Supreme Court Tells Obama, He Cannot Rewrite Laws to Push His Agenda!

July 14, 2014 by Marita Noon,

Now that the dust has settled on the Supreme Court’s 2014 session, we can look at the decisions and conclude that the Administration received a serious smack down. Two big cases got most of the news coverage: Hobby Lobby and the National Labor Relations Board’s (NLRB) recess appointments. In both cases, the Administration lost. At the core of both is the issue of the Administration’s overreach.

Within the cases the Supreme Court heard, one had to do with energy—and it, too, offered a rebuke.

You likely haven’t heard about Utility Air Regulatory Group (UARG) v. Environmental Protection Agency (EPA)—and may think you don’t care. But with the session over, UARG v. EPA makes clear the Court’s trend to trim overreach.

ginamc3The UARG v. EPA decision came down on June 23. None of the major news networks covered it. Reviews of the 2014 cases, since the end of the session, haven’t mentioned it either. The decision was mixed—with both sides claiming victory. Looking closely, there is cause for optimism from all who question the president’s authority to rewrite laws.

A portion of the UARG v. EPA case was about the EPA’s “Tailoring Rule” in which it “tailored” a statutory provision in the Clean Air Act—designed to regulate traditional pollutants such as particulate matter—to make it work for CO2. In effect, the EPA wanted to rewrite the law to achieve its goals. The decision, written by Justice Antonin Scalia for the majority, stated:

“Were we to recognize the authority claimed by EPA in the Tailoring Rule, we would deal a severe blow to the Constitution’s separation of powers… The power of executing laws…does not include a power to revise clear statutory terms that turn out not to work in practice.”

Had the EPA gotten everything it wanted, it could have regulated hundreds of thousands of new sources of CO2—in addition to the already regulated major industrial sources of pollutants. These new sources would include office buildings and stores that do not emit other pollutants—but that do, for example, through the use of natural gas for heating, emit 250 tons or more of CO2 a year.

The Supreme Court did allow the EPA to regulate CO2 emissions from sources that already require permits due to other pollutants—and therefore allowed the EPA and environmentalists pushing for increased CO2 reductions to claim victory because the decision reaffirmed the EPA does have the authority to regulate CO2 emissions. However, at the same time, the decision restricted the EPA’s expansion of authority. Reflecting the mixed decision, the Washington Post said the decision was: “simultaneously very significant and somewhat inconsequential.”

It is the “very significant” portion of the decision that is noteworthy in light of the new rules the EPA announced on June 2.

Currently, the Clean Air Act is the only vehicle available to the Administration to regulate CO2 from power plant and factory emissions. However, the proposed rules that will severely restrict allowable CO2 emissions from existing power plants, resulting in the closure of hundreds of coal-fueled power plants, bear some similarities to what the Supreme Court just invalidated: both involve an expansive interpretation of the Clean Air Act.

It is widely believed that the proposed CO2 regulations for existing power plants will face legal challenges.

Tom Wood, a partner at Stoel Rives LLP who specializes in air quality and hazardous waste permitting and compliance, explains: “Although the EPA’s coalplant3Section 111 (d) proposals cannot be legally challenged until they are finalized and enacted, such challenges are a certainty.” With that in mind, the UARG v. EPA decision sets an important precedent. “Ultimately,” Wood says, “the Supreme Court decision seems to give more ammunition to those who want to challenge an expansive view of 111 (d).” Wood sees it as a rebuke to the EPA—a warning that in the coming legal battles, the agency should not presume that its efforts will have the Supreme Court’s backing.

In his review of the UARG v. EPA decision, Nathan Richardson, a Resident Scholar at Resources For the Future, says: “In strict legal terms, this decision has no effect on EPA’s plans to regulate new or existing power plants with performance standards. … However, if EPA is looking for something to worry about, it can find it in this line from Scalia:”

When an agency claims to discover in a long-extant statute an unheralded power to regulate “a significant portion of the American economy” . . . we typically greet its announcement with a measure of skepticism. We expect Congress to speak clearly if it wishes to assign an agency decisions of vast “economic and political significance.”

Cato’s Andrew Grossman adds: “The Court’s decision may be a prelude of more to come. Since the Obama Administration issued its first round of greenhouse gas regulations, it has become even more aggressive in wielding executive power so as to circumvent the need to work with Congress on legislation. That includes … new regulations for greenhouse gas emissions by power plants …that go beyond traditional plant-level controls to include regulation of electricity usage and demand—that is, to convert EPA into a nationwide electricity regulator.” Grossman suggests: “this won’t be the last court decision throwing out Obama Administration actions as incompatible with the law.”

Philip A. Wallach, a Brookings fellow in Governance Studies, agrees. He called the UARG v. EPA case “something of a sideshow,” and sees “the main event” as EPA’s power plant emissions controls, which have “much higher practical stakes.”

The UARG v. EPA decision is especially important when added to the more widely known Hobby Lobby and NLRB cases, which are aptly summed up in the statement by the American Fuel & Petrochemical Manufacturers’ General Counsel Rich Moskowitz: “We are pleased that the Court has placed appropriate limits on EPA’s authority to regulate greenhouse gases under the Clean Air Act. By doing so, the Court makes clear that an agency cannot rewrite the law to advance its political goals.”

Justice Scalia’s opinion invites Congress to “speak clearly” on agency authority. It is now up to our elected representatives to rise to the occasion and pass legislation that leaves “decisions of vast ‘economic and political significance’” in its hands alone. Such action could rein in many agency abuses including the heavy-handed application of the Endangered Species Act and public lands management.

It would seem that the UARG v. EPA decision—while “somewhat inconsequential”—is, in fact, “very significant.” With this decision the Supreme Court has outlined the first legislation of the new, reformatted, post-2014 election, Congress.

Love Thy Neighbour!….A Radical Solution, to a Radical problem!

Barking Mad – A rave, prompted by facing insane heating costs

Guest essay by Caleb Shaw

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Nigel Hawthorne playing King George the Third. Photo credit: Rex Features

It is a painful thing to confront someone whom one is accustomed to respecting, and to tell that person they are barking mad. Usually one avoids it, or dismisses the other’s strange behavior as “a difference of opinion,” and speaks platitudes about “the importance of diversity,” however when a person is going, “Arf! Arf!” right in your face, there is no way around it. This includes governments, when they become barking mad.

 

Thomas Jefferson knew this, when he quilled the Declaration of Independence, listing King George’s barking mad behaviors, however there has been a recent, revisionist effort to show that King George the Third wasn’t all that bad, and his blue urine wasn’t due to porphuria, and his spells of foaming at the mouth were but minor episodes, especially when he was young and was busily losing the American colonies. (I think this may in part be due to the fact that porphuria is hereditary, and certain people don’t want the rabble giving Prince Charles appraising looks.)

The argument states that, if you could get an audience at his glittering palace, King George was quite lucid, and even charming, and that the points he raised, about the government’s right to tax, are valid to this day. There is even some reproach towards America and Jefferson for failing to understand King George’s points.

However taxation was not the issue. Taxation without representation was the issue. When one looks back with twenty-twenty hindsight, the solution to the problem seems simple: Simply give the thirteen colony’s thirteen elected representatives in Parliament. It seems like such an obvious thing, to give Englishmen abroad the same rights as Englishmen at home, and seems so conducive to unity and the expansion of an unified kingdom, that to switch the subject to the-right-of-the-government-to-tax seems a sleight of hand bound to stub thumbs, to lead to schism, and to create discord out of harmony. It was, in fact, a barking mad thing for King George to do.

As soon as one treats ones own family as the enemy; one fosters a house divided, which must fall. Perhaps the greatest example of this madness occurred in 1914 when three of Queen Victoria’s grandchildren occupied thrones that governed roughly half the planet, as King of England, Kaiser of Germany, and the wife of the Czar of Russia. Unless these relatives considered their own family to be the enemy, there could have been no World War One, which was a calamity and slaughter so mind-boggling, and so shattering to people’s structures of belief, that it’s declaration was in many senses the beginning of a war that hasn’t ended.

The way to avoid all this madness is simply to understand there is one sort of behavior that leads to marriage, and another that leads to divorce. Assuming one can concede unity is better than division, and harmony is better than discord, (and there are some scoffers who refuse to concede this,) then heeding others (or their elected representatives) is wisdom, and any alternative deafness is ignorance. It is hugely important for those in positions of privilege and power to never lose touch with the so-called “common man.”

Unfortunately this is exactly what appears to have happened in Washington, where the leadership has seemingly forgotten, if they ever knew, how hard it is for less privileged people to scrape by. They have lost touch with humble lives that can be quite happy, provided a certain criteria involving basic necessities are met, and instead are making decisions that cause the poor to experience hardships which the leaders themselves are seemingly oblivious to. Enamored by their own eloquence, charmed by their own intellectual gyrations, they fail to see some of their concepts are barking mad.

“Cash for Clunkers” was an example of such madness. It was basically an ill-thought-out and erroneous solution to a fictitious problem based on a fraud, however it sounded elegant and efficient to the privileged at glittering parties inside the Beltway. In one fell swoop they imagined Cash for Clunkers would increase the gas mileage of American vehicles, reduce Carbon Emissions and therefore halt Global Warming, increase car sales and therefore stimulate the economy, replace low tech vehicles with high tech vehicles and therefore benefit more advanced technologies and technicians, and do all this for a paltry three billion dollars the nation didn’t have, but that could be printed. In short order Cash for Clunkers then destroyed 690,114 perfectly viable vehicles, which were traded in for 690,114 new vehicles.

It was barking mad to destroy all those perfectly good cars, and to get nothing in return for it but three billion dollars of debt. What person in their right mind does such a thing?

It didn’t even reduce Carbon Emissions, because building and shipping a new car requires three to eight tons of carbon, while driving the same old clunker required zero. It would take over five years to make up the difference with a new car, and eight years with a new truck, if the increased gas mileage was as good as promised, (which it wasn’t, due to computer glitches, faulty sensors turning on the check-engine-lights, and people driving with the check-engine-lights on, and also the natural aging of new cars.) Furthermore, the foreseen reduction of carbon would have had only an infinitesimal effect on world temperatures, even if Global Warming were proven true.

However none of a economist’s or climatologist’s pseudoscience meant much to the poor. The poor do not buy new cars; they drive the clunkers that better-off people trade in. What Cash For Clunkers meant for them was that 690,114 poor people were without a car. As the price for second-hand cars soared, many were plunked into the catch-22 position of young men who can’t get a car because they don’t have a job, and can’t get a job because they don’t have a car. But what does Washington know of such unhappy lives? They say, “Let them buy a new car” in the manner of Marie Antoinette saying, “Let them eat cake.”

In their ignorance Washington glibly stated that Cash for Clunkers would be a boon for scrap yards, blissfully unaware that much of the profit at such yards comes from taking apart engines for parts, and that, with engines destroyed, profits would sharply decline. But what does Washington know or care about greasy hands and bruised knuckles?

At least 300,000 and as many as 500,000 of the 690,114 new cars would have been sold anyway, because people need new cars even without incentives, so the government was paying-for and destroying between 300,000 and 500,000 used vehicles for absolutely no reason.

During the brief surge in car sales Cash-for-Clunkers brought about, sales of American cars actually decreased as Asian sales increased, for people were concerned about soaring gas prices at that time, and desired the better gas mileage of Asian cars. This means much of the slight increase in the national-average-gas-mileage (noted with great satisfaction by government Cash-for-Clunker statisticians) would have occurred without the program. It also means Cash for Clunkers didn’t increase the sales of of American cars, and in fact hurt the American car industry more than it helped it. The government would have done better to focus on reducing fuel prices, but actually aimed to increase those fuel prices, to lower the nation’s “Carbon Footprint.”

Some stated that if the poor couldn’t afford cars, their immobility would increase the use of public transportation. Again, it is not the wealthy that have to stand waiting in blazing sun or in winter blasts, or are uprooted because they do not live where such transit is available.

The unintended consequences go on and on. The mechanics skilled in repairing clunkers were hurt; the newer cars were far more expensive to maintain, due to computer glitches, and, when faced with the fact that plugging into a dealer’s computer to diagnose a problem could cost a hundred dollars, people simply chose to drive with the check-engine-lights on. (So you can throw the manufacturer’s estimated-gas-mileage out the window.) People do what they must to get by, and there even was an increase in uninspected and unregistered cars.

It is not that the poor want to be scofflaws or to enact some sort of political rebellion. They simply want to survive, but survival is something the barking mad in Washington has forgotten all about.

This brings me to the current madness of increasing the cost of heating a home, on purpose, to fight some theoretical warming of the planet in the future. This is another display of being barking mad, for the coming winter is no environmentalist’s theory; it is a grim reality that can kill.

What do the privileged elite in Washington know about cold homes in January, or of needing to chose between freezing and food? At their glittering, January parties the only ice they know is in their drinks, as they pontificate the politically correct arfing they call profundity. They know how to frown at the words, “strip mine,” while waving away the subject of unemployed miners, who they never face eye-to-eye. They know the correct disapproval to show for the rural poor’s smoking wood-stoves, and the right way to clasp hands and smile as wind turbines kill eagles. They rumple brows over a tenth of a degree rise in world temperatures they can’t feel, enacting legislation that chills the homes of the poor they never meet ten to twenty degrees.

The fact such legislated “energy poverty” is barking mad was already proven, by an increase in the death rate of the elderly in England by 30,000 in the winter of 2012-2013. The elderly of England could not afford both food and fuel, and didn’t get enough of either. Because the old can’t withstand cold, especially when hungry, and because a common cold can swiftly turn to pneumonia, turning down the heat meant death for 30,000.

What sort of savage society of primitive cannibals allows its elderly to be treated in such a vile manner? It was to avoid such barbaric treatment that FDR created Social Security in the first place. His grave must rumble with a rolling sound, now. To have intentionally brought such misery down upon the general population is the behavior of the certifiably insane. The English leaders were barking mad, and now Washington wants to copy them.

The oncoming hardship, bad enough in an ordinary winter, may be worsened by an especially brutal winter. In theory an El Nino might warm the planet, as a whole, by a tenth of a degree, but in fact an El Nino Modoki, (which is expected,) may warm other areas but brings exceptional cold to one particular part of the planet: The eastern and central United States. Some runs of some models foresee a winter as bad as 1976-1977, which was so vicious it prompted people back then to talk of “a coming ice age.” It is to be hoped these model runs are wrong (as they often are) but what if they are not? Assume the attitude of an Alarmist, and imagine that the models are right. We are then facing a crisis.

Our government seems exceptionally incapable of dealing with such a crisis, for it lives in a landscape of delusion. It does not care for the elderly; it cares about being re-elected. The oncoming winter could loom like the black shroud of the Grim Reaper, and still a politician’s primary concern would be suppressing voter turnout in unfavorable districts. The best that can be hoped for is a national awakening, and a voter backlash in November, and a completely changed congress next January, but by then it will be too late.

It is conceivable, even likely, that in the face of a winter like 1976-1977, fuel prices would skyrocket, and there would be shortages, brown-outs, and even shutdowns. For many there would be no money left over, after paying for heat. There would be no so-called “disposable income.” For the poor, it would not be a matter of staying warm; it would be a matter of staying alive. Immediate action would be required, but by the time the bumbling bureaucrats came wandering back from their Christmas recess, not even a potentially vibrant new Congress would be able to kick their inertia into action before March, at which point the damage would be already done.

In the face of such a future it is high time for the American people to enact a rebellion, but not like any rebellion the powerful expect. It should be a rebellion outside the expectations of economic experts, and completely beyond the comprehension of Washington insiders and the wealthy elite. It would be beyond their comprehension because it would do what they fail to do. It would care for the elderly, and care for neighbors.

Considering all too many Americans don’t even talk to their neighbors, such a rebellion might seem impossible, however Hitler did not think it was possible Londoners could withstand his Blitz, yet they slept in subways, and those of Hitler’s advisers who guaranteed London’s despair, due to people sleeping in subways, were flabbergasted by an increase in high spirits, as the English people rebelled against the barking mad oppressor raining bombs from their skies.

The rebellion I envision doesn’t involve raining bombs or sleeping in subways. It merely involves sleeping at a neighbor’s, or having several elderly neighbors sleep at your house. It involves the simplest economics, which is that if you turn off the heat and electricity and drain the water pipes, and move in with your neighbor, the two of you will together only need to pay half as much for heat, if you share the costs. In cases where three households can fit into a single house, you would only pay a third the cost. Nor would such an arrangement be permanent. To be most effective, it should last only sixty days, from just after Christmas to before the first of March. These sixty days involve the cruel heart of winter, when heating bills are most likely to ruin a budget. If you could put up with your neighbor only that long, think of the money you’d save!

Of course, getting along with neighbors is no easy task. If the younger adults question the old-timers, they might learn about neighbors called “hippies” who lived with neighbors in places called “communes,” and learn about lots of things you should avoid doing. However likely they wouldn’t learn what to do to make the situation work, for most communes were abysmal failures. Getting along with neighbors is no easy thing, even for only sixty days.

However the Londoners, sleeping in subways during the Blitz, were sustained and derived relish from the simple fact they were defying Hitler. Perhaps the same relish might make neighbors more able to tolerate neighbors in modern times, for surely such behavior on the part of the American people would shock the socks off the barking mad in Washington. It is beyond the limits of their feeble minds, for they prove they are incapable of comprehending neighbors caring for neighbors, when they fail to care for constituents.

Just imagine what the effect would be, if my idea caught on. When the oil delivery man came down a street with ten houses, he would not deliver oil to all ten, but to only five, or even only four.   Because he delivered less, rather than the oil price going up, it would go down, due to the laws of supply and demand.

Even better is to imagine the consternation in Washington. They depend, in part, on a tax collected with each gallon of oil and propane delivered. If only half as much oil and propane is delivered, they collect only half as much tax.   It is tantamount to them opening their pay envelope on payday, and seeing their paycheck is only half as large as they expected.

They will deem this a serious problem. Fortunately, they are such dunderheads they will never see it coming, and by the time they wake up the sixty days will be past, and everyone will be back in their own houses, innocently whistling.

I imagine that at this point the elite will be absolutely furious. How dare the American people behave as if they are independent and free! How dare they be so ungrateful as to pay fewer taxes!   Laws must be passed to prevent this rebellious behavior! If the new congress does not pass the laws, the EPA will do it! Laws against the cohabitation of neighbors must be written in stone! Climate scientists must be hired to prove cohabitation causes Global Warming! (This may seem like an irrational response, but you need to remember these people are barking mad to begin with.)

They may even say it is better for people to freeze alone than to cohabit in a warm, shared, happy household. At their glittering parties they will nod in agreement about how cohabitation stresses leech fields and septic systems, and must be banned. Others will state cohabitation spreads infectious diseases, and must be banned. Whatever they say will seem sublimely logical, to them. However whatever they say will increasingly look like bunkum, to an American people who neither died of infectious diseases nor destroyed their leech fields, during their sixty-day, Gandhi-like, nonviolent rebellion.

However, just to be on the safe side, those with legal inclinations should perhaps prepare some legal briefs beforehand, arguing that religious freedom is involved. It doesn’t matter if they are atheists, they can point out Christianity makes a big deal about loving neighbors, and that “loving your neighbor as yourself” is right up there with worshiping the Creator, among Christians.

Not that we Americans care all that much about our neighbors. What we care for is our own independence and individuality. However, through the wisdom of our forefathers, we also know that we had better care for the independence and individuality of our neighbors, and stand united, or we will fall divided, for if our neighbors lose their independence and individuality, so will we.

So important is this concept that those with legal inclinations should likely figure out a way to file a lawsuit even before the EPA bans cohabitation. The best defense is a good offence, after all. The rest of us, who are not so legally inclined, should likely have some talks with the neighbors we never wanted to bother, and have never before gotten to know, during these Halcyon days of summer.

Scoffers will say my proposal will never work. (Likely their neighbor has halitosis and seldom changes his or her socks.) However when dealing with the barking mad you need to bark back. (Though you might like to allow your neighbor to live as he chooses, you need to tell him that for sixty days he should brush his teeth and change his socks.) However I think my idea just might work, due to something I noticed in my study of the London Blitz.

While the history of the English People, from the death of Queen Victoria to the eventual death of Queen Elisabeth II, largely looks like a free fall from huge responsibility to irresponsibility, from power to powerlessness, from grandeur to meaningless obscurity, they did have one moment when they, and no one else, stood utterly alone and took on an evil we cannot imagine. It truly was their “finest hour.”

Next time you are filled with self-pity about high heating bills, or about being stuck in a traffic jam, or about having a neighbor with halitosis, pause and imagine London during the Blitz. Every day bombs rained from the skies. Every day people you knew died. However rather than self-pity a defiance grew. Their motto was, “We can take it,” but what possessed those people to make up such a motto? The best description I ever heard, of what possessed London, simply called it “A White Heat.”

It was a moment in history when it was not America who stood up for Freedom, the English did. That class-ridden, moribund, down-falling society stood for Liberty when America didn’t. And why? Because of “A White Heat.”

As a poet, I love that description, “A White Heat,” but as a scientist I am appalled, for no thermometer can measure it. Even as a pseudo scientist and psychologist I am made nervous, for psychology seldom talks of a goodly power that can take on Hitler and shame him to suicide.

Christians would likely assert “A White Heat” is a gift from God given to those who take on evil, but because I don’t want to alienate goodly atheists, I’ll just state that if you stand by Truth, Truth stands by you. It is the strangest thing, for I am a pragmatist who prefers a large woodpile to standing by a cold stove expecting “White Heat”, but I’ve seen this over and over in my life: If you tell a lie, it haunts you and tracks you down, but if you tell the truth, though you may get sneered at and jeered at and even fired, in the long run you get “A White Heat.”  Scoffers can doubt, and point out 30,000 elderly in England felt no “White Heat” this side of Glory, but it is also true people do not take kindly to politicians telling them to freeze, and it it does not take much for a smoldering public to blaze into Light.

I confess I am counting on this unscientific “White Heat” to help out, when I make my proposal that neighbors love neighbors to the degree where they can abide together for sixty days. I know what can go wrong, for I am an old man who remembers the debacles of hippie communes. I furthermore know anyone who had to live with me for sixty days would be sorely tested. However the redeeming thing is that the sixty days would annoy the heck out of the elite in Washington. The sublime satisfaction of annoying such extremely annoying people would make even putting up with me worth it. In fact, it might turn the living situation into a sort of party, quite enjoyable due to the presence of “White Heat.”

In conclusion, that is my proposal. We need to condescend to love our neighbors for sixty days. If others have other ways we might respond to leaders who are barking mad, I am eager to hear their proposals. However I hope we can agree on this: The leadership is barking mad, and it is time to bark back.

Political Correctness….Out of Control! This’ll make you chuckle!

NFL NAME CHANGE

 

Here is an email sent to Clarence Page of the Chicago Tribune after an article he published concerning a name change for the Washington Redskins.

Dear Mr. Page…

I always love your articles and I generally agree with them.  I would suggest, as in an email I received, they change the name to the “Foreskins” to better represent their community, paying tribute to the dick heads in Congress.

Here are some other politically correct issues to consider: I agree with our Native American population. I am highly insulted by the racially charged name of the Washington Redskins. One might argue that to name a professional football team after Native Americans would exalt them as fine warriors, but nay, nay. We must be careful not to offend, and in the spirit of political correctness and courtesy, we must move forward. Let’s ditch the Kansas City Chiefs, the Atlanta Braves and the Cleveland Indians.  If your shorts are in a wad because of the reference the name Redskins makes to skin color, then we need to get rid of the Cleveland Browns.

The Carolina Panthers obviously were named to keep the memory of militant Blacks from the 60’s alive. Gone.  It’s offensive to us white folk.

The New York Yankees offend the Southern population. Do you see a team named for the Confederacy?  No!  There is no room for any reference to that tragic war that cost this country so many young men’s lives.

I am also offended by the blatant references to the Catholic religion among our sports team names.  Totally inappropriate to have the New Orleans Saints, the Los Angeles Angels or the San Diego Padres.

Then there are the team names that glorify criminals who raped and pillaged.  We are talking about the horrible Oakland Raiders, the Minnesota Vikings, the Tampa Bay Buccaneers and the Pittsburgh Pirates!

Now, let us address those teams that clearly send the wrong message to our children. The San Diego Chargers promote irresponsible fighting or even spending habits. Wrong message to our children.

The New York Giants and the San Francisco Giants promote obesity, a growing childhood epidemic. Wrong message to our children.

The Cincinnati Reds promote downers/barbiturates . Wrong message to our children.

The Milwaukee Brewers—well that goes without saying . . . Wrong message to our children.

So, there you go.  We need to support any legislation that comes out to rectify this travesty, because the government will likely become involved with this issue, as they should.  Just the kind of thing the do-nothing Republican congress loves . . .

As a diehard Oregon State fan, my wife and I, with all of this in mind, it might also make some sense to change the name of the Oregon State women’s athletic teams to something other than “the Beavers.”

 

Agenda 21 Means, Everything you have, is Up for Grabs…

Submitted by Phoenix Capital Research on 07/10/2014

Behind the veneer of “all is well” being promoted by both world Governments and the Mainstream Media, the political elite have begun implementing legislation that will permit them to freeze accounts and use your savings to prop up insolvent banks.
 
This is not conspiracy theory or some kind of doom and gloom. It’s basic fact.
 
When a Cyprus bank went bust in 2013, the Government SEIZED 40% of ALL SAVINGS DEPOSITS OVER €100,000.
 
Here’s the timeline:
 
·      June 25, 2012: Cyprus formally requests a bailout from the EU.
·      November 24, 2012: Cyprus announces it has reached an agreement with the EU the bailout process once Cyprus banks are examined by EU officials (ballpark estimate of capital needed is €17.5 billion).
·      February 25, 2013: Democratic Rally candidate Nicos Anastasiades wins Cypriot election defeating his opponent, an anti-austerity Communist.
 
The initial stage of this took over six months to develop. But once things got hairy, the seizure took place over the course of ONE WEEKEND.
 
·      March 16 2013: Cyprus announces the terms of its bail-in: a 6.75% confiscation of accounts under €100,000 and 9.9% for accounts larger than €100,000… a bank holiday is announced.
·      March 17 2013: emergency session of Parliament to vote on bailout/bail-in is postponed.
·      March 18 2013: Bank holiday extended until March 21 2013.
·      March 19 2013: Cyprus parliament rejects bail-in bill.
·      March 20 2013: Bank holiday extended until March 26 2013.
·      March 24 2013: Cash limits of €100 in withdrawals begin for largest banks in Cyprus.
·      March 25 2013: Bail-in deal agreed upon. Those depositors with over €100,000 either lose 40% of their money (Bank of Cyprus) or lose 60% (Laiki).
 
The most important thing I want you to focus on is the speed of these events once things hit the fan. Cypriot banks formally requested a bailout back in June 2012. The bailout talks took months to perform. And then the entire system came unhinged in one weekend.
 
One weekend. The process was not gradual. It was sudden and it was total: once it began in earnest, the banks were closed and you couldn’t get your money out (more on this in a moment).
 
Cyprus is not some freak occurrence that could never happen anywhere else. The IMF has suggested to Governments around the world that they do the same (meaning STEAL deposits).
 
Again, this is not conspiracy theory. Germany just passed legislation that would permit PRECISELY this.
 
BERLIN–Germany’s cabinet Wednesday approved plans to force creditors into propping up struggling banks beginning in 2015, one year earlier than required under European-wide plans that set rules for failing financial institutions.
 
The new bail-in rules are part of a package of German legislation on the European banking union–an ambitious project to centralize bank supervision in the euro zone and, when banks fail, to organize their rescue or winding-up at a European level.
 
Germany “leads the way” in Europe by implementing European rules quickly and “creates instruments that allow the winding-down of big systemically relevant institutions without putting the financial stability at risk,” the country’s finance ministry said in its draft bill seen by The Wall Street Journal.
 
 
So… Germany is “leading the way” in promoting plans to do a “bail-in.” What is a “bail-in”? A “bail-in” is when bank accounts are frozen and then seized in order to prop up the bank… a “bail-in” is what happened in Cyprus. It is when savings are STOLEN.
 
The explanation given to those with money in the bank?
 
In common speak, “you can either give us 40% of your savings to keep the bank afloat or the bank collapses and you’re left with NOTHING.”
 
We also want to point out that the above article indicates Germany moved to implement this ayear early in 2015 instead of waiting until 2016.
                                                                                                                     
Quick question…
Why would Germany want to rush in legislation that would allow it to freeze bank accounts and seize assets to prop up bankrupt financial institutions? Is it because everything is fine in Europe?
 
If you think this couldn’t happen elsewhere you are wrong. Canada, New Zealand and even the UK and US have proposed similar measures. The next time stuff hits the fan, savings will be on the hook, not the Central Banks.
 

via ZH

De-bugging the Climate Alarmists’ Nonsense? No Problem, for this guy!!!

I’m used to working on very difficult problems, like the most complicated electronic circuitry on the planet.

ScreenHunter_994 Jul. 13 09.50

This award was from the IBM/Motorola/Apple Power PC design team in Austin, Texas, which developed the brain of Macs and Playstations for many years.

Microprocessor designs have to be perfect. They can’t make any mistakes, ever. Modern designs contain billions of transistors, and every one of them has to work perfectly – all the time. The way you become a “Debug God” is by analyzing the design through many different approaches. Any single methodology is inadequate and doomed to failure, so I developed and utilized dozens of different methodologies to make sure that no bugs slipped through. During my 20 year career designing microprocessors, no silicon bug was ever found in any part of any design which I worked on.

By contrast, finding flaws with adjustments to the temperature record is like shooting fish in a barrel.  The work being done would fail any reasonable high school science class. It is a complete joke, and doesn’t even vaguely resemble science.

The mistake people keep making is using the same broken methodology to verify the original broken methodology. In order to find problems, you need to analyze the data from many different angles.

No methodology is perfect, but a straight up average of raw temperatures is the simplest, cleanest and most effective way to spot trouble. It may be less precise than other methods, but exposes potential fundamental issues related to accuracy. Once you start gridding, adjusting and infilling, you can no longer see the forest for the trees – and you are lost.

Countries need to Follow the Aussies Lead. Stop the Financial Suicide!

Jennifer Westacott: Time to End Poorly-Designed Energy Policy

Jennifer Westacott

Jennifer Westacott is the chief executive of the Business Council of Australia and has extensive policy experience in both the public and private sectors. She has occupied critical leadership positions in the New South Wales and Victorian governments. This weekend she wrote in The Australian about the devastating impact of poorly-designed energy policy on businesses and energy consumers – and the necessity to make changes now.

Repeal carbon tax to reclaim our lost advantage in energy
The Australian
12-13 July 2014

NEXT week we hope to finally get rid of a piece of badly designed public policy that has placed a serious drag on our economy — the carbon tax.

Coming from the power sharing deal between the former government and the Greens, it was a creature of a political compromise and resulted in the highest carbon tax of any country in the world. It’s not that we shouldn’t have taken action on climate change, but the carbon tax was poorly designed, it was unworkable and an example of a very poor policy process.

We might be able to farewell the carbon tax, but it is just one of a long line of green energy policies which federal and state governments have layered on top of one another that are driving up the cost of electricity.

It is the cumulative impact of these policies that is pushing up the cost of electricity and making our businesses less competitive.

Repeal of the carbon tax therefore must be the beginning of removing shortsighted schemes and programs, and the start of a process to design an integrated approach to climate change and energy policy that supports rather than weighs down our economic competitiveness and jobs.

Let’s get some facts on the table about the real costs of green energy policies on the economy.

Analysis for the Business Council by Synergies Economic Consulting and Roam Consulting of actual electricity prices across the mainland states of the National Electricity Market shows that the cost of electricity has more than doubled in the last 10 years.

This will not come as news for anyone opening their electricity bill each quarter, but what is startling about the analysis is the extent to which a plethora of green energy policies have collectively driven up the cost of electricity, particularly for business who are large consumers of electricity.

The research shows that together, the carbon tax, the Renewable Energy Target, and state-based energy efficiency schemes now account for up to 40 per cent of the total electricity bill for a large business that does not qualify for government assistance, such as non trade-exposed manufacturing, dairy farms, retail outlets and office buildings.

Even for businesses that do receive government assistance, the total cost of green energy policies on their electricity bill is 17-25 per cent. There are thousands of businesses that face the brunt of these higher costs. This erodes the competitiveness of Australia relative to the rest of the world and will be a direct hit to the living standards of all Australians.

For households, the research shows that green energy policies account for 11 per cent of an average household electricity bill. The carbon tax alone is estimated to have accounted for 6 per cent of a household electricity bill and 20 per cent for a large business, less for those that qualify for government assistance.

On top of this, the RET is estimated to cost up to almost 10 per cent of a typical electricity bill for a large business that does not receive any exemption, and 3 per cent of a typical household electricity bill.

State-based schemes, including feed-in tariffs and energy ­efficiency schemes, account for 2 per cent of a household bill and up to 12 per cent of a large business bill — for which there is no compensation available.

What the cumulative cost of these schemes highlights is that when climate change policies are developed in isolation of energy policy, it adds to the cost of reducing emissions and ultimately consumers pay more for electricity than they otherwise should.

Good energy policy should deliver reliable and competitively priced energy in the long-term interests of consumers, and include climate policy that enables lowest-cost emissions reduction that keeps us competitive with the rest of the world.

Business and households remain in the dark as to when the high-cost carbon tax will be repealed as politicians debate trade-offs with the Palmer United Party to rescind the tax. Businesses are increasingly concerned that the proposed PUP amendments will bring new levels of complexity and red tape. If the parliament is serious about reducing electricity costs, a speedy repeal with a workable process to ensure reduced electricity prices are reflected in household bills is required.

Repealing the carbon tax is the first step to putting Australia on track for an integrated approach to climate change and energy policy that supports economic competitiveness and jobs. Australia should work to reclaim our comparative advantage in energy while reducing greenhouse gas emissions in line with global ­efforts, by:

1. Providing access to least cost abatement through international permits and getting the design of the emissions reduction fund right.

2. Amending the RET to a true 20 per cent of demand by 2020 and discontinuing the scheme once all liabilities are met in 2030.

3. Integrating climate change and energy policies as part of the government’s energy white paper.

4. Ensuring that future climate change and energy policies look at the cumulative impact of new policies on the cost of energy to households, businesses and the economy as a whole.

5. Completing the outstanding energy market reform agenda initiated by the Hilmer Review, including privatising energy assets, deregulating retail prices, adopting more uniform and economically efficient reliability standards and moving to more cost-reflective electricity tariffs.

With Australia’s competitiveness slipping, and with many businesses, families and individuals struggling, it is vital that the parliament develop consensus on the big issues facing our country such as our demographic changes, the rise of technology and our declining competitiveness.

Reaching a degree of bipartisanship on the critical principles on energy and climate change policy will ensure we play our role in global efforts to reduce greenhouse gas emissions while we reclaim energy as a comparative advantage for Australia in this increasingly competitive world.

The Australian

The mandatory RET/REC scheme is nothing more then a giant TAX on all Australian power consumers: with the proceeds either channelled as corporate welfare to near bankrupt outfits like Infigen (as RECs); or pocketed by the Government, as the shortfall charge. And all of that adding $50 billion or more to power costs, for absolutely no measurable benefit whatsoever.

The mandatory RET must go now.

electricity-price-rise

Scotland’s Energy Policies are NOT Feasible, Sensible, or Sustainable!

Brian Wilson: Storm clouds gather over energy

Hunterston B nuclear power station will not be replaced when its lifespan expires Picture: Donald MacLeod

Hunterston B nuclear power station will not be replaced when its lifespan expires Picture: Donald MacLeod

  • by BRIAN WILSON
The latest self-indulgent waste of taxpayers’ money to emerge from St Andrew’s House carries the portentous title Energy Regulation in an Independent Scotland, prepared by an “Expert Commission”.

 

The clue is in the title. However “expert” these people might be, they were not entrusted with their own agenda. They were not invited to advise on whether independence makes the slightest sense in the energy context. Their remit was restricted to the hypothesis of Scotland having voted to separate.

At that point, their response becomes comical in its evasion of hard questions. Essentially, their conclusion is that everything should carry on as at present because it is in Scotland’s interests that it should. The inconvenient fact that the UK government insists the exact opposite would happen is simply ignored.

As with the currency, there is to be no “plan B”. The rest of the UK will continue to buy Scotland’s electricity output, no matter what it costs. Full stop. There is no consideration of what Scotland would be left with if they declined to do so which, in the view of my own “expert commission” is a racing certainty.

Let’s look at the Scottish Government’s existing energy policy which can be summarised as follows:

1. They hate nuclear power and there will be no replacement for Hunterston B and Torness until hell freezes over.

2. They neither know nor care what will replace the base-load from Scotland’s four thermal power stations, all due to close within a decade, since that’s tomorrow’s problem.

3. The answer is that it will probably come from England via the inter-connector but with a bit of luck the hated Hunterston B and Torness will keep going long enough to avoid that embarrassment for a few years yet.

4. English consumers will continue to fund Scottish renewables, via open-ended subsidy and infrastructure costs, regardless of whether or not we are living in separate states.

5. Er… that’s it…

The central conclusion of the Expert Commission that it would be a jolly good idea to retain a single market in electricity within our small island need not have detained them long. Who could disagree? Certainly not the English generators who will be delighted to pump as much electricity as we want into Scotland as soon as we are daft enough to have put ourselves in the position of requiring it.

Even the Expert Commission summoned all its courage to note this prospect, buried on page 34 of the report: “Under current forecast scenarios of high renewable generation installation in Scotland and closure of current coal and nuclear generation, Scotland is likely, at time of low renewables availability, to import electricity from rUK in order to continue meeting demand.”

For the past half century, Scotland has been an exporter of electricity to the rest of the UK, due mainly to our nuclear stations. Last year, we exported more than a quarter of what was produced. The triumph of Nationalist policy will be to turn us into an importer. That matters less while we are part of the same state and market but would matter – and cost – a great deal if we were not.

While importing base-load from south of the new Border, we would try to sell them our renewables. But why should they buy them? On this point, the Expert Commission is magnificent in its vagueness, dancing round the essential point that there would be no requirement whatsoever for the UK government to subsidise Scottish renewables. This was confirmed recently by the European Court of Justice in a case involving Sweden and Finland.

“An independent Scotland’s ability to maintain course towards the renewable targets and aspirations set by the current Scottish Government,” chunters the report, “will hinge on clarity as early as possible regarding continuity of current and proposed market mechanisms….”. Ah, what we need is clarity! But what if the clarity is summed up as: “No thanks – and even if we wanted to subsidise expensive Scottish renewables, our voters wouldn’t stand for it now that you’ve chosen to walk away.”?

Answer comes there none, but even the Expert Commission acknowledges there might be limits to the costs which “rUK” would pay. So what is their masterly answer to this multi-billion pound dilemma? Rest easy for the Expert Commission has sagely decreed: “These are questions which a robust agreement and strategic energy partnership between Scottish and rUK Governments will need to define”. Loosely translated, that means: “We’re sorry, we haven’t a clue”.

Casting around for precedent, the Expert Commission alights improbably on Ireland where there is a cross-border electricity market. But crucially, as they neglect to point out, there is no shared regime on subsidising renewables. All the Irish example does is confirm that Scotland would be left with a surplus of renewable energy – mostly from onshore wind farms – but without the subsidy base which currently sustains it.

I heard Alex Salmond sound-biting about Scotland as an exporter of electricity – shameless as ever, given that the surplus comes from nuclear – while England is “facing black-outs”. Ipse, they would continue to buy power from Scotland, he asserted. Well, they might buy power – they just wouldn’t subsidise our renewables, which is all we will have to sell.

England and Wales already import more power from mainland Europe than from Scotland. By 2020, the inter-connector between the UK and Europe will have doubled capacity. They will not need electricity from Scotland. Neither, according to National Grid’s evidence to the DECC Select Committee, do they need a low-carbon contribution since the biggest renewable energy projects now happening are offshore wind farms in the shallower waters of the south.

It is a pity that the Expert Commission did not break free of its shackles in order to tell the truth, which is (a) there is not the slightest reason to believe that UK Continuing would force its consumers to subsidise expensive Scottish renewables; (b) the only hope for the Scottish renewables industry is to remain part of the UK market, with subsidy to match; and (c) Scotland desperately needs a balanced energy policy rather than daft over-reliance on renewables.

I doubt if any member of the Expert Commission would disagree with a word of that. They should say so.

Incidentally, in the real world yesterday, Ofgem approved a £1.2 billion subsea link between Caithness and Moray. Anyone fancy funding that kind of investment, multiplied many times over, from within Scotland alone?

Novelty Energy Forms, Wind & Solar, Won’t Save our Planet….Think Gas….

Bjørn Lomborg: Want to Save the Planet? It’s a Gas.

Bjorn-Lomborg-wsj

Bjørn Lomborg: the Skeptical Environmentalist.

When it comes to assessing the costs, risks and benefits of environmental policy Bjørn Lomborg has always tried to provide balanced, detailed analysis supported by facts and evidence. The economic choices we make – about allocating scarce resources to unlimited wants – should – as Lomborg consistently points out – be made taking into account all of the costs weighed against properly measured benefits (see our post here).

Bjørn Lomborg has become one of the most high profile critics of insanely expensive and utterly pointless renewable energy policies across the globe (see our posts here and here).

Bjørn’s back –  in this piece extracted from The Australian.

Gas is greenest in the short term (truncated)
The Australian
Bjørn Lomborg
12-13 July 2014

… We often hear how the EU has managed to cut its emissions by 16 per cent since 1990. But this is true only if we ignore the implicit emissions from the increasing imports from China and elsewhere. The EU has simply shifted part of its emissions abroad, so the total emissions have been slightly increasing. The EU is committed to cutting carbon emissions by 20 per cent below 1990 levels by 2020. This will, according to an averaging of all the available energy-economic models, cost $US280bn a year. By the end of the century (after a total cost of more than $US20 trillion), this will reduce the projected temperature increase by a mere 0.05C.

Although renewables such as solar and wind are sold almost universally as the panacea to global warming, the world has been trying to get away from renewables for the past 200 years. In 1971, 40 per cent of China’s energy came from renewables. Since then, explosive economic growth has brought solar and wind to a trifling 0.23 per cent of its energy production. By contrast, Africa gets 50 per cent of its energy from renewables and remains poor.

The overwhelming part of biomass — essentially wood and dung — has remained constant since 1971. It is the cause of up to 4.3 million global deaths from indoor air pollution. Hydro has stayed constant at about 2 per cent and geothermal at 0.5 per cent. The only real change has been the dramatic introduction of CO2-free nuclear energy in the early 70s, going from powering less than 0.5 per cent to almost 7 per cent. It has fallen somewhat out of favour, reducing its proportion to just 5 per cent.

Despite the other 81 per cent composed of fossil fuels, almost the only thing anyone talks about is the smallest sliver: the increase in solar photo­voltaic, thermal, wind, tidal, wave and ocean power, which today makes up just less than 0.5 per cent.

The price for these renewables is significant. The annual investment is estimated at $US359bn, mostly for solar and wind, which the IEA estimates are subsidised for about $US60bn more than they’re worth. The net effect of one year of subsidised solar and wind is to postpone global warming by little more than one day by the end of the century.

Renewables are likely much more expensive than their direct subsidies for two reasons. First, solar and wind need back-up power for when the sun doesn’t shine and the wind doesn’t blow. This means building almost an entire parallel, but only partially used, fossil-fuel infrastructure to handle peak energy demands. These costs are presently not attributed to renewables. Second, higher energy costs mean lower economic growth. That is why the EU’s 20 per cent renewable target will have a cost almost 10 times higher than the direct subsidies.

This is why Brookings Institute recently found that to cut CO2, it is by far the cheapest to replace coal with gas, as gas is cheap and emits less than half the CO2 per kilowatt hour. Wind and especially solar leave us worse off, even with a very high carbon tax.

And that is why it is terrible when well-intentioned people suggest powering the Third World with renewables. A new paper from the Centre for Global Development puts it clearly. If we want to help electrify the world for $US10bn, we can use it on gas and lift 90 million people out of poverty. If we use the $US10bn on renewables, we will help only 20 million people, leaving the rest in darkness and poverty.

It is not surprising that Brookings suggests we should replace coal with gas in the rich world and the Centre for Global Development that we should get gas to the poor world. Because the US is showing what gas can do.

Look at the dramatic reduction in US emissions since 2008. This shows that there is one other solution to CO2 apart from wars and recessions: fracking, a new technology to get gas out of the ground cheaper and more plentifully.

In the past six years, about 20 per cent of US coal electricity has been replaced by cheaper gas, leading to a substantial CO2 reduction. Of course, not all the US reduction is due to cheaper gas, as there was also a recession and more wind power.

The most detailed study to date indicates that gas has cut about 300Mt of the annual US CO2 emissions. Compare this to the fact all the wind turbines and solar panels in the world reduce CO2 emissions at a maximum by 275 Mt. In other words, the US shale gas revolution, by itself, has reduced global emissions more than all the well-intentioned solar and wind in the world.

To compare it with President Barack Obama’s recent plan to reduce coal-fired power plants, in the past six years fracking has achieved about two-thirds of the total reduction Obama’s plan is contemplating the next 16 years.

Moreover, fracking is not costing money but saving the US consumer $US125bn annually in cheaper energy prices. Since cheaper energy also increases economic growth, the total economic benefits are estimated at $US283bn annually, creating 2.1 million new jobs.

Fracking has local environmental issues, but these can all be addressed with good regulation. Unlike the ever costlier renewable subsidies that sooner or later will hit the iron law, fracking works because it not only cuts CO2 but makes gas cheaper, improves the economy and create unsubsidised jobs. The long-term solution to climate change is to invest much more in green energy innovation. As long as green energy is much more expensive than fossil fuels, it will always remain a niche, subsidised by rich countries to feel good. If innovation can make future green energy sources cheaper than fossil fuels everyone will switch. Economic models show that green energy R&D is by far the best long-term climate policy.

The Australian

gas

Another Disgusting “Education” Liberal Trying to Lead our Children Astray!

Teacher watchdog chair faces misconduct charges

Former college of teachers discipline chair charged with professional misconduct.

 
 

The Ontario College of Teacher’s former discipline chair is facing charges of professional misconduct for authoring a soft porn book containing “sexually explicit content” involving Grade 9 students and negative descriptions of teachers.

Jacques Tremblay’s role at the college and his co-authorship of The Sexteens and the Fake Goddess were exposed in a 2011 Toronto Star investigation.Tremblay resigned his role as discipline chair almost immediately and the college began a probe.

No date has been set for his hearing. Tremblay did not respond to a request for comment.

His book is a lurid tale of striptease, breast fondling, bum grabbing, orgasms, drugs and blackmail that features a deputy headmaster who sweeps a sex assault under the carpet and tells male students at a pep rally that if he were younger he would have sex with all the girls in the audience. Another teacher gives a boy advice on French kissing and as the plot unfolds we learn that the deputy headmaster (Harry Dick) and a third teacher once had a threesome with a female student.

In the notice of hearing in the Tremblay case, college investigators accuse him of “dishonourable” conduct and allege the book includes “sexualized descriptions of students.”

Tremblay “permitted the marketing of the novel to teenagers . . . despite the fact that he knew or ought to have known that material in the novel was inconsistent with the standards, values or goals of the teaching profession and/or the education system,” according to allegations filed by the teacher regulator.

Until his resignation, Tremblay had presided over cases that dealt with teachers alleged to have violated the trust of students and the public through sexual assault, verbal and physically abusive attacks, or incompetent behaviour.

The Star uncovered Tremblay’s book and his role on the committee as part of an investigation into the way discipline was carried out at the college. The Star found the college was increasingly shielding bad teachers by keeping their names secret. The secrecty policy changed following the Star investigation.

Tremblay, who has for years been a teacher in Eastern Ontario, was chair of the discipline committee from 2006 to 2011. The Sexteens was published in 2008.

In 2011, Tremblay told the Star that his work as an author was separate from his “public interest” work at the College. He said The Sexteens book “is meant to empower teenagers, to encourage them to be strong and resist or avoid peer pressure,” and that the book has “been endorsed by parents and educators.”

The book was co-written with two others, one of them Tremblay’s wife. It is still available on Amazon.ca, where a review notes: “This is a great book, but one of the authors was fired. He was the person in charge of disciplinary action against teachers in Toronto Canada. Writing about teenagers having sex with teachers was too much for the public to accept from someone that works in a job related to education.”