States Set to Sue the U.S. Over Greenhouse Gases
dnormant writes to tell us The New York Times is reporting that more than a dozen states are gearing up to sue the Bush administration for holding up efforts to regulate automobile emissions. "The move comes as New York and other Northeastern states are stepping up their push for tougher regulation of greenhouse gases as part of their continuing opposition to President Bush's policies. On Wednesday, Gov. Eliot Spitzer's administration is to issue regulations requiring power plants to pay for their greenhouse gas emissions, part of a broader plan among 10 Northeastern states, known as the Regional Greenhouse Gas Initiative, to move beyond federal regulators in Washington and regulate such emissions on their own."
My work here is dung.
Up in Canada where the Kyoto wealth transfer plan (that's what it is, make no mistake) was ratified, we had a quite simple statement told to us: if we stopped every train, plane, and automobile in the entire country tomorrow, we STILL wouldn't meet the Kyoto targets (which is something like 30-40% below where we are now).
So yes, cars are a part of it, but they are NOT the "things holding you up" here.
And if somebody could provide links on this, I'd be grateful.
The telling thing is that the various northeastern states are pushing the Bush administration for tighter emission regulations. Usually, it's the other way around - local politicians seek to fend off draconian federal policies that might cripple local industry. The amazing thing is that they're suing the EPA itself, and my professional experience is that many scientists associated with the EPA are incredibly concerned about the impact of greenhouse gases on the environment. They're forced to keep quiet and follow the mandate passed down by a perplexingly out-of-touch executive team in the White House.
Is there any special meta-meta-mod points out there for reading this with "Chevron... the power of human energy" above it? I wasn't aware humans consumed petroleum-based hydrocarbons and shit out CO2.
The world's burning. Moped Jesus spotted on I50. Details at 11.
Rivers in most states eventually flow into a different state, too, but that doesn't mean that states can't restrict or ban water pollution. The CO2 can be defined a pollutant as soon as it leaves the vehicle, while it is still wholly contained within the state of the car (or power plant or factory) that emitted it.
Now if they tried to apply this ruling to vehicles merely crossing through their state, as opposed to those registered to drivers in that state, with state license plates, then yes, I agree that the courts could intervene. Pretty soon belching trucks from Mexico will be all over the US, and I bet there's nothing any state can do about those.
It doesn't hurt to be nice.
Now watch all the states-rights conservatives suddenly jump to the other side of the divide and argue the federal government should get its way.
Oh yes, this is sure to work. Get a few legislators in a minority of states to sue the president's administration. Nothing could possibly go wrong with this! This is a stunt, and a ridiculous one at that. Why not put energy into doing something real instad of wasting time like this? It won't even get people on the side of the activists...people who agree with the suit are already driving hybrids and eating out of their back garden, people who don't aren't going to even care.
I am all for improving the environment, but this is only going to come at the cost of public. The power companies are only going to have to install more equipment to filter emissions, in drastic cases they will have to spend lots of capital to implement renewable technologies. This will result in the PUC authorizing a rate increase, because lets face it, This stuff isn't free. In the end, the average joe will pay for higher power. Since everyone shares the same goal of reducing carbon emissions i doubt anyone will complain /sarcasm
This kind of crap drives me batty. Qualifier: I'm not a hippie. I don't like the Prius. I vote conservative (do NOT confuse this for Republican). Anyway, if you want to make a difference, park your damn car and ride your bike. Don't own a bike? Take a months worth of gas money and buy a really REALLY nice one. Live too far to commute? You probably don't (you'll get used to the distance), but if you really do, move closer to work. Winter too harsh? Buy studded tires (as in studded car tires for snow and ice) for you bike and wear winter riding clothes. We in the US are a bunch of whiny, bitchy cry-babies. We want to fix things by making others do something about the problem of our own causing (make the engines pollute less, not me). I'm all for efficient engines and such, but alternatives already exist. Each one of us has the ability to make changes TODAY that will have an enormous impact. Not only that, but I AND the hippies will be happy. I'll have the pleasure of not seeing bazillions of dollars go to oppressive middle-eastern countries that would just assume we all die and some communist jackass in South America, and hippies will stop crying about inconvenient truths and whatnot and go back to eating $8 double-dip cones at Ben and Jerry's. Keep your car, but use it only when you really need to, not when you're too lazy not to.
Now, bear with me since I'm not from the US and as such I'm probably biased as well as unfamiliar with some things. But having said that I cannot help wonder.. Whenever I see some detectives on TV or talk to friends who happen to be American I'm always confronted with the issue of the states. To me the closest thing resembleing this are Germanies "Bunds" (Bundesrepubliek Deutschland).
:-)
If I'm not mistaken you can have different laws across states. One state can have a more closer or looser regulation on gun control. And ofcourse this is also fed by the classic car chases where the culprit races to the state border and once he gets across he's basicly home free. So different states, different laws, different approaches on how to run things.
Now having said that I cannot help wonder here. If you're so worried about the environment why don't you simply put your efforts into "cleaning up" your particular state instead of (more easily ofcourse) blaming it all on one man and start the (to me:) typical selfish American approach of sueing? To me this looks like the classic example of "I wasn't hired to do that" and so you also don't take any responsibility for your own actions and instead start blaming others over it. Like that woman in the McDonalds; appearantly she wasn't aware that coffee should be hot and as such McDonalds was responsible when the stupid -censored- spilled her coffee. How was she supposed to know coffee would be hot?
I'm not a fan of the Bush administration at all. To me this is the worst president the US has ever got and it saddens me that so many people don't even seem to realize this (yet?). Still, I think you're going too far by simply blaming everything, including your own shortcomings, on him. There is a difference (to me) between "Bush threatens the free world" (which, IMO, holds much truth) or "Bush ate my hamster" (I could be mistaken but iirc he isn't visiting Europe... or is he?!!)
No, it's about the states wanting to write those laws, and the administration saying they can't because the Feds haven't.
I'm REALLY pleased to see this.
Its a great indicator that the American people are more responsible, intelligent and honest than their leader.
From both a liberal as well as conservative viewpoint, is precisely lawsuits like this.
For those of a conservative viewpoint, this is precisely the kind of thing that has been the worst of nightmares regarding the debate, where this is an attempt to broaden the power of the federal government and to enact legislation through judicial case law rather than through a body like the U.S. Congress.
From a strict constitutionalist viewpoint, state regulations are precisely what was envisioned by the founding fathers for issues like this. When faddish things like Global Warming (and concern about Global Warming is a fad right now, at least from a political perspective) come up, they should be debated by individual states and citizens of those states.
If left to develop on its own, without somebody crying "fowl" and demanding federal intervention, this "laboratory of American states" is precisely what is envisioned by the founders to see how political ideas like regulation of industries for CO2 gases was intended to develop. Legislation based upon the current wind of political thought was something the early founders of the American Republic feared the most, and it was intended to be a long and difficult process for a good reason, particularly when it governed the actions of individual citizens in relationship to each other, such as this sort of regulation is doing.
From a politically conservative viewpoint, you can still suggest environmental legislation. There is common ground that can come from this sort of debate and help us to genuinely protect the environment. But you need to frame it from a conservative viewpoint in terms of stewardship, liability, and responsibility. Cut the emotional garbage out about rising sea levels, rising temperatures, and a fear of the future. If you produce pollution, you need to clean up your own messes and be nice to your neighbors. You also shouldn't be wasteful of those resources that God has given to you, because ultimately you will be held responsible for your actions before HIM. Even if you dismiss God as a human construct, there is still the more vague "being held responsible by humanity as a whole" that still applies on some sort of level. I certainly don't mind government regulation that helps to reduce dependence on foreign energy sources and lowering of a trade deficit.
I also realize that some of this is about legislation that has already been through the meat grinder of Washington D.C., and these states are "merely" asking for those laws to be enforced. A problem here is that the legislation was deliberately vague, and the actual enforcement of these laws left to such broad interpretation, that nearly anything could be suggested in terms of what they really meant or how they can be put together. This lawsuit is a political move to force these national regulations (which arguably may not even be constitutional) to conform to a specific viewpoint that runs counter to the current presidential administration. A U.S. President shouldn't have even had this sort of authority delegated to him in the first place, but of course those pushing in support of this lawsuit already knew that, didn't they? So why should it be moved to the authority of nine men in black robes?
It is poor law and shouldn't have been enacted in the first place, no matter how lofty the goals were made. Going to the courts is just going to make an awful law even worse. It would be far better to go to the national legislature (aka Congress) and get new legislation passed that deals with this issue, if that is the ultimate goal.
While the federal government routinely, and with the blessing of the Supreme court, passes laws that blatantly violate the commerce clause ...
Logical error. The government does not pass laws that violate the commerce clause if the Supreme court says they don't. That's how our government works.
Besides, I think you need to read up on Massachusetts vs. EPA. This suit is probably going to be very similar considering that it was over much the same thing. MS v. EPA was an attempt to force the government to perform its duties to regulate CO2 emissions as a pollutant in absence of Congressional instruction to or not to do so.
The new lawsuit will be a similar attempt to compel the EPA to perform its mandated duties to grant CA and other states permission to create stricter regulations than the Congressionally mandated minimums. The EPA has dragged its feet for years in signing off on this, claiming that they didn't think they had the authority to regulate CO2 under the Clean Air Act. Fortunately, MS v. EPA has cleared that up.
Assuming that the SCOTUS doesn't decide to reverse itself unexpectedly or attempt to wiggle out under jurisdictional issues such as interfering with the powers of the executive or such as the doctrine against getting involved in political decisions, it's probably a slam dunk case.
Then again, I'm not as familiar with the CAA as I'd like to be. The decision might be a discretionary power of the EPA at which point the SCOTUS would simply pass the buck.
If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
The reason why Spitzer and this group are suing the government is that the Feds have established pollution control standards and Spitzer wants them made more restrictive. I am normally in favor of states' rights, but the issue in question here is more of a standards debate for me -- were each state given the ability to mandate their own efficiency requirements for cars, the result would be a broad range of such standards and car companies would have to meet the most efficient denominator, with a drastic (skyward) impact on the price of cars. The federal government sets the national standard, and now you don't have the purchasing power of 4 million Oregonians determining that the rest of us have to pay a premium for a super-efficient hybrid car we can't afford.
The single biggest problem I have with this bogus lawsuit is this: it's the government suing the government, with all the included lawyer fees. Let the tax dollars fly. With a lawsuit at this level, as well, those fees will not be trifling, and who will pay them but the lowly taxpayer. Residents of the states filing suit are taxed twice on this -- first by their states for their legal fees, and second by the federal government for its defense. Those of us living in states who aren't signed on only get to pay for a lawsuit we disagree with once at the federal level.
Residents of these states who support this: the proper way to get the EPA to change its guidelines is to have your federal legislators introduce legislation to change those guidelines. Then, those politicians get to convince a majority of their house of the legislature to sign on, which is absolutely necessary for a change with such a huge impact as changing EPA efficiency requirements. This underhanded lawsuit crap is the same tactic that generates so much scorn for SCO, the MAFIAA and other legal trolls -- why is it now okay?
One of the purposes of the Attorney General's office is to protect the rights of the consumer. The rights of the consumer are NOT being trampled in this situation. Everybody in America has the opportunity to buy a more fuel-efficient vehicle. The government's purpose in the matter should be to establish a baseline of efficiency on which people who can afford it, and innovation by car companies, can improve.
- And when we forced the lead to not be in paints or used in gas, that also raised prices.
- Likewise, it raised car prices when we first forced cars to get above 5 mpg.
- Or when we said no dumping of pollutants in the ground (love canal?).
- Or how about when we stopped manufactuering plants from polluting in the air.
Or we can accept minimal controls, and keep your prices real low.If you are looking for really low costs, consider moving to one of these lovely places:
* Linfen, China;
* Haina, Dominican Republic;
* Ranipet, India;
* Mailuu-Suu, Kyrgyzstan;
* La Oroya, Peru;
* Dzerzinsk, Russia;
* Norilsk, Russia;
* Rudnaya Pristan, Russia;
* Chernobyl, Ukraine; and
* Kabwe, Zambia.
I prefer the "u" in honour as it seems to be missing these days.
The wafting of CO2 over the border is not "commerce" its just a gas moving. Thats a weak argument.
In all honesty the States should control emissions standards from power plants. All powers not expressly granted to the Feds in the constitution were relegated to the States. Of course the federal government continually oversteps its bounds here. The EPA included, in my opinion.
There is no reason for the states to be suing the feds. Also, this whole lawsuit thing is utter bullshit. Until significant effort is made in this country is made to replace coal plants with nuclear plants all of this posturing over coal power plants is just petty politics.
C'mon Spitzer, do something real! Start building nuclear plants in New York to replace the coal plants and then shut the coal plants down!! THAT is what its going to take to stop global warming. Taxes, regulations, and fees don't have a damn thing to do with it!!
Somebody had done a study on the impact of cow farts on greenhouse gasses once, ...
Actually, although cow farts are great for humorous comments on the issue, it's been known for some time that cattle produce most of their greenhouse gasses (methane and CO2) from their front end. The methane mostly comes from their complex stomaches, which are marvelous digesters for plant material, but also produce significant quantities of methane as a byproduct. Their large intestines do produce methane, as do ours, but in lesser quantities.
Another fun story on the topic was the study a few years ago that identified the other major source of atmospheric methane: termites. They also digest cellulose, using bacteria similar to those in cattle, and they produce lots of CO2 and CH4 as byproducts, too. They're small, but you wouldn't believe how many termites there are in the world. Imagine a trillion little termites, each continuously burping and farting while chomping their way through wood and other plant material. Try not to grin at the thought.
It turns out that large grazing animals and termites each produce roughly 1/3 of the atmospheric methane, and the remaining third is from zillions of small sources. Human agriculture and industry are high on the list, but a very distant third to ungulates and termites.
As for CO2, though, all animals produce it by necessity, proportional to their metabolism. But we've been augmenting this by mining the planet's storehouses of hydrocarbons (coal, oil, natural gas) and burning it. The amount is pretty well understood, and easily explains the roughly 50% increase in atmospheric CO2 over the last couple centuries (primarily the last half century). Production and consumption of CO2 was more or less balanced until recently, but we've radically upped the production without doing much to increase CO2 consumption. It really doesn't take great genius to understand what this might lead to. It just takes a lot of scientific sleuthing to document the details to the level that we've done in recent decades.
Those who do study history are doomed to stand helplessly by while everyone else repeats it.
Don't get me wrong, I'm all for improving the emission situation, but there are two major problems with the approaches by lawmakers. First, as others have stated, cars only account for a very small portion of the emission problem, but they are also the most visable. Thus, cars are frequently targeted by lawmakers to make it appear like they are doing something about the problem, when in fact they are really doing very little at all.
The second problem is there is *no* real solution to the emission situation unless we change the fuel source we use to power our vehicles. No solution at all. Why? Because improving emissions on vehicles results in either: A) a reduction in performance by a vehicle, which results in higher fuel consumption, which makes the majority of the changes moot. Or B) Improving fuel efficiency, which results in people driving more often because it's cheaper. Again making the majority of the changes moot.
Quite frankly, outside of a massive investment by this country on the scale of projects like the interstate system and electrifying everyone's homes, or a sudden and surprising leap forward in technology, nothing is going to change significantly for some time to come. Money spent on improving emissions in the short term would be better spent on educating the populace so they make more informed decisions/alter their habits, and serious investment in long term alternatives like Fuel Cell technology.
You are who you are, let no one tell you different. But, never close your mind to a new point of view.
You can sit there in your smog filled city feeling smug about yourself, but the fact is, you need us more than we need you. We're self-sufficient as far as the necessities of life go. Have a nice riot when you guys figure out that you can't grow enough food to feed yourselves and can't get enough electricity to provide your air conditioning, heating and subways. I'm sure your centers of commerce will thrive under those conditions. Please, Confederate States of America, rise again and leave the Union. Take President Bush and Guantanamo Bay with you when you go. You won't be missed. /cough just remember, there's not much value of a terrorist attack on a silo. Foreigners who dislike Americans have a mental picture not of some hillbilly in Kansas, they picture the decadence of NYC or LA.
Stop Koolaid Politics
For one, junkscience.com is run by a non-scientist who used to do it-isn't-so-bad-for-you PR for tobacco companies. Many of the basic facts and theories used are accurate, but the conclusions drawn are misleading unless you've just had an actual class in the stuff and can see just what he's scientifically leaving out.
As to the prize? Carnivals offer "prizes" too. I'm sure you win them all the time.
Let's see what else you point to:
A "petition" which turns out to be a list of names, without and indication of where these people got their degrees, where they are currently working, and if they have any actual peer-reviewed (ie other scientists) papers published.
There isn't any indication of how to get on this list, or if you get paid money to allow your name to be used, but there is an interesting disclaimer at the bottom:
But nowhere on the site do I see any indication of where they actually receive their money from. Perhaps they are self-funding, since the top-level portion of the site is a link farm, with searches on "females" and "nuclear bomb shelters". If I don't just go to the top domain page, I find out this is sponsored by "Oregon Institute of Science and Medicine". Maybe someone can tell me if they are reputable.But oh, even better!
It seems like 1/3 are MD. I like how they don't explicitly note BS degreed people. So apparently, if I could figure out how, I could join this esteemed list. Even though in my 4 years of undergrad physics, I never once took a class that had anything to do with climate or weather. And I'm sorry, but having a physics degree doesn't give me instant knowledge of even "the summary for policymakers" section of the UN's climate report, the IPCC, or even guarantee I've read it.Despite whatever you might believe, or whatever hyperbolic excesses might or might not have been uttered by B-list celebrities, acid rain was a serious problem. You seem to think that, because the world still stands, and because fresh-faced children are still able to skip through meadows covered with wildflowers, that the danger of acid rain was illusory.
But the reason you don't hear such doom and gloom over acid rain these days is because we started regulating sulfur dioxide emissions. SO2 is actually one of the big regulatory success stories, and good evidence that such regulations don't significantly harm industry. When the regulations were being proposed, the energy lobby claimed it would cost industry $1200 for each ton of SO2 prevented. It turned out to be closer to $100.
You want the truthiness? You can't handle the truthiness!
Cause God forbid we place some standards on our industries' environmental impact
Were that true, I would agree with you, but you don't understand the people up there. If New York wanted clean power, they could build plenty of it. The state is mountainous and windy, there's ample tidal and offshore power, and plenty of rivers and oceans to build nukes on. The Northeastern USA has plenty of places to site solar, water, wind, and nuclear, all of which have no carbon impact.
But, no one there wants any power plant of any kind built near them, so, rather than retire older, inefficient infrastructure, they just raise taxes (either legislative, or via lawsuit) to make it look like they are doing something, but nothing changes, except that the taxpayer gets screwed.
The classic example is off the coast of Massachussetts. None other than the likes of Ted Kennedy and Walter Conkrite and the braintrust of the Democratic Party are fighting tooth and nail to keep a windmill project being built in the water a few miles away from them. Mind you, this could power the whole area they are living in. But, they don't want it near them.
Seriously. Just look at the power grid. The northeastern USA is a bunch of old coal plants, a bunch of gas turbines, a smattering of nukes and a couple of hydro facilities, and very little of it is newer than 1970. All the coal plants were built in the 1950s and OLDER. The hydro stuff dates back to the 1920s, although, they did drop in more efficient blades into one to make it better - but only after using the existing set for almost 80 years!
As soon as you try and build something in the northeastern USA, you get a bunch of people suing you, saying, not in my back yard. Then, they bitch about not have electricity. It has to come from somewhere, and they just want to -steal it-, and make somebody else do the dirty work of having the solar fields and windmills and what not. It's imperialism, pure and simple.
This is my sig.
"yeah, the red states have been relying on that philosophy for decades. Funny thing, though, hasn't really worked overall. "
Are you kidding, the past 10-20 years has seen growth in the south far out pace growth in the north both in terms of population and wealth.
In 1971 NY had 41 Electoral votes the about the same same as the sum total (42) of GA (12), NC (13), AL (9), SC (8). In 2004 NY had 31 compared to 47 for the four states listed above.
of the kids in my family (7) 4 moved away from NY for better employment opportunities (in NY if you don't live down state your in trouble). Thw moved to the south TX / SC, one moved west CA, and one moved the the mid west MN.
"The funny thing is you're going to suffer, too. I wonder how much you're going to be complaining about limiting pollution when it reaches you."
No the way this will affect him is because when auto makers start making changes for higher emission standards in the NE they are not going to make a second set of cars for the south.. He will have to buy the same, more expensive, vehicle that you do..