Letter to the Editor - by CB
Last year I described how the U.S. Supreme Court (five scientifically clueless lawyers assenting) made the purely scientific decision that the EPA must treat CO2 and other Greenhouse Gases (GHGs), as “pollutants” and then carryout an analysis to determine whether the increasing concentrations in atmospheric CO2 may reasonably be anticipated to endanger human health and welfare. One of the dissenting justices commented brilliantly that: “Regulating CO2 as a pollutant makes about as much sense as regulating Frisbees as a pollutant.” And how did this super-critical economy destroying scientific decision come into the purview of the United States Supreme Court? The ultra-leftist state of Massachusetts had sued the EPA for an alleged future injury:
“The State of Massachusetts would in the future lose land due to the catastrophic rising of the sea resulting from anthropogenic global warming.” So an ultimately loony, frivolous lawsuit is the “smoking gun” evidence for the birth of this devastating EPA insanity.
The Court did not mandate regulation; rather it mandated that EPA go through an Endangerment Finding process. The EPA did perform a ridiculously bogus scientific analysis and published its ruling in December 2009 that CO2 must be regulated by the government as a pollutant. This EPA finding and associated rulings were immediately challenged in the DC Circuit Court and the DC Circuit Court ruled on June 26, 2012 in favor of the EPA. (More scientifically clueless lawyers making incorrect scientific decisions.)
Two things stood in the way of Obama’s plan to use the EPA to destroy the economy:
Dr. Allan Carlin (scientist employed 35 years by the EPA) submitted his 98 page technical review report on the draft Technical Support Document for Endangerment (TSD) on March 9, 2009. In that report Dr. Carlin strongly criticized the TSD for its dependence on the Fourth Assessment Report of the IPCC which had been so totally debunked. Obama cleverly removed this obstacle by having EPA Director Lisa Jackson fire Dr. Carlin after 35 years of service.
The EPA’s own Inspector General issued a report critical of how the EPA conducts “science” and reaches its already-determined “findings.” In that report the inspector general found that the EPA failed to follow the Data Quality Act and its own peer review process when it issued the determination that greenhouse gases cause harm to “public health and welfare.” The IG report recommends that “the EPA revise its assessment factors guidance to establish minimum review and documentation requirements for assessing and accepting data from other organizations.” (ie. IPCC) This IG report was essentially ignored and subsequently closed out by the issuance of a “white wash” acknowledgement letter which vaguely promised future compliance.
So armed to the teeth with his own uncontrolled weapon of mass economic destruction, the EPA, Obama is once again babbling the idiocy about saving the planet for our children by killing all aspects of the fossil fuel industry including the total destruction of the U.S. coal industry, stopping the Keystone pipeline project, and massive inhibitive moves against utilization of our abundant oil shale resources.
CERTIORARI, OUR LAST HOPE
It is recognized that this hideous economic atrocity is justified by a group of brilliant lawyers in the DC Circuit and Supreme Courts (all of whom have zero background in science.) A group of eminent climate scientists known as the Amici curiae has filed on April 19, 2013 a petition for writ of certiorari in the U.S. Supreme Court. (a writ issuing from a superior court calling up the record of a proceeding in an inferior court for review.) The petition says the following:
Amici curiae are well qualified climate scientists. Amici include respected professors and scientists who have worked for government agencies, universities, and businesses. These highly regarded scientists have expertise in a wide array of fields implicated by this rulemaking, including climate research, weather modeling, physics, geology, statistical analysis, and engineering. They have many publications in peer-reviewed journals and are respected in their fields of expertise by their peers.
Amici wish to present to this Court scientific data that bear directly on the underlying rulemaking. Specifically, amici submit that EPA’s finding of human-caused global warming is not supported by the evidentiary record that was before EPA.
“Amici believe that no scientists have devised an empirically validated theory proving that higher atmospheric CO2 levels will lead to higher Global Average Surface Temperature, (GAST). Moreover, if the causal link between higher atmospheric CO2 concentrations and higher GAST is broken by invalidating each of EPA’s three lines of evidence, then EPA’s assertions that higher CO2 concentrations also cause sea-level increases and more frequent and severe storms, floods, and droughts are also disproved. Such causality assertions require a validated theory that higher atmospheric CO2 concentrations cause increases in GAST. Lacking such a validated theory, EPA’s conclusions cannot stand. In science, credible empirical data always trumps proposed theories, even if those theories are claimed to (or actually do) represent the current consensus.”
“In short, EPA’s process was far less rigorous than it should and could have been. And the court of appeals erred in failing to recognize the deficiencies in it.”
“For these reasons, and those discussed more fully in the petitions, amici urge the Court to grant the petitions for a writ of certiorari.”
(On June 6, 2013 the court ordered further extension of the time to file response to petition to and including July 22, 2013, for all respondents.)
With the Supreme court experiencing extreme pressures and intimidation from the Obama administration it is most likely that the petition will be denied, allowing the EPA to continue its evil campaign to destroy our economy. Many economists agree that the damage incurred by Obama and his EPA through 2016 would take decades to repair if at all possible.
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