My View: The California Air resources Board is quickly becoming the most dangerous bureaucratic organization in California. This latest contempt for a public that questions the validity of their mission is way over the top. As the headline says, CARB is actively considering:
…a proposed regulation which would prohibit dishonest statements or submittals offered to the Board or to its staff.
Guess who gets to determine the “dishonesty” of a “statement or submittal” to CARB?
Of course, it’s OK if CARB makes a 340% error of their own while using false data to impose their will on the people of California. And of course it’s OK to publicly flaunt the ugly hubris of the CARB boss Mary Nichols rubbing her glee in the face of the citizens of California that voted for Prop 23. And of course it’s OK to simply demote a CARB “scientist” who lied about his PhD degree obtained from a UPS store rather than fire his fraudulent bureaucratic butt and then stage a cover up about it. But, when a citizen submits some data or opinion to CARB that they may later find questionable? Well, that’s a whole different matter.
What a bunch of self serving, holier than thou, public sector putzes!
Evidently CARB is contemplating a regulation that would enable penalties for what would be judged “dishonest statements or submittals” provided to it or “staff.” I think one can safely assume that it is aimed at curtailing challenges to CARB’s agenda that are based on alternative scientific information and interpretations.
Here’s a message from their listserver, you just have to read this to believe it:
—–Original Message—–
From: owner-arbcombo@listserv.arb.ca.gov
[mailto:owner-arbcombo@listserv.arb.ca.gov] On Behalf Of wfell@arb.ca.gov
Sent: Thursday, November 18, 2010 2:31 PM
To: post-arbcombo@listserv.arb.ca.gov
Subject: arbcombo — Air Resources Board Workshop to Discuss Proposed Regulation Relating to False Statements Made to ARB or its Staff
ARB staff invites you to participate in a workshop on December 1, 2010 to discuss a proposed regulation which would prohibit dishonest statements or submittals offered to the Board or to its staff.
The workshop will provide the public with a chance to discuss the proposed regulation and to provide initial comment and feedback
We welcome your participation in this event.
For further information, please view the web page at http://www.arb.ca.gov/html/falsestatements/falsestatements.htm
which contains regularly updated information.
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You are subscribed to one of the lists aggregated to make this particular ARB combination listserve broadcast. To UNSUBSCRIBE:
Please go to http://www.arb.ca.gov/listserv/listserv.php and enter your email address and click on the button “Display Email Lists.”
To unsubscribe, please click inside the appropriate box to uncheck it and go to the bottom of the screen to submit your request. You will receive an automatic email message confirming that you have successfully unsubscribed. Also, please read our listserve disclaimer at http://www.arb.ca.gov/listserv/disclaim.htm .
The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, visit the Flex Your Power website at www.fypower.org ..
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My source for this email (who shall remain nameless) writes:
An attorney-member of our network, (Roger E. Sowell), who is knowledgeable in environmental law and possesses a strong technical background, had the following initial reaction:
There is a Federal law at 18 USC 1001, that provides for a fine and up to 5 years imprisonment for knowingly and willfully providing false information of a material fact, among several other things, to any part of the Federal government. (I’m paraphrasing here). see e.g. http://vlex.com/vid/sec-statements-entries-generally-19190798
As just a sample of the issues, the key words are:
“Knowingly”
“Willfully”
“False”
“Material”
Each of those words has a specific meaning, usually hammered out in court cases. CARB cannot just arbitrarily choose definitions of such words, to suit their purpose. They must comply with the law and legal precedents. Where this gets very, very interesting is in the definition of “false.” We are dealing with scientific information, and science is fairly fuzzy. There are uncertainties in data measurements, to name merely one of several problem areas, as well as experimental design errors, choice of data analysis methods, interpretation of results, etc.
There are almost always factions of scientists that can be found to support almost any view – although a few viewpoints are appropriately discredited as crackpot. The fact is that new data is discovered or developed; new and better explanations for old data are developed; old theories discarded and new theories put forward, showing that science is not settled and that the definition of “false” is slippery when applied to a statement related to science.
There are other problems with a criminal falsity statute, such as applicability to various situations, and exemptions, also conformity with the Constitution and various standards embodied there. In addition, there are fraud claims that can arise if funding for scientific research led to false statements based upon the research findings.
Also, this could easily be turned around on CARB, by asserting that the “science” they relied on in many of their regulations was false information, knowingly and willfully presented.
How can anyone be surprised with something like this coming from CARB?
On September 1, 2010, the California Air Resources Board’s (ARB’s) Tire Pressure Regulation took affect. The purpose of this regulation is to reduce greenhouse gas emissions from vehicles operating with under inflated tires by inflating them to the recommended tire pressure rating. The regulation applies to vehicles with a gross vehicle weight rating (GVWR) of 10,000 pounds or less. Automotive service providers must meet the regulation’s following requirements:
* Check and inflate each vehicle’s tires to the recommended tire pressure rating, with air or nitrogen, as appropriate, at the time of performing any automotive maintenance or repair service.
* Indicate on the vehicle service invoice that a tire inflation service was completed and the tire pressure measurements after the service were performed.
* Perform the tire pressure service using a tire pressure gauge with a total permissible error no greater than + two (2) pounds per square inch (psi).
* Have access to a tire inflation reference that is current within three years of publication.
* Keep a copy of the service invoice for a minimum of three years, and make the vehicle service invoice available to the ARB, or its authorized representative upon request.
http://www.arb.ca.gov/cc/tire-pressure/tire-pressure.htm
“I’m not that familiar with US law but wouldn’t any action by CARB end up in a real court?”
Maybe not. CARB can write and approve its own regulations without approval of the legislature or any elected official. If you appeal a CARB regulation, you appeal path is to CARB. I believe Brown did a pretty good job last time he was governor at making CARB some sort of “special” bureaucracy that can approve its own regulations and judge its own complaints.
The counter-balance to this proposal by CARB, is that the CARB board members should be personally liable for advice that they discard.
Where’s Lex Luthor when we need him?
These guys should google the word “inquisition”
That would give them a few ideas of how to proceed.
Isn’t California among the United States of America any longer?
I have not listen to this by Jim Inhofe in detail, but it seems good. Mostly about EPA and Lisa Jackson though, but also about pessimism on regulations through the back door…
Another article (may have been posted here?) :
http://www.examiner.com/ecopolitics-in-los-angeles/climategate-anniversary-skeptics-science-prevail
Just now made another offering to San Andreas, the patron saint of all of us who would strive to survive…
Can I recommend that people here read The Trial by Kafka. It will give you a few tipps on what madness is coming next.
Tonyb
Ed Caryl says:
November 20, 2010 at 6:24 pm
“It should be pointed out to these dolts that California has lost a million jobs while Texas has gained a million. I wonder why? I second the thought; leave while you can.”
Yep. I was one of those back in 1993. Lived in southern Cali 18 years then when the cold war ended there were massive layoffs of engineers at defense plants – the “peace dividend”. Lots of us landed in Austin, TX which was undergoing a high tech boom. We called ourselves high tech refugees. You can’t swing a dead cat in Austin without hitting a high tech refugee from California. I expect there’ll be a new mass migration of green tech refugees and businesses relocating here. Benefits include no state income tax and a balanced budget which are both requirements of the state constitution.
lgl says:
November 21, 2010 at 4:55 am
These guys should google the word “inquisition”
That would give them a few ideas of how to proceed.
Isn’t California among the United States of America any longer?
Nobody ever expects the Green Inquisition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
I’m pretty sure CARB doesn’t trump federal Constitutional law.
By the way, Governor Rick Perry of Texas has vowed to defy the EPA should they attempt to regulate CO2 emission. Perry was reelected this month to another 4 year term by a large majority and he was prior to the election already the longest serving governor the state has ever had. Perry is so sick of federal government in Washington, D.C. he makes tea party luminary Sarah Palin look like an admirer of big government.
It’ll be interesting to see a showdown between the EPA and Texas that’s for sure. If Texas were a country it would have the 15th largest national economy in the world and its economy is still humming along nicely despite the recession. Every statewide elected office is held by a Republican and there are large Republican majorities in both state house and senate. It’s been that way for a long time. You know what they say, if it isn’t broken don’t try to fix it. If the blue states of America or the federal government had any common sense they’d try to emulate Texas and thereby hope to achieve the same level of success.
My other “home” state beside California and Texas is New York. I’m not sure if New York is doing any better than California. They’re both dysfunctional. I’m from rural upstate New York and everyone I know there always has and still continues to blame all New York State’s problems on New York City which is generally viewed as a hopeless quagmire of crime and corruption. Upstate New York is a great place to live if you don’t mind plenty of snow in the winter and can tolerate the high taxes which are higher now than ever. I miss the starkly beautiful white winters and autumn colors a little bit but not nearly enough to endure the confiscatory tax policy. But hey, at least they don’t have to call Hillary Clinton “The Senator from New York” anymore which is a change I can believe in.
AndiC says:
November 20, 2010 at 8:15 pm
Just thinking from Down-Under, but isn’t this proposal in direct contravention of the first amendment and the Bill of Rights?
Bob Diaz says:
November 20, 2010 at 9:36 pm
I wonder how this law will stand up against the First Amendment Rights:
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I guess I could have read all of the posts first, but you guys are right, it is in direct opposition to the First amendment, by my estimation.
BTW, Bob, instead of “[” use “<"
Can we get this law to cover the New Jersey charges against Michael Mann?
It goes both ways.
This is how it works all over the world.
Plant your seeds beneath the surface and let them germinate.
When they start to grow, you hoe the other plants that compete with them.
Democracy does not count because they are not elected, they are appointed.
You didn’t get to vote for them because they are almost unelectable on their own.
It’s getting to be like that in many “democratic” countries.
Green and Red get into the same bed and the offspring of the relationship are no longer people, just soldiers fighting the life-long socialist war with a green tint.
You cannot fight them with democracy because they sneer at the ballot box.
I think the solution is simple; all it requires is more tea. Federal tea stops growing deficits, develops financial responsibility, and closes borders. State tea involves choosing which bureaucracies to eliminate because there is no funding for them, “truing” the vote, and requiring both citizenship and work for any state assistance. Yes, it will be difficult, but since Gov. Moonbeam will be broke, I am looking forward to the future even though I live in Kalifornia. More power to you, Anthony. I hope you can help turn CARB’s proposed regulations against it/them — those nutty fascist-marxists.
For those of you who haven’t seen the movie “Brazil” (http://www.imdb.com/title/tt0088846/), now is the time to do it. What used to be a Orwellian black comedy in the eighties is quickly becoming reality. Our society needs a gigantic wakeup kick in the but before it is too late.
Communism by any other name…
Slabadang called 1/2 of it.
The other half is who paid for it.
Just admit it – it’s the first step in the road to recovery.
The second step is Tea in the Bay.
Chat is cheap, while you keep paying and don’t have the moral fiber to Just Say No – and mean it.
Your’e not there yet. You have elected governor moonbeam, father of ebonics.
Take responsibility and stop the useless whining or go down as you have worked for, paid for and richly deserve.
Bye bye USA – once you were a beacon of liberty. Now you just clench and kill the hamsters. It was your choice.
Will I get in trouble for commenting?[probably . . but not from us . . mod]
California is the soon to be banana republic leading the way.
Doesn’t there have to be harm inflicted for there to be a crime and penalty? And isn’t there something about reasonable. Damned if I know but then California creates its own reality.
Their argument is weak and they need to be the only voice the public, which is struggling to survive thanks to these same people, hears. This is intimidation by government with the intent to silence opposition which is a crime.
In fairness though it seems to be a widely used tactic these left wing socialists, with no ability except to wreck the country, are using.
I heartily agree with Gail Combs and DJ Meredith. Modify the law so that it applies to the CARB, the IPCC, the GISS, the CRU, and the TEAM. After is passes, everyone hit the tip jar as hard as possible, and sue them all! We need a Scopes Monkey Trial to expose how fraudulent data is used to pass spurious environmental regulations around the world. I’d love to see the entire gang hoist by their own petard!
“And of course it’s OK to simply demote a CARB “scientist” who lied about his PhD degree obtained from a UPS store rather than fire his fraudulent bureaucratic butt and then stage a cover up about it. ”
This so called “scientist” upon being demoted subsequently crashed a test vehicle destroying over $300K worth of equipment. This is also part of the cover-up.
The more I see about people like the woman who controls CARB and other radical warmist organizations, the more I’m reminded of the smug nazi bastards in the Indiana Jones movies and many other movies portraying this personality type.
We truly have as much to fear from Mary Nichols, and those like her, as the world should have feared Hitler and his disciples in the late twenties and early thirties.
This is truly my opinion. So, it is not “Knowingly” “Willfully” “False” “Material”. I think I’m safe speaking my opinion. But, for how much longer. And, when they reach the position his disciples had reached by the late thirties, will opinions like this be used to help rid the world of my carbon footprint?