Thursday, December 19, 2013

West Virginia AG Wants the Supreme Court to Hear Spruce Mine Case


Well, this is not a reversal, but it’s still not good news. Patrick Morrisey, the Attorney General of West Virginia, has joined 26 other states in filing a friend of the court brief urging the U.S. Supreme Court to review a case that challenges the EPA’s authority to withdraw a previously approved Clean Water Act permit for a mountaintop removal mine.
The mine is a currently existing mountaintop mining operation in Logan County, the Spruce Mine No 1. The permit was for an expansion of the mine and would have made it the largest surface mine in West Virginia.
In April of this year, the U.S. District Court of Appeals ruled in favor of the EPA, and in July refused to rehear the case.
I’m not hopeful if the Supreme Court agrees to hear the case. The conservative majority has been business friendly and not prone to supporting environmental regulations. John Roberts has worked as a lawyer for coal companies. The cases he worked on concerned labor issues—benefit payments and collective bargaining rights—and not those of environmental protections. Still, his relationship with the coal companies has been cozy and does not lend itself to the image of Justice blindly weighing the scales. Do you think he should recuse himself?
More than the status of one mine could be at stake here. The push from the right, the GOP, and big business has been to curtail the ability of the EPA to protect our air, land, and water. If the Court hears the case and rules in favor of Arch Coal, the owner of the Spruce Mine, the EPA’s ability to deny pollution permits across the country will be jeopardized.

Wednesday, December 11, 2013

From Crooks and Liars: GOP Holds 'Factual' Climate Hearing, Says Scientists Know It's All a Hoax

GOP Holds 'Factual' Climate Hearing, Says Scientists Know It's All A Hoax


Somehow or other I’m not finding references to this in the more standard press websites. This is from Crooks and Liars, a mostly liberal website. Maybe it’s just that most of the press realizes that this sort of thing is not newsworthy.
            It is nonetheless disquieting that such outlandish shenanigans go on in our nation’s capital. While cities, counties, and other local government agencies are working to reduce carbon emissions, the GOP has a hearing on climate change in which almost all of the witnesses are skeptical or downright hostile to the science of global warming. I guess I shouldn’t be surprised. This is the institution that brought us the witch hunts of the House Un-American Activities Committee and filibusters, one going on for 24 hours, of basic civil rights legislation.
            I wouldn’t mind so much if our elected representatives opposed measures to limit greenhouse gasses or to make progress on climate change, if they were to simply acknowledge the truth of the matter. “Yes, our waste from fossil fuel is warming the planet, but I don’t care,” is still a crappy attitude, but at least it’s honest.

Wednesday, December 4, 2013

Industry Sues to Invalidate Colorado Communities' Fracking Bans


It seems that folks’ efforts to restrict fracking from their communities is in jeopardy in Colorado. Last month the citizens of Fort Collins approved a five-year moratorium on fracking within their city, and Lafayette has made similar changes to its city charter to make fracking illegal. Fracking is legal in the state as a whole; these are merely restrictions on fracking within the boundaries of these cities.
            Now the Colorado Oil and Gas Association (COGA), an industry sponsored organization, is suing these two communities these two towns on the grounds that their fracking bans are in conflict with state law that regulates oil and gas extraction. COGA says that only the Colorado Oil and Gas Conservation Commission has exclusive authority to regulate wells in Colorado. This story goes back to around a year ago, and I've blogged about it before.
            I’m not a lawyer, so I really can’t make a judgment on the merits of this case. Considering, however, how recent research indicates the hazards of fracking (see here, here, and here)  it seems perfectly reasonable that people should be able to restrict this extractive practice from their communities. Sound reasonable? What do you think?

Tuesday, December 3, 2013

Academy of Sciences Updates Report on Abrupt Changes From Global Warming


The National Academy of Sciences has just published an update to their 2002 publication Abrupt Climate Change: Inevitable Surprises. Titled Abrupt Impacts of Climate Change: Anticipating Surprises, the new report XXX.
            The 2002 report emphasized that abrupt changes occur during times of changing forcings, such as today when we are pumping tons and tons of CO2 into the atmosphere. From the reports executive summary:

Abrupt climate changes were especially common when the climate system was being forced to change most rapidly. Thus, greenhouse warming and other human alterations of the earth system may increase the possibility of large, abrupt, and unwelcome regional or global climatic events. The abrupt changes of the past are not fully explained yet, and climate models typically underestimate the size, speed, and extent of those changes. Hence, future abrupt changes cannot be predicted with confidence, and climate surprises are to be expected.

These changes include greatly increased rainfall or storms, as well as droughts. The new report builds on the work of the previous report and also considers the tipping points that are the result of cumulative changes over long periods of time. 

Update on Mountaintop Removal From the Charleston Gazette: Mountaintop Removal Protester Still In Jail

Mountaintop removal protester still in jail  - News - The Charleston Gazette - West Virginia News and Sports -


Here’s some of the latest news for Appalachia and mountaintop removal. Longtime community and environmental activist Mike Roselle has wound up in jail again, charged with trespass and disorderly conduct for leaving a container of dust from mountaintop removal on the porch of the West Virginia governor’s mansion.
            Roselle insists that the governor, Earl Ray Tomblin, should have the material tested, as scientific studies show that residents who live near mountaintop mines are at greater risk of illness and premature death.

UPDATE 12/4/13: I guess this is an update to an update. Anyway, having served more time than any conviction for his alleged crimes, Mike Roselle has been released from jail on a personal recognizance bond. Details of this event can be found at this story by Ken Ward in the Charleston Gazette. As Ward points out, Governor Tomblin, despite scientific evidence that indicates a link between mountaintop removal and increased health risks to residents who live nearby these massive mines, has not shown any interest in the studies and has refused to meet with folks like Roselle who want to discuss the issue with him.

Sunday, December 1, 2013

Dear Cato: Climate Action Delayed Is Climate Action Denied


It might be easy to imagine that the folks at the Cato Institute aren’t as bad as some other “think tanks” that work at the denial of the science that reveals and explains the phenomenon of global warming. After all, right up front, on their web page on global warming, they clearly say, “Global warming is indeed real, and human activity has been a contributor since 1975.”
OK, before we go any further, the part about 1975 is a little weird. Does the Cato Institute demarcate the start of our warming of the globe to when “Everybody Was Kung Fu Fighting” hit the airwaves? Or do they want to pin it on the start of Jimmy Carter’s presidential campaign? The Cato Institute has never liked Jimmy Carter.  Just to be clear, we’ve been warming the world since we started burning fossil fuels, more like 1750 instead of 1975. But I’m not going to ding them for being off by about 225 years.
            The rest of the sentence is something that seems incredibly reasonable coming from a “think tank” that was started in part by Charles Koch and whose purpose is to support oil industries and an economy based on the extraction and use of fossil fuels. They acknowledge that global warming is real and we’re part of the problem. Wow! How reasonable. These folks sound like they’ve done their homework and are willing to follow through and do their part to reduce carbon emissions.
            That’s the way it seems until you read the rest of what Cato has to say:

But global warming is also a very complicated and difficult issue that can provoke very unwise policy in response to political pressure. Although there are many different legislative proposals for substantial reductions in carbon dioxide emissions, there is no operational or tested suite of technologies that can accomplish the goals of such legislation.
Fortunately, and contrary to much of the rhetoric surrounding climate change, there is ample time to develop such technologies, which will require substantial capital investment by individuals.

Where do I start with this? Global warming is “very complicated.” OK, I guess it is. What does that have to do with reducing carbon emissions? In some cases it might be complicated, and in others it might be quite simple. The other red flag here is the use of the word “provoke,” which can simply mean to stir to action, but also carries the connotation of inciting anger and rashness, and here in this case insinuates that climate policy may not be well thought out or poorly designed.
And while the phrase about “no operational or tested suite of technologies” that can accomplish the goals of climate change legislation has a germ of truth to it—we are, after all, on untested territory here with global warming. We have never tossed up tons and tons of carbon in the air and substantially warmed the entire earth—that does not mean that we should not work to remedy the tight spot that we’ve put ourselves in. I could cite a hundred examples of the past, from Columbus to Neal Armstrong and Buzz Aldrin walking on the moon, to illustrate that although we sometimes find ourselves in uncharted territory, we can still be successful in our efforts.
And renewable energy, hybrid cars, and other technologies that are to help us reduce or mitigate climate change are only part of the solution. A lot of economists will tell you that the easiest way to bring about reductions in greenhouse gas emissions is a carbon tax. A carbon tax can be simple, designed to be fair to the poor and lower classes, and be quite effective in making all of our carbon footprints smaller and smaller.
As the Cato Institute wraps things up, they swerve into outright falsehood when they say that there is plenty of time to develop the technologies to stave off global warming. This is risible. We have pushed the CO2 concentration of the atmosphere up to 400 ppm, the planet is sufficiently warmed, and we are seeing some of the consequences of the forcing caused by all this new carbon dioxide in the air. Glaciers melt, the oceans rise, and our weather patterns are changing.
The Cato Institute tries to come off as being responsible and reasonable, acknowledging our contributions to climate change. But they are as bad as any of the organizations or industry hired guns who deny the link between our carbon emissions and a warmer world. They remind me of the “responsible voices” who claimed that they themselves were not racists yet were quick to caution Martin Luther King that he was asking for too much too quickly.
In his Letter From a Birmingham Jail, King clarified what was at the core of this delaying tactic. In the letter he wrote, “For years now I have heard the word ‘Wait!’ It rings in the ear of every Negro with piercing familiarity. This ‘Wait’ has almost always meant ‘Never.’ We must come to see, with one of our distinguished jurists, that ‘justice too long delayed is justice denied.’”
And so it is with Cato. Their “ample time” is the same as the racist “Wait.” Saying that we should take our time to work on climate change means that they don’t ever want to work on climate change. Their “ample time” rings in the ears of Alaskan natives loosing their towns and homes; it rings in the ears of Filipinos whose homes and villages were ravaged by Haiyan; it rings in the ears of all of us whose food, water, and safety is jeopardized by global warming with piercing familiarity.