the health and welfare of Americans. In the process, EPA ignored the incredible economic, health and welfare benefits of fossil fuels – and the fact that (even at just 0.04% of the atmosphere) carbon dioxide is the miracle molecule that enables plants to grow and makes nearly all life on Earth possible.

EPA turned CO2 into a “dangerous pollutant” and ruled that fossil fuels must be eradicated. The agency subsequently used its EF to justify tens of billions of dollars in climate research, anti-fossil fuel regulations, and wind and solar subsidies; President Obama’s signing of the Paris climate treaty; and proposals to spend trillions of dollars a year on Green New Deal (GND) programs.

And yet, despite multiple demands that this be done, there has never been any formal, public review of the EF conclusion or of the secretive process EPA employed to ensure the result of its “analysis” could only be “endangerment” – and no awkward questions or public hearings would get in the way.

Review, transparency and accountability may finally be on the way, however, in the form of potential Executive Branch actions. If they occur – and they certainly should – both are likely to find that there is no valid scientific basis for the EF, and EPA violated important federal procedural rules in rendering its predetermined EF outcome. (One could even say the EF was obtained primarily because of prosecutorial misconduct, a kangaroo court proceeding, and scientific fraud.) Failure to examine and reverse the EF would mean it hangs like Damocles’ sword over the USA, awaiting another climate-focused president.

To the consternation and outrage of climate alarmists, keep-fossil-fuels-in-the-ground radicals, and predictable politicians and pundits, President Trump may soon appoint a Presidential Committee on Climate Change, to review “dangerous manmade climate change” reports by federal agencies.

Meanwhile, the Competitive Enterprise Institute has filed a formal petition with EPA, asking that the agency stop utilizing and relying on the EF – and instead subject the finding to a proper “high level” peer review, as required by the Information Quality Act. The reasoning presented in CEI’s succinct and persuasive petition is compelling. Its main points are these.

* EPA’s Endangerment Finding and the Technical Support Document (TSD) that supposedly justifies it did not meet Information Quality Act (IQA) requirements for how the work should have been done.

* The agency’s evaluation of the then-current climate change and related science was clearly a “highly influential scientific assessment” (HISA), which triggered important IQA and OMB rules governing rulemakings that have “a potential impact of more than $500 million in any year” … or present “novel, controversial or precedent-setting” changes … or would likely raise “significant interagency interest.”

* EPA’s “Clean Power Plan” to shut down coal-fired power plants alone would cost $2.5 billion in annual compliance costs, EPA admitted. Its motor vehicle rules would cost tens of billions. The Paris agreement and GND would add trillions per year in costs to the US economy. All are based on the EF. And all were certainly controversial and generated significant interest by multiple other government agencies.

* EPA deliberately downplayed the significance of its review and decision, ignored the IQA and OMB requirements, and refused to allow citizens, independent energy, climate and health experts, or even scientific and professional societies to nominate potential reviewers or participate in the EF analysis.

* Instead, the agency utilized an entirely internal review process, designed and conducted entirely by its own federal employees. Those employees had substantial conflicts of interest, because they were reviewing their own scientific work; would be writing, implementing and enforcing regulations based on that work; and had jobs and professional status that might be affected by the outcome of their review.

[The review team even summarily dismissed one of EPA’s most senior energy and economic experts, because his probing analyses and comments “do not help the legal or policy case” for the EF decision.]

* EPA never allowed the general public or scientific, energy, health or economic experts to review its draft scientific assessment; never sponsored any public meetings; and never let its internal peer reviewers see any of the public comments that outside experts and organizations submitted to the agency.

* In fact, none of the EPA peer review panel’s questions and responses have ever been made public.

Each of these actions violated specific IQA and OMB peer review guidelines. Indeed, two years after the Endangerment Finding was issued, even EPA’s own Inspector General found that that agency had violated rules governing all of these matters. And yet even then nothing was done to correct them.

The entire Obama EPA process smells like a crooked prosecutor who framed CO2 and was determined to get a conviction. The agency built its entire case on tainted, circumstantial evidence, and testimony from agency officials who had conflicts of interest and their own reasons for wanting CO2 convicted of endangering Americans. EPA reviewers ignored or hid exculpatory evidence and colluded to prevent witnesses for the CO2 defendant from presenting any defense or cross-examining agency witnesses.

A full reexamination now is essential, and not just because the Obama EPA violated every procedural rule in the books. But because EPA ignored volumes of climate science that contradicted its preordained EF finding. Because real-world climate and weather observations consistently contradict alarmist computer models and headlines. Because science is never settled … must never be driven by ideology … and must be reevaluated when new scientific evidence is discovered – or evidence of misbehavior is uncovered.

We know far more about Earth’s climate and have far more and better data than a decade ago. But climatologists still cannot explain why our planet experienced multiple ice ages and interglacial periods, Roman and Medieval warm periods, the Little Ice Age, or Anasazi, Mayan and Dust Bowl droughts.

And yet some of them insist they can accurately predict calamitous temperatures, weather events and extinctions 10, 20, 100 years from now – based on computer models whose temperature predictions are already a degree Fahrenheit above what satellites are measuring … and that rely primarily or solely on carbon dioxide, while downplaying or ignoring fluctuations in solar energy and cosmic ray output, the reflective properties of clouds, El Niño events, ocean current shifts, and other powerful natural forces.

And then, in the face of all that uncertainty and politicized science, they demand that the United States slash or eliminate its fossil fuel use – and that the poorest nations on Earth continue to forego fossil fuel development, and instead remain wracked by joblessness, misery, disease, malnutrition and early death.

Thankfully, poor countries in Asia, Africa and Latin America are building or planning more than 2,000 coal and gas-fueled generating plants. They deserve to be freed from dictatorial carbon-colonialism and eco-manslaughter – and to become as wealthy, healthy and vibrant as modern industrialized nations that also relied on fossil fuels to develop … and are still 80% dependent on those fuels today.

But if those countries are building fossil fuel power plants, driving millions more cars and trucks, and emitting multiple times more CO2 and other GHGs than the United States – why should the USA slash or eliminate its coal, oil and natural gas? Why should we roll back our job creation, living standards, health and welfare, based on the IPCC’s junk science and EPA’s fraudulent Endangerment Finding?

For unfathomable reasons, a few White House advisors still oppose any PCCS or IQA-triggered review of the EF or junk/fraudulent science behind it. Perhaps they are too closely tied to the Deep State or invested financially or ideologically in the $2-trillion-per-year Climate-Industrial Complex. But whatever their reasons, they must be ignored in favor of science and the national interest. Let’s get the job done – now!

Write to President Trump: Ask him to appoint his Presidential Committee on Climate Science – and instruct the EPA to agree to the CEI petition and review the 2009 Endangerment Finding forthwith!

Paul Driessen is senior policy advisor for the Committee For A Constructive Tomorrow (www.CFACT.org) and author of many articles and books on energy, environmental and human rights issues.

I have posted this article at Paul Driessen's request.  I was a signer of the petition to the President in support of a Presidential Committee on Climate Change, along with the Competitive Enterprise Institute, the Heartland Institute, Heritage Action for America, CFACT, the Institute for Energy Research, Americans for Limited Government, Institute for Liberty, Caesar Rodney Institute, Ethan Allen Institute, John Locke Foundation, Rio Grande Foundation, the Mackinac Center for Public Policy and many other organizations and individuals.

EPA endangerment finding endangers USA by Dennis T. Avery

Trump must reverse EPA’s climate change “Endangerment Finding”

Nine years ago, the Obama Environmental Protection Agency issued an “Endangerment Finding.” It claimed that methane leaks from natural gas production and pipelines, and manmade carbon dioxide emissions from burning fossil fuels, cause dangerous global warming that poses an imminent danger to the health and wellbeing of Americans. However, the Finding was based on computerized climate models that couldn’t even successfully hind-cast the weather we’d had over the past century – much less forecast Earth’s climate 100 years into the future. In fact, Earth’s climate has changed frequently, often abruptly.

EPA essentially asserted that the 80% of our energy that comes from coal, oil and natural gas caused all our planet’s recent warming and any more warming is a long-term threat. Obama’s team thus bet in 2009 that Earth’s warming from 1976–98 would continue. But it didn’t. Never mind all those recent NOAA and NASA claims that 2016 was our “hottest year” ever. Satellites are our most honest indicator, and they say our planet’s temperature has risen an insignificant 0.02 degrees C (0.04 degrees F) since 1998.

That 20-year non-warming clearly shows that the models are worthless for prediction. But the Federal Appeals Court in Washington nevertheless recently cited methane emissions to block regulatory approval for a new natural gas pipeline. The ruling will encourage radical greens to keep thinking they can regulate gas and oil production and transport into oblivion. Alarmists across the country are already citing the new precedent in other cases, in effect demanding re-hearings on Trump’s entire energy plan.

If the courts decree that pipelines cause dangerous methane emissions, the U.S. will be forced to generate electricity increasingly via the infamous whimsies of wind and sunshine. But the models’ prediction of dangerously rising temperatures have proven wrong. The disparity between the models’ predictions and the thermometer readings is growing wider by the day. We should not base regulations on them.

In science, if your theory doesn’t take account of all the relevant data, you need a new theory.

Meanwhile, thousands of new coal-fired power plants are being built around the world – even in Europe. (Many Third World power plants are being built with Chinese financing.) The CO₂ from this new coal-fired power will dwarf whatever emissions the judges hope to prevent in America.

The President now risks losing the economic growth and millions of new jobs that abundant, affordable energy could and should create. Without new pipelines, our “miraculous” fracked gas will be trapped in the semideserts and mountains where the gas is found.

What danger can today’s EPA find in earth’s current 20-year non-warming? What ice-melt will that trigger? What sea level rise? World food production has just set a new record, in large part because higher CO₂ levels in the atmosphere act like fertilizer for crop plants (as well as for forests and grasslands).

Justice Neil Gorsuch’s confirmation to the Supreme Court should strongly encourage a Trump Endangerment reversal. Gorsuch stated in a 2016 opinion that the so-called Chevron Precedent is “difficult to square with the Constitution.” Chevron says courts should defer to federal judges on laws that are ambiguous. He believes it shifts too much power from Congress to unelected bureaucrats.

EPA Administrator Scott Pruitt will need to build a strong case for the reversal, however, because the Supreme Court still does not have a reliable 5–4 conservative majority. Pruitt’s current approach of setting up competing red-teams vs. blue teams must help convince Justice Kennedy that the world today looks much different from when the EPA rubberstamped the IPCC and its failed climate models.

The science was not settled in 2009; and, fortunately, the weight of evidence has since shifted importantly toward the skeptics. It starts with the still-continuing 20-year non-warming. The best “answer” the alarmists can find is that “extra” CO₂ heat is hiding in the deep ocean depths. But cold water is heavier than warm water, so the warm water would have warmed the depths on its way down. NASA’s newer and more-accurate data comes from ARGO floats that periodically dive to sample water temperatures 2100 feet below the surface. They find no hidden heat.

Moreover, Earth has been warming, erratically but persistently, since 1715. How much of this warming was due to natural cycles, and how much was man-made? Of any manmade portion, how much was due to CO2, and how much to expanding Urban Heat Islands and cutting down forests? Climate realists say CO₂ added barely one degree C; alarmists claim it will increase temperatures by up to 12 degrees C!

How did hurricanes Harvey, Irma and Maria destroy so much property with only 0.02 degrees C of warming? Britain’s wooden-ship logbooks from 1700 to 1850 confirm that there were twice as many major landfalling Caribbean hurricanes per decade during the cold Little Ice Age as during the far warmer years from 1950 to 2000. Nor has the post-1998 weather produced more frequent or intensive storms, longer droughts, or any of the other climate impacts that Obama’s EPA insisted would happen.

The simple truth is that the Pacific Decadal Oscillation has given the world a climate scare every 25 to 30 years since we got thermometers around 1850 (even though the PDO wasn’t even recognized until 1996). In 1845, the ships of Sir John Franklin’s Arctic expedition were crushed by ice. Just 64 years later, in 1909, Roald Amundsen sailed through a relatively warm, ice-free Northwest Passage. In the 1970s, we were warned urgently of a new Ice Age. And then came the “overheated” Al Gore years, 1976–1998.

The huge Pacific Ocean’s 60-year oscillation raises ocean temperatures – and thus the world’s – by 1 to 2 degrees C (1.8 to 3.6 degrees F) for about 30 years, then shifts back again for another 30 years. Every time it shifted in the past, alarmists extended the latest reading in a straight line for five or 20 years and screamed: “ Global Disaster!”  This time, the alarmists claim the non-warming isn’t real!

Today, there’s no doubt the models have predicted more than twice as much warming as we’ve observed. Given the high number of official thermometers that are located in urban areas and near airport tarmac, the models may be overpredicting by three-fold!

Another major new scientific finding also goes against the alarmists. Last year CERN (the multi-billion-dollar Institute for European Nuclear Research) told CERN Courier subscribers that all the climate models must be re-done. CERN reported that its CLOUD experiment had used its huge particle accelerator and a giant cloud chamber to demonstrate that the sun and cosmic rays are the real “mystery factors” in earth’s climate. The research supports the contention that CO₂is only a bit player.

CERN says the sun was weak during the Little Ice Age (indeed, during all the “little ice ages”). This allowed far more cosmic rays to hit our atmosphere. Those extra hits shattered millions more molecules into zillions of tiny “cloud seeds.” Each cloud seed carried an electric charge that attracted other molecules to form clumps – and gave us up to ten times as many low clouds. Earth cooled for centuries under overcast skies, as if under a giant awning. Then the sun became more active, there were fewer cosmic rays, the skies got sunnier, and Earth warmed – for centuries.

History says the Modern Warming is likely to last at least another two centuries. The Medieval Warming (350 years long) was the shortest past warming we can find. But first, CERN says, we will have to go through a 60-year Solar Sunspot Minimum that will drop Earth’s temperatures even lower than today for the next 60 years. The Minimums are another recently-recognized cycle: up to 200 years long.

How will a century of non-warming possibly endanger Americans? Trump should be eager to take on Obama’s outdated and ill-informed Endangerment Finding.

Dennis Avery is a former U.S. State Department senior analyst and co-author with astrophysicist Fred Singer of Unstoppable Global Warming: Every 1,500 Years.

My note:  The claim that CO2 has caused significant warming has not been proven empirically and rests on greatly exaggerating its effects as an infrared-active gas by violating energy conservation and the physics of thermal radiation to create phantom photon streams, minimizing the many effects of water vapor, and ignoring the temperature gradient induced by gravity.  The reason the computer climate models are so wrong is mostly because so much bad physics was input into them.  The failures to input cloud cover changes and sunspot cycles just adds to the the many problems in the computer models.