Free Markets, Free People

Environment


Al Gore, Call Your Agent

There goes that “scientific consensus” about AGW again. And in a peer-reviewed study too.

Three Australasian scientists have published a study in the Journal of Geophysical Research claiming that virtually none of the observed temperature increases in the Earth’s atmosphere in recent years can be attributed to man-made factors.

Ummm … sure am wantin’ me some of that cap-and-trade now.  As anyone should be able to figure out by now, the science is anything but settled concerning AGW.

Their research says that it is the El Nino-Southern Oscillation that pretty much has its way with temperature. And, the claim, volcanoes have a pretty significant impact on cooling.

“The surge in global temperatures since 1977 can be attributed to a 1976 climate shift in the Pacific Ocean that made warming El Niño conditions more likely than they were over the previous 30 years and cooling La Niña conditions less likely” de Freitas said.

“We have shown that internal global climate-system variability accounts for at least 80% of the observed global climate variation over the past half-century. It may even be more if the period of influence of major volcanoes can be more clearly identified and the corresponding data excluded from the analysis,” he added.

Their conclusion?

“Overall the results suggest that the Southern Oscillation exercises a consistently dominant influence on mean global temperature, with a maximum effect in the tropics, except for periods when equatorial volcanism causes ad hoc cooling.”

And man?

Not so much.

I’m sure our resident AGW believers will troop in to tell us how this is obviously not anything that “real science” would advance – except this is real science, with real scientists and a peer-reviewed study.

~McQ


“Green” UK – A Cautionary Tale

A bit of ego, a little dab of moral vanity, a smidge of hubris all driven by an agenda and you have the perfect definition of the political class worldwide.  Of course I understate the smidges, bits and dabs by quite a bit. But that class has a problem.  Other than boring economic stuff they are apparently lacking a great moral cause.   So, it appears, they’ve decided to make one up with predicable results.

Dominic Lawson brings us up to date with the goings on in the UK beginning with helping us understand where the “green” movement has gotten them:

I was irresistibly reminded of this by Ed Miliband, the energy secretary, in his launch of plans to cut carbon emissions by switching to “renewables” for more than 30% of our energy use. This, he claimed, would “rise to the moral challenge of climate change”.

Miliband is of the generation of politicians struggling to find a great moral cause. Earlier in the Labour administration Tony Blair thought he had found it with wars of choice far from home, but that has, to put it mildly, lost its lustre. Now it is the “war against climate change”, given additional moral potency by the notion that the greatest concentration of sufferers from global rising temperatures would be among the world’s poorest.

Given the mostly positive press the fulminations of one Al Gore has received, what pol worth his salt could resist the call to save the world. “Go Green” young man and don’t dally because the earth has a fever!

And so Britain has tried to lead the effort. With high flying rhetoric and an aim to save Africa (really? Yup, so says Lawson), British politicans have bravely decided to throttle back their emissions and, apparently, kill their steel industry. Of course other than see the last vestiges of that industry leave forever, Lawson wonders, in the big scheme of things, if it’s worth it:

The UK is responsible for less than 2% of global carbon emissions – a figure set to fall sharply, regardless of what we do, as a result of the startlingly rapid industrial-isation of countries such as China and India: each year the increase in Chinese CO2 emissions alone is greater than those produced by the entire British economy. On the fashionable assumption that climate change is entirely driven by CO2 emissions, the effect on global temperatures of Britain closing every fossil fuel power station would be much smaller than the statistical margin of error: in effect, zero.

You see, Lawson, like many, has figured out the unfashionable truth – unless the big 3rd world emitters play ball, whatever dinky emitters like the UK do won’t amount to any net change. Whether or not you believe in AGW or not, running your economy on the shoals for no net gain seems something only a politican would do. And you’re right.

But those great moral crusades are beckoning and the political flesh is weak. Who wants to show up and serve their time in the spotlight with nothing but mundane governing to do. Politicians are driven to make a difference:

Gordon Brown claims: “Britain is leading the world in the battle against climate change.” Such remarks are regarded as absurd in the chancelleries of Europe: if you do take as a measure of such commitment the proportion of domestic energy already supplied by renewables, the UK occupies 25th place in the European Union league table, above only Malta and Luxembourg.

Never the less, “leading” certainly has had an effect, at least domestically. With a yawning energy gap promising huge problems in he very near future, the UK is leading by committing itself to 7,000 offshore wind generators.

Two problems with that. One they should have learned from Germany:

Indeed, Paul Golby, who runs the British operations of E.ON, Europe’s biggest wind-power producer, has told the government that a 90% fossil fuel or nuclear back-up will be needed for any of the National Grid’s future wind-power capacity. As Martin Fuchs, his German boss, pointed out: “The wind, sadly, does not blow where large quantities of power are required . . . on September 12 last year wind power contributed 38% of our grid power requirements at all times, but on September 30 the figure went down to 0.2%.”

Yes that’s right – wind is so unreliable that it must be backed up with more conventional methods of power generation up to the 90% mark. And:

The powerful wind-turbine lobby in Germany constantly harps on about the number of jobs “created” by its subsidised investment, quite ignoring the number of jobs destroyed by high-cost energy, or indeed the greater number of jobs that could be created if the same amounts were invested in more profitable activities. This is why the Bremen Energy Institute argues that “wind energy macro-economically has a negative employment impact”.

Peachy. Germany isn’t the only one that has learned “green” means fewer jobs, not more. Spain has also learned that lesson. A study of what has happened in Spain since it took essentially the same path as the UK in 2000 yielded these results:

* For every green job financed by Spanish taxpayers, 2.2 real jobs were lost as an opportunity cost;
* 9 out of 10 green jobs created by Spain over the past 10 years are no longer in existence today;
* Since 2000, Spain has spent €571,138 ($753,778) to create each “green job,” including subsidies of more than €1 million ($1,319,783) per wind industry job;
* Those programs resulted in the destruction of nearly 113,000 jobs elsewhere in the economy and;
* Each “green” megawatt installed destroyed 5.39 jobs in non-energy sectors of the Spanish economy.”

And what about all that wonderful green energy promised by the UK wind machines? Well, unfortunately it’s very expensive:

Miliband claimed last week that the result of his proposals would be an increase in costs to energy users of about 17%. However, the business and enterprise department admitted last year that Britain’s existing “climate policies” – even before Miliband’s latest Big New Idea – would add an extra 55% to energy bills. It’s obvious where this will lead: to the exit from Britain (and, indeed, Europe) of much of what remains of energy-intensive manufacturing industry – the euphemistic jargon term is “carbon leakage”.

Sure enough, that’s precisely what is happening:

Jeremy Nicholson, the director of the Energy Intensive Users Group, which represents such industries as steel and aluminium, is exasperated beyond measure: “A future administration will have to say in public what ministers and their officials already admit in private, that the renewables target is neither practical nor affordable. Outsourcing our emissions is not a solution to a global problem. Politicians need to understand that unilateral action will come at a terrible cost in terms of UK manufacturing jobs, investment and export revenue, for no discernible environmental gain – is that really what they want?”

Apparently so, since that is precisely the road the US and UK, without either China, India or the rest of the 3rd world, is headed.

What about the “exasperated” steel and aluminum industuries in Britain?

Well their demise has already begun:

Thousands of British steelworkers and their families are holding a protest march Saturday in a town in northeast England where the looming closure of a Corus steel plant threatens to throw families into poverty.

[...]

Closure is expected to result in the loss of 2,000 jobs at the plant, and another 1,000 elsewhere.

But others say the status of the plant, known as Teesside Cast Products, as one of the main regional employers means its closure will result in a loss of local high street spending that could balloon into nearly 10,000 job losses.

Aluminum too:

On the day Nicholson said this to me, last Thursday, Anglesey Aluminium, the biggest consumer of electricity in Wales, announced that it would cease production, precisely because it could see no prospect of signing up to a long-term supply of electricity at a rate at which it could make a profit. And on the day of Miliband’s announcement, a group of Labour MPs presented a “Save Our Steel” petition, saying: “We need to make sure we act before the light goes out.”

It may well be that the English steel mills will become unable to compete globally, even at current domestic energy prices; but deliberately to make them uncompetitive is industrial vandalism – and even madness when the consequence of Miliband’s Martin Luther King moment may be the lights going out not just for producers but for all of us in our homes. This is worse than a futile gesture: it is immoral.

Indeed. But the moral vanity and hubris involved in the belief one is “saving the world” apparently trumps any concern for the lives of others and the reality such policy brings in its execution.

The immoral part, as it pertains to the US, is we know this from watching what has happened in Europe and elsewhere. Yet apparently, if the administration has its way, we’re going to see the same immorality visited on us here shortly.

~McQ


Cap-And-Trade And Paying For China Too

Who are these people?

I’m obviously mistaken if I think they’re in office to represent the citizens of the United States of America.  Apparently, instead, they represent the Chinese:

“It’s important that those who consume the products being made all around the world to the benefit of America — and it’s our own consumption activity that’s causing the emission of greenhouse gases, then quite frankly Americans need to pay for that,” Commerce Secretary Gary Locke told the American Chamber of Commerce in Shanghai.

That’s United States Secretary of Commerce Gary Locke, folks.

Of course, after Locke shoots off his mouth and forgets for whom he works,  the Joe Biden treatment comes into play. Behold, the official disclaimer that makes it all officially okeydokey:

“Secretary Locke has been very clear on emphasizing the importance of fair trade as a part of the United States’ relationship with China. He believes U.S. companies should not be disadvantaged by Chinese imports not bound by responsible policies to reduce carbon emissions. China and the US must work together to ensure a level playing field and reduce our carbon footprints. The Secretary’s trip to China demonstrated his commitment to fair trade and his belief that both the United States and China can benefit from shared investments and cooperation in clean energy that will lead to commercial and environmental benefits for both countries.”

In other words, he didn’t say what he said and we say so.  Orwell would be freakin’ proud.

I swear – sometimes words just fail me when I watch the absolute travesty our government has become.  And no, not just since January.  But they sure have caused the process to speed up.

~McQ


The Green Shift, again

QandO founder Jon Henke posted at The Next Right yesterday with a suggestion for Republicans that I didn’t think would be very controversial: that they should propose swapping out the payroll tax in favor of a carbon tax.  I’ve established that I’m all for that idea. Though I would go farther, it’s a good idea on its own, especially when unemployment is high and hours worked are very low.

Go over there and read his reasoning (please don’t comment unless you’ve read it).  It makes a lot of sense, whether you believe in anthropogenic climate change or not.  Well, unless you do believe in it, and think it’s such a good thing that it overwhelms the benefits of switching from a relatively destructive tax to a better one.


Scientists Say Climate Models “Fundamentally Wrong”

This will throw an inconvenient kink in the Al Gore “earth has a fever” pitch, won’t it?

Could the best climate models — the ones used to predict global warming — all be wrong?

Maybe so, says a new study published online today in the journal Nature Geoscience. The report found that only about half of the warming that occurred during a natural climate change 55 million years ago can be explained by excess carbon dioxide in the atmosphere. What caused the remainder of the warming is a mystery.

“In a nutshell, theoretical models cannot explain what we observe in the geological record,” says oceanographer Gerald Dickens, study co-author and professor of Earth Science at Rice University in Houston. “There appears to be something fundamentally wrong with the way temperature and carbon are linked in climate models.”

As someone said recently, science is skeptism, and this is science. This is science taking another look and admitting “something’s just not right” with the current warming theories. And the problem begins with thier climate models.

The explanation is found in the earth’s history:

During the warming period, known as the “Palaeocene-Eocene thermal maximum” (PETM), for unknown reasons, the amount of carbon in Earth’s atmosphere rose rapidly. This makes the PETM one of the best ancient climate analogues for present-day Earth.

As the levels of carbon increased, global surface temperatures also rose dramatically during the PETM. Average temperatures worldwide rose by around 13 degrees in the relatively short geological span of about 10,000 years.

The conclusion, Dickens said, is that something other than carbon dioxide caused much of this ancient warming. “Some feedback loop or other processes that aren’t accounted for in these models — the same ones used by the Intergovernmental Panel on Climate Change for current best estimates of 21st century warming — caused a substantial portion of the warming that occurred during the PETM.”

One can only assume, if you want to go along with the oracle’s claims, that Fred Flintstone and his buddy Barney were driving their stonemobiles way to much.  Except Fred and Barney weren’t even around then

The point made by Dickens is a solid one. If your model can’t “model” the past given all you know about it, how in the world can anyone have any scientific confidence in its modeling of the future? Here we have a period of the earth’s history (55.8 million years ago) in which man hadn’t even shown up on the scene yet, but where temperatures rose fairly drastically, globally, in a relatively short time (20,000 years). Why?

We’ve been led to believe that increases CO2 are the root cause and man is the reason for the rise in C02. But PETM seems to dispel that theory doesn’t it?

Interesting.

Nice to see science beginning to exert itself again as it reexamines what has become a mostly faith-based exercise in fear-mongering. Now if the politicians would only catch up.

~McQ


Damned Global Warming Skeptics

Why don’t they just shut up!

The science is settled! We have consensus.

Well, except for those 32,000 American scientists who have signed a petition saying they don’t agree that anthropogenic, or man-made, global warming is threatening society as we know it.

And now we have another one – another skeptical scientist who attempts to enlighten the cult of AGW as to how the science actually works.  I’ll let him lay it out:

So why the fuss lately about man-made global warming? The melting Arctic? Do you know we’ve only been monitoring the extent of Arctic ice via satellites since 1979? And while Arctic ice coverage has declined, it’s actually been rising since 2006. And have you heard Antarctic sea ice has increased by nearly 14% since 1979?

The global warming crowd is quick to blame the release of carbon dioxide thru the burning of fossil fuels, such as oil, gasoline, natural gas, and coal, for warming our climate and setting us on a path for doom.

Since before the industrial revolution the amount of carbon dioxide in the atmosphere has been rising, up to around 385 parts per million by volume today. That amounts to a miniscule 0.0385% of the atmosphere. Increased CO2 levels are beneficial to plants since they require carbon dioxide to grow. In this experiment, plants exposed to CO2 levels of 1,090 parts per million by volume by far exhibited the most growth.

So, does carbon dioxide drive the climate? The answer is no!

Natural cycles play a much bigger role with the sun at the top of the list. A look at total solar irradiance since 1600 shows a distinct correlation to temperature readings. Readings are higher now than anytime in the past 400 years!

Then there’s El Nino Southern Oscillation, the North Atlantic Oscillation, the Pacific Decadal Oscillation, the Atlantic Multi-Decadal Oscillation, the Arctic Oscillation, the Pacific-North American Teleconnection, Milankovitch forcing, ocean variations, and so on and so forth.

Is there any way to model all these variables? Again, the answer is no! The Intergovernmental Panel on Climate Change, or IPCC, has tried and failed!

Back in 2001 the IPCC released a suite of computer model solutions depicting the future state of the atmosphere. These reports by the IPCC are used repeatedly to drive policy around the world. But, if you look at what’s happened since then, global temperatures are actually on a downward trend, whether you look at actual thermometer readings across the world or satellite-derived temperatures. This when the IPCC models were predicting continued warming.

Can you believe it? Another one who insists models at least be able to model what is happening by using all the variables? And that the models be able to actually predict what is happening instead of modeling something that isn’t?

What’s up with demands like that?! We’ve heard from the oracle, he’s told us the earth has a fever and that’s that.

Gore said it, enough “scientists” believed it and that ends it!

Now let’s get that cap-and-trade bill through the Senate and save the planet.

~McQ


Questions and Observations #4

For new readers, the title is what the shortened “QandO” stands for.

  • I thought one of the things the Obama administration was promising it wouldn’t do was use signing statements to ignore the law? Apparently not.
  • It would appear that a witch-hunt for “extremists” in the military is building. First we had the DHS warning claiming veterans might be recruited by right-wing extremist organizations. Then Alcee Hastings proposes law (a law already on the books, btw) to prohibit “extremists” from joining the military. Now the Southern Poverty Law Center is asking Congress to investigate the military based on a couple of postings it found on a suspect website.  The premise, of course, is because we now have a black Democratic president, there is more of a threat from such extremists who might be in the military.
  • Government’s attempt to regulate every aspect of your life takes another step in that direction, but in an unexpected area – licensing yoga teachers. Of course, government knows so much about yoga to begin with. In fact, all this will do is add cost and paperwork to something which is at the moment, self-regulated by the market.  What it will do for yoga is present an government imposed bar to entry.  And, of course, create another revenue stream where none previously existed.
  • Electric cars? The panacea? Not according to the Government Accounting Office which claims, at best, they’d reduce CO2 emissions by 4 – 5% but would see that negated by increased travel because users would drive more believing their use isn’t a threat to the environment. And then there’s the lithium problem.
  • David Brooks sat through an entire dinner with a Republican Senator’s hand on his inner thigh? Really? Why? And what does that say about David Brooks?
  • Corporations which have taken taxpayer money are on notice not to book meetings at fancy resorts. But government (which exists on nothing but taxpayer money)? No problem.
  • Mark Steyn wonders if the era of “soft despotism” has begun here? It’s a good description of what is going on I think.  For the record, Obama isn’t the initiator of it, he’s just an accelerant. The only problem with “soft despotism” is it usually turns to the garden-variety hard despotism after a while.
  • Timing is everything, isn’t it? In the midst of the recession, the federal minimum wage is scheduled to increase by 70 cents an hour to $7.25 on July 24th. That’ll certainly help the recovery and create jobs, won’t it?

I’ll add more as I find them – check back throughout the day.

~McQ


A “Climate Change” Reminder

The year? 1972.

The problem?

Global cooling:

In Africa, drought continues for the sixth consecutive year, adding terribly to the toll of famine victims. During 1972 record rains in parts of the U.S., Pakistan and Japan caused some of the worst flooding in centuries. In Canada’s wheat belt, a particularly chilly and rainy spring has delayed planting and may well bring a disappointingly small harvest. Rainy Britain, on the other hand, has suffered from uncharacteristic dry spells the past few springs. A series of unusually cold winters has gripped the American Far West, while New England and northern Europe have recently experienced the mildest winters within anyone’s recollection.

As they review the bizarre and unpredictable weather pattern of the past several years, a growing number of scientists are beginning to suspect that many seemingly contradictory meteorological fluctuations are actually part of a global climatic upheaval. However widely the weather varies from place to place and time to time, when meteorologists take an average of temperatures around the globe they find that the atmosphere has been growing gradually cooler for the past three decades. The trend shows no indication of reversing. Climatological Cassandras are becoming increasingly apprehensive, for the weather aberrations they are studying may be the harbinger of another ice age.

Telltale signs are everywhere —from the unexpected persistence and thickness of pack ice in the waters around Iceland to the southward migration of a warmth-loving creature like the armadillo from the Midwest.Since the 1940s the mean global temperature has dropped about 2.7° F. Although that figure is at best an estimate, it is supported by other convincing data. When Climatologist George J. Kukla of Columbia University’s Lamont-Doherty Geological Observatory and his wife Helena analyzed satellite weather data for the Northern Hemisphere, they found that the area of the ice and snow cover had suddenly increased by 12% in 1971 and the increase has persisted ever since. Areas of Baffin Island in the Canadian Arctic, for example, were once totally free of any snow in summer; now they are covered year round.

The reason(s)?

Sunspot Cycle. The changing weather is apparently connected with differences in the amount of energy that the earth’s surface receives from the sun. Changes in the earth’s tilt and distance from the sun could, for instance, significantly increase or decrease the amount of solar radiation falling on either hemisphere—thereby altering the earth’s climate. Some observers have tried to connect the eleven-year sunspot cycle with climate patterns, but have so far been unable to provide a satisfactory explanation of how the cycle might be involved.

Man, too, may be somewhat responsible for the cooling trend. The University of Wisconsin’s Reid A. Bryson and other climatologists suggest that dust and other particles released into the atmosphere as a result of farming and fuel burning may be blocking more and more sunlight from reaching and heating the surface of the earth.

And the doomsday warning:

University of Toronto Climatologist Kenneth Hare, a former president of the Royal Meteorological Society, believes that the continuing drought and the recent failure of the Russian harvest gave the world a grim premonition of what might happen. Warns Hare: “I don’t believe that the world’s present population is sustainable if there are more than three years like 1972 in a row.”

Science and consensus all agreed. And man? Man was throwing up too much “dust and other particles”. And obviously, during this period there was hardly any industry and we had the most fuel efficient transportation possible.

But in ’72 they had at least a historical appreciation for what had happened in the earth’s past:

The earth’s current climate is something of an anomaly; in the past 700,000 years, there have been at least seven major episodes of glaciers spreading over much of the planet. Temperatures have been as high as they are now only about 5% of the time. But there is a peril more immediate than the prospect of another ice age.

It also appears, at least then, that they thought warmer was probably much better. In 1972, Chicken Little wore a parka.

~McQ


The EPA Says Cap-And-Trade Will Have No Effect Without China

But Energy Secretary Chu, when asked if he agreed with an EPA chart which depicted that, said, without explanation, that he did not:

During a hearing today in the Senate Environment and Public Works Committee, EPA Administrator Jackson confirmed an EPA analysis showing that unilateral U.S. action to reduce greenhouse gas emissions would have no effect on climate. Moreover, when presented with an EPA chart depicting that outcome, Energy Secretary Steven Chu said he disagreed with EPA’s analysis.

“I believe the central parts of the [EPA] chart are that U.S. action alone will not impact world CO2 levels,” Administrator Jackson said.

Sen. James Inhofe (R-Okla.) presented the chart to both Jackson and Secretary Chu, which shows that meaningful emissions reductions cannot occur without aggressive action by China, India, and other developing countries. “I am encouraged that Administrator Jackson agrees that unilateral action by the U.S. will be all cost for no climate gain,” Sen. Inhofe said. “With China and India recently issuing statements of defiant opposition to mandatory emissions controls, acting alone through the job-killing Waxman-Markey bill would impose severe economic burdens on American consumers, businesses, and families, all without any impact on climate.”

You can watch Jackson confirm it and Chu deny it here:

Click through at the first link to see the chart – it’s rather hard to read, but the EPA analysis depicted on it essentially says what Inhofe points out – that without China and India and other developing countries, cap-and-trade will have no beneficial effect on the overall reduction of CO2 emissions.

Of course what’s most interesting is to watch “Mr. Science”, Secretary Chu, reject the EPA’s analysis without offering a single justification for such rejection.

Science over ideology, or so it was promised. It sure isn’t evident in Chu’s one word answer to the question posed to him.

~McQ


Cap-and-Trade Bill: The Home Invasion

One of the single most important reasons we’ve been railing against the push for universal health care around here is because, at bottom, it will result in a massive loss of individual freedom. Aside from the physicians who will be treated like slaves (the only possibility if their services are considered a “right”), government will have every reason to control how we live our lives since, after all, if its paying for our health care then it has a vested interest in how we live our lives. Too much sugar, Tylenol or cigarettes? Well you’ll just have to quit or pay heavy fines or even go without health care altogether. Indeed, this is how virtually all bureaucracy works — i.e. once the state has responsibility for some part of your life, it starts taking over greater and greater portions thereof. As it turns out, cap-and-trade will be no different:

Let me introduce you to a little section of the Waxman-Markey cap-and-trade bill called the “Building Energy Performance Labeling Program”. It’s section 304 [ed. - It's actually Section 204] of the bill and it says, basically, that your house belongs to the state. See, the Federal Government really wants a country full of energy-efficient homes, so much so that the bill mandates that new homes be 30 percent more energy efficient than the current building code on the very day the law is signed. That efficiency goes up to 50 percent by 2014 and only goes higher from there, all the way to 2030. That, by the way, is not merely a target but a requirement of the law. New homes must reach those efficiency targets no matter what.

But what does that have to do with current homeowners like you? Well, I’m glad you asked. You’re certainly not off the hook, no way, no how. Here’s what the Democrats have planned for you. The program requires that states label their buildings so that we can all know how efficient every building (that includes residential and non-residential buildings) is and it requires that the information be made public.

First, a couple of corrections: (1) The “Building Energy Performance Labeling Program” is in Section 204 of the bill; (2) Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended by Section 201 of this bill to mandate the efficiency standards set forth above.

Taking these in order, the labeling program essentially coerces the states into adopting the federal standards set forth in the bill for identifying and reporting the energy efficiency of each structure, whether residential or commercial. Essentially this means that Uncle Sam will get all the information it wants about your energy use in the home by strong-arming the states into gathering it for them.

That’s bad enough, but it’s the amendment to Section 304 of the Energy Conservation and Production Act that really inserts the feds into your life. That’s where the efficiency mandates are laid out in Congress’ attempt to create a national building code:

(c) State Adoption of Energy Efficiency Building Codes-

‘(1) REQUIREMENT- Not later than 1 year after a national energy efficiency building code for residential or commercial buildings is established or revised under subsection (b), each State–

‘(A) shall–

‘(i) review and update the provisions of its building code regarding energy efficiency to meet or exceed the target met in the new national code, to achieve equivalent or greater energy savings;

‘(ii) document, where local governments establish building codes, that local governments representing not less than 80 percent of the State’s urban population have adopted the new national code, or have adopted local codes that meet or exceed the target met in the new national code to achieve equivalent or greater energy savings; or

‘(iii) adopt the new national code; and

‘(B) shall provide a certification to the Secretary demonstrating that energy efficiency building code provisions that apply throughout the State meet or exceed the target met by the new national code, to achieve equivalent or greater energy savings.

If states or localities fail to adopt measures implementing or exceeding the efficiency standards promulgated under this bill, then the federal standards simply become the law of that land:

(d) Application of National Code to State and Local Jurisdictions-

‘(1) IN GENERAL- Upon the expiration of 1 year after a national energy efficiency building code is established under subsection (b), in any jurisdiction where the State has not had a certification relating to that code accepted by the Secretary under subsection (c)(2)(B), and the local government has not had a certification relating to that code accepted by the Secretary under subsection (e)(6)(B), the national code shall become the applicable energy efficiency building code for such jurisdiction.

This is a massive arrogation of power to the federal government, and an intolerable invasion of individual property rights. In order to avoid a fairly blatant exercise of unconstitutional authority, the bill essentially denies federal funds to states that do not comply. However, it also leaves wide open just how compliance will be enforced:

‘(f) Federal Enforcement- Where a State fails and local governments in that State also fail to enforce the applicable State or national energy efficiency building codes, the Secretary shall enforce such codes, as follows:

‘(1) The Secretary shall establish, by rule, within 2 years after the date of enactment of the American Clean Energy and Security Act of 2009, an energy efficiency building code enforcement capability.

‘(2) Such enforcement capability shall be designed to achieve 90 percent compliance with such code in any State within 1 year after the date of the Secretary’s determination that such State is out of compliance with this section.

‘(3) The Secretary may set and collect reasonable inspection fees to cover the costs of inspections required for such enforcement. Revenue from fees collected shall be available to the Secretary to carry out the requirements of this section upon appropriation.

‘(g) Enforcement Procedures- (1) The Secretary shall assess a civil penalty for violations of this section, pursuant to subsection (d)(3), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act (42 U.S.C. 6303). The United States district courts shall also have jurisdiction to restrain any violation of this section or rules adopted thereunder, in accordance with the procedures described in section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304).‘(2) Each day of unlawful occupancy shall be considered a separate violation.‘(3) In the event a building constructed out of compliance with the applicable code has been conveyed by a knowing builder or knowing seller to an unknowing purchaser, the builder or seller shall be the violator. The Secretary shall propose and, not later than three years after the date of enactment of the American Clean Energy and Security Act of 2009, shall determine and adopt by rule what shall constitute violations of the energy efficiency building codes to be enforced pursuant to this section, and the penalties that shall apply to violators. To the extent that the Secretary determines that the authority to adopt and impose such violations and penalties by rule requires further statutory authority, the Secretary shall report such determination to Congress as soon as such determination is made, but not later than one year after the enactment of the American Clean Energy and Security Act of 2009.

Subsection g above appears to empower the Secretary to assess civil penalties against individuals for noncompliance. I say “appears” because the italicized portion does not actually show up when you view the bill, only when you cut and paste it as I’ve done here (I never considered the idea that “transparency” in law-making meant “making the law transparent”). Of course, even without that italicized section, it’s pretty easy to see where this is going. If your home isn’t as efficient as the federal government wants it to be, then you will probably be facing some sort of civil penalty. How that could possibly be constitutional I have no idea.

In addition to the outrageous invasion of our homes represented by this bill, the mandates set forth are sure to drive up the costs of new homes in ways that will probably make them unaffordable for a great many people. For example, I would guess that if homes are to be 30% more efficient in just a few years, then they will likely be roughly 30% more expensive. It may be less, it may be more, but either way those prices are going up. That’s not exactly the best prescription for an ailing home market.

The bottom line of all this is that you had better be sure to tidy up your home because the federal government is coming to stay awhile and it’s bringing an awful lot of demands with it. It’s going to make having your mother-in-law over for a spell seem like a Bahamian resort vacation.

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