Tag: EPA

California environment overregulation sole cause of shipping backup

3:32 pm

California environment regulations that ban the use of any truck more than three years old, essentially banning half of all fleet trucks and practically all small private truck companies, is the real cause of the shipping backlog that is piling up outside the ports of Los Angles and Long Beach.

This banning was established by a deal the EPA made with California in October 2020, when Trump was still president.

In effect, what this 2020 determination and settlement created was an inability of half the nation’s truckers from picking up anything from the Port of LA or Port of Long Beach. Virtually all private owner operator trucks and half of the fleet trucks that are used for moving containers across the nation were shut out.

In an effort to offset the problem, transportation companies started using compliant trucks (low emission) to take the products to the California state line, where they could be transferred to non-compliant trucks who cannot enter California. However, the scale of the problem creates an immediate bottleneck that builds over time. It doesn’t matter if the ports start working 24/7, they are only going to end up with even more containers waiting on a limited amount of available trucks.

Essentially, California is now holding the entire nation hostage. The backlog is only going to get worse. Moreover, the deal as designed favored big operations, such as Amazon, Walmart, UPS, FedEx, Samsung, The Home Depot and Target, because they can afford the extra costs of shipping to alternative ports. The small companies are essentially shut out.

So much for protecting the little guy, Mr. Trump. This highlights again Trump’s primary failure. He did not clean house when in office, and thus allowed the bureaucracy — clearly operating as agents of the Democratic Party — to double cross and stymie him at every opportunity.

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Trump scraps academic EPA air pollution panel

9:39 am

The head of EPA in the Trump administration has scrapped the academic EPA air pollution panel that has dominated the agency’s air quality control standards for decades.

Andrew Wheeler, the acting chief of the U.S. Environmental Protection Agency (EPA), yesterday fired a panel of scientific experts charged with assisting the agency’s latest review of air quality standards for particulate matter. He also scrapped plans to form a similar advisory panel to aid in a recently launched assessment of the ground-level ozone limits.

Those steps, coupled with Wheeler’s previously announced decision to concentrate authority in a seven-member committee made up mostly of his appointees, quickly sparked objections that the agency is intent on skewing the outcome of those reviews in favor of industry.

…Under the Clean Air Act, EPA is supposed to review the adequacy of the standards for particulate matter, ozone and four other common pollutants every 5 years with help from outside experts. While the seven-member committee, officially known as the Clean Air Scientific Advisory Committee (CASAC), has the lead in the process, the [scrapped] review panels are supposed to provide additional know-how in assessing the relevant scientific literature, which can span a variety of academic disciplines.

Essentially the acting administrator is continuing the effort of the former EPA head, Scott Pruitt, to de-emphasize the domination of the leftist academic community in these matters. Naturally, the academics are screaming, but then, screaming has recently become the left’s only debating point in all matters of national discussion.

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Trump EPA proposes new power plant climate rules

10:23 am

The Trump administration has now proposed a revision to the climate rules established by the Obama administration to limit carbon dioxide releases at power plants.

President Donald Trump’s administration released a plan today to regulate carbon dioxide emissions at power plants, undercutting a much broader effort by former President Barack Obama to slash planet-warming gases.

The U.S. Environmental Protection Agency (EPA) proposal would give states wide latitude for determining how to cut greenhouse gases from the power sector, a key contributor in the U.S. to climate change. The proposed rule is far narrower than the Obama plan, which sought to cut emissions across the power sector rather than only at individual plants.

On the campaign trail in 2016, Trump promised to repeal Obama’s rule, called the Clean Power Plan. His administration stopped short of that today and is instead offering a weakened alternative to avoid a potentially damaging defeat in court.

Based on the article and the actual proposal [pdf], I am far from convinced this change reduces regulation that much. It appears to shift the regulation to the states, but whether this simplifies things for power plant operators is very doubtful.

Not surprisingly, the Democrats and various leftist environmental groups oppose the change. Expect lawsuits, since it is absolutely forbidden for any subsequent president to ever change policies set by past Democratic presidents.

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Scientists receiving EPA grants will no longer serve on EPA advisory panels

6:13 pm

EPA head Scott Pruitt today announced that any scientist receiving EPA grants will no longer be allowed to serve on three EPA science advisory panels.

In the past three years, members of the Science Advisory Board, the Clean Air Scientific Advisory Committee, and the Board of Scientific Counselors received about $77 million in direct EPA grants while serving, according to agency calculations. “Strengthening independence from EPA; increasing state, tribal, and local government participation; and adding geographic diversity and fresh perspectives will improve the integrity of EPA’s scientific advisory committees,” Pruitt told reporters, government officials, and policy analysts in attendance.

The issue is a conflict of interest. These same scientists could not fairly advise EPA since they depended on that agency for major funding. The result was that these panels would often recommend the EPA to fund research that these scientists favored and were known to focus on, thus giving them an advantage in obtaining grants. Not surprisingly, this research often pushed the theory of global-warming and anti-industry regulation. This old-boy network for funneling funds to the right people, regardless of its legitimacy, is now hopefully cut off.

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Trump administration backs off plans to end or reduce ethanol policy

9:48 am

The swamp wins: Scott Pruitt, EPA head, has retreated from his plans to reduce or end the program that subsidizes and encourages the use of ethanol in automobile gasoline.

After heavy pressure from lawmakers and other stakeholders, EPA Administrator Scott Pruitt on Thursday night sided with pro-ethanol lawmakers and said his agency will abandon many controversial changes to the nation’s ethanol mandate — prompting a top biofuels leader to claim that Mr. Pruitt apparently has had an “epiphany” over the past few days.

In a letter to seven key senators, Mr. Pruitt — who had been critical of ethanol during his time as Oklahoma attorney general — shot down several major concerns about looming adjustments to the Renewable Fuel Standard (RFS), the federal law that requires the blending of ethanol with gasoline.

The letter comes just days after Sen. Charles E. Grassley, Iowa Republican and perhaps the loudest pro-ethanol voice in Congress, threatened to hold up nominees for top-level EPA posts if Mr. Pruitt didn’t acquiesce to their demands on the RFS.

It is going to take many years to drain the swamp, since it presently holds great power and is willing to use it to maintain its corrupt control over taxpayer money.

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EPA will no longer quickly settle lawsuits with environmental activists

10:03 am

The Trump administration has decided that it will no longer quickly settle lawsuits from environmental activist groups, an Obama policy that not only provided these groups a significant amount of easy funding from the federal government but also allowed them control over the regulatory process.

This is a step in the right direction but the article suggests that EPA head Scott Pruitt set a limit on the number of lawsuits the EPA can settle. This means it can settle some suits. It also suggests that the EPA will be able to argue for settling additional suits on a case-by-case basis.

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Oh no! Climate panel might include skeptics!

10:24 am

According to this Washington Post article, the Trump administration is considering naming some skeptical climate scientists to the EPA’s Science Advisory Board, something that the newspaper, the global warming crowd, and some EPA employees apparently consider a horrible taboo.

[T]he inclusion of a handful of climate contrarians has caused early concern among environmental groups and some employees at the agency. “We should be able to trust that those who serve the EPA are the all-stars in their fields and committed to public service,” said Michael Halpern, deputy director of the Center for Science and Democracy at the Union of Concerned Scientists. He said the upcoming round of appointments will test whether EPA Administrator Scott Pruitt is “remotely interested” in independent scientific advice. “He already has a parade of lobbyists and advisers providing him with the perspectives from oil, gas, and chemical companies. The Science Advisory Board is a check on political influence and can help the agency determine whether the special interests are telling it straight.”

What I find really hilarious in reading the article is its description of the various skeptics, almost all of which are qualified climate scientists. The article quotes their skeptical positions as if these positions are the insane ravings of an idiot, but everything these skeptics say is accurate and well documented by research over the past century. For example, there is this quote:

Another scientist, Craig Idso, is chairman of the Center for the Study of Carbon Dioxide and Global Change, where he has written that “the modern rise in the air’s CO2 content is providing a tremendous economic benefit to global crop production.”

Yet another scientist, Richard Keen, is a meteorologist and author who traveled with the Heartland Institute to Rome in 2015 for a “prebuttal” to Pope Francis’s encyclical on climate change. There, he argued that “in the past 18 years and how many months, four months, there has been no global warming.” Another candidate, Anthony Lupo, is an atmospheric sciences professor at the University of Missouri. In 2014, he told a local Missouri media outlet, KOMU 8, that “I think it is rash to put the climate change completely on the blame of humans.”

Idso is correct. Crops benefit from more carbon dioxide. This is common knowledge in the agricultural community, and has been amply proven by numerous studies.

Keen is also correct. In 2015 there had been no warming for almost two decades, and that pause only ceased last year because of El Nino, and appears now to have resumed.

Lupo is also correct. The theory that human behavior is the sole cause of global warming has not been proven, and if anything, the failure of every computer model based on this theory to predict the pause in rising temperatures suggests it is wrong.

If anything, the article illustrates the ignorance of its author and the newspaper, both of whom appear completely unaware of the actual uncertainties that exist in the climate field.

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EPA stonewalls investigation into its Gold King Mine disaster

11:00 am

The EPA is refusing to release a criminal investigation by its inspector general into the 2015 Gold King mine disaster, caused by the EPA, that polluted water supplies throughout the southwest.

The EPA’s Inspector General (IG) provided the Department of Justice evidence that an employee involved in the August 2015 Gold King Mine disaster violated the Clean Water Act and made false statements. The Justice Department declined to prosecute him, the IG announced in October 2016.

The watchdog wrote a report on its completed investigation but is now keeping it secret. “The material you requested … are part of one or more open law enforcement files,” EPA IG associate counsel Susan Barvenik told TheDCNF in a letter. Producing “such records could reasonably be expected to interfere with ongoing enforcement proceedings.”

An EPA spokeswoman provided conflicting information about the probe.

In other words, the report exposed clear violations of law, but no one in Washington wants to pursue those violations and they are doing whatever they can to bury them in order to protect themselves.

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Trump administration continues to clean house at EPA

9:14 am

The Trump administration this week announced that it will not renew the appointment of 38 scientists to a key EPA science panel.

All board members whose three-year appointments expire in August will not get renewals, Robert Kavlock, acting head of EPA’s Office of Research and Development, said in the email, which was obtained by E&E News.

Because of the need to reconstitute the board, EPA is also canceling all subcommittee meetings planned for late summer and fall, Kavlock said. “We are hopeful that an updated BOSC Executive Committee and the five subcommittees can resume their work in 2018 and continue providing ORD with thoughtful recommendations and comments,” he wrote in urging departing members to reapply.

As the article notes, some Democratic pigs are squealing over this, but the Trump administration is only following the law. And considering how political and anti-business the EPA has become in recent years, a full review of all committee members seems entirely appropriate and reasonable.

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Trump administration removes members of EPA science advisory board

8:34 am

In a move related to Trump’s effort to change policy at the EPA, the administration yesterday is reported to have forced out as many as a dozen members of EPA’s 18-person Board of Scientific Counselors.

At an April meeting, the Board of Scientific Counselors discussed the importance of climate change research at EPA and “the growing need for information on, and understanding of, climate change and responses to its impacts,” according to an agenda. They also talked about the importance of considering climate change as a stressor in areas of non-climate research.

The Trump administration has already sent signals that it does not value some areas of federal research, in particular climate science and work that could lead to further regulation of the fossil fuel and chemical industries. The board had 18 members, including Richardson, who said he knew of at least one other member fired. Departures could reach a dozen, he said.

There is going to be a lot of pigs squealing about this. The big question will be whether the Trump administration will have the courage to stand up to those squeals.

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Cuts to NOAA, EPA, and the environmental bureaucracy

8:57 am

Two articles today outline some of the proposed cuts the Trump administration is considering for the EPA and NOAA and their generally bloated and politicized administrative bureaucracies.

The first article focuses on the proposed cuts to the EPA, which would reduce the overall budget to that agency by about 25%.

The Trump administration wants to cut spending by EPA’s Office of Research and Development (ORD) by more than 40% from roughly $510 million to $290 million, according to sources that have seen preliminary directives from the White House’s Office of Management and Budget (OMB). The cuts target scientific work in fields including climate change, air and water quality, and chemical safety. EPA’s $50 million external grant program for environmental scientists at universities would disappear altogether. Such erasures represent just part of a larger plan to shrink EPA’s budget by 25% to $6.1 billion, and cut its workforce by 20% to 12,400 employees, in the 2018 fiscal year that begins 1 October.

The second article focuses on proposed cuts aimed at NOAA and within the Commerce Department, with cuts in specific departments ranging from 5% to 26%, with an overall cut to NOAA of 17%.
» Read more

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EPA employees protest Trump pick for agency head

5:57 pm

The law is such an inconvenient thing: In direct violation of the Hatch Act about 30 EPA employees joined a Sierra Club protest of Trump’s pick to head the EPA, Oklahoma Attorney General Scott Pruitt.

In Chicago, around 30 employees of the EPA’s regional office there joined a protest organized by the Sierra Club environmental group and the American Federation of Government Employees to protest Pruitt’s nomination.

Doug Eriksen, a spokesman for Trump’s transition team at the EPA, downplayed the Chicago protest, saying “employees have a right to take action on their private time.”

When I worked for the FAA it was made very clear to me that the Hatch Act made it illegal for any government employee to participate in partisan political activities. Your freedom to vote the way you wished was not denied, nor was your general freedom of speech, but it was considered a clear conflict of interest to engage in political activities, especially activities that might put you in conflict with the policies of the President and his administration, your boss. These EPA employees are violating that law.

I suspect the reason the Trump administration is not very bothered by this is because they intend to cut the staffing at the EPA significantly, which means many of these people will be gone anyway. No need to get into a legal battle with them.Trump will propose slashing the EPA’s budget, the Republican Congress should gladly go along, and these partisan Democratic Party operatives with this government agency will be gone.

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Congress moves to overturn numerous Obama regulations

11:29 pm

Using a 1990s law that allows Congress to overturn regulations with simple majorities, Congress has this week passed a slew of bills doing exactly that.

The article provides a detailed list. What is significant here is that this is only the first week. With a Republican Congress and a Republican President, there is little to prevent the passage of numerous such bills in the coming months. As much as conservatives have fretted in recent years about the cowardice of the Republican leadership, now that they have some control over the situation it appears they are moving to do something concrete and conservative with that control.

Hang on. It is going to be an interesting next few years.

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EPA moves to regulate key pizza ingredients

9:40 am

We’re here to help you! The EPA has instituted new costly regulations on the manufacture of the yeast used to make pizza dough and bread.

The Environmental Protection Agency is targeting a key ingredient for making pizza and bread in its latest last-minute regulation before President Obama steps down. The proposed regulation published Wednesday would make the emissions standards for industrial yeast makers much more strict. The EPA said beer, champagne and wine makers, all of whom use some form of yeast, are safe for now. The real targets are those who produce high levels of hazardous air pollutants. It’s not the bread, bagel and pizza makers who are targeted under the rules, but the less than a dozen big plants that produce the yeast needed to produce the valuable bread-based products.

The key quote in the article, however, is its very last sentence:

The EPA is issuing the proposed rule because of a lawsuit it lost in federal court brought by the Sierra Club, claiming that the rule from the 1990s needed to be updated under the Clean Air Act.

This is part of the legal game that the EPA plays with various leftwing environmental activist groups to whom it is an ally. The activists sue, the EPA makes sure it loses or settles out of court, and so the regulations are then essentially written by these environmental groups. It is a racket that must end.

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EPA moves to punish Alaskans for burning wood to heat their homes

9:24 am

We’re here to help you! The EPA is about to declare Alaska in violation of the Clean Air Act for burning wood, the only fuel available to them to heat their homes, and thus threaten the state with the loss of all federal funding.

The New York Times reports the Environmental Protection Agency could soon declare the Alaskan cities of Fairbanks and North Pole, which have a combined population of about 100,000, in “serious” noncompliance of the Clean Air Act early next year.

Like most people in Alaska, the residents of those frozen cities are burning wood to keep themselves warm this winter. Smoke from wood-burning stoves increases small-particle pollution, which settles in low-lying areas and can be breathed in. The EPA thinks this is a big problem. Eight years ago, the agency ruled that wide swaths of the most densely populated parts of the region were in “non-attainment” of federal air quality standards.That prompted state and local authorities to look for ways to cut down on pollution from wood-burning stoves, including the possibility of fining residents who burn wood. After all, a declaration of noncompliance from the EPA would have enormous economic implications for the region, like the loss of federal transportation funding.

The problem is, there’s no replacement for wood-burning stoves in Alaska’s interior. Heating oil is too expensive for a lot of people, and natural gas isn’t available. So they’ve got to burn something. The average low temperature in Fairbanks in December is 13 degrees below zero. In January, it’s 17 below. During the coldest days of winter, the high temperature averages -2 degrees, and it can get as cold as -60. This is not a place where you play games with the cold. If you don’t keep the fire lit, you die. For people of modest means, and especially for the poor, that means you burn wood in a stove—and you keep that fire lit around the clock.

The level of stupidity here by EPA’s Washington bureaucrats is almost beyond measure. Worse, they and their liberal supporters still have no idea why it appears a Trump administration might be dismantling much of that EPA bureaucracy.

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EPA only archived 86 out of 3.1 million agency texts in 2015

12:21 pm

Cover-up: The EPA and its employees only archived 86 out of 3.1 million agency texts sent during 2015.

The EPA Office of Inspector General (IG) released the report requested by Texas Republican [Lamar Smith], which described enormous text message retention problems within the EPA. One unnamed senior official configured his phone to automatically delete texts after 30 days. The IG claimed EPA officials never “intentionally” violated the Federal Records Act and did not include the low number of archived texts in the body of its report, relaying it instead to congressional staff.

Multiple federal laws and regulations require that officials preserve all documents — including email and text messages — created in the course of conducting official business of the U.S. government.

Like the Pentagon officials I noted earlier today, how stupid does this inspector general think we are? When a government agency, in clear violation of numerous laws, archives less than 0.000003 percent of all texts, you either have to be willfully blind, stupid, or a participant in the cover-up to claim that this behavior was “never intentional.” Furthermore, the report included these juicy details, all clear evidence that the failure to archive was for at least two senior officials very intentional indeed:

The anonymous senior official who configured his phone to delete texts may have deleted vital information, the IG found. “The senior official responded that he did not have any text messages on the device for that (three-month) period,” IG auditor Teresa Richardson said in a podcast. “The device had been set to automatically delete text messages every 30 days. So it is likely that any text messages that were substantive and should have been preserved were deleted.”

The report found another senior official claimed to have zero texts, despite EPA’s quarterly mobile device usage report showing frequent texts from that person. Another official, a regional administrator, potentially lost federal records by failing to transfer or otherwise preserve texts after replacing an old phone.

The more people fired at the EPA, the better. It is presently being run by dishonest political hacks who are very willing to do things in direct violation of the law.

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Trump picks oil industry ally and global warming skeptic for EPA

2:49 pm

President-elect Donald Trump has chosen Oklahoma’s Attorney General, Scott Pruitt, to run the EPA.

An ally to the fossil fuel industry, Pruitt has aggressively fought against environmental regulations, becoming one of a number of attorneys general to craft a 28-state lawsuit against the Obama administration’s rules to curb carbon emissions. The case is currently awaiting a decision from the United States Court of Appeals for the District of Columbia, which heard oral arguments in September.

Pruitt, who questions the impact of climate change, along with Alabama Attorney General Luther Strange, penned an op-ed in the Tulsa World earlier this year that called criticism they’ve received “un-American.” “Healthy debate is the lifeblood of American democracy, and global warming has inspired one of the major policy debates of our time,” states the op-ed. “That debate is far from settled. Scientists continue to disagree about the degree and extent of global warming and its connection to the actions of mankind… Dissent is not a crime.”

Not surprisingly, environmentalists have already begun the campaign to destroy him, based on the quotes at the link.

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Trump names climate skeptic to transition team

3:04 pm

Trump today named a climate skeptic from the conservative Competitive Enterprise Institute to lead his EPA transition team .

Myron Ebell, director of energy and environment policy at the conservative think tank Competitive Enterprise Institute, is heading Trump’s EPA transition preparation, E&E Daily reported Monday. Ebell is an outspoken, longtime skeptic of the scientific consensus that human activity is dramatically changing the climate. He often refers to warnings about global warming as climate “alarmism” and is a vocal critic of President Obama’s climate change regulations. Ebell has argued that the Clean Power Plan is illegal and that the Paris climate change agreement is unconstitutional.

As those who have been reading Behind the Black know, I have been looking closely at the people Trump is looking at to be part of his administration, should he win the election. His choices will tell us two things: One, the political positions of his appointees will provide an indication of Trump’s own political preferences at this time. Two, his choices will tell us the nature of people that will be advising Trump in the future.

So far, his choices have leaned right, with a few exceptions. This choice for leading the transition at EPA is significantly to the right, and indicates that a Trump administration would work aggressively to dismantle the global warming cartel that presently runs things in the climate field, using government money as their hammer.

Most of you and the media will be glued to your televisions tonight, watching the silly debate show. I am more interested in what Trump might actually do. For example, I was somewhat impressed by the immigration speech Trump gave August 31. Unlike most political speeches by him and every other modern politician, it was not a litany of emotional attack soundbites and cute jokes. Trump outlined in great detail the overall policy plans to deal with the federal government total failure to do its job controlling the border. I did not agree with all of his proposals, but I found the overall thoughtfulness of the speech encouraging.

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Court rules EPA violated privacy of farmers and ranchers

12:40 pm

The law is such an inconvenient thing: A federal appeals court has ruled that the EPA violated the privacy rights of farmers and ranchers when it provided environmental groups their personal information.

I find it interesting that the federal bureaucracy is often very quick to redact vast amounts of information demanded of them due to investigations of their corruption and abuse of power, but here they hand over the private confidential information of farmer and ranchers to their political enemies, without a second thought. You’d almost think they were working in league with these environmental groups.

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New EPA toxic spill in Colorado

6:21 pm

Government in action: The EPA has once again accidently released toxic waste into the same Colorado river it mistakenly dumped 3 million gallons of toxic waste from an abandoned mine last year.

Local officials said this week’s release was not large enough to warrant a public advisory. Last year’s spill sent nearly 1 million pounds of metals into the waterways of the Animas and San Juan rivers, which traverse three states. The metals include arsenic, cadmium, copper, lead, mercury, nickel and zinc.

This week’s spill came from the treatment plant that the EPA set up near the mine to filter water coming from the mine before releasing it into the creek and river systems. A large amount of rain in Colorado caused the treatment facility to overflow and some of the untreated water to spill into the waterways. EPA said the water that spilled from he plant was partially treated, and the metals present in it should quickly settle to the bottom of waterways where they are less harmful.

How many of you out there trust the EPA in this? Considering the stonewalling and lying the agency practiced when the original spill occurred, I see no reason to believe anything they say now.

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EPA never did ethanol studies required by law

9:58 am

The law is such an inconvenient thing: Despite a legal mandate from Congress to conduct studies on the use of ethanol in vehicles the EPA has admitted that it simply ignored the law and never did any.

The Obama administration has failed to study as legally required the impact of requiring ethanol in gasoline and ensuring that new regulations intended to address one problem do not actually make other problems worse, the Environmental Protection Agency inspector general said Thursday. The conclusion in the new audit confirmed findings of an Associated Press investigation in November 2013. The AP said the administration never conducted studies to determine whether air and water quality benefits from adding corn-based ethanol to gasoline. Such reports to Congress were required every three years under the Energy Independence and Security Act of 2007.

Instead, they have been pushing to increase the amount of ethanol used in gasoline, even though they have no idea whether this helps or hurts the environment, and have been told by practically every automotive industry expert that increased ethanol will damage car engines.

But then, who cares what the law says? Who cares what other experts say? The EPA is made up of righteous perfect liberal individuals who simply know better. How dare Congress, or anyone for that matter, tell them what to do!

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EPA’s gasoline efficiency tests are garbage

9:07 am

Our government in action: The tests the EPA uses to establish the fuel efficiency of cars are unreliable, and likely provide no valid information at all about the fuel efficiency of the cars tested.

The law requiring cars to meet these fuel efficiency tests was written in the 1970s, and specifically sets standards based on the technology then. Worse,

[T]he EPA doesn’t know exactly how its CAFE testing correlates with actual results, because it has never done a comprehensive study of real-world fuel economy. Nor does anyone else. The best available data comes from consumers who report it to the DOT—hardly a scientific sampling.

Other than that, everything is fine. Companies are forced to spend billions on this regulation, the costs of which they immediately pass on to consumers, all based on fantasy and a badly-written law. Gee, I’m sure glad we never tried this with healthcare!

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Federal court rules a farmer plowing his land violates Clean Water Act

9:14 pm

Fascists: A federal court has ruled that a farmer in California is violating the Clean Water Act by plowing his own property.

The court ruled that the company violated the Clean Water Act by plowing its property, even though the Act exempts normal farming practices. And, the implementing regulations state that plowing is never even subject to the Act, so long as it does not convert wetlands to dry land. Since no wetlands were lost or reduced in acreage by the plowing in this case, the court’s decision amounts to a rule that you may not plow in federally regulated wetlands without an Army Corps permit, the clear exemptions to the contrary notwithstanding.

The court also reversed an earlier ruling in the case and held that although the Corps ordered Duarte Nursery to halt all activity in any area of its property that could be considered waters of the U.S. on its property, the company did not suffer any deprivation of its property. On this basis, the court then ruled that Duarte Nursery’s due process rights have not been violated by being ordered not to farm its property for the last three years.

More here. Even though the Supreme Court has twice told the EPA and the Army Corp of Engineers that their interpretation of the Clean Water Act is wrong and overreaching, the agencies continue to use their interpretation to fine and restrict the actions of farmers and private property owners. In this case, they are forbidding a farming company from farming their property under Clean Water Act regulations, even though the law specifically exempts farming from Clean Water Act regulations and the Supreme Court has also ruled that interpretation of the law by these agencies is wrong.

What makes this worse is that a California federal court has agreed with the agencies, even though the Supreme Court has previously ruled otherwise. It is as if the lower federal court in California have decided they don’t need to follow the rulings of the higher court.

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Wyoming rancher beats EPA over stock pond

2:29 pm

Good news: A Wyoming rancher who built a stock pond on his property, after obtaining all local permits, and was then hit by the EPA with gigantic fines totaling more than $16 million if he didn’t remove it, has won his case in court.

Under the settlement, Johnson’s pond will remain and he won’t pay any fines or concede any federal jurisdiction to regulate the pond. And the government won’t pursue any further enforcement actions based on the pond’s construction. The only conditions, according to Johnson’s lawyers, are that willow trees be planted around the pond and a partial fence installed to “control livestock.” “This is a victory for common sense and the environment, and it brings an end to all the uncertainty and fear that the Johnson family faced,” said Jonathan Wood, a staff attorney with Pacific Legal Foundation who represented Andy Johnson in his court challenge to the EPA, and in negotiating the settlement.

“The EPA never identified any environmental problems with the pond,” Wood told FoxNews.com. “In fact, it’s been a boom for the environment.”

Though he won his case, because there apparently was no cost to the EPA for attacking him it is really the EPA that has won. In the future I expect them to use their ability to impose fines more widely in even more egregious situations, knowing it will cost the agency nothing and might gain them more power. It will worth it, since the only way to stop them would be to hire lawyers and spend a lot of money in court.

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Government audit finds EPA broke the law!

9:38 am

A new government audit has found that the EPA broke the law with its aggressive social media campaign lobbying in support of the Obama administration’s proposed clean water regulations.

The Environmental Protection Agency engaged in “covert propaganda” and violated federal law when it blitzed social media to urge the public to back an Obama administration rule intended to better protect the nation’s streams and surface waters, congressional auditors have concluded.

The ruling by the Government Accountability Office, which opened its investigation after a report on the agency’s practices in The New York Times, drew a bright line for federal agencies experimenting with social media about the perils of going too far to push a cause. Federal laws prohibit agencies from engaging in lobbying and propaganda. “I can guarantee you that general counsels across the federal government are reading this report,” said Michael Eric Hertz, a professor at the Benjamin N. Cardozo School of Law in New York who has written on social media and the government.

I am sure this news comes as a complete surprise to everyone. Who ever heard of a modern government agency ignoring the law for its own benefit? The concept boggles the mind!

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EPA rewards Gold King contractor with more contracts

3:09 pm

Shut them down! The EPA has given an additional $2.7 million to the contractor who caused the Gold King Mine spill in Colorado.

That’s in addition to a $1 million bonus awarded the day before the spill itself.

The level of corruption here is astounding. Read the whole article at the link, as it outlines a number of other examples of corrupt actions by the EPA, both in wasting taxpayer dollars for their own personal benefit as well as routinely working with environmentalists to shut down businesses, without any objective review.

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Another EPA wastewater spill in Colorado

10:06 pm

We’re here to help you! EPA workers have caused another wastewater spill in Colorado.

According to the Denver Post, an EPA mine crew working Thursday at the Standard Mine in the mountains near Crested Butte, triggered another spill of some 2,000 gallons of wastewater into a nearby mountain creek. Supporting Tipton’s remarks to Watchdog Arena, the Denver Post report states that the EPA had failed to release a report about the incident at the time of its writing.

Unlike the Gold King Mine, where on Aug. 5, an EPA mine crew exploring possible clean-up options, blew out a structural plug in the mine releasing over 3 million gallons of toxic waste into the Animas River, the Standard Mine is an EPA-designated superfund site, where the federal agency has been directing ongoing clean-up efforts.

According to a the Washington Times regarding this latest spill, Tipton’s spokesman, Josh Green, said that locals in the Crested Butte area confirmed the spill. Watchdog Arena spoke directly with Tipton Thursday afternoon who claimed, “They are reporting that the spill consisted of “gray water,” and was not toxic. But the definition of gray water does not preclude the presence of possible toxic substances.”

It doesn’t matter that this spill is smaller and at a superfund site. If a private landowner screwed up like this, and didn’t report it, as required by the EPA, the EPA would move in faster than the speed of light to take everything they owned and to put them in prison.

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New EPA ozone regulations based on fantasy

4:46 pm

We’re here to help you: New proposed EPA regulations for reducing ozone are expected to cost trillions to enforce, even though there is no evidence that the regulations will do anything to improve health.

In the name of fighting asthma, the Environmental Protection Agency (EPA) requested permission to decrease the ozone standard  — the amount of ozone allowed in the atmosphere — to a level some scientists say is physically impossible to achieve. One organization estimates the cost to implement these new rules will be $1.1 trillion. Even worse, data shows that as ozone levels in the U.S. have decreased, asthma cases have increased.

This regulation may be the most expensive in history, and bring absolutely no health benefits.

Worse, there is absolutely no scientific basis for these ozone regulations.

While average levels of ozone have decreased 33 percent since 1980, the number of asthma patients has increased over that time. The Global Asthma Report for 2014 lists environmental factors which lead to asthma, but never mentions smog or ozone. The National Institutes of Health does not list climate change or ozone as a cause of asthma mainly because the exact causes are unknown. Excessive hygiene once was considered the primary cause, but this view has been mostly refuted. “The World Health Organization report “Ambient (Outdoor) Air Quality and Health” does make the argument that ozone may trigger asthma, but it does not refute the negative correlation between improving air quality and the worsening Asthma epidemic in the US.”

While proposing the new standard, the EPA cited a study of which the agency itself had previously said “it is convenient for fitting the model, but it is not accurate.” As Tony Cox pointed out, “there is abundant historical data on ozone levels and asthma levels in U.S. cities and counties over the past 20 years,” so it is relatively easy to see if decreasing ozone has positive effects on respiratory health. It does not.

Read the whole thing. The only reason the EPA is going to try to impose this regulation, which by the way is so stringent that it will likely be impossible for anyone to meet it, is because they can. It is a power play, pure and simple, imposed by appointed fascist bureaucrats who have an ideology that they intend to force on everyone else, regardless of the harm it does.

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EPA violated Endangered Species Act in Colorado

1:18 pm

The law is for the little people: The EPA violated the Endangered Species Act when it began work on the Animas River spill without first consulting with the Fish and Wildlife Service.

Turns out that it is very illegal, as in, criminal and civil charges illegal, when someone does not consult with the Fish and Wildlife Service prior to undertaking a project that poses a threat to endangered critters. In this case, downstream fish.

But, but, but, we didn’t mean to spill all of that acid and lead and whatnot into the river, stammered EPA Chief Gina McCarthy.

That didn’t satisfy GOP Rep. Rob Bishop of Utah who chairs the House Natural Resources Committee, and reminded her repeatedly that the EPA had been warned for more than a year that a blowout was imminent, and therefore consultation on endangered species was required by law before work began at the mine. [emphasis in original]

It turns out that the EPA did not begin the process, required by law, until last night, more than a month after the spill and well after their work began. I wonder how they would treat a private landowner or business who so cavalierly ignored the law.

Also, the head of the Interior Department, Sally Jewell, refused to appear for Congressional hearings, while the EPA head, Gina McCarthy, demanded that she not have to sit next to other witnesses, all of whom were there to describe the disaster her agency has brought down upon them. Moreover, during McCarthy’s testimony she said that no one at the EPA would be held criminally responsible for the spill.

But hey, isn’t the government’s the best way to do things? That’s what Democrats keep telling us. And we believe them, of course, blindly, without question.

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Wyoming farmer defies the EPA

8:37 am

Defiant! A Wyoming farmer has filed suit against the EPA for demanding he disassemble a small stock pond he built on his own property, after following all the state’s rules and getting all the proper permits.

The EPA’s fines, $75K per day, have now accumulated to over $16 million. He is challenging the agency, saying that he followed all the rules, that the pond is on his own property, and that the EPA does not have jurisdiction.

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