ESG Movement Threatens Us All

ESG smoke and mirrors

Alex Epstein puts out a stern warning in a twitter thread reprinted below with my headers.

What ESG Really Means

Over the last 5-10 years, “ESG”–standing for Environmental Social Governance–has gone from an acronym that virtually no one knew or cared about, to a cultishly-embraced top priority of financial regulators, markets, and institutions around the world.

The preposterous financial pretense of “ESG investing” is that the promoters of it have so accurately identified universal norms of long-term value creation–Environmental norms, Social norms, and Governance norms–that imposing those norms on every company is justified.

In reality, ESG was a movement cooked up at the UN–not exactly a leading expert in profitable investment–to impose moral and political agendas, largely left-wing ones, on institutions that would not adopt them if left to their own devices.

The number one practical meaning of ESG today is: divest from fossil fuels in every way possible, and associate yourself with “renewable” solar and wind in every way possible. That’s why I call it the “ESG divestment movement.”

Modern ESG’s obsession with unreliable “renewable” solar and wind, reflects its political nature. Any serious concern about CO2 emissions means embracing the only proven, reliable, globally scalable source of non-carbon energy: nuclear. But most ESG does not embrace nuclear.

Divesting from Fossil Fuels is Immoral

Divesting from fossil fuels is immoral because:
1. The world needs much more energy.
2. Fossil fuels are the only way to provide most of that energy for the foreseeable future.
3. Any problems associated with CO2 pale in comparison to problems of energy deprivation.

The world needs much more energy

Low-cost, reliable energy enables billions of people to enjoy the miracle of modern machines that make us productive and prosperous. Yet 800M people have no electricity and 2.6B people are still using wood or dung for heating and cooking.

Fossil fuels are indispensable

Only fossil fuels provide low-cost, reliable, versatile, global-scale energy.
Unreliable solar and wind can’t come close. That’s why fossil fuels continue to grow in the developing world; China and India have 100s of coal plants in development.

CO2 levels matter much less than energy availability.

CO2 emissions have contributed to the warming of the last 170 years, but that warming has been minor and manageable—1 degree C, mostly in cold parts of the world. And life on Earth thrived when CO2 levels were >5X today’s.

Fossil fuels have made climate far safer by powering a highly resilient civilization. That’s why climate disaster deaths—from extreme temps, droughts, wildfires, storms, and floods—have decreased 98% over the last century.

ESG Perpetuates Poverty by Denying Capital for Cost-effective Energy Projects

A moral financial movement would do everything it could to increase capital for all cost-effective energy, including fossil fuels. And including nuclear, which is by far the most promising form of low-carbon energy. Instead, ESG is starving cost-effective energy of capital.

By starving cost-effective energy of capital, the ESG movement is engaging in a fundamental act of mass destruction. Energy is the industry that powers every other industry. By making energy more expensive, ESG makes everything more expensive–hurting the poorest people most.

The most egregious immorality of the ESG movement, led by Larry Fink’s Blackrock, is its effort to destroy vital fossil fuel projects in poor places that desperately need them. This effort is guaranteed to perpetuate poverty.

Example of ESG poverty perpetuation: South Korea canceled new coal plants in South Africa and the Philippines after “Global investors including Blackrock…warned the South Korean utility to drop coal power projects.”

Another example of ESG poverty perpetuation: “International investors are increasingly restricting support to companies involved in extracting or consuming coal, yet nearly 70% of India’s electricity comes from coal plants, and demand for power is set to rise…”

ESG poverty perpetuation is getting worse as activist “investors” with increasing influence on large financial institutions try to stop all fossil fuel projects in poor places.
E.g., HSBC was attacked when it decided to fund 6 new coal power plants in Indonesia and Vietnam.

ESG defunding fossil fuel projects in the poorest parts of the world will mean: more babies die for lack of incubators and other medical equipment, more deaths from lack of water treatment plants and modern sanitation, more deaths from lack of heating and air-conditioning.

Every leading ESG institution should be called out for their genocidal policies toward the poorest parts of the world. They should be shamed for placing their own virtue-signaling above billions of actual human lives. They should lose all moral authority in the realm of energy.

ESG Movement Threatens Free World Security

The ESG movement is also an enormous threat to the security of the free world, because by depriving free countries and poor countries of low-cost, reliable energy, it furthers Communist China’s ambitions to become the world’s superpower using low-cost, reliable fossil fuels.

China has a clear strategy of running its economy on fossil fuels, while encouraging others to run on inferior, unreliable solar and wind — that is made using Chinese fossil fuels, which produce 85% of Chinese energy. China has 247 GW of coal plants (3 TX’s worth) in development.

China dominates the mining and processing of “renewable” materials to a staggering degree. The US does little mining or processing of the needed materials, largely because of “green” regulations. Our dependence on China for “renewables” dwarfs past Mideast oil dependence.

Energy security is national security. When hostile foreign powers can meaningfully cut off our access to energy they can manipulate us politically. Examples: US appeasement of Saudi Arabia and European appeasement of Russia.

Energy security is national security, above all in wartime. War requires continuous high-energy manufacturing and continuous fueling of high-energy mobile machines such as planes and aircraft carriers. Both world wars were won by the side with the most oil, the fuel of mobility.

What does the modern ESG movement do about the danger of an energy-dominant China? Deny reality and serve as “useful idiots.”

Example: Larry Fink’s sole mention of China in his influential letter to CEOs was to praise China’s “historic commitments to achieve net zero emissions”!

Renounce ESG and Commit to Long Term Cost-effective Energy

The ESG divestment movement should be publicly shamed as a virtue-signaling, financially idiotic, and most importantly immoral movement that perpetuates poverty and threatens freedom. All legal pressures to adopt it should be eliminated. ESG should be boycotted wherever possible.

The anti-energy, anti-freedom ESG movement should be replaced with a voluntary *long-term value creation movement*. Creating sustained value for companies’ owners requires a long-term perspective. But a long-term perspective means valuing cost-effective energy, not destroying it

 

OPEC Bullish on Oil Industry

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Tyler Durden writes a zerohedge, Russia & OPEC Ministers Blast IEA’s ‘Net Zero By 2050’ Plan As “La-La-Land”  Excerpts in italics with my bolds.

After in recent months crude oil prices have clearly recovered from their COVID-19 slump on steadily increasing demand, Russian Deputy Prime Minister Alexander Novak addressed the much anticipated decision-making at the upcoming OPEC+ conference set for August and the expectation that it will decide to raise output significantly beyond the current pandemic-induced strategy of gradually releasing more barrels into a strengthening oil market.

Novak said in his Thursday remarks at the St Petersburg International Economic Forum that while it remains “premature” to talk about output decisions for August, he affirmed “The current oil price is good enough for Russia,” adding: “Oil prices reflect the balance of supply and demand,” and noted it’s expected the seasonal oil demand will increase in the third quarter of the year. On Wednesday Brent crude futures touched their highest price since September 2019 at $71.99, with the international benchmark gaining 1.6%, following the day prior the benchmark seeing a rise of almost 3%.

Novak confirmed the upcoming OPEC+ conference will address and finalize oil output for August and other months, while stressing that oil prices shooting too high “may force users to switch to other energy sources.”

On that front in particular, he blasted current IEA proposals and a “road map” being pushed which in the end could lead to $200 a barrel oil(!):

If the world were to follow the International Energy Agency’s controversial road map, which said investment in new fields would have to stop immediately to achieve net-zero carbon emissions by 2050, “the price for oil will go to, what, $200? Gas prices will skyrocket,” Novak said.

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Sheikhs vs. Shale

And naturally Qatar and Saudi Arabia seconded that dire assessment, vowing to continue expanding their oil and gas facilities while pointing the finger at the climate activists for seeking to starve industry cash. Bloomberg presents the Gulf statements Thursday as follows:

The “euphoria” around the transition to clean energy is “dangerous,” Qatar’s Energy Minister Saad Sherida Al Kaabi said at the St Petersburg International Economic Forum in Russia on Thursday.

“When you deprive the business from additional investments, you have big spikes” in prices, he stressed further.

As a reminder, IEA’s roadmap set out in the Paris Accords for achieving net zero carbon emissions by 2050 requires reducing emissions as much as possible then offsetting the rest with “carbon removal” plans financed by carbon credits.

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However as we’ve detailed before, with economists expecting global growth to expand at even faster rates thanks to the infusion of stimulus inspired by the pandemic, it follows that energy demand will also increase more quickly. Despite this, many economists and scientists expect that improvements in energy efficiency and the shift to renewables means that global energy demand will be around 8% smaller than it is today in 2050, even though the global economy will be more than twice as large as it is today.

With this in mind, it was perhaps the recent Saudi comments from St. Petersburg which put it best, dismissing the “la-la-land” scenario in an earlier statement…

“Saudi Energy Minister Prince Abdulaziz bin Salman has already dismissed the IEA road map, which would limit the average increase in global temperatures to 1.5 Celsius, calling it a la-la-land scenario,” he said according to Bloomberg. “When asked on Thursday if oil is dead, he responded by saying the kingdom is increasing its production capacity.”

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Energy Industry Fights Off Biden Hostile Takeover

Samuel Allegri explains in his Epoch Times article 15 State Treasurers Warn They Will Pull Assets From Banks That Obstruct the Fossil Fuel Industry.  Excerpts in italics with my bolds.  H/T John Ray.

Fifteen Republican State Treasurers sent a warning that they will pull assets from financial institutions if they give in to Federal pressure to de-carbonize and “refuse to lend to or invest in” the fossil fuel and coal industry.

The letter (pdf), led by West Virginia Treasurer Riley Moore, is directed at Special Presidential Envoy for Climate John Kerry. It expresses concerns over reports that Kerry and other members of the Biden administration have been “privately pressuring” U.S. banks to stifle the fossil fuel industry.

“We are writing today to express our deep concern with recent reports that you, and other members of the Biden Administration, are privately pressuring U.S. banks and financial institutions to refuse to lend to or invest in coal, oil, and natural gas companies, as part of a misguided strategy to eliminate the fossil fuel industry in our country,” the letter reads.

The State Treasurers sent a plain message to financial institutions, telling them not to submit to the present administration’s coercion to deny investment and lending for the natural resources.

Furthermore, they assert that the approaches will “discriminate against law-abiding U.S. energy companies and their employees, impede economic growth, and drive up consumer costs,” adding that the strategy in question would make the free market submit to the will of politicians.

The signees of the letter are representing collectively more than $600 billion in assets, according to Axios.

They are backing some of the largest fossil fuel producers in the country.

“As a collective, we strongly oppose command-and-control economic policies that attempt to bend the free market to the political will of government officials,” they write. “It is simply antithetical to our nation’s position as a democracy and a capitalist economy for the Executive Branch to bully corporations into curtailing legal activities. The Biden Administration’s top-down tactics of picking economic winners and losers deprives the real determinate group in our society—the people—of essential choice and agency.

We refuse to allow the federal government to pick our critical industries as losers, based purely on President Biden’s own radical political preferences and ideologies.

The Obama administration’s previous conflict with American coal and natural gas industries is mentioned as an attack on jobs, tax revenue, and health insurance provided to families across the country, specifically hard-working middle-class families.

“As the chief financial officers of our respective states, we entrust banks and financial institutions with billions of our taxpayers’ dollars. It is only logical that we will give significant weight to the fact that an institution engaged in tactics that will harm the people whose money they are handling before entering into or extending any contract,” they warned.

The Epoch Times reached out to the White House for comment.

Biden Climate Agenda Heads into Perfect Storm

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Michael Shellenberger writes at Forbes Why Biden’s Climate Agenda Is Falling Apart.  He suggests that there are multiple forces opposing it,  not only political but also laws of physics. Excerpts in italics with my bolds.

The Gathering Storm

Since taking office in January, President Joe Biden and Democrats have projected confidence that they will be able to pass climate infrastructure and budget legislation to expand renewables.

But in recent weeks, that confidence has rapidly faded. “I don’t think the votes are there in a reconciliation bill for the climate infrastructure-type issues,” an insider told the Washington Post.

Senate Democrats are not likely going to be able to use this year’s budget resolution to put together what is known as a reconciliation package. “Senior Democrats privately don’t believe they can finish work on a second reconciliation package,” noted a political reporter, “using the 2021 budget resolution by the end of the fiscal year, which is Sept. 30.”

What that means is that “the debate over [climate] infrastructure could drag well into the fall, which will put it on a collision path with the government funding and debt-limit skirmishes.”

“Liberals and environmental groups are wary that a narrow infrastructure deal now may lead centrist lawmakers to lose interest in advancing other expensive legislation,” wrote the Post, “which could leave climate and other progressive priorities on the cutting-room floor.”

Biden and Democrats may win some federal money for transmission lines and electric car refueling stations, and declare victory, seeking to prosecute the rest of their 100% renewable energy vision at the state level. The White House and Governor Gavin Newsom announced earlier this week plans to build a massive industrial wind energy project along California’s coastline.

And there is strong renewables advocacy within large, multinational corporations. A Dutch court ordered Shell to cut its emissions by 45 percent by 2030. Chevron CVX -1.1% shareholders voted to cut customer emissions. And Exxon, worried about losing directors to a climate activist resolution, halted a shareholder meeting to count late votes.

But the court orders and shareholder activism are, like United Nations treaties, mostly noise. The U.S. reduced emissions more than any other nation in the world between 2000 and 2020, and more than President Obama had promised America would, because of the fracking revolution, not because of the Paris Climate Agreement, which Trump pulled out of.

Nations (and states like California) that cannot for economic reasons meet their climate commitments simply change the target to farther off in time, while adding targets that sound more aggressive to journalists with little awareness of history. Corporations will do the same.

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If Shell, Exxon, and Chevron do anything that harms their bottom lines, then they will be punished by shareholders, and other companies will emerge to take over their markets. The vast majority of human beings want high rather than low economic growth, and so politicians ultimately choose policies that make energy cheap, not expensive.

And the limitations of weather-dependent renewables are more visible than ever. If California’s large wind energy project is built, it will provide less than half of the energy of California’s Diablo Canyon nuclear plant Newsom is planning to close in 2025, and it will be unreliable. During the heatwave-driven blackouts last summer, there was little wind in California or other Western states, meaning we can’t count on wind energy when we need it most.

In other words, the Democrats’ climate change and renewable energy agenda is rapidly falling apart, and the reasons have far more to do with physics than with politics.

The Democrats Plan to Increase Energy Dependence

The Biden Administration announced earlier this week that there would not be a significant expansion of lithium, rare earth, and other mining in the U.S. for electric car batteries and renewables, dashing the hopes of labor unions.

Already unions were upset since they stand to lose tens of thousands of members if Congress follows through on Democrats’ plans to switch the country from natural gas and petroleum-powered vehicles, homes, and power plants to ones powered by solar panels made in China and minerals imported from abroad.

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The trouble for Democrats in the U.S. and greens in Europe is that they are not only attempting to make energy significantly more expensive and less reliable, as California and Germany did, they are also proposing to make their economies more dependent on foreign nations. That position was problematic before 2021. Now, it is unethical.

It’s now obvious that China made solar panels cheap not through innovation but rather through heavy subsidies, dirty coal, and enslaved ethnic Muslims, the Uyghur (pronounced ‘we gur’), against whom China’s totalitarian government is committing genocide, according the U.S. State Department and Germany’s parliament, the Bundestag.

Republicans will have little trouble attacking the Democrats’ climate infrastructure agenda on 30-second TV and radio ads, perhaps even paid for by labor unions, in America’s heartland, during the 2022 midterm elections. Moderate Democrats like Pennsylvania’s Conor Lamb knows this, as does Nancy Pelosi.

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Democratic frustration spilled out into the open on Monday. “You cannot negotiate a climate bill with climate deniers,” tweeted U.S. Senator Edward Markey (D-MA). Markey’s tweet inspired an angry response from Republican Congressman Dan Crenshaw. “You aren’t, you liar. We aren’t denying climate change, we are just pointing out that your ‘solutions’ will hurt people, and do nothing to prevent climate change.

I testified six times before Congress over the last year and not once did a Republican in one of the climate change, science, or agricultural committees deny the reality of climate change or humankind’s contribution to it. When I pointed this out on Twitter, people responded by posting articles claiming to offer evidence of widespread climate denial among Republicans in Congress. But what they call “climate denial” was often Republican denial that weather-dependent renewables can power America.

Without a doubt there are still some Republican climate skeptics in Congress. “Maybe perhaps we live on a ball that rotates around the sun, that flies through the universe, and maybe our climate just changes,” said Rep. Marjorie Taylor Greene. But the vast majority of other Republicans, including all of the ones I interacted with through my testimony, accept the reality that humans are warming the planet.

More problematic for Democrats is that Greene’s energy message is far more popular than the Green New Deal with many Democratic voters. “Our ability to export oil and gas,” she tweeted, “gives the US great negotiating power in the world,” a statement that has the added benefit of being true.

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The Real Reason They Oppose Nuclear

Meanwhile, efforts by Democrats from Alexandira Ocasio-Cortez to Senator Ed Markey to California Governor Gavin Newsom to shut down nuclear power plants are increasing carbon emissions, which undermines their assertion that climate change is the most important problem in the world.

And conflicts of interest are becoming more visible. “BlackRock recently replaced one departing White House insider with another,” noted Bloomberg. “Paul Bodnar, an Obama-era climate-policy aide, is now the firm’s sustainable investing head, taking over from Brian Deese, who returned to politics as President Joe Biden’s National Economic Council chair. The firm has hired more than a dozen alumni from the Obama administration over the years.”

It is hard not to get the impression that the real reason Democrats, Blackrock BLK 0.0%, and Chinese solar makers don’t like nuclear power is because it means we don’t need renewables to address climate change. While Democrats could get away with using renewables to greenwash their anti-nuclear agenda in the past, those days are coming to an end.

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In November, the European Union’s watchdog ruled that the European Commission had failed to fully consider why BlackRock’s investments in Chinese solar, wind, and electric cars created a financial conflict of interest in its ability to create supposedly objective environmental, social, and governance criteria for so-called “ESG” investing.

It turns out that BlackRock manipulated ESG criteria to favor solar over nuclear, even though solar requires 300 – 400 times more land than nuclear, demands 18 times more steel, and produces 300 times more hazardous waste.

The dark truth about China’s solar panel production should have been enough to force Democrats to seriously reconsider their 100% renewables agenda, but it may require another highly visible defeat in Congress to make them appreciate why increasing America’s reliance on inefficient, weather-dependent, and made-in-China energy sources is bad politics, in addition to being bad physics.

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Dumb and Dumber Energy Advice from NYT

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Benjamin Zycher at Real Clear Markets takes the NYT to task for its stupid article about fossil fuel infrastructure, awarding it The Dumbest New York Times Op-Ed of 2021.  Of course there are many months left for NYT to publish even worse inanities this year.  Excerpts in italics with my bolds. I have reorganized the content to juxtapose the wild claims with sober facts.

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Summer still is weeks away, but already we have a winner in the fierce competition for the coveted title of “Dumbest New York Times opinion column of 2021.” The envelope please… and the winner is “Why Charles Koch Wins When Our Energy System Breaks Down,” by someone named Christopher Leonard. One really does have to read this column to grasp — actually, to marvel at — the inanity of Leonard’s argument, which can be summarized as follows.

Claim:
Our fossil-fuel infrastructure — pipelines in particular, and refineries as well — is “increasingly unreliable” and “dominated by a very small group of very profitable companies.”

Fact:  
Leonard does not tell us what he means in his assertion that U.S. pipelines are “increasingly unreliable” — it is easy to infer that he has no idea — but if we define “reliability” as the annual number of adverse pipeline incidents, there has been no trend since 2002, even as pipeline mileage increased almost 63 percent between 2004 and 2019.

Claim:
The Colonial Pipeline shut down in 2016, and again this month due to a cyberattack, but the five companies that own Colonial “profit handsomely off its operations and earn outsize profits in the face of the bottlenecks and supply squeezes caused by shutdowns.”

Fact:  
That is absurd: The pipeline generates revenue only when it is moving product; if it is not operational it is not generating revenue.

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Claim:
The 2016 shutdown “didn’t seem to hurt the owners’ earnings” in that afterward “Colonial boosted its annual dividends — at least in part because of the Trump administration’s 2017 tax cuts.”  The growth in Colonial’s investments in updating and protecting the pipeline have been “modest, while dividend payments have risen sharply.”

Fact:  
Apart from Leonard’s confusion about whether it is due to the 2016 shutdown or to the 2017 tax cut, he apparently has no concept of the factors addressed by corporate managers as they determine the appropriate dividend. In particular, a dividend change is driven by the evaluation of the after-tax return to shareholders from retaining more financial capital within the firm compared with that from distributing more to the shareholders. An increase in the dividend suggests that the latter has increased relative to the former, presumably in this case because of the nuances of the 2017 tax bill. Were the Kochs responsible for that?

Claim:
Charles Koch “has profited for years off similar energy bottlenecks in the upper Midwest” because of such infrastructure investments as the Pine Bend refinery, which “owes its profitability to its location in the middle of a broken fuel market.” Koch “buys cheap crude” in a market “oversupplied” with Canadian crude oil, after which “Koch then sells its finished fuel into an undersupplied gasoline market in the upper Midwest.”

Fact:  
And about that “oversupplied” (whatever that means) midwestern market for Canadian crude oil: The midwestern refinery market would be far less “oversupplied” had the Keystone XL pipeline been approved at long last, delivering heavy Canadian crude oil to the Gulf coast refineries designed to refine it. Did Charles Koch urge the Biden administration to reject the pipeline? Has Leonard criticized that decision? I can find no record of any such stance on his part.

And then there is Leonard’s assertion that the gasoline market in the upper Midwest is “undersupplied” (whatever that means). The Energy Information Administration divides the U.S. gasoline market into five regions (“PADDs”). As of May 24, Gulf Coast gasoline prices were the lowest, followed by the Midwest, and then (in ascending order) the East Coast, the Rocky Mountain states, and the West Coast, the last of which had the highest prices even excluding California. What is Leonard talking about?

Claim:
Regulatory hurdles have paved the way for these profits for decades.” “The Clean Air Act… made it nearly impossible for competitors to open a refinery near Pine  Bend” to increase competitive pressures.

Fact:  

The comedy highlight of Leonard’s column is the assertion that it is the Clean Air Act, regulatory obstacles to new pipeline investment, and general “regulatory stasis and dysfunction” that have yielded the “outsize profits” enjoyed by the Kochs. Leonard seems actually to believe this: “Just by letting the broken market limp along, Koch Industries reaps extraordinary profits from a broken system.” So the Kochs are vastly more powerful than anyone could imagine, responsible for the regulatory morass, for the ideological leftist political opposition to fossil infrastructure, for NIMBYism, and for allowing the “broken market” to “limp along.” Just as the pipeline owners win whether the pipelines are operating or not, Leonard clearly believes that they earn “outsize profits” whether the regulatory environment is light or dysfunctional. Who knew?

Claim: 
Regulatory fights benefit big refiners that can afford expensive legal experts and lobbyists: “Koch benefits from regulatory stasis and dysfunction.”

Fact:  

The utter stupidity of Leonard’s argument is illustrated by his assertion toward the end of the column that “new wind farms or solar installations could open up a whole new energy market.” Somehow, I was led to believe that Leonard’s argument was about pipelines and refineries and gasoline prices, and the ability of the Kochs to earn large profits no matter what. But no: An endorsement of unconventional electricity, expensive and environmentally destructive, just had to be shoehorned in as an exercise in virtue-signaling par excellence despite the reality that it has nothing to do with Leonard’s silly central argument. Or does he want to argue that more wind farms will reduce gasoline prices in the Midwest?

Conclusion

And so we arrive at the larger reality illustrated by the Leonard column. Misguided, illogical, and at odds with the facts, it is of a piece with the broad opposition of the environmental left to energy infrastructure generally, and pipeline investments in particular. Utter incoherence is the inevitable result of that ideological opposition to fossil fuels, one impervious to facts and analytic rigor, and dependent upon arguments fundamentally inconsistent. That opposition is anti-human at its core because it implies opposition to investment in human capital — education, training, health care, etc. — and the improved human well being that has the effect of increasing the demand for energy and its infrastructure. Forget the Kochs; they are a bogeyman and red herring the mere mention of which is intended to elicit a Pavlovian reaction from the enlightened invitees to the right cocktail parties.

The real bogeymen are the New York Times opinion editors who found such drivel fit to print, a measure of the intellectual depths to which they have sunk.

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See Also Shellenberger to NYT: Isn’t a correction merited?

Supremes Asked to Rule on EPA Energy Authorities

wrecking_ball_destroyEPABackground from Reed Smith lawyers The fall of Trump’s Affordable Clean Energy Rule and the strengthened EPA authority to regulate greenhouse gases.  Excerpts in italics with my bolds

The Affordable Clean Energy Rule

The EPA promulgated the ACE Rule in 2019 under the CAA, replacing the Obama administration’s 2015 Clean Power Plan (CPP). Both rules sought to reduce GHG emissions from the power sector; but where the CPP implemented broader industry-wide mechanisms, the ACE Rule limited reduction efforts to the actual source power plants.

The 2015 CPP offered “beyond the fenceline” tools for states to reduce emissions by replacing fossil fuels with renewable energy sources and participating in emissions credit-trading programs; however, in February 2016 the U.S. Supreme Court stayed the implementation of the CPP pending litigation in the D.C. Circuit. During the stay and subsequent freeze of litigation, the Trump administration rescinded the CPP and promulgated the ACE Rule.

In promulgating the ACE Rule, the Trump EPA took an alternative view of the CAA than the Obama EPA and reasoned that the CAA expressly limited the EPA’s power to only “at the source” emissions reduction options, such as heat rate improvement technologies. As a result, the Trump administration removed all of the CPP’s “beyond the fenceline” options and limited emissions restrictions to those applied directly to power plants.

DC Circuit Court of Appeal Ruling January 19, 2021

Judges Millett and Pillard of the D.C. Circuit Court disagreed with the (Trump) EPA’s interpretation. In the majority opinion, the Court concluded that there is “no bases—grammatical, contextual, or otherwise—for the EPA’s assertion” that its authority was limited to “at the source” controls. In the end, the Court vacated the ACE Rule and remanded it back to the EPA just in time for the Biden administration to take over.  The Court’s decision appears to clear the way for the Biden administration to regulate GHG emissions from the power sector.

In his first week in office, President Biden has taken a number of actions to undo many of the Trump administration’s environmental policy decisions, including rejoining the Paris Climate Accord. The new Biden EPA has also requested that the Department of Justice have all Trump-era litigation seeking judicial review of any EPA regulation promulgated between January 20, 2017 and January 20, 2021. Based on the Court’s show of support and the Biden Administration’s actions within the first week, we may see some of the Obama-era or similar regulation brought back to life in the coming months.

Petitions to Supreme Court April 29 and 30, 2021

The May Update at Columbia Climate Law Blog reports the latest development bringing the issue to Supreme Court attention:  States and Coal Company Sought Review of D.C. Circuit Decision Vacating Affordable Clean Energy Rule  Excerpts in italics with my bolds.

Two petitions for writ of certiorari were filed in the U.S. Supreme Court seeking review of the D.C. Circuit’s January opinion vacating EPA’s repeal and replacement of the Obama administration’s Clean Power Plan regulations for controlling carbon emissions from existing power plants. The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. The states’ petition presented the question of whether Section 111(d) of the Clean Air Act constitutionally authorizes EPA “to issue significant rules—including those capable of reshaping the nation’s electricity grids and unilaterally decarbonizing virtually any sector of the economy—without any limits on what the agency can require so long as it considers cost, nonair impacts, and energy requirements.” They argued that Congress had not clearly authorized EPA to exercise such “expansive” powers and that the D.C. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. Circuit in 2016 signaled that the legal framework for the Clean Power Plan “hinges on important issues of federal that EPA then—and the court below now—got so wrong this Court was likely to grant review.” The states contended that further delay in the Court’s resolution of these “weighty issues” would have “serious and far-reaching costs.”

The second petition was filed by a coal mining company. The coal company’s petition presented the question of whether Section 111(d) “grants the EPA authority not only to impose standards based on technology and methods that can be applied at and achieved by that existing source, but also allows the agency to develop industry-wide systems like cap-and-trade regimes.” The company argued that the D.C. Circuit erred by “untethering” Section 111(d) standards from the existing source being regulated. Like the states, the company contended that Supreme Court had already recognized the critical importance of this question when it stayed the Clean Power Plan.

The company argued that debates regarding climate change and policies to address climate change “will not be resolved anytime soon” but that “what must be resolved as soon as possible is who has the authority to decide those issues on an industry-wide scale—Congress or the EPA.”

EPA’s response to the petitions is due June 3, 2021. West Virginia v. EPA, No. 20-1530 (U.S. Apr. 29, 2021); North American Coal Corp. v. EPA, No. 20-1531 (U.S. Apr. 30, 2021).

Comment:  The question of decision authority seems especially urgent since no one knows who is the actual decider for the Executive Branch.

 

Shellenberger to NYT: Isn’t a correction merited?

This exchange became interesting to me since Google somehow blocked my access to the twitchy.com page where the tweet thread was published.  This, even though I was using DuckDuckGo in Dissenter browser, supposedly independent of Google.  TorBrowser saved the day, and here are Shellenberger’s tweets offered to NYT for them to salvage an embarrassing badly warped article.

The National Climate Bank Con

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At a Hearing April 27, 2021: “Legislative Hearing on S.283, National Climate Bank Act”, Benjamin Zycher provided testimony Summarized at AEI: Statement submitted for the record: Subcommittee on Clean Air, Climate, and Nuclear Safety, Committee on Environment and Public Works.

Summary

This Statement Submitted for the Record offers a critical review of legislation proposed in the 117th Congress, 1st Session, as S. 283, The National Climate Bank Act (hereafter NCBA), the subject of a hearing scheduled for April 27, 2021 before the Subcommittee on Clean Air, Climate, and Nuclear Safety of the Committee on Environment and Public Works. A summary of the arguments presented below is as follows:

  • A National Climate Bank cannot increase the capital resources available to the U.S. economy or to the federal government, and the true economic cost of the outlays envisioned to be made by the National Climate Bank would be almost double the notional budget.
  • The “climate” projects envisioned for the National Climate Bank would be highly inefficient regardless of the assumptions made about climate phenomena and the current and prospective effects of greenhouse gas emissions. This is because the envisioned projects would yield future climate impacts either trivial or undetectable. This explains the failure of the proposed legislation to specify a requirement or to offer a projection of reductions in GHG emissions attendant upon the projects to be funded by the National Climate Bank.
  • The “Findings” in the proposed legislation on current climate phenomena are not supported by the evidence.
  • The “Findings” in the proposed legislation on future climate phenomena are based upon Representative Concentration Pathway 8.5, an extreme scenario of future atmospheric concentrations of greenhouse gases virtually impossible.
  • Because the proponents of the National Climate Bank have based their analytic arguments in substantial part upon the findings and policy proposals presented by the Intergovernmental Panel on Climate Change in its Special Report “Global Warming of 1.5°C,” they implicitly are endorsing a gasoline tax of $28 per gallon by 2030.
  • The obvious underlying purpose of the National Climate Bank is a shift of political responsibility for the inevitable financial losses to be incurred from the Congressional proponents of the legislation to the administrators of the National Climate Bank. Such a shift is inconsistent with the basic constitutional structure of American governance, and thus with essential accountability inherent in our political institutions.
  • The actual results of a National Climate Bank would be substantial resource waste, a less-productive capital stock, lower wages, and an increase in the politicization of economic activity.

Read  the full report  Zycher Statement Senate EPW climate bank

Climate Piggy Bank

The Green Mirage

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John Constable writes at Civitas The Green Mirage: Why a Low-Carbon Economy May be Further Off Than We Think.  Excerpts in italics with my bolds and images.  h/t Real Clear Public Affairs

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Findings:

  • The prospects for a sustainable, low-carbon economy as the result of current UK national and EU-wide policies are poor.
  • Empirical experience in Spain and Germany shows that the costs of supporting renewable energy generation are too high.
  • Rising employment in the renewable energy sector compared to the wider UK economy stems from unsustainably high subsidies.
  • Renewables are naturally less productive, so as they are relentlessly pursued, a painful rebalancing of the economy will occur, with fewer jobs and less economic growth.

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Bottom Line: The current prospects for a sustainable low-carbon economy are poor in both the UK and across the European Union (EU). Germany and Spain have already clearly shown what happens when state coercion forces such a dramatic shift to less reliable and more costly renewable energy systems: unsustainably high subsidies, fewer jobs, and reduced economic growth.

Whatever the longer-term potential for a viable and prosperous global economy with a low-emissions profile, the present study demonstrates that the prospects for a self-sustaining low-carbon economy as the result of current UK national and EU-wide policies are poor.

The problem is that these policies for such a shift to renewable energy systems demand high levels of state coercion. This has the risk of stagnating economic growth and leading to lower levels of invention and innovation, thus appearing to be a weak preparation for reduced usage of fossil fuels.

In addition, empirical experience in Spain and Germany shows that the costs of supporting renewable energy generation is overly high, compared to low-carbon alternatives, and almost certainly has, over time, net economic effects that are negative both in terms of gross domestic product and employment.

An age of subsistence energy generation appears to be dawning. Overly high subsidies to force renewable energy into the system erode jobs in other sectors of the economy.

Finally, analysis for the EU suggests that the net effects of such policies would only be marginally positive if the EU retains a high share of the world export market in renewable energy technologies – something that appears rather unlikely.

Read the full study here.

Footnote:  Excerpt from the full study:

In an interview with an environmental journalist for Ecoseed in early 2011, a spokesman for the industry body ASIF (Asociación de la Industria Fotovoltaica) remarked ‘The government cheated the solar investors by changing the law after it has lured them to invest their money in PV power plants… If you know that the government would change the law, you will never have invested in that technology and never have put your money in that market’.22 This implicitly concedes that the sector was from the outset likely to be a long-term client of the state, unable to survive without support, and should serve as a warning to other governments hoping to create independent renewables industries through subsidy.

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Biden’s EPA Goes Rogue on HFCs

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David Wojick writes at CFACT about the reckless move by EPA against vital industrial uses of hydrofluorocarbons  Crazy HFC phaseout is coming Excerpts in italics with my bolds.

In my first article — “Economically destructive cap and trade for HFCs is here” — I looked at the Kigali Amendment part of the American Innovation and Manufacturing Act or AIM. There the big problem is that the HFC cap is based on 8-10 year old data, which is mostly missing and probably inaccurate for today.

However, AIM adds some major rules to Kigali, rules which have their own problems.

In particular AIM singles out 6 industries and applications that use a lot of HFCs for special treatment. They get what are called “mandatory allocations” of allowances. In principle this means they get all the allowances they need for certain uses, for the next five years. Whether this actually happens or not is a serious problem.

The CFACT article goes on to explain how dangerous and reckless is this initiative by Biden’s EPA.  But the intended regulation is also illegal, and may end up in the Supreme Court since the plan is to violate a ruling of the DC Court of Appeals, written by then Judge Brett Kavanaugh.

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Background from previous post  Gamechanger: DC Appeals Court Denies EPA Climate Rules

A major clarification came today from the DC Court of Appeals ordering EPA (and thus the Executive Branch Bureaucracy) to defer to Congress regarding regulation of substances claimed to cause climate change.  While the issue and arguments are somewhat obscure, the clarity of the ruling is welcome.  Basically, the EPA under Obama attempted to use ozone-depleting authority to regulate HFCs, claiming them as greenhouse gases.  The judges decided that was a stretch too far.

The Court Decision August 8, 2017

The EPA enacted the rule in question in 2015, responding to research showing hydroflourocarbons, or HFCs, contribute to climate change.

The D.C. Circuit Court of Appeals’ 2-1 decision said EPA does not have the authority to enact a 2015 rule-making ending the use of hydrofluorocarbons commonly found in spray cans, automobile air conditioners and refrigerators. The three-judge panel said that because HFCs are not ozone-depleting substances, the EPA could not use a section of the Clean Air Act targeting those chemicals to ban HFCs.

“Indeed, before 2015, EPA itself maintained that Section 612 did not grant authority to require replacement of non ozone-depleting substances such as HFCs,” the court wrote.

“EPA’s novel reading of Section 612 is inconsistent with the statute as written. Section 612 does not require (or give EPA authority to require) manufacturers to replace non ozone-depleting substances such as HFCs,” said the opinion, written by Judge Brett Kavanaugh.

Contextual Background from the Court Document On Petitions for Review of Final Action by the United States Environmental Protection Agency  Excerpts below (my bolds)

In 1987, the United States signed the Montreal Protocol. The Montreal Protocol is an international agreement that has been ratified by every nation that is a member of the United Nations. The Protocol requires nations to regulate the production and use of certain ozone-depleting substances.

As a result, in the 1990s and 2000s, many businesses stopped using ozone-depleting substances in their products. Many businesses replaced those ozone-depleting substances with HFCs. HFCs became prevalent in many products. HFCs have served as propellants in aerosol spray cans, as refrigerants in air conditioners and refrigerators, and as blowing agents that create bubbles in foams.

In 2013, President Obama announced that EPA would seek to reduce emissions of HFCs because HFCs contribute to climate change.

Consistent with the Climate Action Plan, EPA promulgated a Final Rule in 2015 that moved certain HFCs from the list of safe substitutes to the list of prohibited substitutes. . .In doing so, EPA prohibited the use of certain HFCs in aerosols, motor vehicle air conditioners, commercial refrigerators, and foams – even if manufacturers of those products had long since replaced ozonedepleting substances with HFCs. Id. at 42,872-73.

Therefore, under the 2015 Rule, manufacturers that used those HFCs in their products are no longer allowed to do so. Those manufacturers must replace the HFCs with other substances that are on the revised list of safe substitutes.

In the 2015 Rule, EPA relied on Section 612 of the Clean Air Act as its source of statutory authority. EPA said that Section 612 allows EPA to “change the listing status of a particular substitute” based on “new information.” Id. at 42,876. EPA indicated that it had new information about HFCs: Emerging research demonstrated that HFCs were greenhouse gases that contribute to climate change. See id. at 42,879. EPA therefore concluded that it had statutory authority to move HFCs from the list of safe substitutes to the list of prohibited substitutes. Because HFCs are now prohibited substitutes, EPA claimed that it could also require the replacement of HFCs under Section 612(c) of the Clean Air Act even though HFCs are not ozone-depleting substances.

EPA’s current reading stretches the word “replace”  beyond its ordinary meaning. . .
Under EPA’s current interpretation of the word “replace,” manufacturers would continue to “replace” an ozone-depleting substance with a substitute even 100 years or more from now. EPA would thereby have indefinite authority to regulate a manufacturer’s use of that substitute. That boundless interpretation of EPA’s authority under Section 612(c) borders on the absurd.

In any event, the legislative history strongly supports our conclusion that Section 612(c) does not grant EPA continuing authority to require replacement of non-ozone-depleting substitutes.. . In short, although Congress contemplated giving EPA broad authority under Title VI to regulate the replacement of substances that contribute to climate change, Congress ultimately declined.

However, EPA’s authority to regulate ozone-depleting substances under Section 612 and other statutes does not give EPA authority to order the replacement of substances that are not ozone depleting but that contribute to climate change. Congress has not yet enacted general climate change legislation. Although we understand and respect EPA’s overarching effort to fill that legislative void and regulate HFCs, EPA may act only as authorized by Congress. Here, EPA has tried to jam a square peg (regulating non-ozone depleting substances that may contribute to climate change) into a round hole (the existing statutory landscape).

The Supreme Court cases that have dealt with EPA’s efforts to address climate change have taught us two lessons that are worth repeating here. See, e.g., Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014). First, EPA’s well intentioned policy objectives with respect to climate change do not on their own authorize the agency to regulate. The agency must have statutory authority for the regulations it wants to issue. Second, Congress’s failure to enact general climate change legislation does not authorize EPA to act. Under the Constitution, congressional inaction does not license an agency to take matters into its own hands, even to solve a pressing policy issue such as climate change.

Footnote:  Looks like some judges found their big boy pants and applied US constitutional separation of powers against runaway executive climate actions.  Would such a decision have come without a skeptical President?

Could this be the first breach in the wall of unproven, unwarranted, federally funded climate activism?

Water rushes over damaged primary spillway at Oroville Dam in Northern California