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.
======================================================================
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.
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Layne Blanchard says:
November 20, 2010 at 8:12 pm
The problem is: The People’s Republic of Kalifornia is a huge portion of the US economy.
It is now a cancer eating away at the country from within. If enough of us cannot stand together, drive the right agenda at the federal level, and eventually forcibly halt this self destroying progression, CA threatens to take out the whole country.
___________________________________________________________________
California is about 13% of the GDP of the USA
CA = 1,739,674 million 2005 dollars
USA = 12,903,778 million 2005 dollars
SEE: http://www.bea.gov/regional/gsp/action.cfm
California is 4% of the land area:
CA is 163,695.57 sq miles
USA is 3,794,083.06 sq miles
California has 12% of the US population
CA has 36,961,664 people
USA has 306,406,893 people
(2010 Census figures)
If productive people leave California in droves as they are currently doing they will bring their contribution to the US GDP with them. Hopefully they will leave behind the deadbeats who do not work and the seriously warped with their unrealistic views of how MY money should be spent.
@James Baldwin Sexton
BTW, the purpose of the second amendment was to ensure they couldn’t just ignore the first amendment.
fhsiv says:
“…..I don’t have a choice. All of my family is here (and has been here for generations). My livelihood is here. And I don’t want to leave. My only choices at this point are to oppose the bureaucratic juggernaut or give up (i.e. move out). I’m not ready to leave quite yet.”
__________________________________________________
As someone in California, would you agree that California should not be bailed out and since their politicians, with their blessings, made the mess they are in then they therefore should be required to fix it or live with the results?
There is enough diversity of scientific opinion (see Mr. Sowell’s “fairly fuzzy” quote) that CARB could defend virtually anything.
Therefore under this regulation the following statement would be prohibited:
“CARB has made an error”
No amount of backup support would mitigate the criminality of the statement.
In other words CARB is incapable of error and it is criminal for a person to submit a statement to the contrary. That is the purpose of this regulation.
@Gail Combs
Too late, we’re already massively bailing out California and the other big deadbeat states, too. This from poster Pat in Tips and Notes to WUWT:
…intended to post a few excerpts, but couldn’t find a single paragraph that didn’t contain something useful. So here’s the whole thing:State Bailouts? They’ve Already Begun
http://www.safehaven.com/article/18810/will-bailing-out-the-states-tank-the-dollar
Anthony
Actually, US Code 18 sub 1001 makes it a felony for any agent of the FEDERAL government to make false or fraudulent statements, not a member of the public.
The kalifornia Dreamers that elect the fools to Sacramento will deserve the
harsh times comming to kalifornia!
Harry the Hacker says:
November 20, 2010 at 11:54 pm
I’m an outside, and I find it curious, the double standards of the US….
Ah lurve the smell have hypocrisy in tha morning!
_____________________________________________________________
Harry, very well said. You have pointed out the reason the Tea Party came into existence and why the Rasmussen polls show those of us in the USA have no faith in our politicians.
Voters Believe Overwhelmingly That Politicians Don’t Keep Their Promises, and Most Say It’s Deliberate
“With the campaign season in full swing, voters are more cynical than ever about the promises politicians make on the campaign trail. But Democrats are far more trusting than Republicans and unaffiliated voters.
A new Rasmussen Reports national telephone survey finds that 81% of Likely U.S. Voters now say that most politicians do not keep their campaign promises. That’s up five points from 76% in November of last year. (To see survey question wording, click here).
Only seven percent (7%) think most do keep their campaign promises….”
I think, especially with the internet, you are going to see voters in the USA keeping much closer tabs on there Reps and screaming when said Reps betray them. That is one reason why the Democrats vilify the Tea Party and the Republicans are trying to engulf them.
The tea party is a wild card not “directed” by the power elite as the official parties and the UN NGOs are. The last thing the power elite want is for ordinary citizens to wake-up, lift up the rug and see the nasty treasonous mess that is the REAL US politics.
Quote from: http://www.rasmussenreports.com/public_content/politics/general_politics/october_2010/voters_believe_overwhelmingly_that_politicians_don_t_keep_their_promises_and_most_say_it_s_deliberate
jae says:
November 20, 2010 at 6:06 pm
Hey, the Californicators are going for the Guiness Book of Records for the Nonsense category. Too bad that the idiots will soon be bankrupt and begging the rest of the Nation for help. California’s majority (liberals/demos/mouth-breathing welfare recipients/illegal aliens) constitutes the perfect example of cognitive dissonance. I hope I don’t have to keep bailing out those morons, but until January, I probably will….
QE3 is already in the works for 2011, Ben’s printing press will run overtime to bail out the states and the municipalities, QE4 for 2012…
Peter Miller says:
November 20, 2010 at 11:55 pm
There is something about unelected bureaucratic organisations, which once may have had a purpose and now do not, that turn them into perpetual growth machines that:…..
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Peter you almost have it correct. Bureaucratic Agencies are extremely toxic to SMALL businesses. Major corporations generally place their own people in as high ranking bureaucrats and therefore get a pass for breaking the rules while small businesses are bankrupted.
http://seekingalpha.com/article/208403-wall-street-and-government-revolving-door-spins-at-dizzying-pace
I have CARB’s “proposed regulation” filed with “No Pressure” under Totalitarianism.
Anthony,
Actually, US Code 18 sub 1001 only applies to federal AGENTS, not to the general public.
Magnus A says:
November 20, 2010 at 7:27 pm
Has this one been posted? Well, I guess that Arnold can’t be mocked too much nowadays.
Maybe Arnold had a reverse epiphany.
major says:
November 20, 2010 at 7:37 pm
Only if the law includes unfounded or dishonest statements submitted by Global Warming wackjobs (of which there are thousands)……in any case we have to be prepared to legally preempt and prosecute the CARB…..Arnold is complete fool and has completely failed the constituents who voted him in to fix things.
Could this law be tested with the following submission “The glaciers in the Himalayas will melt by 2035”!
One could submit the last IPCC report???
now, if CARBs new laws also apply to internet blogging sites……..
So much easier to threaten the blog service providers.
And as for politicians; I don’t know much about the USA ones, but in the UK we have three major parties (well, two big ones and one smaller sniveling one) that are only distinguishable by their “colours”.
One blue, another sorta red and the smaller one orangey….
Quite frankly the relationship between them is incestuous and means they all tend to be the same….a sorta wishy-washy greeny-red-blue-orange sorta colour…all with expensive green policies that are unachievable and expensive.
Gasoline is $1.91 per imperial gallon…and going up 5% next Jan…
Gas (methane) for heating is about 11 cents (US) for one kwh (going up 7% immediately in spite of a $3.19 billion profit)
Not to worry: Come the revolution (sic)
This statist mentality of Arnold and his CARB is the same thing that is behind the plans to depopulate large portions of the country and return them to a wilderness state, off limits to most of the public, for the large predators, wolves and mountain lions, and native vegetative species. These people are very dangerous to our future.
AndiC says:
Just thinking from Down-Under, but isn’t this proposal in direct contravention of the first amendment and the Bill of Rights?
——————————————————–
Speaker Pelosie says: “Are you serious?:
———————————————————–
Obviously the farther one is removed from the Beltway, the less understanding one has of the US Constitution and Bill of Rights in relation to the Ruling Class.
These documents provide only rough guide-lines and suggestions to our elected representatives. In addition, our Declaration of Independence, which appears in the US Code, states that we “are endowed by our Creator with certain unalienable Rights” has no relevance to an atheistic government.
Rainer Link says:
November 21, 2010 at 2:18 am
Note from Germany:
Unbelievable!
This kind of law was one basis of the NAZI/Hitler regime,
the US fortunately liberated us from.
May be it comes back to us again: Green dictatorship.
It always comes back, it never dies, it never rests, the lust for dominion is always present, and freedom requires continuous vigilance and sacrifice, as the default state for humanity is enslavement, the potential for humanity is of course – conscious adult liberty – but it requires courage and effort to attain and maintain it.
For all you folks who have faith in the US Constitution and Bill of Rights, consider that challenges to CARB Fascism would have to make it through the US Ninth Circuit (circus) Court. You can read for yourselves what extreme wackos occupy those powerful positions.
Then on to the US Supreme Court who ruled that CO2 is a dangerous pollutant if I’m not mistaken, and has recently been padded with judicial lightweights and true believers (Kagan and Sotomayor).
All you “reasonable”, “fair” moderates, “independents”, and Demo voters feeling good now that you couldn’t vote for Repubs because they were “too extreme”?
Good chance that you’ve voted away your civil rights. Think the ACLU will come marching to your rescue?
So the Emporator thinks he has some new clothes. Shame he forgot the thermal underwear.
Denying Americans Their Own Energy
http://factsnotfantasy.blogspot.com/2010/11/denying-americans-their-own-energy.html
“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. ”
That is exactly how one fights a regulation like this. Force them to demonstrate the “truthfulness” of everything they base their regulations on.
The CARB board has been around now for 40 odd yrs, created for the purpose of the smog problem in the LA area if my memory serves me correctly. So far the problem has not gone away nor slacked off, the smog is there for all time. Go back in the native historys and you will see that the indians had the same smog problem then. CARB has come up with some good regulations to help combat pollution has is thier mission but the power that they seem to keep getting from were no one knows is getting out of hand to say the least. IMO they need to be raned in on a short leash and reminded of thier original purpose and get back to it!!!
Since when and where does a CA administrative agency get the authority to adopt rules that define and punish conduct it declares to be criminal? This power resides exclusively in the legislature. CARB’s proposed rule is usurpation of legislative authority by an executive agency. This proposed rule is unconstitutional for two reasons: violation of the separation of powers doctrine and a void attempt to formulate public policy.
JohnM says:
November 21, 2010 at 9:40 am
‘Gasoline is $1.91 per imperial gallon’
Er no, not at all. Don’t you mean per litre? That’s what I’m paying in SE England. Per (uk) gallon that would be $5.08 or so (though, unlike some climate scientists, I’m quite prepared to have my calculations challenged).