Thread: Does The EPA’s CO2 Endangerment Finding Violate Federal Law?

Does The EPA’s CO2 Endangerment Finding Violate Federal Law?

Michael Bastasch 43 mins ago

In 2009, the Environmental Protection Agency determined that greenhouse gases, including carbon dioxide, were harmful to public health and has since embarked on a campaign to lower greenhouse gas emissions.
But research from a government accountability nonprofit shows that the scientific underpinnings of the EPA’s greenhouse gas “Endangerment Finding” were not properly peer-reviewed as required by federal law.

The Institute for Trade, Standards and Sustainable Development (ITSSD) found that the EPA’s peer-review process for their 2009 Endangerment Finding was “compromised,” as the agency relied on science that was peer-reviewed by the very scientists who helped write develop it — a huge conflict of interest.
The EPA’s Endangerment Finding relied on 28 climate science assessments developed by U.S. and United Nations agencies. These studies now underpin the Obama administration’s legal authority to regulate greenhouse gas emissions, including upcoming regulations on coal-fired power plants. Critics say these regulations will effectively ban the building of new coal-fired plants.
Only four of these climate assessments had been developed by the EPA themselves, while 16 had been developed by the National Oceanic and Atmospheric Administration (NOAA). Eight of the 28 climate assessments the EPA relied on had come from the UN’s the Intergovernmental Panel on Climate Change (IPCC), the nonprofit National Research Council of the National Academies of Science (NRC) and the regional Arctic Council.
ITSSD, however, found that the EPA’s peer-review process does not satisfy the IQA. Namely, that numerous government scientists and university scientists getting NOAA funding who helped develop many of the climate assessments also participated in the IPCC’s fourth climate assessment — which underpinned much of the science for the U.S. climate assessments.
The IQA requires the EPA to make sure these 28 climate assessments underpinning their 2009 Endangerment Finding were rigorously peer-reviewed since it was being used to justify far-reaching regulations — but this did not happen, according to ITSSD.
“ITSSD research also reveals that, on six separate occasions, university-affiliated scientists had also played a key role in NRC… peer reviews of the same climate assessments that such… NOAA-employed and -funded scientists had developed,” the group said in a statement.
“And, on several occasions, without explanation, NRC… had repeatedly used the same reviewer(s) in multiple assessments,” they added.
In 2006, twelve states and several cities sued the EPA, seeking a court order to force them to regulate greenhouse gas emissions — on which the Bush administration was dragging its feet. The Clean Air Act requires the EPA to regulate “any air pollutant” that can “reasonably be anticipated to endanger public health or welfare.”

The Bush EPA lost. In 2007, the Supreme Court ruled that the EPA had to begin determining whether or not greenhouse gases, namely carbon dioxide, were harmful to public health. The Obama administration capitalized on the Supreme Court ruling and quickly made their determination that greenhouse gases were harmful to humans.
“These long-overdue findings cement 2009’s place in history as the year when the United States Government began addressing the challenge of greenhouse-gas pollution and seizing the opportunity of clean-energy reform,” former EPA Administrator Lisa Jackson said in 2009. “This continues our work towards clean energy reform that will cut GHGs and reduce the dependence on foreign oil that threatens our national security and our economy.”
The 2009 finding allowed the EPA to set greenhouse gas emissions limits for light-duty vehicles and have since been extended to stationary facilities, like refineries and power plants. Now, the Obama administration is using its authority to regulate greenhouse gases to impose emissions limits on power plants, which make it nearly impossible to build new coal plants.
But ITSSD’s research raises serious concerns about the integrity of the science the EPA used to underpin its justification for regulating greenhouse gases. The group is currently seeking records from the EPA and NOAA to further substantiate their investigation into the both agencies’ peer review processes, but they have so far been rebuffed.
“The IQA and related [Office of Management and Budget] guidelines provide the public with a powerful tool to ensure regulatory transparency and government accountability, which helps to maintain regulatory predictability and to reduce market uncertainty,” said Lawrence Kogan, ITSSD’s president.
“Government transparency and accountability and regulatory predictability are indispensable in the current postmodern era where the administrative state is rapidly expanding at the national and international levels, and the pursuit of international regulatory cooperation/harmonization has been highlighted as a key administration trade and foreign policy objective,” Kogan said.
The EPA defends its Endangerment Finding. “The endangerment finding followed and extensive public review and comment process, and has been resoundingly upheld in court challenges,” the agency told The DCNF.
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Another 3 letter agency!!!

Obama’s EPA Rules Will Sidestep Congress

Posted By Michael Minkoff on May 30, 2014

There was a good bit of conservative outrage when Obama promised during his State of the Union address that he would get things done without Congress if he needed to:

But what I offer tonight is a set of concrete, practical proposals to speed up growth, strengthen the middle class, and build new ladders of opportunity into the middle class. Some require Congressional action, and I’m eager to work with all of you. But America does not stand still—and neither will I. So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do.

Well, he’s making good on that promise. It appears that his most recent plans concerning “climate change” won’t involve Congress at all. Obama is just going to regulate emissions directly through the EPA. And he’ll get away with it more than likely because of the political structure of American bureaucracy:

On Monday, June 2, President Obama will announce his most sweeping policy yet to address global warming—a new rule to cut carbon-dioxide emissions from coal- and gas-fired power plants across the United States.

The EPA has a fair bit of leeway in designing this rule, and the precise details will matter a lot. A strict rule that cuts power-plant pollution sharply could help the Obama administration achieve its goal of cutting overall US greenhouse-gas emissions 17 percent below 2005 levels by 2020. . .

But there are risks, too. A rule that’s too stringent or badly designed could impose high costs on power plants and hike consumers’ electric bills. That, in turn, could trigger a backlash from Congress—which has the power to take away the EPA’s authority. What’s more, the EPA is entering uncertain legal territory with this rule, and there’s always a chance that the courts decide the agency has exceeded its legal mandate and strike down the regulation.

There is no legal mandate on bureaucracy. That’s why they are the real governing arm of our shadow government. Agencies with absolutely no elected officials whatsoever determine more of the federal government’s intrusions into our lives than any elected official ever has. Does no one realize how tyrannical that is?

That means that men and women you don’t have the capacity to fire are the most influential policy makers in Washingotn. They don’t answer to you. You don’t hire them or elect them. The NSA, CIA, FBI, CPS, EPA, etc. are not really bound by any laws but their own. And since most of them are in Obama’s pocket, that means that the effective civil government of the US is under the power and direction of only a handful of men.

When are we going to wake up?

Read more at http://lastresistance.com/5928/obama...sdM0TM3cByx.99

Report: EPA Climate Rule Will Cripple Coal Industry, Cost 224,000 Jobs

Michael Bastasch 19 hours ago

The Environmental Protection Agency’s upcoming climate rule will result in a massive decline in coal-fired power generation that will increase electricity bills and eliminate hundreds of thousands of jobs, according to a report from the U.S. Chamber of Commerce.

The White House is preparing to unveil what could be the costliest environmental regulation ever next week. The rule would limit carbon dioxide emissions from existing power plants, which could result in more coal-fired power plants retiring and layoffs.

The EPA and environmentalists have tried to argue that the rule would be “flexible” and impose cost-effective emissions reductions on the country’s 1,500 operating power plants. But the U.S. Chamber of Commerce study paints a different picture.

The Chamber found that the new EPA climate rule could cost the economy more than $50 billion per year and will dramatically reduce coal-fired power consumption. The report says that an additional 114 gigawatts of coal power could be shut down by 2030 — about 40 percent of existing coal capacity.
Coal’s share of electricity generation falls from 40 percent last year to only 14 percent in 2030. With this decline in coal-fired power comes huge increases in power prices. Americans will pay $17 billion more per year in electricity as coal-fired power is retired.

Moreover, this means huge job losses in the coming decades. The Chamber predicts that U.s. economy will average 224,000 fewer jobs between 2014 and 2030. Employment losses are expected to peak at 442,000 jobs in 2022.

But these effects will not be felt evenly throughout the country. Regions of the country that are more reliant on coal power will feel the brunt of the negative economic impacts of the EPA’s new climate rule.

“Overall, the South Atlantic will be hit the hardest in terms of GDP and employment declines. Its GDP losses make up about one-fifth of total U.S.,” the Chamber’s report predicts. “This region also will have an average of 60,000 fewer jobs over the 2014-30 forecast period, hitting a 171,000 job loss trough in 2022.”

“The West South Central region also takes a big hit, losing on average $8.2 billion dollars in economic output each year and 36,000 jobs,” the Chamber report adds.

Greens fire back
Environmentalists disagreed with the Chamber’s findings and issued their own report this week concluding that there would be net benefits to the EPA’s new rule. The Natural Resources Defense Council reported that the EPA’s rule would save Americans $37.4 billion on their electric bills in 2020 and create more than 274,000 jobs.

NRDC’s report says that the EPA’s rule could cut carbon dioxide emissions by 25 percent from 2012 levels by 2020. The green group says reducing carbon dioxide levels would yield more than $50 billion in environmental benefits — utilizing the Obama administration’s flawed social cost of carbon estimate.

According to NRDC, the rule will only cost $14.6 billion in 2020. The report say the “benefits of the proposal far outweigh the costs.”
“Carbon dioxide from power plants contributes to the severity of heat waves, droughts, floods, and rising sea levels, all of which bring an enormous toll in human lives, environmental devastation, and economic disruption,” the NRDC report says.

What does it all mean?
While the Chamber and NRDC reports tell two sides of the story, both recognize that the EPA’s rule for existing plants would likely be the costliest environmental rule on the books.

Currently, the EPA’s Mercury Air Toxics Standard is the costliest agency rule with a price tag of $9.6 billion per year. The Chamber says that compliance costs for the EPA’s carbon dioxide rules could be more than $50 billion per year and NRDC says the agency’s rule could cost nearly $15 billion in 2020.
But the point of the EPA rules are to stem global warming, which the rules will likely not accomplish. While the U.S. drastically cuts its carbon dioxide emissions, developing countries are not bound by U.S. law and will continue to emit more as they develop economically.

The Chamber’s study notes that “over the 2011-30 forecast period, the rest of the world will increase its power sector CO2 emissions by nearly 4,700 million metric tons (MMT), or 44%.”

“Those non-U.S. global emissions increases are more than six times larger than the U.S. reductions achieved in the Policy Case from 2014-30.2 Considered in light of the challenges and costs associated with approaching 42% power sector CO2 reductions, this international context should be instructive as the U.S. seeks to negotiate a post-2020 emissions reduction agreement,” the Chamber notes.

The NRDC’s report does not mention the dramatic increases in carbon dioxide emissions from other countries, like China and India, that would nullify the cuts made in the U.S.

Source
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TWO LIES DO NOT MAKE ONE TRUTH

By Karen Schoen
June 1, 2014
NewsWithViews.com

A LIE is defined as a false statement to a person or group made by another person or group who knows it is not the whole truth, intentionally.
As a teacher I watched as new texts moved away from history and fact into emotion and fiction. History altered in texts, were forced upon unsuspecting students. Today little resembles the American experiment full of pride, patriotism and self confidence. The words, "think outside the box are no longer uttered in halls and classrooms." Today students are taught to be common while legislators refuse to listen to Americans scream, stop experimenting on my child. Their career, their wallet is more important than being a statesman protecting the people.
Instead, legislators protect special interest with one goal, screw the people and steal their land. They use environmental lies to promote this goal while unsuspecting true environmentalists become useful idiots incapable common sense relying only on the lies they learned in school.
In 1989, Shirley McCune of the McREL Foundation under George Bush 41 as President and Bill Clinton as president of the Governors Association changed the face of education. Shirley proclaimed:
• Students are HUMAN CAPITAL Education’s purpose is to train students to work.
The purpose of education is to teach people how to think not what to think. Training is not education
• Purpose of Education was to Transform Society from individualism to collectivism
Individualism is the core of American exceptionalism. The concept of America is that exceptional people working together will create exceptional things which we did until now.
• Fact Based Education is no longer the primary focus of education
Today we have a government based on lies and deception as these students have graduated and work in unconstitutional government agencies all knowing that truth is no longer important.
In the 1930's Communists, evil people following Lucifer - as noted by Saul Alinsky, fled Hitler's Germany and fled to Russia and America. Under Operation Paper Clip they were given new identities and placed in our science programs, universities and now government. They did not stop their ideology and embrace American values. Instead they set out to transform American into their utopia by continuing their experiments using the environment as their crisis.
When the people screamed and exposed these lies, there were demonized. To shut people up programs like:
• Political correctness - self censorship
• Do not talk about Politics and Religion - most important to our founders who believed the PEOPLE HAVE THE POWER but only if they are involved in the government process. A republic can only work when the people are moral.
• Being part of the silent majority - not speaking out affirms the lies
While parents were told to be silent, books like Rescue Mission Planet Earth were being used in school - The child's edition of UN Agenda 21 promoting sustainability by demonizing groups and humans.
Passages like those on page 73, "Agenda 21 says: Funds could be raised by reallocating resources now committed to the military." were drummed into the heads of the youth who are today's legislators while turning these legislators into "useful idiots" necessary to transform Americans from individualism into communism as Shirley stated. Today Representative Joe Garcia said, “Communism works.”
Cradle to grave indoctrination is being called for in programs demanding all students must go to college just so they will incur debt. People in debt are slaves and will never own anything.
• School is to replace family
• Government is to replace God and morality
• The UN is to replace the US in programs
Programs like free trade, sustainability, conservation, man made global warming are used to divide people and promote poverty not success. "Global Sustainability requires the deliberate quest of poverty, reduced resource consumption and set levels of mortality control." - Professor Maurice King
Students are indoctrinated into believing they are at fault
"The common enemy of humanity is man. In searching for a new enemy to unite us, we came up with the idea that pollution, the threat of global warming, water shortages, famine and the like would fit the bill. All these dangers are caused by human intervention, and it is only through changed attitudes and behavior that they can be overcome. The real enemy then, is humanity itself." - Club of Rome, premier environmental think-tank, consultants to the United Nations
While lies are promoted as the truth...."No matter if the science of global warming is all phony...climate change provides the greatest opportunity to bring about justice and equality in the world." - Christine Stewart, former Canadian Minister of the Environment
In the last few weeks I exposed the lies of John Beale and his lying wife Nancy Ketes who are largely responsible for creating the heinous deception of the EPA.
With Americans no longer taught the US constitution in school, they do not know that Article IV Section 4: "The United States shall guarantee to every State (Person) in this Union a Republican (representative - you vote for the people to carry your voice) Form of Government...
Marbury vs Madison decision: Any unconstitutional law is void.
Rules and statutes are not laws and should not be followed.
• The EPA is not elected.
• The EPA is unconstitutional.
• The EPA is void.
Lack of that knowledge has forced phony laws/rules based on lies to dictate the future of America.
• Not preparing for the real weather - controlled by the sun, in hibernation, getting colder in a 206 year mini ice age - spaceandscience.net
• Forcing GMO - experimental food control with genetically modified food - Monsanto Seeds of Death, Food safety Act - which no one read giving government power to confiscate your food.
• Creating phony droughts to create phony food shortages-
• Lying about fossil fuels- oil and coal a cheap source of energy giving wealth and power to individual business owners enabling them to keep costs of goods and services down while providing American jobs like fracking and Keystone
• Using the Clean Air Act to deem a puddle navigable water. Putting meters on private wells, taxing rain water, creating phony conservation, wetlands
• Conducting experiments on students and seniors (just like their ancestors in the 30's)
• Using food for fuel creating famines and high food prices. Ethanol a phony science designed to redistribute wealth through subsidies while damaging cars and engines while driving prices higher.
• Forcing people off their land in conservation schemes.
• Working with the UN to create phony models eliminating farming, fishing in order to control food.
• Working with Sierra Club and other environmental liars creating phony law suits in order to create phony legislation aimed and destruction of the middle class by eliminating private industry and private property.

The EPA and other unelected bureaucratic departments have one goal, destruction of middle America. These unconstitutional regional groups must be closed and the liars must be prosecuted.

The first step is to defund. Your Representative will tell you - but we do not have the Senate to stop funding. If they tell you that FIRED THEM. They did not read the constitution.

Funding begins and ends in the HOUSE of Representatives. Article I Section 7. All bills for raising revenue shall originate in the HOUSE of Representatives; but the Senate may (not must, shall or will - remember the NDAA, the President may pick up Americans w/o due process. Same idea) propose or concur with Amendments as on other bills.
When I taught the Constitution I taught:
The House controls the purse and does not need the Senate to vote on any funding bill.
The Senate ratifies all appointments and treaties and does not need the House to approve.
When the constitution is not taught people do not know their rights.
Get involved. Your job for today... Demand defunding of the lying cheating, stealing, unconstitutional EPA or soon you will be deciding whether to drive to work or buy food. Contact your HOUSE member.
© 2014 Karen Schoen - All Rights Reserve
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Karen Schoen originally from New York currently resides in the Florida panhandle, a former teacher, dean and business owner who became an activist and devotes her time speaking to groups throughout the United States educating Americans to the communist United Nations takeover of America called UN Agenda 21 aka Sustainable Development Sustainable America, Resilient cities, Smart Growth, New Urbanism etc. Should you need a speaker on any agenda 21 issue, contact Karen.
Karen has a Bachelors Degree in Education, minor in History and a Masters Degree in Liberal Studies and post graduate credits from the New School of Social Research where she was trained in psychological manipulation now applied in schools. Putting the pieces together and connecting the dots is her specialty. Karen is one of the founders of the AgEnders (Americans ending Agenda 21) writes for blogs, newsletters, agenda21today.com, americaismyname.org, saveamericafoundation.com, and Karenschoen.com
Karen co-hosts her radio show, “American Freedom Watch Radio,” on blogtalkradio.com/americanstatesman and redstatetalkradio.com has numerous videos on teapartychannel.net, freedominamerica.us and youtube, and she is often a guest on other radio and TV shows. Karen heads the team of AgEnders dedicated to educating Americans about Agenda 21. Karen hosts The AgEnders webinars series designed to expose the truth, by providing education and conversation and action against UN Agenda 21. UN Agenda 21 calls for the inventory and control of every aspect of human activity while indoctrination into global governance. The Elite are using environmental issues to control the population, destroy American exceptionalism, individual rights, private intellectual and real property family values, religious values and nationalism. School programs like IB and Common Core are designed to transform Americans into accepting collectivism and social justice.
Karen has testified in front of the Florida Legislature on many occasions, is a Director of Panhandle Patriots, a founder of the AgEnders, (Americans ending Agenda 21) , Co- chair of the Florida Assessment Committee on Education and Director of the Save America Foundation.
Karen has just decided to run for office FL State REP Dist 5. Look for votekarenschoen.com

E-Mail: info@agenda21today.com

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