An Alternative Discussion on Energy and Climate Change Policy

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Things are never quiet on the climate front.
After calling dangerous manmade climate change a hoax and vowing to withdraw the USA from the Paris agreement, President Trump has apparently removed language criticizing the Paris deal from a pending executive order initiating a rollback of anti-fossil-fuel regulations, to help jumpstart job creation.
Meanwhile, EPA Administration Scott Pruitt says he expects quick action to rescind the Clean Power Plan, a central component of the Obama Era’s war on coal and hydrocarbons. The US House Committee on Science, Space and Technology is reopening its investigation into NOAA’s mishandling or tampering with global temperature data, for a report designed to promote action in Paris in 2015.
Hundreds of scientists signed a letter urging President Trump to withdraw from the UN climate agency. They warn that efforts to curtail carbon dioxide emissions are not scientifically justified and will kill jobs and exacerbate US and international poverty without improving the environment or stabilizing climate.
Hundreds of other scientists told Mr. Trump he must not waver on climate stabilization efforts or make any moves to defund government or university climate research. Hundreds of businessmen and investors told the President failure to build a low-carbon economy puts American prosperity at risk.
Over in Britain, Members of Parliament say efforts to build a low-carbon economy have led to a 58% rise in electricity prices since 2006, sending manufacturing and jobs overseas, to countries that are under no obligation to reduce fossil fuel use or CO2 emissions. MPs are also angry that carefully hidden “green subsidies” will account for nearly one-fourth of sky-high residential electricity bills by 2020.
All of this is a valuable reminder that the Climate Crisis & Renewable Energy Industry is now a $1.5-trillion-a-year business! And that’s just for its private sector components, the corporate rent-seekers.
This monstrous price tag does not include the Big Green environmentalism industry, the salaries and pensions of armies of federal, state, local, foreign country and UN bureaucrats who create and coordinate climate and renewable energy programs, or the far higher electricity and motor fuel costs that businesses and families must pay, to cover the costs of “saving people and planet from climate ravages.”
Earth’s climate is likely changing somewhere, as it has throughout planetary and human history. Our fuel use and countless other human activities may play a role, at least locally – but their role is dwarfed to near irrelevance by powerful solar, oceanic, cosmic ray and other natural forces. Moreover, real-world ice, sea level, temperature, hurricane, drought and other observations show nothing outside historic fluctuations. Unprecedented disasters exist only in the realm of hypotheses, press releases and computer models.
So there is no reason to cede control over our livelihoods and living standards to politicians, activists and bureaucrats; replace reliable, affordable fossil fuel energy with expensive, unreliable renewables; destroy millions of jobs in the process; and tell billions of impoverished people they must be content with solar ovens, solar panels, wind turbines, and health, nutrition and living standards little better than today’s.
There is no reason to honor the document that President Obama unilaterally signed in Paris. As Dr. Steve Allen observed in a masterful analysis: “The decisive action promised in the treaty that is not a treaty consists of governments, most of them run by dictators and thieves, promising, on an honor system, to take steps of their own choosing, to change future weather patterns, and then coming up with ways by which they can measure their own progress and hold themselves accountable by their own standards for the promises they have made, on penalty of no punishment if they break their word.”
Mainly, Allen continues, the Paris con is about “taking money from taxpayers and consumers and businesspeople and electricity ratepayers, and giving it to crony capitalists; and taking money from people in relatively successful countries and giving it to rich people in poor countries, to benefit governing elites.”
India alone wants hundreds of billions of dollars in climate “adaptation and reparation” money from industrialized nations that are supposed to slash their fossil fuel use, CO2 emissions and economic growth, while pouring trillions into the Green Climate Fund. Meanwhile, India, China and other rapidly developing nations are firing up hundreds of coal-fueled power plants, burning more oil and gas, and emitting more CO2, to industrialize their countries and lift their people out of abject poverty – as well they should.
So just follow the money – and power-grabbing. That is the real source of the religious fervor, the Catechism of Climate Cataclysm, behind the vehement denunciations of President Trump for having the gall to threaten the global high priests who drive and profit from climate change fear mongering.
Those forces are desperate and determined to keep their power and money train on track. They’re ramping up indignation and cranking out “research” to justify their demands. For example:
Expert Market (whose core expertise is helping companies compare prices for postage meters, coffee machines and other B2B products) has just released a study purporting to show which US states will suffer most “from Trump’s climate change denial” and America’s “climate change inaction.”
The total cost will be $506 billion by 2050, just for hurricane and other real estate damages, extra energy costs, and more frequent and severe droughts. “Vermont emerged as the state worst equipped to handle the cost,” the study contends, while Montana, Wyoming and the Dakotas are also “severely at risk.” California and New York are among those best able to endure the imminent chaos.
It sounds horrific – and it’s intended to be, the better to pressure the White House and Congress to codify and enforce the nonbinding provisions of the Paris non-treaty, and retain Obama-era anti-hydrocarbon energy policies. But the entire exercise is a classic example of Garbage In/Garbage Out (GIGO) black box computer modeling, carefully crafted to ensure the justifications required for a predetermined political outcome, especially the monumental “nationwide green initiatives” that Expert Market supports.
Thus, carbon dioxide will drive rapidly rising global temperatures that will warm the planet enough to increase sea surface temperatures dramatically – spawning more frequent, more damaging hurricanes, and melting polar ice caps enough to raise sea levels 23 inches by 2050, the Expert Market experts assert.
Global warming measured in hundredths of a degree over the past 19 years will suddenly be replaced by runaway heat waves. Seas now rising at 7 inches per century will suddenly climb at ten times that rate over the next three decades, sending storm surges far inland. Major US land-falling hurricanes that have been absent now for eleven years will suddenly proliferate to unprecedented levels.
How Vermont and the other top-five “worst equipped” states – all of them inland – will be affected by any of this is anyone’s guess. But the model says they’re at risk, so we must take drastic action now.
Soaring temperatures will increase demand for air conditioning, and thus raise household energy costs, says Expert Market. CA, NY and other “green” state electricity costs are already twice as high as those in coal and gas-reliant states. Imposing wind and solar initiatives on fossil fuel states would likely double their family and business energy costs, but that factor is not included in its calculations.
Droughts “will become more frequent and severe” in states already afflicted by arid conditions – assuming all the dire CO2 depredations, and ignoring both those states’ long experience with drought cycles and how California’s years-long drought has once again given way to abundant rainfall.
The Expert Market study is symptomatic of the politicized assumptions and data manipulation that have driven climate models and disaster scenarios since the IPCC began studying manmade climate chaos.
Indeed, the entire climate chaos exercise is akin to basing public safety policies on computer models that assume dinosaur DNA extracted from fossilized amber will soon result in hordes of T rexes running rampant across our land. We deserve a more honest, rational basis for policies that govern our lives.
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Criminal case brought against egg farmer

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“On or about February 10, 2016, in the above named judicial district, the crime of FARM ANIMAL CRUELTY, in violation of HEALTH AND SAFETY CODE SECTION 25990, a misdemeanor, was committed by Robert Allen Hohberg, Hohberg’s Poultry Ranches and Hohberg Properties, L.P., who unlawfully confined a covered animal, on a farm, for all or the majority of any day, in a manner that prevents such animal from lying down, standing up, and fully extending her limbs and turning around freely, to wit, egg laying hens, cage #B54.”
This criminal count and 55 others are now being faced by a California egg farmer. It is being brought in the Superior Court of California in the county of San Bernadino. Specifically there are 39 counts of violating California’s Prevention of Farm Animal Cruelty Act and 16 additional criminal counts of violating the state’s cruelty code.
You may remember California passed Proposition 2 in 2008. California’s legislature subsequently passed a law that each egg laying hen be able to fully spread her wings without touching another hen. The law applies to states shipping shelled eggs to California. The Humane Society of the United States (HSUS) claims in a press release that on “…February 10, 2016, [an] on-site investigation jointly conducted by the San Bernadino County District Attorney’s Office, The Humane Society of the United States, Inland Valley Humane Society, and the Ontario Police Department, revealed birds locked in cramped, overcrowded cages in which they could not fully spread their wings. Decaying corpses were also found on the site, including in cages with live birds laying eggs for human consumption.” HSUS declared in its press release “What we saw at this factory farm was a gross violation of Prop 2 now more than eight years after voters approved it.”
Serious charges
This farmer is facing serious criminal charges.
In October, 2014, a Federal District Court judge dismissed a lawsuit filed by Missouri and five other states which asked a federal court to strike down California’s statute barring the sale of eggs in the state or in any other state where the eggs are produced by hens in cramped conditions. The judge indicated the complaint was insufficient legally and dismissed the Attorneys General complaint. The judge in the case indicated the complaint was so poorly drafted that she would not allow the case to be refiled or amended and dismissed it “with prejudice” (Cannot amend or refile complaint). The states of Missouri, Nebraska, Alabama, Oklahoma, Kentucky and Iowa appealed the 2014 case to the U.S. Circuit Court of Appeals for the 9th Circuit.
Because the Attorneys General presented a weak case as to harm, the Attorney General of Utah was requested by Protect the Harvest (founded by Forest Lucas to protect farmers) to file an amicus brief with appropriate affidavits showing the harm the California statute would have on the poorest of citizens in the State of Utah. On November 17, 2016, the 9th Circuit affirmed the District Court’s opinion dismissing the six states’ case that sought to block the enforcement of California’s laws and regulations regarding conditions for egg laying hens. The Court of Appeals gave the Attorneys General a victory when it said the U.S. District case should have been dismissed “without prejudice” rather than “with prejudice”. (The lawsuit can be refiled.)
The six states live to have another day in court.
On February 16, newly elected Missouri Attorney General, Josh Hawley, requested the U.S. Supreme Court to hear the egg case. Again, Hawley is joined by the five original states. Hawley’s press release says “They [California’s statutes] directly affect and directly harm farmers especially poultry farmers in our state. And, the thing is, these laws are unconstitutional. The (U.S.) Constitution doesn’t allow California to regulate Missouri and we’re going to the Supreme Court to stop it.”
Attorney General Hawley makes it clear that California must not be able to regulate animal husbandry practices in Missouri or in any state.
Meanwhile, notwithstanding the Attorneys General effort, the California egg producer may be looking, if convicted, at several years in jail and a substantial fine.
 
(This article first ran in Farm Futures, February 21, 2017)
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McAuliffe Reverses, Now Opposes Electric Rate Freeze

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Governor Terry McAuliffe said yesterday that he supports legislation that would cancel the freeze in base electric rates on Dominion Virginia Power and Appalachian Power if President Trump kills the Clean Power Plan. The endorsement came a little late for state Sen. J. Chapman Petersen, D-Fairfax City, whose bill to roll back the freeze was killed in a Senate committee in January in a 12 to 2 vote.
Taxpayers “are entitled to the lowest, most efficient rate that we can deliver to them,” McAuliffe said on the John Fredericks Show, which broadcasts in Hampton Roads, Richmond, Lynchburg, Danville and Franklin. “If Chap Petersen can get me a bill on my desk, I’d sign it. Let me be clear.”
“There’s a better chance of me starting for the Redskins as quarterback,” said Petersen, as quoted by the Richmond Times-Dispatch. “Governor, you’re going to need to send down the legislation.”
In 2015 The General Assembly passed a bill freezing base electric rates, which McAuliffe signed, after the Obama administration had rolled out the Clean Power Plan requiring Virginia’s electric utilities to significantly reduce CO2 emissions. The State Corporation Commission staff had estimated that the legislation could push electric rates 20% higher. With a stated goal of providing rate stability in uncertain times, the legislation locked base rates in place for six years.
Environmentalists were critical of the bill from the beginning, arguing that the Clean Power would increase rates only marginally. Then industrial customers contended that Dominion had been overcharging customers before the law went into effect, and the law locked in rates at excessively high levels. Moreover, they charged, the electric companies weren’t even taking on a major risk: If the Clean Power Plan had forced them to retire coal plants and build new generating facilities, they would have been able to pass on the cost through a Rate Adjustment Clause, which wasn’t affected.
Dominion has argued that the law also provided for annual, instead of biennial, review of power companies’ Integrated Resource Plans, making the planning process more transparent. As part of the legislative compromise, the company also upped its financial commitment to its Energy Share energy-efficiency plan for low-income homeowners.
Furthermore, Bill Murray, Dominion’s managing director of public policy, said last week, the company has taken $296 million in write-offs for the past two years for expenses relating to the closure of its coal ash ponds. The freeze prevents the company from recovering those costs. “Those are costs we are absorbing.”
Bacon’s bottom line: McAuliffe’s support for reversing the freeze is a day late and a dollar short. As a practical matter, Petersen’s bill cannot be resurrected. Reversing the freeze without understanding the emerging regulatory context may not make sense anyway. The Trump administration has made clear its intention to kill the Clean Power Plan. We Virginians need a clearer idea of what kind of energy policy we want going forward. Simply rolling back the freeze doesn’t inform that debate.
Solar power is the potential game changer. The cost of generating solar energy continues to decline, and so does the cost of battery storage, which will help offset the intermittent nature of solar generation. No one disagrees with those propositions, but many questions remain open. How rapidly are solar prices declining? When will solar become economically competitive with natural gas in Virginia? That depends in large measure what happens to natural gas prices. Will they rise from currently low levels, and, if so, by how much?
Another big question is how much solar can Dominion, Appalachian Power and Virgina’s electric co-ops absorb without undermining the reliability of the electric grid. A related set of questions revolves around how much retail competition regulators should allow, how to guarantee the integrity of the grid if electric utilities lose market to independent solar operators, and how rate payers will be impacted if utilities experience a decrease in consumption.
One more pressing matter: What’s the role of nuclear in a post-Clean Power Plan world? While it still may make economic sense to renew the licenses for Dominion’s existing nuclear power plants, building a third unit at North Anna guesstimated to be $18 billion probably does not. Dominion wanted to maintain that option as an insurance policy, at a cost of hundreds of millions of dollars in engineering and permitting expenses, to protect against the most onerous of the Clean Power Plan regulatory scenarios. In a Trump presidency, that scenario looks highly unlikely. Should Dominion scrap North Anna 3?
If Virginians want to unfreeze the freeze, we need to recognize that no regulatory action takes place in a vacuum. Rather than dealing with each of these issues piece-meal we should settle them in a comprehensive way.
(This article first ran in Bacon’s Rebellion on February 10, 2017)
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A Charter School Proposal That Can Help Children

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During my four years on the Virginia State Board of Education the most frustrating question was “What can we do about school divisions that persistently fail to effectively educate their children?”
Virginia’s public education system remains one of the top performers in the nation, ranking high on such metrics as Advanced Placement, ACT and SAT scores, as well as the National Assessment of Educational Progress.
But one of the biggest concerns remains children who face an uncertain educational future in a select number of school divisions. This year, 94 Virginia schools have had their accreditation denied. More than half — 55 percent — came from just five school divisions.
Let’s be clear: “Accreditation Denied” isn’t some halfway point to full accreditation. “Accreditation Denied” is defined as “the school fails to meet the requirements to be rated fully or provisionally accredited for four consecutive years.” Meaning that these schools were in trouble long before they received their rating.
Not only is it a narrow range of school divisions, but it is an even narrower range of schools: Nine schools have had their accreditation denied for at least three of the past five years. One school has been denied accreditation for a full 11 years in a row — an entire generation’s worth of children given no choice but to attend a school that fails to teach.
And if nine schools doesn’t seem like a lot, look at it another way: 6,600 students spent their entire school career so far in a school whose accreditation has been denied. If they were a school division, it would be larger than 97 school divisions in Virginia.
The solutions offered in the past have been new teachers, new principals, new math programs, new reading programs, leadership development and more. None of them have worked.
Frustration over this state of affairs boiled over in 2013, when the General Assembly created an Opportunity Education Institution (OEI), modeled after the successful Recovery School District that restored schools in New Orleans following Hurricane Katrina and was empowered to take over similarly failing schools.
But state constitutions are all different, and Virginia’s gives absolute authority to local school boards to supervise their schools. OEI was correctly ruled unconstitutional.
Del. Steve Landes, chairman of the House Education Committee, has now come forward with a proposal, sponsored in the Senate by Sen. Mark Obenshain, offering a pathway toward providing alternatives for the children suffering in those schools. The same state constitution granting absolute authority to local school divisions also grants the State Board of Education the right to create new school divisions “subject to the criteria and conditions set by the General Assembly.”
Landes’ legislation sets the criteria under which the State Board can exercise its right to create regional charter school divisions, offering independent quality public schools. These new regional charter school divisions would focus only in areas where schools have been denied accreditation for two out of the past three years; would overlay geographically upon existing traditional school divisions, but leave existing local schools under the control of existing school boards; could not access local dollars; and would be subject to the same civil rights, health and safety requirements applicable to other public schools.
While this is no silver bullet, it opens Virginia to effective charter school operators like KIPP Academies. KIPP teaches 80,000 students in 200 schools nationwide. Ninety-six percent are children of color who choose to attend their school; 88 percent are on free and reduced meals subsidies; 17 percent are English language learners. More important is KIPP’s success: 94 percent of its students graduate high school, 81 percent start college, and 44 percent complete a four-year college. The statistics for low-income students nationally are 74 percent, 45 percent and 9 percent, respectively.
Conditions set down by local school boards have made Virginia an inhospitable state for quality charter operators, so few strong applicants seek to open here. Virginia’s applicants, then, are frustrated moms and dads who really don’t know how to make it work but are desperate to help their children.
As a result, they put together a poor application, and the local school board properly rejects it — but then says, “Well, we don’t get any good applications,” creating a self-fulfilling prophecy.
The Landes-Obenshain legislation avoids the trap of many previous charter proposals by focusing on persistently low-performing schools. It would let existing school divisions operate their schools uninhibited, retaining local control and keeping local funds in the hands of local authorities.
But it offers a new opportunity to try a different approach with a new set of schools run by experienced people who have done it successfully elsewhere.
(This first ran in the Richmond Times Dispatch on Monday, February 6, 2017)
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