The Greenhouse Protection Racket
“Are you gonna come along quietly, or do I have to let the California Air Resources Board (CARB) muss ya up?” That was pretty much the line White House energy and environment czar Carol Browner took to obtain the auto industry’s support for first-time-ever greenhouse gas emission standards and new fuel economy standards, which the EPA and the National Highway Traffic Safety Administration (NHTSA) issued in a joint rule on April Fools’ Day.
We Don’t Need No Stinking Badges
Through the joint rule, the EPA now wields the power to determine the stringency of fuel economy standards for the auto industry. Previously — for the past three decades and more — the EPA’s role was limited to testing automakers’ compliance with fuel economy standards. How did the EPA go from second banana to top dog?
Carbon dioxide (CO2) makes up at least 94% of all greenhouse gas (GHG) emissions from motor vehicles, and there is no commercial technology to filter or capture CO2 emissions from tailpipes. Consequently, the only significant way to reduce an automobile’s GHG emissions per mile is to decrease its fuel consumption per mile, i.e., increase fuel economy. Because miles per gallon and grams of CO2 per mile are tightly correlated, the EPA can now increase the stringency of fuel economy standards by increasing the stringency of GHG emission standards. Yet Congress authorized NHTSA to regulate fuel economy, not the EPA.
Not only does the joint rule put the EPA in the fuel-economy driver’s seat, it also expands the agency’s control over “stationary sources” such as power plants and factories. By adopting GHG motor vehicle standards, the EPA has made CO2 a “regulated air pollutant” under the Clean Air Act, which in turn makes stationary sources of CO2 “subject to regulation” under the Act’s pre-construction and operating permits programs. Potentially millions of previously unregulated buildings, farms, and small businesses face new permitting requirements.
In addition, the endangerment rule that the EPA issued in December 2009 to justify regulating GHG emissions from motor vehicles also obligates the agency to issue GHG “performance standards” for numerous categories of industrial facilities.
In short, by issuing GHG emission standards for motor vehicles, the EPA positioned itself not only to determine fuel economy standards for the auto industry, but also to set climate policy for the nation. Yet the Clean Air Act provides no authority to regulate fuel economy and says nothing about greenhouse gases or global climate change. “We don’t need no stinking congressional authority” would make a fitting motto for this rogue agency.
Mum’s Da Woid
Here’s how the regulatory extortion went down.
In February 2009, EPA Administrator Lisa Jackson commenced a rulemaking to reconsider Bush EPA Administrator Stephen Johnson’s denial of California’s request for a waiver to establish its own GHG emission standards program. Because the waiver would also allow other states to adopt the California program, because GHG emission standards are mainly fuel economy standards by another name, and because automakers would have to reshuffle the mix of vehicles delivered for sale in each “California” state to achieve the same average fuel economy in those states, Jackson’s proceeding threatened to subject automakers to an inefficient, consumer-thwarting, regulatory patchwork.
In the spring of 2009, Czarina Browner conducted closed-door negotiations with automakers, CARB Chairman Mary Nichols, the United Auto Workers, and major environmental groups. Browner required participants to take a vow of silence and forbade anyone to take notes — an “apparently willful and egregious violation” of the Presidential Records Act. The outcome was an “historic agreement” whereby automakers would agree to support the joint GHG/fuel economy standards rule, and California and other states would deem compliance with the federal standards as compliance with their own.
At the same time the Browner-led negotiations were taking place, observes Rep. Darrel Issa (R-Calif.), ”the government was also engaged in bailout talks with General Motors (GM) and Chrysler,” resulting in “an ownership stake for the federal government of 61% of GM and 8% of Chrysler, respectively.” Whether Browner literally made the auto industry an offer it could not refuse, with the sweetener of financial assistance also contingent on the industry’s embrace of GHG regulation, we may never know.
This much is clear. By reconsidering California’s request for a waiver, the EPA created the threat of a regulatory patchwork, enabling the White House to offer ”protection” in the form of the joint GHG/fuel economy standards rule. The protection “fee” was the auto industry’s unquestioning support for the joint rule and its prerequisite, EPA’s endangerment rule — the regulatory proceeding in which the EPA concluded that GHG emissions endanger public health and welfare.
Thus, the Auto Alliance became the key industry lobby opposing Sen. Lisa Murkowski’s resolution to overturn the EPA’s endangerment rule. The Alliance warned that if the endangerment rule were overturned, the “historic agreement” would unravel, confronting automakers with “the alarming possibility of having to comply with multiple sets of conflicting fuel economy standards.”
That is correct, but only because EPA Administrator Jackson, reversing her predecessor’s decision, granted California the waiver to establish GHG emission standards for new motor vehicles. An obvious solution would be to overturn the waiver. After all, the Energy Policy and Conservation Act, which created the federal fuel economy program, clearly prohibits states from adopting laws or regulations ”related to fuel economy standards,” and the California motor vehicle emissions program is at least nine-tenths fuel economy regulation. By granting the waiver, the EPA effectively repealed a major provision of federal law. To reach the “historic agreement,” Team Obama had to violate the separation of powers. Of course, neither Government Motors nor any other participant in the hush-hush negations will ever fess up to that fact.
Mirage of Regulatory Certainty
The auto industry is not the only target of the greenhouse protection racket. For years, climate activists have been saying that only a legislated cap-and-trade program can end the ”regulatory uncertainty” facing electric utilities and energy-intensive manufacturers. But who created the uncertainty in first place if not the self-same advocates of cap-and-trade? If they were serious about relieving uncertainty, they would disavow their campaign to impose costly new mandates on the economy.
Businesses that lobby for cap-and-trade in the hope of obtaining regulatory certainty should read the fine print.
Consider the much-ballyhooed American Power Act, sponsored by Sens. John Kerry (D-Mass.) and Joe Lieberman (I-Conn.). It requires U.S. GHG emissions to decline 83% below 2005 levels by 2050 (p. 266), which supposedly would stabilize atmospheric concentrations at 450 parts per million (ppm) and prevent global warming from exceeding 2°C (3.6°F). However, the bill contains an escalator clause setting the stage for increases in regulatory stringency well beyond the bill’s explicit emission-reduction targets.
Specifically, Kerry-Lieberman requires the EPA to identify (a) all the climate-related risks that won’t be prevented by limiting CO2-equivalent concentrations to 450 ppm or global warming to 2°C, and (b) “alternative thresholds or targets that may more effectively limit the risks” of climate change (p. 274). Thus, the bill sets up the EPA to advocate reducing CO2-equivalent concentrations to 350 ppm — the new politically-correct “stabilization” target endorsed by Al Gore, James Hansen, the Center for Biological Diversity, and numerous other climate activists.
Nor is the Kerry-Lieberman bill’s exemption for small business all that it appears to be. Yes, the cap-and-trade program only applies to large industrial facilities — those emitting at least 25,000 metric tons per year of CO2-equivalent GHGs (p. 473). However, the bill’s “findings,” which present the “scientific” rationale for controlling GHG emissions, would empower eco-litigation groups to sue smaller entities for their alleged contribution to climate-related “injuries.” This is particularly worrisome, because state attorneys general and environmental groups are already suing CO2-emitting companies for their supposed injuries to life and property.
The findings assert that “each increment of emission … causes or contributes … to the acceleration and extent of global warming and its adverse effects,” and that, “accordingly, controlling emissions in small as well as large quantities is essential” to reduce “threats” and “injuries.” Such supposed injuries include disease, death, property damage, bad weather, business losses; harm to forests, plants, wildlife, water resources, and air quality; and — as if that list weren’t inclusive enough — “other harm” (p. 263). Under tort law, if there is an injury, there must be a remedy.
Creating even more opportunity for climate ambulance chasers, the findings go on equate risk of harm with actual harm: “the fact that some of the adverse and potentially catastrophic effects of global warming are at risk of occurring and not a certainty does not negate the harm persons suffer from actions that increase the likelihood, extent, and severity of future impacts” (p. 264). Get that? All plaintiffs will need is some remote, speculative possibility of catastrophic impacts — Al Gore would gladly provide a list — and voilà: harm has been done, injuries cry out for redress.
The Waxman-Markey bill, which the House passed in June 2009, contains the same mischievous provisions. Enact either bill, or any combination thereof, and the only certainty is that regulatory burdens will grow unpredictably.
Too Clever by Half
Last but not least, cap-and-traders sell their policy as protection from even more draconian regulation. Kerry-Lieberman, for example, would exempt stationary sources of GHG emissions from the Clean Air Act’s national ambient air quality standards (NAAQS) and hazardous air pollutants (HAPs) programs, and partly exempt them from the Act’s pre-construction and operating permits programs (pp. 619-623). Proponents warn that if Congress does not enact Kerry-Lieberman, businesses will face an era of litigation-driven, overly prescriptive, needlessly costly GHG regulation under the Clean Air Act.
Permit me to translate: “Pretty nice company you got deah, shame if sumpin’ bad waz to happen to it. Everybody needs protection. You need protection. It’s called Kerry-Lieberman.” Note the familiar pattern. The politicians and activists pushing cap-and-trade as protection from the EPA and the trial lawyers include the same folks who sued the EPA to regulate greenhouse gases in the first place, and who vilified Sen. Murkowski and others for attempting to stop the EPA.
This is all too clever by half. If cap-and-trade dies in the 111th Congress, as seems likely, the Obama administration and its allies on the Hill will take sole ownership of the compliance costs, job and GDP losses, and “absurd results“ arising from the EPA trying to pound the square peg of climate policy into the round hole of the Clean Air Act.
Democratic leaders may not recognize it yet, but they have painted themselves into a corner. They have become the Party of Endangerment — the party endangering the U.S. economy by championing the EPA’s endangerment rule, with all its cascading regulatory effects.






The fear/hysteria of CO2 has really produced some truly irrational policy decision making, even when “global” warming isn’t really happening:
http://www.c3headlines.com/2010/07/last-12-mths-ending-june-is-coldest-since-1998-us-temps-cooling-at-81f-rate-per-century.html
And now we have NOAA, which is responsible for climate research, predicting major future cooling:
http://pgosselin.wordpress.com/2010/07/08/noaa-forecasts-great-drastic-cooling
Any politician wanting to get re-elected should be challenging the administration and bureaucrats about the crazy policies that global warming hysteria has foisted on us.
I can prove beyond a reasonable doubt that approaching zero Americans believe in “global warming” (AKA: climate (hope) change).
If Obama/Gore really believed global warming, they would talk non stop about lowering speed limits to 50 and demand that Americans stop jack rabbit starts and stop racing to lights that are red.
Virtually no Americans believe it either; just look at the fuel wasting driving habits; that also fund the other sides war against us! If you believe the hurricane may kill you/your family: you leave. The driving habits prove no one believes it.
Parking habits in shopping center parking lots also prove no one believes it; who parks at the first space you comes to, which by definition is furthest from the door, and turns off the motor and walks across the parking lot? There are no environmentalists (approaching zero) in these United States;
Post the data showing the randomly selected locations where temperature and snow pack are documented for 1 million years and that will tell the tale. Select locations that meet your agenda: liars figure but figures do not lie!
Earth wobbles, sun spots, ocean currents/temperature, volcanoes, solar storms/winds et al are conveniently ignored in “true believers” data;
The congress/press are selling a scam, for profit, not seen since the middle ages; The cap and trade scam is a variation of the “indulgences scam” used, among other things, to man the crusades/get bad people to go somewhere else!
Environmentalists are invariably: “people that want others to use less energy”.
http://inthesenewtimes.com/2009/11/29/1975-endangered-atmosphere-conference-where-the-global-warming-hoax-was-born/
Please note the attendees… oh look, John Holdren
http://bit.ly/aGYiwc
US National Focal Point For United Nations Environmental Program International Referral System
The frame work for destroying American sovereignty.
Thank Nixon that great internationalist commie China lover.
The article claims carbon dioxide makes up 94% of all green house gases. That is an outright lie and people should demand facts to support such a claim. The real fact is water vapor makes up 95% of all green house gases. Water Vapor…… You know ‘evaporation’..!! Natural C02 is miniscule and man-made C02 is a small percentage of that. Don’t buy these lies folks.
LKF
Carbon dioxide (CO2) makes up at least 94% of all greenhouse gas (GHG) emissions from motor vehicles…
Read it again…it says from MOTOR VEHICLES!
LKF, gofer is exactly right. I said that CO2 makes up at least 94% of greenhouse gas emissions from motor vehicles, not 94% of all greenhouse gases. Also, why assume I told a lie rather than simply made a mistake? You mistakenly accuse me of telling a “lie.” Does that make you a “liar,” or just mistaken?
Turning the EPA loose enforcing the false doctrine of AGW is the equivalent of turning a crazed bull loose in a china shop full of Ming vases. This outfit has developed incompetence into a fine art and should be deprived of its funding.
“liar”….a change (perhaps refereshing) from the usual accusation “racist”…..
Openness and ” transparency”
Are just slogans for the campaign, you see;
Roses are red, violets are blue
Do what we say, but not what we do……
Perhaps this is overworking the issue, but about half of car exhaust is water vapor (not counting nitrogen, which mostly passes through the engine unaffected). Thus, if water vapor is considered a greenhouse gas, then it is mathematically impossible for CO2 to be 94% of the greenhouse gases in car exhaust.
Your comparison of the hyper-empowered EPA to the Mafia is all too true. These unelected regulators not only get to decide what the rules are but also can apply them selectively, leaning hard on some and easing up on others, depending on politics, ideology, or mere whim. The name of the game is POWER.
“Democratic leaders may not recognize it yet, but they have painted themselves into a corner. ”
Leaders of the Right needs to recognize that fact—and its corollaries.
Ever since January 2009, the Dems have increasingly and exponenetially acceleratedly painted themselves into the corner, and there seems to be no end. More the electorate protests and objects, MORE, and not less, they stop. This when Nov 2010 is apparently gearing up to yield them HUGE losses in Congress. Why would a few hundred of the nations worst politicians/power-seekers cavalierly, almost insolently, and often criminally, go against the very electorate they are gonna have to go begging for the votes?
Why, indeed. There is only one explanation—they are not anticipating any election coming in their way. Even if Nov happens, and dems loose bigtime, GOP can’t have veto-proof majority in Senate (it is arithmetically impossible). So obama is safe—to keep enacting his agenda through executive orders and agencies such as EPA , FCC, FEC, FTC, SEC, FAA, and SC. So what about those huge losses of Dems in Congress? They are doing it for “public good”? Yeah right.
Chances are that obama will suspend elections in the name of “National Emergency” he is arranging for by fomenting as many major disasters as he can. Iran, Russia, N Korea, the US economy, immigration meltd-down, Energy sector meltdown, not to mention Conservative anger. Even if he allows the elections to take place, ACORN (under new names) will try to steal the elections as always. Then there is Secretary of State Program. Then there is SEIU brownshirts, not mention Black Panthers and Nation of Islam. If he fails to steal elections, he will declare emergency and indefinitely suspend the elected congress to convene. He will continue the “democratic’ ( d not capital) charade as far as he can, and then drop the sword on it.
BECAUSE they have all painted themselves into a corner.
They have shown just too many of their cards to the public to be a viable political party in america after obama is through. This is their, “winner takes all” moment. They are literally fighing an existential battle. And they will not be stopped by any GOP, any Tea Party, any State Government, heck they are openly defying the Judiciary and SC rulings. How long before the Right realizes that electioneering and constitutional challenges, and protests, and ‘civil discourse’, and rallies, and all these normal means have NOT worked, and have lesser and lesser chance of EVER working with the enemy we are facing?
Democrats don’t need to know that they have painted themselves in the corner—they KNEW the exact nature of the endgame even as early as 2008.
It is we on the Right, who needs to realize Dem’s situation, and its inescapable conclusion—total dictatorship of the Left.
If you want to fight Left, you will have to fight it by IT’s (lack of) rules.
Can’t win a dual by solely wielding a book which says, “thou shalt not killth thine opponent”, because that book, the Constitution, is precisely what the adversary wants to demolish—along with you, his enemy. As Obama says, “There is no point bringing a knife to a gunfight.”
The supreme naivete and gullibility of the American populace NEVER stops amazing me …
I concur.
Correction to my previous comment: (moderator, feel free to correct it, if you wish)
Instead of
“The more the electorate protests …. the more … they stop.”
should read
“The more the electorate protests …. the more … they accelerate the painting.”
The Continuing Crash of the Goreacle
When the mighty fall, they fall with a mighty thud.
Squeaky clean Albert Arnold Gore may have more skeletons in his attic, or bats in his belfry, than your average political bear. The Savior of the Earth, who has raked in hundreds of millions of dollars with his fraudulent global warming campaign, has had his armor more than tarnished of late; it’s been shredded.
To her credit, I guess, Tipper Gore says she doesn’t believe an iota of the scandalous tale floating around her estranged hubby about his attack of horniness in Portland a few years ago with 54 year old massage therapist, Molly Hagerty who later called him “a crazed sex poodle” and “a pervert and sexual predator.”
Good grief, Al! Is that any way for an uptight hero of environmentalists to act?
Then, again, I’m sure Elizabeth Edwards thought Johnny Edwards would never play hide the salami with some videographer and become the daddy of their love child while Liz was suffering from terminal cancer.
Or maybe she did? And maybe Tipper is covering for her husband of 40 years?
In any event, Haggerty’s tale of a lustful Al . . .
(Read more at http://www.genelalor.com/blog1/?p=1786)
What’s a Mother to Do? Part One: Dealing with International Green Hypocrites
Perhaps I shoudn’t ask the question, “What’s a mother to do?” since I’m a father not a mother. However, a male colleague used to ask that question not as a query but as an expression of frustration as to what anyone can do in response to the conditions and state of the world today.
The short answer is that a mother, or father, brother, sister, uncle, aunt, cousin, can’t do very much if anything but it’s nevertheless fulfilling to speculate on what we should do under certain sets of circumstances.
Would that we average joes and josies could do things, change things, or reverse things that, in our inexpert and humble opinions, called for doing, changing, or reversing based on a long-lost American skill and capacity, the application of common sense.
“Mother’s Commonsensical Solutions” will no doubt be attacked as everything from nonsensical and simplistic to naive and stupid but asi es la vida, tough apples. Readers are invited to offer better ideas.
Mother’s Problem Number One: Dealing With International Green Hypocrites
. “China, India, Indonesia, Brazil Can’t Estimate Their Greenhouse Gas Emissions–Latest Figures Are from 1994:” http://tiny.cc/81heh
(Read more at http://www.genelalor.com/blog1/?p=1863)