Will the Supreme Court permit EPA climate fraud?

  • Supreme Court Building 2

The U.S. Supreme Court recently heard oral arguments in Utility Air Regulatory Group v. Environmental Protection Agency. The case will determine how far EPA can extend its regulatory overreach, to control “climate changing” carbon dioxide from power plants and other facilities – by ignoring the Constitution’s “separation of powers” provisions, rewriting clear language in the Clean Air Act, and disregarding laws that require the agency to consider both the costs and benefits of its regulations and what it is regulating.

Put more bluntly, the Court will decide whether EPA may deceive and defraud the American people, by implementing regulations that have no basis in honest science and will be ruinous to our economy. It is the most important energy, economic and environmental case to come before the Court it in decades.

Suppose a used car dealership routinely rolled back speedometer mileage, deleted customer complaints from its website, posted fabricated compliments, and lied about defects and accidents, to sell more cars. Or a manufacturer misstated its sales and bottom line, failed to mention major safety violations and fines, and made false claims about new product lines, to attract investors and inflate stock prices?

Both would be indicted for fraud. Now apply the same standards to EPA, whose actions and regulations will affect far more people: virtually every family, facility, company and community in the United States. Jurors would likely rule that the agency is engaged in systematic, purposeful deceit, dishonesty and fraud.

EPA Administrator Gina McCarthy insists there is “no more urgent threat to public health than climate change.” She is determined to impose President Obama’s anti-hydrocarbon agenda. “I just look at what the climate scientists tell me,” McCarthy told Senator Jeff Sessions (R-AL). Translated, she means she talks only to those who advocate climate alarmism, and ignores all contrary scientists and evidence.

In fact, thousands of scientists and studies argue that there is no empirical, observational evidence to support any of her claims. Recent NOAA and NASA temperature data confirm that global warming ended in 1997 and continues today, even as atmospheric carbon dioxide levels increase steadily, improving plant growth worldwide. Seas are rising at barely seven inches per century, and there is no evidence that recent weather events are any more frequent, intense or “dangerous” than what mankind has dealt with forever.

There is no convincing evidence that carbon dioxide emissions have replaced the powerful, complex, interrelated natural forces that have always driven climate and weather changes. No evidence supports the notion that slashing CO2 emissions and trashing our economy will “stabilize” global temperatures and climate variations, or that developing countries will stop pouring carbon dioxide into the atmosphere.

EPA brushes all this aside, just as crooked car dealers and manufacturers obfuscate the truth to sell their shoddy products. The agency just assumes and asserts human causes and disastrous results, disregards any and all experts and evidence to the contrary, and ignores any and all costs imposed by its regulations.

It has also violated the Constitution, by rewriting specific Clean Air Act provisions that specify 250-ton-per-year emission limits, in sections that EPA is relying on for its climate rulemakings. To shut down coal-fired power plants, the agency illegally and arbitrarily raised the threshold to 100,000 tons of carbon dioxide per year, and ignored the fact that in 692 bills Congress never contemplated applying these sections to greenhouse gases. Unless the Supreme Court intervenes, EPA will continue rewriting the law, gradually tightening its standards to control millions of natural gas generators, refineries, factories, paper mills, shopping malls, apartment and office buildings, hospitals, schools and even large homes.

EPA and other agencies have paid out billions in taxpayer dollars to finance and hype “research” making ludicrous claims that manmade global warming is hidden in really deep ocean waters or obscured by pine tree vapors; tens of thousands of offshore wind turbines could weaken hurricanes; and climate change will cause more rapes and murders. They have used “climate disruption” claims to justify giving eco-activist groups billions of taxpayer dollars to promote alarmist climate propaganda … spending tens of billions on crony-corporatist “green energy” and “climate resilience” programs … and forcing the United States and other nations to spend hundreds of billions on worthless climate change prevention capers.

EPA’s so-called “science” is intolerable “secret science.” The agency refuses to share it with outside experts or even members of Congress and businesses impacted by its regulations. The agency claims this taxpayer-funded information is somehow “proprietary,” even though it is being used to justify onerous regulations that dictate and impair our lives, livelihoods, liberties, living standards and life spans. EPA refuses to be transparent because it wants to prevent any examination of its internal machinations.

Just as bad, EPA routinely ignores its own scientific standards, and many climate reports it relies on come straight from the UN’s Intergovernmental Panel on Climate Change. However, as the Committee For A Constructive Tomorrow observed in its amicus curiae brief to the Supreme Court in this case, the IPCC has been caught red-handed presenting student papers, activist press releases and emailed conjecture as “peer-reviewed expert reports.” It has been caught deleting graphs that clearly show its computer models were worthless, and employing junk models like the one that generated Michael Mann’s infamous “hockey stick” to support assertions that it is 95% certain that humans are causing climate change chaos.

These computer models are built on unproven alarmist assumptions, have never been “validated” and are not merely “unverifiable.” They are flat-out contradicted by real-world evidence right outside the EPA windows, making their results worthless for sound, legitimate public policy. Any yet they drive policy.

In violation of federal laws and executive orders, EPA hypothesizes, concocts or exaggerates almost every conceivable carbon “cost” – to agriculture, forestry, water resources, coastal cities, human health and disease, ecosystems and wildlife. But it completely ignores even the most obvious and enormous benefits of using fossil fuels and emitting plant-fertilizing carbon dioxide: affordable heat and electricity, jobs, transportation, better crop growth and nutrition, and improved living standards, health and welfare.

In reality, hydrocarbon and carbon dioxide benefits outweigh their alleged costs by as much as 500 to 1! That means EPA’s “climate change mitigation” rules impose costs on society that exceed even EPA’s exaggerated regulatory benefits by as much as 500 to 1. The EPA “cure” is far worse than the “disease.”

And let’s not forget that one of Ms. McCarthy’s senior advisors devising the agency’s climate change policies and regulations was none other than John Beale – the guy who bilked us taxpayers out of $1 million in salary and travel expenses for his mythical second job as a CIA agent. To suppose his fraudulent actions did not extend to his official EPA duties defies belief. And yet EPA has apparently taken no steps to reexamine Beale’s analyses or conclusions.

EPA has done all of this knowingly, deliberately, with full knowledge of the grossly deficient foundations of its pseudo-science and policies – to drive an anti-hydrocarbon agenda, without regard for the consequences that agenda will inflict on millions of Americans and billions of people worldwide.

This goes beyond mere sloppiness or incompetence. It is dishonest. It violates the law. According to standards applicable to every citizen and business in the land, it is fraudulent. And while ObamaCare affects one-sixth of economy, by controlling the energy that powers our homes, cars, businesses and nation, EPA’s carbon and carbon dioxide policies will control and impair 100% of our economy, wipe out tens of millions of jobs, and kill thousands of people – for no health or environmental benefits.

The real threat to public health and welfare is not climate change. It is EPA and what this rogue agency is doing in the name of preventing climate change. If the Supreme Court allows this, by giving carte blanche authority to EPA, the battle will rage on countless other fronts, because voters are sick and tired of being lied to, manipulated, defrauded, and forced to pay outrageous prices for oppressive regulations.

Democrats say they plan to use climate change to attack Republicans in 2014. I say, Bring it on!

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About the Author: Paul Driessen

Paul Driessen

Paul Driessen is senior policy adviser for the Committee For A Constructive Tomorrow (CFACT), which is sponsoring the All Pain No Gain petition against global-warming hype. He also is a senior policy adviser to the Congress of Racial Equality and author of Eco-Imperialism: Green Power - Black Death.

  • jameshrust

    Great story. The country must be sure the Supreme Court returns running the country back to Congress–if it makes mistakes, at least it was elected by the people and you can throw the bums out.

    Operations of the EPA can be compared to the old pre-20th century medical procedure of bloodletting–patients not cured and many die. A detailed accounting of the failed climate science is found at .

    James H. Rust, Professor

  • Eckenhuijsen Smit

    It is not only EPA Administrator Gina McCarthy, but as well the arrogant narcist stupid and destructive clown Barry Hussein Obama and his ilk who are sustaining the “CO2 is a dangerous gas” hoax/swindle.
    The Obama addicted “brilliant” Kerry even instructed the US diplomatic services worldwide to push the CO2 “menace”!
    I hope for the millions of good people in the US that the Judges of the Supreme Court will be intelligent and wise enough to make their verdict prevail according to your, mine and millions of other conscious people’s convictions.

  • http://CoSy.com/ Bob Armstrong

    I used to feel my father was over the top considering the State a criminal enterprise .

  • uptohere

    Did they forget the background check when they hired John Beale?

    • ninetyninepct

      No, I’m sure they did the background check. They found he is an experienced scam artist and thought he would be an asset to their own scams. Just a thought – when the EPA comes out with these ridiculous decisions and “laws”, why do we not hear the names of the people that are involved?

  • jameshrust

    Vacationing in Florida, it hit me that society always provides mitigation against climate changes as time progresses. This is done continuously without great cost. Home construction in Florida requires hurricane anchors to make it more difficult for homes to be torn apart by hurricanes. Hurricane frequency is the same, or maybe a little less frequent and powerful the past few decades,; but new buildings are increasingly safer. The same analogy would apply to other climate problems like tornadoes or sea level rise.
    Thus continuous mitigation against potential acts of nature don’t cost too much and are done as a normal lifestyle due to our more astute technological society. We are preparing for these events even if the global warming scare did not exist. If global warming was a problem, the country is prepared. This makes it even more ridiculous to sacrifice our health and prosperity for a future predicted by global warming alarmists.
    James H. Rust, Professor

  • mrsgunnut10

    If I remember right, when I was in Science Class way back in the Late 1940′s, we humans breathed in Oxygen and expelled Carbon Dioxide, which was “NORMAL” for ALL breathing Humans and/or Animals. Maybe the EPA idiots are a different type of living, breathing, what-evers that are causing the Climate to change ALL BY THEMSELVES ( Aliens from another Planet maybe) !!!!! If the Judges from the Supreme Court, of these United States, have any “spine or back bone at all ” will rule for the American Tax Paying Citizens and against the EPA, who, evidently, think they are God’s gift to us lowly Citizens. Thank you for your time. TSgt., USAF Retired.

  • ninetyninepct

    If coal power is as bad as the EPA and IPCC claim, why don’t the utilities involved get together and stop generating power for “maintenance”, all at the same time, for two days. Surely the White House, the IPCC and the EPA can get along using solar and wind power without using their diesel powered emergency backup generators. At least then we won’t have to listen to obama’s B$ here in Canada for a while. Why does obama seem to want to destroy the USA like the Taliban want to?

  • Allen Barclay Allen

    Cut off the EPA’s funding as a process to rein them in. Explain to them if the IRS mission changes because of a two thirds Majority in the House and the Senate it doesn’t matter what the President will or will not sign. Their out of a job real EPA laws can be enforced by Class action lawsuit the way our Constitution works. Class action lawsuit solved all of the big cases any way over the years. You see We The People never needed the EPA any way we have lawsuit’s that can take care of anything there the Court system we need to take care of. So EPA start benefiting our business manufacturing or be dissolved. EPA start using your civil service discretion of not having to obey an illegal order or regulation not backed from Congress or We The People will get rid of you easily in this political atmosphere the ides of March are upon us and serious change is on the horizon. EPA if you continue to disrupt our industries I guarantee there will be a witch hunt much worse then the Spanish Inquisition. We never needed you in the first place EPA.

  • Ame

    We breath out carbon dioxide, are they going to ban that too?

  • Allen Barclay Allen

    Climate fraud? Seas are not rising King Henry 8th’s Chastel proves it !!!!!

    Craig Rucker, Ann Coulter, This is not true! In fact, thousands of scientists and studies argue that there is no empirical, observational evidence to support any of her claims. Recent NOAA and NASA temperature data confirm that global warming ended in 1997 and continues today, even as atmospheric carbon dioxide levels increase steadily, improving plant growth worldwide. Seas are rising at barely seven inches per century, and there is no evidence that recent weather events are any more frequent, intense or “dangerous” than what mankind has dealt with forever.

    The more ice on the ocean the higher the water history proves it.

    Vice President Joe Biden is trying to connect the dots of Global warming to Republicans with the rising of the oceans. Not going to do it not on my watch. Democrats know very little about finance why would expect them to understand science. King Henry The 8th 28 June 1491 – 28 January 1547, built a castle on the cost of Southern England Southsea Castle 1544 during a mini ice age. 1544 would have been at the peak of the ice age with the most sea ice causing the water to rise in europe of the times. While it was not a true ice age, the term was introduced into the scientific literature by François E. Matthes in 1939.[2] It has been conventionally defined as a period extending from the sixteenth to the nineteenth centuries,[3][4][5] or alternatively, from about 1350 to about 1850. They have recently found the plans and on the plans it was built right on the water within 6-9 feet. The same castel today is 120 feet from the water.The water has receded since then as well as polar ice. During a ice age or a period of massive ice covering the ocean the sea is higher because Ice is expanded water, ice floats because ice displaces more water than water and when the ice caps are much larger than today they raise the sea level. History proves it. Tell Joe Biden to read Chicken little over again. Sea’s oceans have retreated since then so has the water. King Henry 8th’s Chastel is proof.

  • Eckenhuijsen Smit

    ×
    The arrogant narcist stupid and destructive clown Barry Hussein Obama already before his illegal election said that he wanted to destroy the US!!!!
    ninetyninepct

  • Lou

    We are doomed these lies have been told for so long and so often even smart people are starting to feed into them. It’s all a crock of crap being spoon fed to the American citizens. They’ve run out of legit excuses to rob us….not they run on lies.

  • Richard

    Under the APA of 1946 Congress MANDATED that all agencies MUST publish Notice & Comment for all of US slaves to see how the agency is going to inforce (Substantive Rule) which is the only rule that has the force and effect of law that effect the public. See title 5 USC 553 b,c,d, 5 USC 552 a(1). 1 CFR 21.40, 41,& 43. If it is not published in the Table of Contents it has no force & effect of law. If bypassed for Just Case it must be addressed later in a timely manner. Please made notice & comment at Regulation.gov.