5 December 2014

In the News
Some Perspective on the Headlining Antarctic Ice Loss trends
Chip Knappenberger, Cato at Liberty, 5 December 2014
Conservatives Urge States To Fiercely Resist EPAs Climate Rule
Laura Barron-Lopez, The Hill, 5 December 2014
Why Is NRDC Afraid of Democracy?
Dan Simmons, Institute for Energy Research, 3 December 2014
Fracking Debunks Obamas We Cant Drill Our Way Out
Investors Business Daily editorial, 3 December 2014
The Environmental Protection-Racket Agency
Paul Driessen, Investors Business Daily, 3 December 2014
EPA Employees Paid More Than $1 Million To Not Work
Thomas Lee & Katie Tubb, The Daily Signal, 3 December 2014
Key Facts about the Great Oil Crash of 2014
Robert Samuelson, Washington Post, 3 December 2014
Representatives Press for Gas Tax Hike
Keith Lang, The Hill, 3 December 2014
End Wind Welfare! Let Me Count the Reasons
Robert Bradley, Jr., Master Resource, 2 December 2014

News You Can Use

President Whiffs on Green Car Promise
According to Investors Business Daily, President Obama is about 826,000 cars short of achieving his
promise to put 1 million electric vehicles on the road by 2015, despite almost $8 billion in taxpayer
subsidies. In related news, National Journal this week reported that U.S. consumers are abandoning
green cars as gas prices fall.

Inside the Beltway

Myron Ebell

House Renews Wind PTC, But Just for 2014

The House of Representatives voted 378 to 46 to pass a big tax package that includes a one-year
extension of the wind production tax cut. The extension expires at the end of 2014. This extension
probably wont benefit many wind developments begun in 2014 because nearly all of them are covered
by the IRSs extremely generous interpretation of what counts as project begun in 2013.
By renewing this and a long list of tax cut extenders retroactively for 2014, the House has simply punted
the whole mess to the next Congress. There have been conflicting accounts about what Senate Majority
Leader Harry Reid (D-Nev.) will do, but I expect he will allow a floor vote and that the bill will be sent to
the president for his signature. There have also been conflicting opinions about what the 114th
Congress is likely to do next year, but at this point its just speculation.

223 Companies Want Americans To Be Poorer

Two-hundred twenty-three companies sent a letter to President Barack Obama this week supporting the
EPAs proposed rule to reduce greenhouse gas emissions from existing power plants. On the other
hand, CEI and eleven other free market and conservative non-profit groups filed an official comment on
1st December that makes a thorough case that the rule is illegal and would raise electric rates and
decrease reliability.
Companies that support the EPA rule include Adidas, Ben and Jerrys, Clif Bar, Eileen Fisher, IKEA,
Kelloggs, Levi Strauss, Mars, Nestle, New Belgium Brewing, Nike, North Face, Patagonia, Seventh
Generation, Starbucks, Stonyfield Farm, Symantec, and Unilever. I guess that most of the chocolate I eat
will be Hersheys. The entire, pathetic list can be seen here.
Apparently these companies think that if people have less money in their pockets because of higher
energy prices, they nonetheless will spend more on their products.

Across the States

Marlo Lewis

NRDC Peddles Nonsense about ALEC

As reported in E&E News, the Natural Resources Defense Council (NRDC) this week held a press
conference call in which spokespersons for the group denounced the American Legislative Exchange
Council (ALEC) for something it had not done yet consider model legislation called the Reliable, Safe
and Affordable Power (RASP) Act.

ALEC is the association of state lawmakers dedicated to free markets, limited government, and
federalism. RASP instructs state agencies (1) not to prepare to implement EPAs Clean Power Plan (CPP)
until the rules legality has been fully resolved in courts, and (2) not to expend funds to execute a
CPP implementation plan until committees of jurisdiction in the state legislature approve the plan.
NRDC reportedly asserted that the RASP Act would paint states into a corner. If I catch the drift, NRDC
argued that states will eventually have to comply with the CPP, so if a state refuses to submit its own
implementation plan, EPA will impose a federal plan without input from state officials. Message:
Resistance is futile -- it will only make matters worse!
That is baloney. Unlike all previous EPA rules requiring states to adopt emission performance standards
for existing stationary sources under 111(d) of the Clean Air Act, CPP performance standards cannot
be achieved by requiring owners or operators to install specific control technologies at designated
facilities a power clearly within EPAs jurisdiction.
Rather, CPP standards can be achieved only by enacting and/or amending state electricity laws and
regulations. Only state lawmakers and agencies acting pursuant to state statutes have such authority. If
states just say no, EPA is out of luck.
EPA cannot impose its own plan, because the agency has no authority to enact or amend state
renewable energy requirements, generation fleet dispatch policies, or demand-reduction incentives like
rebates for programmable thermostats.
Whats more, as attorney Peter Glaser points out, EPA cannot even threaten to punish the state with
loss of highway funding, because the Clean Air Act does not authorize sanctions for failure to comply
with 111(d).
The states are well advised to sit tight and let litigation sort out the legal issues, as the RASP Act advises.

Around the World

Myron Ebell

COP-20 Begins in Lima

The twentieth Conference of the Parties (COP-20) to the UN Framework Convention on Climate Change
began on Monday, 1st December and is scheduled to end on Friday, 12th December. This years
meeting is in Lima, Peru. COP-20 is the midway point in negotiations that began last year in Warsaw and
are scheduled to conclude next December in Paris on a new international agreement to reduce
greenhouse gas emissions to replace the Kyoto Protocol.
Expectations for the big conference are all over the board. Chief U. S. negotiator Todd Stern is
optimistic because of the momentum created by the Obama-Xi Jinping deal announced in Beijing last
month. Rupert Darwall writing in the Wall Street Journal (access to a limited number of articles each

month is free without a subscription) points out that any agreement signed in Paris by President Obama
is likely to become an issue in the 2016 elections and one that will favor Republicans.
I hope to have a better idea of the state of the negotiations when I attend the second week of COP-20 in
Lima beginning on 8th December. I plan to file occasional reports on GlobalWarming.org.