Mitigation Over Litigation

Monday June 6, 2005

On Wednesday, the San Francisco District Attorney announced the creation of a new environmental justice unit within the DA’s office, stating, “Crimes against the environment are crimes against communities, people who are often poor and disenfranchised.” Yet the real purpose has little to do with the environment or the helping the poor and more to do about undermining President Bush’s environmental policies. A San Francisco Chronicle reporter attributes the creation of the unit to an environmental justice movement growing “in response to the Bush administrations rollback of Clinton presidential directives and its bid to rewrite air pollution laws with the Clear Skies initiative.” In other words, the creation of the environmental justice unit is the latest component of Democrats’ obstructionist environmental policy of litigate, litigate, litigate. Fact: Americans deserve mitigation over litigation, and obstruction by Democrats continues to impede meaningful environmental progress. The President’s Clear Skies Initiative, for example, will implement the largest power plant emissions reduction program ever, resulting in a 70% cut in sulfur dioxide (SO2), nitrogen oxides (NOx) and mercury. Clear Skies will mandate a $52 billion investment by the power sector in clean coal technologies and new pollution controls, applicable to 1,300 power plants nationwide. Furthermore, Clear Skies expands the Clear Air Act’s most successful program – the Acid Rain Program, which cut S02 emissions sooner than required by law with virtually no litigation and at less than the projected cost. Despite the significant environmental progress and results already achieved under President Bush, including a 10% reduction in air pollution, Democrats beholden to liberal special interests refuse to work in any way with the Administration on workable solutions lest they provide the President – and subsequently, the American people – a major environmental victory. The Impact of Clear Skies on Urban Communities Clear Skies will bring the majority of U.S. counties into compliance with the strict new health-based air quality standards implemented by the Bush Administration last year. This includes many major urban centers like New York City. San Francisco is already in compliance. Clear Skies will help shift development away from greenspaces and back to urban areas with existing infrastructure because of the increased regulatory certainty investors and industry will have in being able to meet the new air quality standards. With that shift and flexibility to expand operations with newer, cleaner technologies, new jobs will be leveraged in those urban areas. Clear Skies will benefit American families of low to moderate income. By maintaining a reliance on affordable clean coal, energy prices will remain stable. According to the EPA, the western region of the country would receive approximately $8.6 billion in annual health benefits from reductions in fine particle and ozone concentrations alone due to Clear Skies by 2020. Accelerated Restoration of Brownfields in Urban Communities Legislation to accelerate the restoration of abandoned industrial sites, known as brownfields, championed and signed in 2002 by President Bush is already demonstrating real results. Since the legislation was passed, nearly 1,200 brownfields have been restored – at a much faster pace than before. These urban eyesores are being cleaned and redeveloped into parks and usable workspace – presenting an economic and environmental benefit to those who live, work and play near these sites. Again, new jobs will be leveraged in these areas for the clean-up and restoration efforts as well as when new businesses occupy the redeveloped sites. The revitalization of San Francisco’s China Basin and “South of Market” area, particularly the construction of SBC (formerly Pac-Bell) Park in 2000, is a shining example of how cleaned and redeveloped industrial sites can yield tremendous benefits to an urban community.
Global warming alarmists portray a dismal future plagued by catastrophic flooding, war, terrorism, economic dislocations, droughts, crop failures, mosquito-borne diseases, and harsh weather to capture the public’s attention and to scare lawmakers into legislative action. Yet a recent study published by the Institute for the Study of Economics and the Environment at Lindenwood University dismisses the alarmists' fixation on global warming as a serious threat and dispels fears of a looming climate crisis. FACT: The study is the latest to show that both the science behind climate change and the proposed solutions sought by alarmists to stop global warming remain highly suspect. The author, Dr. Indur M. Goklany, a researcher with 30 years' experience analyzing environmental and natural resource issues, concludes: “On the basis of current evidence, it is difficult to sustain the notion that climate change is the greatest threat to public health or the environment today.” The study shows that diverting scarce resources towards feeble and ineffectual mitigation strategies such as the Kyoto treaty would hurt our abilities to respond to any future environmental challenges. According to the study, “A completely successful Kyoto Protocol, despite costing $125 billion annually, would have negligible positive effects on global agriculture production, malaria, water resources, global forest area, or costal wetlands.” The study notes that, at best, Kyoto might reduce sea level rise by 1.4 inches by 2080. Goklany concludes that spending scarce resources directly on addressing today’s urgent public health and environmental threats is the best way to counter any potential future environmental threats -- including climate change.

WWF, Greenpeace and DDT

Wednesday May 11, 2005

The World Wildlife Fund (WWF) and Greenpeace, two of the groups responsible for significantly limiting the use of DDT worldwide, shockingly now concede DDT should be used to save lives, especially in third world countries. For over four decades these very groups worked worldwide to get DDT banned, placing environmental worries over human heath. But a spokesperson for WWF recently acknowledged to a New York Times columnist what many have known for decades. “South Africa was right to use DDT,” he said. “If the alternatives to DDT aren’t working, as they weren’t in South Africa, geez, you’ve got to use it. In South Africa it prevented tens of thousands of malaria cases and saved lots of lives.” Rick Hind of Greenpeace also conceded that DDT may in fact be good: “If there’s nothing else and it’s going to save lives, we’re all for it. Nobody’s dogmatic about it.” FACT: DDT is the best and most effective means of eradicating malaria worldwide. Now, after forty years, WWF and Greenpeace - groups with staunch anti-chemical industry and anti-population agendas - grudgingly concede that DDT is indeed needed to help save millions of lives. The World Health Organization estimates that each year 300-500 million cases of malaria occur, resulting in over one million deaths annually. According to the CDC, malaria is a leading cause of death and disease worldwide, especially in developing countries. Most deaths occur in young children. For example, in Africa, a child dies from malaria every 30 seconds. Tragically, however, these deaths could have been prevented. The benefits of DDT were recognized over forty years ago following WWII when malaria was eradicated from industrialized nations. But the numbers tell a much different story in developing nations, where the use of DDT remains severely limited because of successful efforts by environmental groups. DDT is a tragic example of how politically motivated environmental groups let their own agenda get in the way of critical medical progress. Sadly, in this case the effect has been the needless loss of millions of lives.
Last year, the United States Senate embraced a spirit of bipartisanship and collaboration that delivered a quality highway bill to conference. But despite the hard work, the House and Senate were unable to reach a compromise in conference. It has been nearly 19 months since the Transportation Equity Act for the 21 Century (TEA-21) expired on September 30, 2003. The Federal-aid program has since been operating under a number of short-term extensions -- a total of six to date. The Senate needs to complete consideration of S. 732 as quickly as possible so that the Senate can get to conference with the House. The current May 31st expiration date for the highway, transit and safety programs is fast approaching. The House bill, H.R. 3, has some very significant differences from S. 732 and the conference will need as much time as possible to work out a compromise. Senators may not all be in perfect agreement on the Senate floor on each and every provision of S. 732, but everyone can agree that the time is now to get a highway bill done. Community leaders and outside interest groups join in sending a clear message . . . get the bill done. FACT: If the Senate doesn’t pass a highway bill: 1) No chance of improvement on donor state rate of return; 2) No new safety core program to help states respond to thousands of deaths each year on our roadways; 3) No real streamlining of environmental reviews, so critical projects will still be subject to avoidable delay; 4) No increased ability to use innovative financing thereby giving States more tools to advance projects; 5) No Safe Routes to School; 6) States will continue to have uncertainty in planning thereby delaying projects and negatively impacting jobs; 7) No new border program -- critical to borders States dealing with NAFTA traffic 8) Delay in the establishment of a National Commission to explore how to fund transportation in the future. As motor vehicles become more fuel efficient a tax collection system based solely fuel consumption become less practical; 9) No increased opportunity to address choke points at intermodal connectors; 10) Firewall protection of the Highway Trust Fund will not be continued thereby making the trust fund vulnerable to raids in order to pay for other programs.

Carl Pope and Earth Day

Friday April 22, 2005

On Earth Day, it’s really no surprise that Carl Pope, Executive Director of the Sierra Club, is talking more about campaign finance law than environmental progress. In his blog yesterday, Pope wrote, “In both the House and Senate, the leadership is pushing hard for bills that, when combined, would change American democracy even more dramatically than shutting off the filibuster. The House bill would undo the limitations on soft money contributions to politicians and parties that were crafted in the McCain-Feingold Act, while the Senate bill, being portrayed as ‘campaign reform,’ would actually prohibit most organizations from criticizing candidates for public office -- sort of a Common Cause version of the Alien and Sedition Acts (the Federalists' efforts in 1798 to quell political opposition). It does this by defining most such criticism as campaign expenditure and by prohibiting any organization except a political campaign committee from making such expenditures.” FACT: During the 2004 Presidential campaign when George Soros, who called the election “a matter of life and death,” was looking for a place to invest 5 million dollars, he invited Pope and fellow Democrat operatives like Clinton’s chief of staff John Podesta to his house. Soros was looking for groups to give his money to in an effort to defeat President Bush. According to a Washington Post article, “Soros's contributions are filling a gap in Democratic Party finances that opened after the restrictions in the 2002 McCain-Feingold law took effect. In the past, political parties paid a large share of television and get-out-the-vote costs with unregulated ‘soft money’ contributions from corporations, unions and rich individuals. The parties are now barred from accepting such money. But non-party groups in both camps are stepping in, accepting soft money and taking over voter mobilization.” Interestingly, environmental groups are all tax-exempt IRS registered 501(c)(3) charitable organizations, meaning that contributions to these groups are tax –deductible. These groups profess to be the greatest stewards of the environment and solicit contributions from a variety of sources under that premise. But they demonstrate more interest in hyping apocalyptic environmental scenarios to raise money for raw political purposes rather than working together to improve our environment for the benefit of all Americans. All of these non-profit groups are also closely associated and fund their affiliated 501(c)(4) lobbying organizations and 527 political organizations. The Washington Post published an article demonstrating that IRS 501(c)(3), 501(c)(4), and 527 organizations were all engaged in political activity during the 2004 election cycle with expenditures designed to circumvent the prohibitions in the Bipartisan Campaign Reform Act of 2002, otherwise known as McCain-Feingold. The article quoted a former Federal Election Commission official stating, “In the wake of the ban on party-raised soft money, evidence is mounting that money is slithering through on other routes as organizations maintain various accounts, tripping over each other, shifting money between 501(c)(3)'s, (c)(4)'s, and 527's.... It’s big money” The Sierra Club describes itself as “America's oldest, largest and most influential grassroots environmental organization.” Sierra Club is also an IRS registered tax-exempt non-profit 501(c)(3) foundation. The Sierra Club Foundation is closely affiliated with its Sierra Club 501(c)(4) and section 527 political organization. In fact the Washington Post detailed the interconnected organizations of the Sierra Club in an article during the 2004 election: “Perhaps no one better illustrates the host of interlocking roles than Carl Pope, one of the most influential operatives on the Democratic side in the 2004 election. As executive director of the Sierra Club, a major 501c (4) environmental lobby, Pope also controls the Sierra Club Voter Education Fund, a 527. The Voter Education Fund 527 has raised $3.4 million this election cycle, with $2.4 million of that amount coming from the Sierra Club. A third group, the Sierra Club PAC, has since 1980 given $3.9 million to Democratic candidates and $173,602 to GOP candidates.”

DPC Mercury "Hearing"

Wednesday April 20, 2005

In the latest attempt to scare the American public into voting Democrat, the Democratic Policy Committee (DPC) held a mock “hearing” on the issue of mercury, criticizing the recent mercury rule implemented by the Environmental Protection Agency. At the “hearing” the DPC set its sights directly on the likes of Michelle Cottle, who recently wrote an essay for Time Magazine about newfound uncertainties when pregnant. Cottle writes, “I've never been much of an environmentalist… Except when I am pregnant--an unsettling condition in which I now find myself. At that point, I morph from a mild-mannered supporter of environmental regulation into one of the most obsessive antipollution zealots you can find outside of an ecoterrorists' convention.” Cottle adds, “As a result, I have become the environmental movement's dream convert. I pore over news reports of the latest oil-company atrocity; I hector my family about their oversize vehicles; I buy only organic milk and eggs laid by vegetarian, cage-free, anxiety-free chickens; and I'm an easy mark for any ecoactivist in search of a signature on his petition.” FACT: Eating fish rich in Omega-3 fatty acids is beneficial to human health, especially to pregnant women and their unborn children. No woman in the United States who has tested for mercury exposure has levels known to be unsafe. While a small percentage are testing above the ultra-conservative level that incorporates a ten-fold ‘fudge factor’ or ‘safety factor,’ not a single woman has tested anywhere near the level that is considered unsafe or ‘dangerous’ -- that is, the lowest level where an observed effect was detected in even one study. Furthermore, according to government studies, 80% of the fish consumed by Americans originates overseas. Since mercury emissions from U.S. coal-fired power plants make up less than 1% of the worldwide total, even a complete elimination of those emissions would have no measurable impact on the amount of mercury found in most fish. The Bush Administration has issued the nation’s first rule to control mercury emissions from power plants. And now, the Democrats are complaining that EPA refused to delay and change the rule based on a study that was submitted after the deadline passed and contributed absolutely no new science beyond the studies EPA relied upon. If they really wanted certain, effective and long-term reductions in mercury emissions from power plants, they would support the Clear Skies bill – a bill that mandates mercury reductions of seventy percent by 2016 and creates an EPA regulatory program to eliminate any potential risk of mercury “hot spots”. These Senators, and their green advocacy group supporters, would rather obstruct passage of the bill and advocate litigation of clean air rules in court than make clean air progress in Congress. It is a sad testament to the raw politics of this town that the DPC is mocking the Senate hearing process in order to scare women and children from eating fish in an attempt to make a political point.
As debate intensifies over the science of global warming, Senator McCain and Governor Romney now say they favor legislation regardless if there is actual global warming or not. McCain states, “For argument's sake, let's say that the science that we are relying on is wrong - yet we enact legislation to reduce greenhouse gas emissions, what harm will that action cause?” Romney agrees saying, “If climate change is happening, the actions we take will help, if climate change is largely caused by human actions, this will really help. If we learn decades from now that climate change isn’t happening, these actions will still help our economy, our quality of life, and the quality of our environment.” FACT: The cost of passing climate change legislation would be enormous. The most widely cited and most definitive economic analysis of Kyoto came from Wharton Econometric Forecasting Associates, or WEFA. According to WEFA economists, Kyoto would cost 2.4 million US jobs and reduce GDP by 3.2%, or about $300 billion annually, an amount greater than the total expenditure on primary and secondary education. Because of Kyoto, American consumers would face higher food, medical, and housing costs -- for food, an increase of 11%, medicine, an increase of 14%, and housing, an increase of 7%. At the same time an average household of four would see its real income drop by $2,700 in 2010, and each year thereafter. Under Kyoto, energy and electricity prices would nearly double, and gasoline prices would go up an additional 65 cents per gallon. Additionally, EIA estimated that limiting carbon dioxide emissions alone to 1990 levels by 2010 could cost the economy about $300 billion in 2010 alone, and the 7%-below-1990 target could cost an additional $100 billion. Finally, a study by Charles River Associates, a non-partisan economic forecasting firm, found that the impact of the Climate Stewardship Act, S.139 (McCain/Lieberman), would mean job losses of 39,000 to 250,000 in 2010 and 190,000 to 610,000 by 2020 and cost between $600 and $1,300 per family per year in 2010 rising to $1,000 to $2,300 by 2020.
Global warming alarmists repeatedly refer to a 2001 National Academy of Sciences (NAS) study, interpreting it as categorical proof that man-made emissions are responsible for global warming. FACT: By any conceivable standard, the NAS study cannot possibly be considered an unequivocal affirmation that man-made global warming is a threat, or that man-made emissions are the sole or most important factor driving climate change. It certainly cannot provide the basis for the United States Congress to adopt economically harmful reductions of so-called “greenhouse gas” emissions. The report states, “Because there is considerable uncertainty in current understanding of how the climate system varies naturally and reacts to emissions of greenhouse gases and aerosols, current estimates of the magnitude of future warming should be regarded as tentative and subject to future adjustments (either upward or downward).” Under the headline “The Effect of Human Activities,” the NAS addressed the potential impact of anthropogenic emissions on the climate system. The report states: “Because of the large and still uncertain level of natural variability inherent in the climate record and the uncertainties in the time histories of various forcing agents (and particularly aerosols), a causal linkage between the buildup of greenhouse gases in the atmosphere and the observed climate changes in the 20th century cannot be unequivocally established.” Numerous press accounts of the NAS report have failed to mention this quote. Finally, the NAS also addressed the relationship between climate change and aerosols, which are particles from processes such as dust storms, forest fires, the use of fossil fuels, and volcanic eruptions. To be sure, there is limited knowledge of how aerosols influence the climate system. This, said the NAS, represents “a large source of uncertainty about future climate change.”
Senate Democrats claim if only they had more information on Clear Skies legislation they might vote in favor of President Bush’s historic power plant emissions reductions legislation. In reality Democrats reach deep into their bag of tricks searching for an excuse to delay the bill. Beholden to liberal special interest groups who fear an environmental victory by President Bush, Democrats place politics above the environmental needs of the nation. FACT: History provides clear evidence of the weakness of the Democrat’s claims of needing more information on Clear Skies. Committee members today have more data on Clear Skies than the committee had when they passed the Clean Air Act Amendments of 1990 out of committee. Members have better quality data than the full Senate had when they passed the Clean Air Act Amendments of 1990. They have more data than President Bush had when he decided to go forward with Clear Skies. Finally, when Chairman Jeffords forced a vote on his Clean Power Act of 2002, the Committee had zero data and had only seen the bill for less than one week.

Clean Air Trust and Clear Skies

Wednesday April 6, 2005

Leon Billings, head of Clean Air Trust, explained in an interview this week why Democrats on the Senate Committee on Environment and Public Works refused to support President Bush’s Clear Skies legislation. Billings claims that Chairman Inhofe “did not want to compromise,” the Bush Administration failed to provide Senators with EPA materials they requested, any mention of global warming was omitted, and Republicans refused to guarantee that a House-Senate conference committee would not make changes to the legislation. FACT: Billings' assertions turn the facts upside down. Chairman Inhofe and Senator Voinovich went to great lengths to compromise, delaying a vote on the legislation three times at the request of Democrats. They modified the bill in numerous ways to accommodate Democrat concerns, including tightening the Phase II deadlines for all 3 pollutants to 2016, creating an EPA regulatory program to eliminate the possibility of mercury "hot spots," addressing carbon in a credible way by creating a pool of allowances worth more than $650 million to promote IGCC technology, and tightening numerous provisions to further reduce pollution, increase monitoring and eliminate potential loopholes. Yet opponents of Clear Skies have yet to come to the table with a single legislative counteroffer to the multiple proposals Senators Inhofe and Voinovich have offered the Committee. Furthermore, the Administration provided the Committee over 10,000 pages of modeling on costs, job impacts, fuel switching, air quality, and deaths avoided for the various proposals. The quality of information in 1990, the last time the Clean Air Act was amended, paled in comparison to what the executive branch has been able to produce for the Committee using today’s more sophisticated models run on powerful supercomputers. Far more is known about the impacts of the Clear Skies legislation we are considering today than we knew about the Clean Air Act Amendments of 1990. In comparison, Senators Jeffords changed a five page bill into a 55 page bill a week before forcing a vote on his multi-emissions bill in 2002. What else then is keeping Democrats from coming to the table to pass the most aggressive presidential initiative in history to reduce power plant pollution and provide cleaner air across the country?