The folly of pursuing ‘equity’

This is another of those posts that began as an odd or end, but thanks to subsequent events was promoted to become a full post.

A few weeks back I received my annual pitch from the American Institute of Architects to rejoin their august body. Bear in mind I was an AIA member for about a decade beginning when I received my architecture license in the mid-1990s until about a year or so after I moved down here. Unfortunately, the usefulness of the AIA Chesapeake Bay chapter was much less than that of AIA Toledo, so I allowed my membership to lapse.

Moreover, as the needs of the architecture business have remained relatively steady over the 35 years (!) since I embarked on my life’s journey in the profession, the AIA has departed significantly from those needs into the weeds of political correctness. One line in their pitch multifold postcard, under the heading of “Champion architects & the profession” summed this up well:

Government advocacy, a campaign to fight climate change and inequities in the built environment, and public awareness efforts influence meaningful change and create a better business landscape for architects.

AIA mailing.

The only government advocacy we need is to give us a decent statute of repose. (Delaware has one of the better ones at 6 years, while Maryland lags behind with 10.) I’d also be happy if they eliminated the unnecessary demands for continuing education, which was something the AIA advocated for when I was active in the group. Brick, stone, steel, and wood don’t change much, and any architect worth his salt should know the building codes pretty well despite the fact they update every three years. (I see CE as a money-making racket, just like the intern development program that’s now in place. That was the reason I took my exam when I did.)

So forget about climate change, since we can’t do a damn thing about it. What we can do is advocate for energy-efficient buildings but let’s allow the market to decide what is best. And my (admittedly limited) research into the term “inequities in the built environment” seems to indicate a preference for the concepts of so-called “smart growth” where everyone is to be packed like sardines into the urban core. Maybe some of us prefer and enjoy living in rural areas.

Finally, if you want to make things easier and more profitable for the architectural profession, can you advocate for fewer regulations and hoops to jump through? There are certain jurisdictions we deal with that seem to have cornered the market on red tape for picayune reasons. It’s almost like they demand their tribute before you get their seal of approval, and clients aren’t always willing to pay for our time and trouble.

Speaking of so-called climate change and hoops to jump through, I would love to have someone explain to me why Delaware is trying to extend these stupid wealth transfers from utilities to state coffers better known as renewable energy portfolio standards? In this session SB33 is already through the Senate, where it passed on a 13-8 vote that was almost partisan in nature (Senator Ennis crossed over to vote with the GOP, giving him an early lead on the Top Blue Dog Award next year when I do the monoblogue Accountability Project for Delaware.)

If natural gas is cutting our emissions in such a way that we are exceeding the goals of the Paris Climate Agreement – even though we were properly out of it for a brief period until that fool Joe Biden painted “sucker” back on our collective forehead – then why are we even bothering with wind and solar power that is, on its face, unavailable at all hours of the day and times of the year? (For example, it’s a sunny day as I write this, but the sun angle isn’t optimal. And I haven’t even discussed the environmental issues when these components reach the end of their lifespan.) If anything, it may be a good time to do a little bit of exploration in Delaware to see if we have gas or oil deposits under our sandbar. It’s not likely the Marcellus Shale comes this far east, but somewhere along the line I thought I saw there was a minor shale field under the Eastern Shore and southern Delaware.

I like to live in a rural area and I like my electricity to be relatively inexpensive. So we really don’t need to have these so-called improvements that basically accrue to the state’s coffers and not ours come into our collective lives.

And now that I’ve done this post I can place my AIA solicitation where it properly belongs – in the circular file.

The Democrats’ summer of resistance (to common sense)

You know, there’s no shortage of irony that exactly 50 years ago many of the granola-crunching veterans of the leftist political movement were putting flowers in their hair and heading out to San Francisco to celebrate the “Summer of Love.” (Yes, that was 1967. I was two years old at the time.) Now their progeny are gathering around their computers later today to hear Rep. Keith Ellison of the Democratic National Committee and other “special guests” blather on about how they will have the “summer of resistance” this year. More than likely it will be just as successful as one of the several “recovery summers” the last administration tried to drum up support for, but no matter – we know how this will go. Instead of the summer of love, it’s the summer of hate for what’s made America great (and I’m not talking about Donald Trump.)

Just look at what the Left has been getting themselves all worked up over since President Trump came to office. They dressed up as large-scale versions of certain lady parts to promote funding Planned Parenthood, a code spoken with the true meaning of their “right” to murder babies in the womb under the guise of “choice” or “reproductive rights,” completely forgetting that, at the moment of conception, the tiny human inside them earned the most pre-eminent of all rights, the right to life. (For without life, how can you enjoy liberty or the pursuit of happiness?) Corollary to that was Trump’s vow to repeal and replace Obamacare, which was a replacement more than I would have preferred.

We have spent countless hours of news coverage and barrels of ink talking about a possible Russian influence on our elections, but the question that should really be asked is why their propaganda was so believable? If we thought the worst about Hillary Clinton, there had to be a reason why and I don’t think we have been working for the last 16 years, through two other presidents, just so the Russians could set up an election between Clinton and Trump because they utterly feared the former and had plenty of dirt on the latter. I would believe the reverse far more readily, but the Left keeps playing with the “Trump is a Russian puppet” narrative.

The latest hissy fit from the Left comes as Donald Trump has decided the Paris Climate Agreement as negotiated by the Obama administration isn’t for him, so he wants a do-over. Of course, the Left is having a collective cow on this one as well, but it’s also worth noting that some of the more foolish states and localities among us are vowing to continue working on their own toward the parameters of the Paris Climate Agreement.

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As I see it, what the Democrats are proposing isn’t the summer of resistance but the summer of submission: willfully being tied to an inept, impersonal, and immoral nation-state that dictates our actions to us rather than allowing us the freedom to chart our own course. A true Summer of Resistance would perhaps have a convention of states that proposes only a handful of new amendments to our founding documents to provide for the following:

  • The repeal of the Sixteenth and Seventeenth Amendments, with concurrent adoption of a consumption-based tax system and return to state legislatures electing Senators as terms expire
  • An amendment prohibiting discrimination against or for certain groups in various legal functions, including crime and punishment
  • A balanced budget, except in instances of Congressionally-declared war or state of emergency
  • Additional language to clarify and rein in abuse of the general welfare and commerce clauses

This convention would also come up with a list of names from around the nation that would constitute a new court system to replace the present appellate system that has gone too far out of balance. Along with sending the new Constitutional amendments to the states for ratification, this new court system would be on the Congressional Summer of Resistance docket as well as a budget that completely rightsizes the federal government by returning it to the duties they are supposed to do.

By summer’s end, Americans would be free of their federal burdens. Yes, for some it would be a struggle at first but it would be incumbent upon a nation that is the most charitable in the world to give the helping hand to those in need voluntarily, and not via the force of government edict.

Instead of a good Summer of Resistance like the one I described, though, we’ll just get more anger and angst from people who still haven’t accepted the fact that Donald Trump won more electoral votes than Hillary Clinton did. Try as they might, they can’t resist that simple fact. But they can (and will) continue to piss and moan a lot.

The mid-Atlantic may be getting back into the game

This is one of those posts it took me a few days to write as life intervened, but it turns out to be a happy accident in this case.

While I’m certainly not been the biggest fan of Donald Trump as President overall, he has had his moments. Today he’s given Radical Green a conniption fit just by announcing he will make a formal declaration on whether we will remain in the Paris Climate Agreement tomorrow afternoon. It’s expected he will decide to withdraw, but there’s also a school of thought that believes it’s just a negotiating ploy to give America a better bargain than Barack Obama negotiated.

In the meantime, it looks like another of those moments may be the rebirth of something that was strangled in the crib during the last administration when they overreacted to the comparatively rare Deepwater Horizon disaster by eliminating the prospect of oil exploration off the mid-Atlantic coast.

In order to get to that point, though, a necessary step is to do seismic surveying. Remember when the environmentalists had a cow awhile back because they were talking about doing this for oil exploration, and it got everyone’s knickers in a wad all up and down the coast? Well, it turns out doing this can serve a lot of other interests as well, at least according to Interior Secretary Ryan Zinke:

“Seismic surveying helps a variety of federal and state partners better understand our nation’s offshore areas, including locating offshore hazards, siting of wind turbines, as well as offshore energy development,” said Secretary of the Interior Ryan Zinke. “Allowing this scientific pursuit enables us to safely identify and evaluate resources that belong to the American people. This will play an important role in the President’s strategy to create jobs and reduce our dependence on foreign energy resources.”

The last G&G seismic data for the Mid- and South-Atlantic Outer Continental Shelf (OSC) were gathered more than 30 years ago when technology was not as advanced as today. Aside from providing data on potential offshore oil and gas resources, seismic surveys are also used to site offshore wind structures, locate potential seafloor hazards, locate potential sand and gravel resources for beach replenishment activities, and locate potential archaeological resources. Data from seismic surveys also assists the Department in determining Fair Market Value of offshore resources.

It was also over 30 years ago that a series of exploratory oil wells were drilled and capped off the New Jersey and Delmarva coastline, with the closest to us being about 80 miles ESE of Ocean City. At the time it was determined this was essentially a dry hole, but the exercise was useful as a study of the ocean floor and substrate below. So if the same is true now, I wonder why the environmentalists are so afraid of exploratory drilling and seismic surveying? Maybe because they know as well as I do that there’s a significant amount of oil out there, and it would keep the price of oil affordable enough to undercut the subsidies needed to keep renewables competitive?

And last week’s update from Energy Tomorrow was doubly interesting because not only did it have the release regarding the seismic surveying, it also had a small news item that pointed to a new, soon-to-be-released (and peer-reviewed) three-year study that concluded fracking has no effect on groundwater. (Are you listening, Larry Hogan? There’s still time to reconsider your foolish ban on fracking in this state before your election next year.)

Of course, the study authors did have a caveat to their findings:

In contrast to groundwater samples that showed no evidence of anthropogenic contamination, the chemistry and isotope ratios of surface waters (n = 8) near known spills or leaks occurring at disposal sites mimicked the composition of Marcellus flowback fluids, and show direct evidence for impact on surface water by fluids accidentally released from nearby shale-gas well pads and oil and gas wastewater disposal sites.

Now I know the Radical Green folks will be going “SEE! SEE! I BET YOU CAN LIGHT THAT WATER ON FIRE!!!” However, it seems to me one could easily have the same contaminating type of effect from a sanitary sewer overflow, underground tank leak, or EPA incident. The key words are “accidentally released,” and companies that want to stay in the business have a duty and legal obligation to be as careful as possible.

But this blows away one key argument from fracking opponents, not that they are much for using logic anyway.

With the right mindset and private-sector infrastructure investment, this region of the country could finally be energy self-sufficient on its own. The job created could be yours.

A push for new jobs

Two weeks ago, in the waning days before the Christmas holiday, perhaps 40 to 50 brave souls dealt with the cold weather to state their case for job creation in western Maryland and beyond. I don’t think the Maryland Energy Citizens and Energy Nation Rally drew a lot of interest outside the energy field beforehand (except perhaps from me) and in doing a news search for the event I found exactly zero coverage. (The photos I’ll use here were Tweeted by Energy Citizens.)

It was a modest gathering to be sure, but those who showed were interested in regulations that would allow for job creation – directly in Allegany and Garrett counties, and eventually spilling over into other parts of the state as the infrastructure needed to move the natural gas to market is placed. And there was one group who understood this well.

The folks in the orange shirts were members of the Laborers Union, which would stand to benefit from the infrastructure being built. In the universe of the left wing, oftentimes Big Labor and environmentalists stand on opposite sides because the union side understands better the economics of utilizing our energy resources to provide the clean and reliable power we need to keep the economic engine going, while environmentalists seem to think that the wind will always blow and the sun shines every day so we can rely on those sources. With their entrenched opposition to energy progress through additional exploration and infrastructure construction, Radical Green would shortly have us in the same boat as the New England states when it comes to energy costs, especially at this time of year.

Yet in the days since I’ve learned of a study from the University of Chicago that has attempted to quantify benefits and costs of fracking, with the study being summarized thus:

The benefits include a six percent increase in average income, driven by rises in wages and royalty payments, a 10 percent increase in employment, and a six percent increase in housing prices. On the costs side, fracking reduces the typical household’s quality of life by about $1,000 to $1,600 annually – excluding the increase in household income.

As a point of reference, the average household income across the two counties is about $42,000 so a 6% increase would be a net gain in household income equating to approximately $2,500. And considering energy jobs tend to pay more than average, the 10% increase in employment would be a boost to the median so the benefits could work out to $3,000 or more while the somewhat dubious “quality of life” costs would not be so affected.

I noted above that there was no coverage of the rally by the local media, but that very day the Baltimore Sun chose to run a laughable screed by Senator Cardin about the prospect of the incoming Trump administration abandoning the Paris Climate Agreement; a diatribe that included this howler:

In 2015, investment in renewable energy was nearly $350 billion worldwide, more than fossil fuel energy. Even though gas and oil have hit record low prices, current and projected prices for renewables are low too, making clean energy solutions remarkably competitive.

The huge piece of information unspoken here is how much of that renewable energy “investment” was picked from the pocket of unsuspecting taxpayers, nor does it account for the amount of the market carved out for renewables artificially by state mandate. Nor should it be our intention to follow Europe and take the blue pill, thinking mankind has one iota of effect on the global climate in the long run.

Sadly, it may be almost as much of a folly to believe that a small group of common-sense protestors will have an effect on a group of legislators who mistakenly believe that restrictive regulations will encourage job creation or that a fracking ban will benefit the state. But I encourage them to keep trying anyway because people who can see the long-range picture will realize you are on the right side of this.

My work here is finished

Commentary by Marita Noon

For the past decade, I have been dedicated to fighting bad energy policies. My efforts began in New Mexico, where the organizations I lead are based, and expanded to focus on national issues. When I accepted the executive director position on January 1, 2007, New Mexico had an anti-energy governor and America had a pro-energy president. Two years later that flipped. By then, I’d become deeply committed to what I began to call the “energy makes America great!” message and I’d realized the issues in which I was engaged didn’t stop at the state line.

While I do not come from a background in energy, and have no formal education in it, through my work, I quickly learned about the important role that energy plays in America’s economic prosperity and growth. Because I didn’t know a lot about energy before taking the position, I understood how little the average person thinks about energy – until their power goes out or gasoline prices spike. I believe that if people better understand the role of energy in their lives, they’d make wiser choices when they vote. I have been passionate about the cause.

The election of Donald Trump as our 45th president is a vindication of my work as one of his big campaign messages was about America’s abundant resources and his promise to manage and maximize them – rather than to lock them up.

While I have worked these past ten years to educate people and keep a positive energy message in the public dialog, during the past several months I have specifically engaged in doing everything I could to be sure our next president was pro-energy. I knew I wouldn’t be able to live with myself if Hillary Clinton won, and I hadn’t done everything I could to prevent that from happening. I don’t have the reach of a Rush Limbaugh, Glenn Beck, or Sean Hannity – or even Ann Coulter, Laura Ingram, or Michelle Malkin. But I do have a platform. My weekly column is widely distributed. I typically do dozens of radio interviews each month. And I’ve frequently spoken for many industry, political, and civic organizations.

Because most of my time as executive director was during the Obama years, I’ve fought for the Keystone pipeline and against the many punitive regulations that stem from the green agenda – most specifically the Clean Power Plan that is the cornerstone of Obama’s climate change agenda.

The recent news cycle has been so myopically focused on the presidential election, I suspect few people are even aware of the U.N. climate change meeting going on right now, November 7-18, in Morocco. There green campaigners and policymakers are meeting for talks on implementing the Paris climate agreement. Imagine their shock when they realized that Trump would be our next president. He’s made canceling Obama’s commitment and ending the billions of climate change payments to the U.N. a key part of his stump speech. On November 9, Bloomberg wrote: “Doubts about U.S. support for the accord could stall progress in talks in Morocco this week and next, since other nations wouldn’t trust that any commitments the U.S. made will stick after Trump takes office.”

Truly, getting the entire globe onboard for the plan that would raise energy costs, hurt the poor, and lower living standards was always doubtful. Just last week, China, which gave lip-service to the agreement, announced that it will raise coal power capacity by as much as 20 percent by 2020 – this, despite its climate pledge. Last month news came out of France that it would drop plans for a carbon tax – which was expected to kick start broader European action to cut emissions and drive forward the international climate accord. But now, under a Trump presidency, the Paris climate agreement’s entire future is “doubtful.”

Trump will kill the Clean Power Plan and other key climate policies. He’ll end the war on coal. Coal-fueled power plants that were slated for closure can now achieve their full life expectancy and continue to provide communities with cost-effective electricity. He’ll approve the Keystone pipeline and improve drilling access on federal lands. He’ll roll back regulations and diminish the Environmental Protection Agency’s authority. Wind and solar companies already realize their days of feeding at the government trough are over: immediately following Trump’s victory announcement, stock in the world’s largest wind turbine manufacturer “plunged” and solar stocks have been “hammered.”

Trump’s energy policies are my energy policies. Mission accomplished.

Thank you to the thousands of individuals and companies, from coast-to-coast, who have supported this work through notes of encouragement, membership in the Citizens’ Alliance for Responsible Energy, and financial contributions. Contrary to what those who send me nasty notes might believe, I do not think the Koch brothers or ExxonMobil even know I exist.

I have used what I call a Field-of-Dreams fundraising model: “If you build it, they will come.” This has mostly worked throughout my ten years at the helm. I’d send out fundraising letters and those who believed in my work sent checks – with an annual average of about $500 each. But then came the downturn in oil prices and coal company bankruptcies – and the accompanying job losses. Suddenly, the pool of people who’d written checks, and could continue to do so, got smaller. Likewise, the types of events where I’ve been a popular presenter no longer have a budget for speakers.

Nearly a year ago, I had to discontinue the services of the DC-based PR firm I’d used to successfully schedule all those interviews. During 2016, there’s only sporadically been enough in the checking account to cover my salary. Because I believed so strongly in the “energy makes America great!” message, I’ve continued without pay – hoping my efforts would impact the election.

It has been a good decade. I’ve gone to some great places and met amazing people – many of whom I will always consider friends. Some of my favorite achievements include: the publication of my book Energy Freedom; being part of the successful effort to keep the sand dune lizard from being listed as an endangered species; meeting with legislators in the Southeast to give them my booklet Solar Power in the US – lessons learned and guidance for policymakers; going to Washington, DC, and working on the effort to lift the oil export ban; and the massive “green-energy crony-corruption scandal” collaboration with Christine Lakatos (and the huge body of work we created including her blog the Green Corruption Files). In fact, the final piece Lakatos and I did together: “Haiti needs electricity, Hillary gives them a sweatshop,” received nearly 15,000 Facebook “shares” from its publication on Breitbart (for comparison, one of my columns a couple of weeks earlier, received 8). Out with a bang!

The original organization, the Citizens’ Alliance for Responsible Energy and the companion advocacy arm Energy Makes America Great (founded in 2010) will reemerge in some form – which is still being discussed. But I will no longer be involved (with the possible exception of occasional writing.)

Most of my readers and supporters don’t know that during my executive director tenure, my marriage of 29 years ended. I was single for several years and then married one of those “amazing people” I met in this work. I moved from Albuquerque to Lubbock – where my husband’s work is based. Throughout it all, I never missed writing and distributing my weekly column – even during my honeymoon (my first weekly column was published by Townhall.com in 2011). I’ve done radio interviews from my bed, office, and car; hotel rooms; and airports – and have been honored to be a regular guest on many, many shows.

Will I miss this? Yes. But I am excited about my future. For the first time in my 58 years, I’ve had the opportunity to ask myself: “what do I really want to do?”

In my youth, I majored in interior design because I loved fixing up houses. Over the years, I’ve claimed that I was codependent with houses – not people. People can fix themselves, but when I see a house in need, I feel compelled to fix it – though, until now, that was never an option for me.

When I purchased my home in New Mexico at an auction on the courthouse steps, it was incomplete. Serving as the “general contractor,” I lined up the team to finish the house and did much of the work myself. When I moved to Lubbock in December 2014, my husband and I bought a house that needed TLC. Along with him, I’ve personally planned, painted, and planted. While I’ve always enjoyed my professional endeavors, these hands-on rehab projects have been some of my most rewarding.

In August, I was at my mother’s in Palm Springs. There, I got some work done on her vacation rental – which I manage. It was a bit of an epiphany: this is what I love doing. I came home and had a long conversation with my husband. Together, we’ve now started a real estate rehab business – though he will continue to spend most of his time in his work as a CPA.

I am looking forward to embarking on a new chapter in my life: Triumph Properties Lubbock Inc. This opportunity brings me full circle. I’ve made an offer on my first flip house and, because it is a short sale, I am waiting for the bank’s response. I invite you to keep in touch through Facebook.

I am honored and humbled by your encouragement and support. My work here is finished.

The author of Energy Freedom, Marita Noon serves as the executive director for Energy Makes America Great Inc., and the companion educational organization, the Citizens’ Alliance for Responsible Energy (CARE). She hosts a weekly radio program: America’s Voice for Energy – which expands on the content of her weekly column. Follow her @EnergyRabbit.

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Editor’s note: While I’ve only had Marita on board a fairly short time (I picked up her column starting this past March) I have had the pleasure of reading it before anyone else does to get it ready for publication – I do so as I tweak it slightly to make it look better on WordPress and my website. She is definitely a voice on energy that we need and her departure from full-time writing means I’ll have to begin addressing that topic more as part of my usual commentary on the political scene. But if she passes anything else along I will be certain to make room – after all, now she will become an expert in another vital industry, that of construction.

But her usual Tuesday morning columns will be missed by this writer, and it brings up a different topic I’ll likely discuss at length later this week.

Striking down Obama’s climate legacy has its day in court

Commentary by Marita Noon

President Obama’s flagship policy on climate change had its day in court on Tuesday, September 27. The international community is closely watching; most Americans, however, are unaware of the historic case known as the Clean Power Plan (CPP) – which according to David Rivkin, one of the attorneys arguing against the plan: “is not just to reduce emissions, but to create a new electrical system.”

For those who haven’t followed the Environmental Protection Agency’s (EPA) rule, here’s a brief history that brings us to up to date:

  • EPA published the final CPP rule in the Federal Register on October 2015.
  • More than two dozen states and a variety of industry groups and businesses immediately filed challenges against it – with a final bipartisan coalition of more than 150 entities including 27 states, 24 trade associations, 37 electric co-ops, 3 labor unions, and about a half dozen nonprofits.
  • On January 21, the U.S. Court of Appeals for the District of Columbia denied a request for a stay that would have prevented implementation of the rule until the court challenges were resolved.
  • On February 9, the Supreme Court of the U.S. (SCOTUS), in an unprecedented action, before the case was heard by the lower court, overruled, and issued a stay that delays enforcement of CPP.
  • The Court of Appeals was scheduled to hear oral arguments before a three-judge panel on June 2, but pushed them to September 27 to be heard by the full court – something the court almost never does (though for issues involving “a question of exceptional importance” procedural rules allow for the case to proceed directly to a hearing before the full appeals court).

The court, which is already fully briefed on a case before hearing the oral arguments, typically allows a maximum 60-90 minutes to hear both sides and occasionally, with an extremely complex case, will allow two hours. The oral argument phase allows the judges to interact with lawyers from both sides and with each other. However, for the CPP, the court scheduled a morning session focusing on the EPA’s authority to promulgate the rule and an afternoon session on the constitutional claims against the rule – which ended up totaling nearly 7 hours. Jeff Holmstead, a partner with Bracewell Law, representing one of the lead challengers, told me this was the only time the full court has sat all day to hear a case.

One of the issues addressed was whether or not the EPA could “exercise major transformative power without a clear statement from Congress on the issue” – with the 2014 Utility Air Regulatory Group (UARG) v. EPA determining it could not. Republican appointee Judge Brett Kavanaugh noted that the UARG scenario “sounds exactly like this one.”

Judge Thomas Griffith, a Bush appointee, questioned: “Why isn’t this debate going on in the floor of the Senate?” In a post-oral argument press conference, Senator James Inhofe (R-OK) pointed out that the debate has been held on the Senate floor in the form of cap-and-trade legislation – which has failed repeatedly over a 15-year period. Therefore, he said, the Obama administration has tried to do through regulation what the Senate wouldn’t do through legislation.

“Harvard law professor Laurence Tribe, one of Obama’s mentors,” writes the Dallas Morning News: “made a star appearance to argue that the Clean Power Plan is unconstitutional.”

Judge Karen LeCraft Henderson, a Bush appointee, concluded: “You have given us all we need and more, perhaps, to work on it.”

The day in court featured many of the nation’s best oral advocates and both sides feel good about how the case was presented.

For the challengers (who call CPP “an unlawful power grab”), West Virginia Attorney General Patrick Morrisey, who along with Texas AG Ken Paxton, co-lead the case, reported: “We said (then) that we were looking forward to having our day in court on the merits. Today was that day. I think that the collective coalition was able to put very strong legal arguments forward, as to why this regulation is unlawful, and why it should be set aside.”

But the case has its proponents, too, and they, also, left feeling optimistic. In a blog post for the Environmental Defense Fund, Martha Roberts wrote about what she observed in the courtroom: “The judges today were prepared and engaged. They asked sharply probing questions of all sides. But the big news is that a majority of judges appeared receptive to arguments in support of the Clean Power Plan.” She concluded that she’s confident “that climate protection can win the day.”

The Wall Street Journal (WSJ) summarized the session saying that stakeholders on all sides were left “parsing questions and reactions, and searching for signs of which way the judges are leaning.” U.S. News reported: “The judges repeatedly interrupted the lawyers for both sides to ask pointed questions about the legal underpinnings of their positions.”

The decision, which is not expected for several months, may come down to the ideological make-up of the court: 6 of the judges were appointed by Democrat presidents and 4 by Republicans. Though, according to WSJ, Obama appointee Judge Patricia Millet “expressed concern that the administration was in effect requiring power plants to subsidize companies competing with them for electricity demand.” She offered hope to the challengers when she said: “That seems to be quite different from traditional regulation.” Additionally, in his opinion published in the Washington Post, Constitutional law professor Jonathan Adler, stated: “Some of the early reports indicate that several Democratic nominees posed tough questions to the attorney defending the EPA.”

Now, the judges will deliberate and discuss. Whatever decision they come to, experts agree that the losing side will appeal and that the case will end up in front of the Supreme Court – most likely in the 2017/2018 session with a decision possible as late as June 2018. There, the ultimate result really rests in the presidential election, as the current SCOTUS make up will be changed with the addition of the ninth Justice, who will be appointed by the November 8 winner – and that Justice will reflect the new president’s ideology.

Hillary Clinton has promised to continue Obama’s climate change policies while Donald Trump has announced he’ll rescind the CPP and cancel the Paris Climate Agreement.

The CPP is about more than the higher electricity costs and decreased grid reliability, which results from heavy reliance on wind and solar energy as CPP requires, and, as the South Australian experiment proves, doesn’t work. It has far-reaching impacts. WSJ states: “Even a partial rebuke of the Clean Power Plan could make it impossible for the U.S. to hit the goals Mr. Obama pledged in the Paris climate deal.” With Obama’s climate legacy at stake, the international community is paying close attention.

And Americans should be. Our energy stability hangs in the balance.

The author of Energy Freedom, Marita Noon serves as the executive director for Energy Makes America Great Inc., and the companion educational organization, the Citizens’ Alliance for Responsible Energy (CARE). She hosts a weekly radio program: America’s Voice for Energy – which expands on the content of her weekly column. Follow her @EnergyRabbit.

Trump: making America’s energy policy cheaper, faster, and better

Commentary by Marita Noon

Editor’s note: by Marita’s request – and so as not to come in the midst of other upcoming content from her – I’m posting this a day earlier than Marita’s normal Tuesday morning slot.

The name Donald Trump will occupy the news cycle during the Republican National Convention in Cleveland, Ohio. Other than comments from oil entrepreneur Harold Hamm, energy won’t be a huge topic on the stage – though it does hold a spot on the newly approved Republican Platform and has a starring role in Trump’s plan to “make America great again.”

Trump calls it “An America First Energy Plan.” In it, he calls for “American energy dominance,” which he sees as a strategic, economic, and foreign policy goal. Like every recent president before him, he seeks “American energy independence” – which he defines as being “independent of any need to import energy from the OPEC cartel or any nations hostile to our interests.” According to his energy adviser, Rep. Kevin Cramer (R-ND), this acknowledges that we will still use oil from our friends like Canada and Mexico and that, for example, due to refinery configurations, there will likely continue to be oil imports and exports. The thing to note is that we will not need to, not have to, do business with those who are hostile toward America.

He understands that our amazing American energy resources offer the United States tremendous wealth and economic advantage. In his May 26 speech in North Dakota, addressing untapped oil and gas reserves on federal lands, Trump exclaimed: “We have no idea how rich we are. We want to cherish that wealth.” In comparison, he pointed out that Hillary Clinton wants to lock up “trillions in American wealth” while her “poverty-expansion agenda” enriches her friends and makes everyone else poor. (Be sure to read more about Hillary enriching her friends in my column next week.) In the speech, Trump pointed out to the audience, largely made up of people from the oil and agriculture industries: “If Crooked Hillary can shut down the mines, she can shut down your business, too.”

His America First Energy Plan calls for a redirection of our energy agenda. Overall, Trump will move away from government-central planning efforts and return authority back to the states – an idea that has made it into the Republican Platform. His plan has three main components. Under a Trump administration there will be big changes in climate policy, regulations, and the management of federal lands.

Climate policy

While Trump is known to have called climate change “a hoax,” and has declared that he will not allow “political activists with extreme agendas” to write the rules, he is a true environmentalist. Coming from New York City where the only “nature” is Central Park, he has a heart for the environment. Cramer told me Trump holds a typical “Manhattan view of the West:” clean air, green space, and nature are precious. In his energy speech, Trump announced his environmental policy: “my priorities are very simple: clean air and clean water.” A Trump administration “will work with conservationists whose only agenda is protecting nature.”

In his “100-day action plan,” Trump says he’ll rescind the Climate Action Plan – which “gives foreign bureaucrats control over how much energy we use.”

[Note: this foreign control over energy use was a key component in the Brexit vote – as I wrote a few weeks ago. Since then, Theresa May, the UK’s new Prime Minister, who last week announced: “I want to see an energy policy that emphasises the reliability of supply and lower costs for users,” has scrapped the Department of Energy and Climate Change and replaced it with a new Department for Business, Energy & Industrial Strategy. With a President Trump, we can expect similar action.]

Trump has pledged to “cancel the Paris Climate Agreement and stop all payment of U.S. tax dollars to U.N. global warming programs.” He says such policies are evidence of America bending to benefit other nations at a cost to the U.S. Once the “draconian climate rules” are eliminated there is no rationale for imposing a “job-killing cap-and-trade” scheme or to keep extending the subsidies for wind and solar. He is not opposed to wind and solar energy, and in fact, wants to “get bureaucracy out of the way of innovation so we can pursue all forms of energy,” but he doesn’t support the idea of “the government picking winners and losers.” Like other energy sources, once the subsidies expire, the wind and solar industry would benefit from typical business tax deductions and deferments.

Regulations

Trump’s agenda calls for “Regulation reform that eliminates stupid rules that send our jobs overseas.” He knows that “costly regulation makes it harder and harder to turn a profit.”

In his speech, he accused the Environmental Protection Agency of “totalitarian tactics” and pointed out the current enforcement disparity: “The Department of Justice filed a lawsuit against seven North Dakota oil companies for the deaths of 28 birds while the Administration fast-tracked wind projects that kill more than 1 million birds a year.”

Cramer told me we can expect Trump to roll back a lot of Obama’s regulatory overreach and take a different approach toward rules, like the Waters of the U.S. and the Clean Power Plan, that are currently under a court-ordered stay.

Coal miners have come out en masse for Trump because of his promise to “save the coal industry.” I asked Cramer how Trump planned to do that. He told me that while coal-fueled power plants that have already been shut down or converted to natural gas will not likely be reopened, a Trump administration can save what’s left and stop the bleeding by not artificially punishing the industry through regulation.

On July 14, the U.S. House of Representatives passed the 2017 Department of Interior, Environment, and Related Agencies Appropriations Bill. It provides an example of actions we can expect from a President Trump. Cramer says if this bill were to make it to Trump’s desk, he would sign it. Some of the bill’s provisions include:

  • Prohibiting the EPA from implementing new greenhouse gas regulations for new and existing power plants,
  • Prohibiting harmful changes to the “stream buffer rule” or making changes to the definition of “fill material” negatively impacting coal-mining operations, and
  • Requiring a report on the backlog of mining permits awaiting approval.

Additionally, the bill cuts funding for regulatory agencies – “a decrease of $64 million from last year’s budget and $1 billion below the President’s request.”

While the Obama Administration has issued near fatal regulations on the coal industry (which Hillary would take even further), other countries are using more coal. On July 11, the Financial Times announced that prices for coal surged on increasing demand in China.

In short, Trump explained: “Any future regulation will go through a simple test: is this regulation good for the American worker? If it doesn’t pass this test, the rule will not be approved.”

Federal Lands

In his speech, Trump reminded people that President Obama has halted leasing for new coal mines on federal lands and aggressively blocked the production of oil and natural gas by closing down leases and putting reserves off limits. He pointed out that these resources are an American treasure and that the American people are entitled to share in the riches.

One of the ways Americans will benefit from the riches of our natural resources is through a designated fund that, much like many natural resource states already do, will put a portion of the revenues directly into rebuilding roads, schools, and public infrastructure.

As a part of his 100-day action plan, Trump has promised to “lift moratoriums on energy production on federal areas.” Instead of slow-walking permits or being passive-aggressive with the permitting process, he’ll order agencies to expedite exploration, drilling, and mining permits.

Trump has said he intends to “trust local officials and local residents.” This idea will be played out in his approach to the management of federal lands – which Cramer explained will be more of a state and federal partnership where states will have a much greater say regarding their land use. This includes the regulation of hydraulic fracturing. In a blow to the Obama administration’s overreach, a federal court recently affirmed that the regulation of the technology is the jurisdiction of the states – not the Federal Bureau of Land Management.

We’ll see this same philosophy played out in the designation of national monuments – something the Obama administration has abused by turning the ability to designate national monuments into a land grab. His monument designations often prevent productive use of the federal lands – such as agriculture or mineral extraction. The GOP platform committee adopted language that empowers states to retain control over lands within their borders. New monuments will “require the approval of the state where the national monument is designated or the national park is proposed.” As a result, Cramer told me: “We will not see a lot of new federal lands.”

There are two additional important energy items to note. First, Trump would “ask TransCanada to renew its permit application for the Keystone pipeline” – which would be built by American workers. Second, Trump has long been a supporter of nuclear power.

Trump’s energy plan is a turn toward realism. It is based on the fact that our American energy abundance can allow for shared prosperity, better schools, more funding for infrastructure, higher wages, and lower unemployment. Isn’t that what making America great again is all about?

The author of Energy Freedom, Marita Noon serves as the executive director for Energy Makes America Great Inc., and the companion educational organization, the Citizens’ Alliance for Responsible Energy (CARE). She hosts a weekly radio program: America’s Voice for Energy – which expands on the content of her weekly column. Follow her @EnergyRabbit.

Earth Day’s anti-fossil fuel focus could plunge millions into green energy poverty

Commentary by Marita Noon

Friday, April 22, will mark the 47th Earth Day. You may think it is all about planting trees and cleaning up neighborhoods. But this year’s anniversary will be closer to its radical roots than, perhaps, any other since its founding in 1970. Considered the birth of the environmental movement, the first Earth Day took place during the height of America’s counterculture era. According to EarthDay.org, it gave voice to an “emerging consciousness, channeling the energy of the anti-war protest movement and putting environmental concerns on the front page.”

We did need to clean up our act. At that time “littering” wasn’t part of our vocabulary, The air in the Southern California valley where I grew up was often so thick with smog we couldn’t see the surrounding mountains.

Thankfully, that has changed.

Look around your community. You’ll likely see green trees, blue skies, and bodies of water sparkling in the sunshine. With the success of the environmental movement, its supporters, and the nonprofit groups it spawned, had to become ever more radical to stay relevant.

Environmentalism has changed.

The morphing of the movement may be most evident in Earth Day 2016 – which some are calling “the most important Earth Day in history.”

This year, on April 22, in a high-level celebration at the United Nations headquarters in New York, the Paris Climate Agreement will officially be signed. Thirty days after its signing by at least 55 countries that represent 55 percent of global greenhouse gas emissions, the agreement will take effect – committing countries to establishing individual targets for emission reductions with the expectation that they will be reviewed and updated every five years.

While news reports of Earth Day 2016 will likely depict dancing in the streets, those who can look past the headlines will see a dire picture – one in which more than 10 percent of a household’s income is spent on energy costs; one of “green energy poverty.”

To meet the non-binding commitments President Obama made last December in Paris, he is counting on, among many domestic regulations, the Clean Power Plan (CPP).

Last week, on the Senate floor, Senator Jim Inhofe (R-OK), chairman of the Senate Environment and Public Works Committee, delivered remarks in advance of Earth Day on the unattainability of the U.S. climate commitments. He said: “The Clean Power Plan is the centerpiece of the president’s promise to the international community that the U.S. will cut greenhouse gas emissions by 26 to 28 percent.” It would “cause double digit electricity price increases in 40 states” and “would prevent struggling communities from accessing reliable and affordable fuel sources, which could eventually lead to poor families choosing between putting healthy food on the table or turning their heater on in the winter.”

The Heritage Foundation has just released a report on the devastating economic costs of the Paris Climate Agreement, which it calls “a push for un-development for the industrialized world and a major obstacle for growth for the developing world.” Because global warming regulations “stifle the use of the most efficient and inexpensive forms of electricity, businesses as well as households will incur higher electricity costs.” The report concludes: “restricting energy production to meet targets like those of the Paris agreement will significantly harm the U.S. economy. Bureaucratically administered mandates, taxes, and special interest subsidies will drive family incomes down by thousands of dollars per year, drive up energy costs, and eliminate hundreds of thousands of jobs. All of these costs would be incurred to achieve only trivial and theoretical impacts on global warming.”

Real world experience bears out the both Inhofe’s observations and the Heritage Foundation’s conclusions.

Germany is one of the best examples of green energy poverty as the country has some of the most aggressive greenhouse gas reduction programs that offer generous subsidies for any company producing green energy. Based on an extensive study done by green energy believers in 2014, I addressed the program’s overall result: raised costs and raised emissions. I stated: “After reading the entire 80-page white paper, I was struck with three distinct observations. The German experiment has raised energy costs to households and business, the subsidies are unsustainable, and, as a result, without intervention, the energy supply is unstable.” At that time, I concluded: “The high prices disproportionately hurt the poor, giving birth to the new phrase: ‘energy poverty.'”

More recently, others have come to the same conclusion (read here and here). On April 13, the Wall Street Journal (WSJ) opined: “Germany’s 16-year-old Energiewende, or energy transformation, already has wrecked the country’s energy market in its quest to wean the economy off fossil fuels and nuclear power. Traditional power plants, including those that burn cleaner gas, have been closing left and right while soaring electricity prices push industries overseas and bankrupt households. Job losses run to the tens of thousands.” Meanwhile, emissions over the past seven years have increased. Last month, Mike Shellenberger, President, Environmental Progress and Time magazine “Hero of the Environment,” tweeted: “people really want to believe good things about Germany’s energy shift, but … its emissions rose.” WSJ concludes: “The market distortions caused by overreliance on expensive but undependable power already have pushed German utilities to rely more on cheap and dirty coal-fired power plants to make up the shortfall when renewable sources can’t meet demand.”

Germany is not alone.

The U.K., according to Reuters, is facing “fuel poverty.” The report states: “The government is also under pressure to curb rising energy bills with 2.3 million of Britain’s 27 million households deemed fuel poor, meaning the cost of heating their homes leaves them with income below the poverty line.” Another account covers the U.K.’s cuts to solar subsidies, saying: “The government says the changes were necessary to protect bill payers, as the solar incentives are levied on household energy bills.”

The Netherlands, which is already behind in meeting its green energy targets, has, according to the Washington Post, had to build three new coal-fueled power plants – in part, at least, to power the high percentage of electric cars. Additionally, the country has hundreds of wind turbines that are operating at a loss and are in danger of being demolished. A report states: “Subsidies for generating wind energy are in many cases no longer cost-effective. Smaller, older windmills in particular are running at a loss, but even newer mills are struggling to be profitable with insufficient subsidies.”

Bringing it closer to home, there is über-green California – where billionaire activist Tom Steyer aggressively pushes green energy policies. Headlines tout California has the most expensive market for retail gasoline nationwide. But, according to the Institute for Energy Research, it also has some of the highest electricity prices in the country – “about 40 percent higher than the national average.” A 2012 report from the Manhattan Institute, states that about one million California households were living in “energy poverty”- with Latinos and African Americans being the hardest hit. With the Golden State’s headlong rush toward lower carbon-dioxide emissions and greater use of renewables, the energy poverty figure is surely much higher today.

This week, as you hear commentators celebrate “the most important Earth Day in history” and the global significance of the signing of the Paris Climate Agreement, remember the result of policies similar to CPP: green energy poverty. Use these stories (there are many more) to talk to your friends. Make this “Green Energy Poverty Week” and share it: #GEPW.

We, however, do not need to be doomed to green energy poverty. There is some good news.

First, the Paris Climate Agreement is non-binding. Even Todd Stern, U.S. climate envoy, acknowledged in the Huffington Post: “What Paris does is put in place a structure that will encourage countries to increase their targets every five years.” While the requisite number of countries will likely sign it before the election of the next president, the only enforcement mechanism is political shaming. Even if it was legally binding, as was the Koyto Protocol, Reason Magazine points out what happened to countries, like Canada and Japan, which “violated their solemn treaty obligations” – NOTHING. The Heritage report adds: “History, however, gives little confidence that such compliance will even occur. For instance, China is building 350 coal-fired power plants, and has plans for another 800.”

Then there is the legal delay to the implementation of the CPP – which, thanks to a Supreme Court decision earlier this year, will be tied up in courts for at least the next two years. Inhofe stated: “Without the central component of (Obama’s) international climate agenda, achieving the promises made in Paris are mere pipe dreams.”

“President Obama’s climate pledge is unobtainable and it stands no chance of succeeding in the United States,” Inhofe said. “For the sake of the economic well-being of America, that’s a good thing.”

The author of Energy Freedom, Marita Noon serves as the executive director for Energy Makes America Great Inc., and the companion educational organization, the Citizens’ Alliance for Responsible Energy (CARE). She hosts a weekly radio program: America’s Voice for Energy—which expands on the content of her weekly column. Follow her @EnergyRabbit.