The EPA is challenged in the Supreme Court over greenhouse gas regulations

It has not been a good week for the EPA. After wide media coverage yesterday put sunlight on the massive fraud of one of their top climate officials, now today, there is a challenge filed in SCOTUS.

I have been given the amici curiae brief. The cover reads:

amicus_epa

And the question posed is:

amicus_epa2

Since the document is password protected, I’m unable to do anything beyond post screencaps and the document itself. The brief was created by several well known climate sceptics, plus a former chairman of the EPA Clean Air Scientific Advisory board.

The arguments are:

amicus_epa4 amicus_epa3

 

Read the entire submission (PDF) here: Amicus_curiae-EF_SC_Merit_12-1146etseq.tsacScientistsFinal_Final

 

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Arno Arrak
December 17, 2013 1:41 pm

What is missing in their lawsuit is the fact that there is no greenhouse warming now despite the highest ever atmospheric CO2 amount. There has been no warming for 15 years which I as a scientist consider sufficient proof that greenhouse warming does not exist. EPA science is based on Svante Arrhenius and is proven wrong by the work of Ferenc Miskolci. But the fifteen years no-warming is just the tip of the iceberg. There was also an eighteen year no-warming period in the eighties and nineties.that was fraudulently covered up by a non-existent “late twentieth century warming.” I proved it did not exist and even warned against it in the preface to my book “What Warming?” After two years, the big three of temperature – GISTEMP, HadCRUT, and NCDC – stopped showing it. They changed their data for this period to correspond to satellites that do not show the warming. It was done secretly and no explanation was given. The explanation is that my book exposed their scam. What these guys going to court should do is to use this fact directly to strike down EPA instead of confining their objections to subsidiary technical arguments.

joe
December 17, 2013 1:46 pm

The EPA has zero chance of losing the case for the following two reasons
1) The sole method of stopping the endangerment finding is whether the EPA followed correct administrative procedures in determining whether co2 was a pollutant. They do not have to show that co2 is an actual pollutant, Scientifically, there is enough “scientific belief” in the “scientific world” that supports the argument that co2 is a pollutant.
2) secondly, as demonstrated by ginsburg in her ACA concurring opinion (effectively a dissent on the commerce clause denial of the mandate), as long as the policy is considered sound, then the 4 leftist will find that the endangerment finding is constitutional. (her concurring opinion in the ACA case on the commerce clause was 17-18 pages of which 14 where policy arguments in favor of the mandate and 2 pages of legal analysis on the commerce clause have zero limitations and 2 more pages of policy arguments.

dennisambler
December 17, 2013 1:52 pm

The EPA funded Wigley’s MAGICC model,
The MAGICC manual says that “considerable input has come from the EPA, in that “Versions 4.1 and 5.3 (and intermediate versions) were funded largely by the U.S. Environmental Protection Agency through Stratus Consulting Company.
Endangerment Findings Technical Support document says: “This document provides technical support for the endangerment analysis concerning greenhouse gas (GHG) emissions that may be addressed under the Clean Air Act. The conclusions here and the information throughout this document are primarily drawn from the assessment reports of the Intergovernmental Panel on Climate Change and the U.S. Climate Change Science Program.”
“This document itself does not convey any judgment or conclusion regarding the question of whether GHGs may be reasonably anticipated to endanger public health or welfare, as THIS DECISION IS ULTIMATELY LEFT TO THE JUDGEMENT OF THE ADMINISTRATOR.”
“The EPA authors of the Endangerment Technical Support Document are mainly economists and environmental policy specialists, with qualifications like Masters in International Affairs or Public Policy and Management, although there are a couple of chemists, engineers and one meteorologist. Some are also IPCC authors and many are involved in the production of the proposed regulations…”
Reviewers included Gavin Schmidt, Tom Karl and Susan Solomon.
Read the rest here: “The United Nations States Environmental Protection Agency”
http://scienceandpublicpolicy.org/originals/the_un_states_epa.html
You might also have a look here for more background on the EPA and the UN
http://scienceandpublicpolicy.org/originals/lisa_p_jackson_epa_administrator_fulfilling_the_un_mission.html

clipe
December 17, 2013 1:54 pm

AleaJactaEst says:
December 17, 2013 at 10:02 am

pi**ing in the wind, snowball in Hell’s, US winning the World Cup, not a prayer, the Arctic will be ice free in our lifetime. You get the message about how much chance this has of succeeding

Given the odds, my money is on the USA winning the FIFA World Cup in Brazil.
It’s only a matter of time.

Louis
December 17, 2013 2:08 pm

Why do I get the feeling that the Dread Justice Roberts will rule that the EPA’s authority to regulate emissions from moving vehicles applies to stationary sources too? I can see him arguing that nothing is really stationary since the Earth rotates and is also revolving around the Sun. That’s a whole lot easier to argue than that the Obamacare mandate is a tax when the very legislators who passed it are on record saying it was not a tax. If the court can completely ignore legislative intent, it can do anything it wants.

December 17, 2013 2:12 pm

LOL… That is so cute, how some Amerikans actually still believe that they live in a democracy where justice is blind. Welcome to the USSA.

December 17, 2013 2:15 pm

Louis, you silly denier, don’t you know that the sun revolves around the earth? Just ask Pope Gore.

December 17, 2013 2:27 pm

No hope for the human race: we argue endlessly abou a harmless gas that POTUS has vowed to fight….. While thousands die in Syria, Africa, Korea, South East Asia, and on and on… And we sit on our hands and argue semantics.
Must be the Christmas Grinch in me but I feel a bit sad for the world.
Whatever happened to people with brains AND the ability to make the world a better place.
However, it IS a better place for millions (billions) so what the heck. Merry Christmas season to all (or whatever happy season you use)
There. Feeling much better!
“Good day, eh?”

Dr Burns
December 17, 2013 2:43 pm

Bureaucrats like the EPA are only interested in protecting their butts. The IPCC is the perfect foil. Who gives a damn about the truth.

ShrNfr
December 17, 2013 3:09 pm

, The petition for was granted on 10/15/13 subject to: “Oct 15 2013 Petition GRANTED limited to the following Question: Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.”
Full history of all amicus, etc. available here: http://www.scotusblog.com/case-files/cases/chamber-of-commerce-of-the-united-states-v-environmental-protection-agency/

Editor
December 17, 2013 3:27 pm

The Supreme Court has granted certiorari in this case, it has been fully briefed and oral arguments will be heard on Monday, February 24, 2014. Five additional cases have been consolidated with this case.

Teddi
December 17, 2013 3:29 pm

Mark and two Cats says:
December 17, 2013 at 10:27 am
Steven Mosher said:
December 17, 2013 at 10:19 am
clue never say your opponents argument makes no sense. Chances are you are misunderstanding or misrepresenting and failing to take your opponents argument seriously is a tactic that fails more often than it succeeds.
——————–
And he should know 😉
———————————————————
..better that anyone !

Robert of Ottawa
December 17, 2013 5:03 pm

Monroe December 17, 2013 at 10:03 am

When the SCOTUS is PC we are all in DS.

PC I understand … DS? Deep .. uhmmm … Seas? 🙂
-17C high today in Ottawa – better than yesterday, but will be worse again this weekend. Waking up to -27C plus 11C wind-chill (it gets worse the lower you go) is challenging.

December 17, 2013 5:31 pm

Robert of Ottawa says:
December 17, 2013 at 5:03 pm
************************************
-15 F here this morning, snowing hard at 5 F sunday and tonight. I know the horrors you speak of. friday, saturday, sunday were a high of 13 F or so here but it was brief, spent most of each day around 6 F.
depending on how storm hits tonight I could get 8-15″, got 13 sunday thats not cleared.
meh, its maine. not unusual.

Teddi
December 17, 2013 5:42 pm

Ruth Bader Ginsberg – Leftist / AGW lover
Sonia Sotomayor – Leftist / AGW lover
Elena Kagan – Leftist / AGW lover
Stephen G. Breyer – Liberal / Favors EPA Regs
Anthony Kennedy – Liberal / Swing / Mixed on Environment & Regs
Chief Justice John G. Roberts – Conservative / Appears to be Anti-Regulation?
Samuel A. Alito – Conservative / Anti Regulation
Antonin Scalia – Conservative / Anti Regulation
Clarence Thomas – Conservative / Anti EPA

EternalOptimist
December 17, 2013 5:47 pm

not a citizen of the US, so maybe I should keep my beak out. but my takeaway from this thread is that
the science is falsified
the EPA is falsified
the SCOTUS is falsified
and there is bugger all we can do about it

DT
December 17, 2013 5:50 pm

Don’t worry guys. Obama has promised that if you like your fossil fuel energy, you can keep your fossil fuel energy. Period.
Oh…wait….

OssQss
December 17, 2013 5:56 pm

In the immortal words of the VP of the US “This is a big ****ing Deal!”
This is bigger than the healthcare decision folks!
20% of the US economy fell pray to the ACA.
How much of this economy rides on energy needs? Think about those tenticles >

December 17, 2013 6:01 pm

http://www.law360.com/articles/491448
“The case will center around the EPA’s expansion of its Prevention of Significant Deterioration and Title V permitting programs to include greenhouse gases from certain new and modified stationary sources triggered by the release of the tailpipe rule, which the D.C. Circuit upheld last year.
If the Supreme Court sides with the petitioners — led by the Utility Air Regulatory Group — it could invalidate EPA’s so-called timing and tailoring rules, which require major stationary sources to apply for GHG emissions permits once the motor vehicle standards become effective. The rules also lay out a timeline for sources to apply for permits based on the scale of their GHG emissions.
In that case, observers say the EPA could be forced to issue an independent endangerment finding for stationary sources, which could delay the agency’s efforts to regulate their GHG emissions.
But by denying petitions seeking to revisit the Massachusetts decision, observers say the high court has indicated that it’s only willing to address how the EPA regulates greenhouse gas emissions, not whether it can regulate them”
Even best case scenario means the EPA will still be regulating CO2 emissions, leaving authentic scientists and honorable people frustrated by how the catastrophically corrupted system works………but that doesn’t mean there is no hope.
Personally, I think that it gets harder and harder to distort, mislead and stall for the alarmists, waiting to be rescued by a resumption of the increasing global temperatures that seemed to support the case back in the 1980’s and 1990’s.
You might still be able to draw a 100 or 150 year global temperature uptrend line in 2020, using data that starts at those points but even the scientifically impaired, media and others brainwashed by the convincing propoganda will eventually see the fraudulence.
The truth can’t be suppressed forever and some of us are just earlier than others recognizing it. In this case, the truth has been so effectively disguised and the lies so convincingly told by entities that know how to employ powerful brainwashing techniques on a global scale that it’s taking much longer than any of us prefer.
Unfortunately, there has already been great harm done. The train has already left the station and it will take a train wreck before many of the passengers realize they were always on a track headed in the wrong direction.
In a generation, Al Gore will have been stripped of his Nobel Peace Prize but will never have to pay for his horrible crimes, unless you consider something that most of us cherish most…….our reputation.
In the last 5 years, Al Gore’s reputation has taken a nose dive and is accelerating lower. He still earns top dollar for speaking engagements and appearances with the alarmist crowd but he is quickly becoming the poster child for climate LIE-ence, the butt of jokes and some on his own side are trying to distance themselves from him.

ossqss
December 17, 2013 6:27 pm

I agree with Steve on both points.
The documentation has some issues. Content and references are supurb. It is apparent that there were some issues with the translation from scientific speak to legaleezzee involved from my shoes.
2nd,,,,,The timing of evidence can play a significant roll in any courtroom. Just like an “Ace” in the hole, if you will.

ferdberple
December 17, 2013 7:58 pm

thisisnotgoodtogo says:
December 17, 2013 at 10:47 am
How is it that oxygen has not been ruled to be a pollutant?
Look at what damage it can do.
==========
following a heart attack, it is oxygen that does the damage.

john robertson
December 17, 2013 8:13 pm

Can the plaintiffs call Mr Beal as a witness?
Was he not the EPA climate change expert at the time of the endangerment decision?

December 17, 2013 9:04 pm

I have not seen the following objection to the Endangerment Finding:

•Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed greenhouse gases — carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) — in the atmosphere threaten the public health and welfare of current and future generations.

Six key well-mixed greenhouse gases.
CO2, CH4, N2O, HFCs, PFCs, SF6 are not interchangable GHGs. Their power and concentrations are different.
They are well-mixed only in the atmosphere far away from their sources.
But these GHGs are NOT well-mixed at their sources!
It is the sources that need to be regulated. So the mix of gases need to regulated separately. Yet the Endangerment Finding lumps them together because they are “well-mixed.”
Watch the pea under the thimble
It is like: “PFCs are strong greenhousegases. PFCs fit within the definition of the CAA. PFCs need to be regulated from their few significant sources.
CO2 is a greenhouse gas, too. Therefore, we need to regulate CO2 regardless of the strength and amount of CO2 and the number of sources emitting CO2.”
Waiting in the wings….
H2O is a greenhouse gas. It is a stronger GHG than CO2. Anything emitting H2O needs to be regulated.

bobl
December 17, 2013 11:28 pm

The EPA in the USA is clearly out of control but I’d like to see the following addressed,.
The endangerment finding itself is clearly flawed, one must consider the effect of elliminating CO2 to zero in finding it a pollutant. It is either a pollutant at all concentrations or its not a pollutant at all. The EPA can’t have half measures, theoretically should the EPA reduce CO2 to below 170 PPM with its ruling can it now say it is no longer a pollutant or must it continue to regulate emission to the point of destroying all life on earth. This is a constitutional and human rights violation of the highest order. Reducing CO2 causes crop yields to fall and denies the worlds population of their right to life. Reducing CO2 therefore is a crime against humanity.
In the models it is not CO2 that causes dangerous warming but the feedback effect of water, which has twice the effect of the C02 alone. It strikes me that the EPA can’t exclude water from the list of GHGs it has identified. A legal argument could be mounted that the EPA has regulated the wrong gas.
Congress should act, and it should act by declaring that CO2, water, nitrogen, oxygen are not pollutants, and are constitutionally protected under the right to life.

johnmarshall
December 18, 2013 3:07 am

The EPA needs to be shut down bwfore it does more damage to the US.
bobl,
Water vapour does not cause any warming it cools due to the need for latent heat used in its formation. This heat is subtracted from the surroundings. It takes 7.6 times as much heat to convert 1 gallon of water at 100C to vapour at 100C as it takes to heat that same gallon from 0C to 100C. That is a lot of heat.