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Bush appoints fox to guard henhouse

Apparently, the fact that the senate would not confirm this person does not matter much. Democracy is a quaint concept in this august country!

Bush Recess Appointment Threatens Public Protections – Press Room – OMB Watch

2007—President George W. Bush today installed Susan Dudley as White House regulatory czar through a recess appointment. Dudley will now serve in the White House Office of Management and Budget as administrator of the Office of Information and Regulatory Affairs (OIRA).

OIRA is a powerful office responsible for reviewing and approving federal agencies’ most significant regulations. Installing Dudley threatens decades of public health and safety protections; doing so by recess appointment endangers our democratic process.

“Dudley’s record is one of anti-regulatory extremism,” said Rick Melberth, Director of Regulatory Policy at OMB Watch. “She has opposed some of our nation’s most basic environmental, workplace safety and public health protections.”

Dudley has falsely proclaimed ground-level ozone to be beneficial, opposed ergonomic standards to protect workers from repetitive stress disorders, and even suggested that airbags should never have been mandated in automobiles.

The kinds of rollbacks Dudley may push forward could render useless valuable federal laws that have saved countless American lives. OMB Watch and Public Citizen documented Dudley’s anti-regulatory views in a September 2006 report, The Cost Is Too High: How Susan Dudley Threatens Public Protections.

Dudley’s strong ties with the industries she will be regulating pose an obvious conflict of interest. For the three years before her nomination, Dudley directed the Regulatory Studies program at the Mercatus Center — an industry-funded, anti-regulatory think tank. It is likely that industry executives will have unprecedented access to Dudley, while concerned citizens will be increasingly shut out.

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  • Good Bye, Clean Water (Act)

    Judith Lewis of the LA Weekly summarizes the issues before the Supreme Court currently debating the Clean Water Act. Among the things she says:

    One state’s boon is another state’s disaster, and it doesn’t much matter whether that state is red or blue: If you’ve seen what happens when your swamps disappear, as they have in Florida, you know why it’s important to protect them.

    In other words, each state is free to screw up its water and then realize too late that they need to protect their wetlands? This points to the insanity that underlies all Federal Environmental Regulation, they are based on the Federal Government’s authority to “Regulate Interstate Commerce” under the Commerce clause of the Constitution. Since Environmental Protection is not mentioned in the Constitution (did they even have indoor plumbing of the non chamber pot variety?), it is considered a state subject unless it affects “commerce”. This can be interpreted either expansively to protect the environment, or Scalialisciously (thank you, the very wonderful Dahlia Lithwick, the only Supreme Court columnist to have her own fan page) to let any one build/dump wherever they please as long as they are not on the banks of the Mississippi! The CWA specifically empowers states to issue permits and it would seem that an successful challenge would really muddy the waters  🙁

    Reading Lithwick’s dispatch leaves me to believe that it’s going to be a close call. Justices Scalia and Roberts seem to be finely parsing language and displaying a contemptuous and obviously fake ignorance of watershed hydrology. Hopefully, the center (Kennedy) will hold, He is a “States Rights” kinda guy, though, which is scary. On the other hand, he likes European Law and Europe is the Queen of classic command and control environmental regulation. Help, I can’t stand the suspense, what do the Vegas lines say???! Here are some of the possible consequences of an unfavorable ruling –

    Under that topsy-turvy interpretation of the landmark 1972 law, more than half of all streams in the United States, as well as one-fifth of all wetlands, would no longer be protected, according to the federal Environmental Protection Agency. And waterways that provide drinking water for more than one in three Americans would be at risk. Nearly 150,000 miles of protected streams in California could be threatened.

    The federal government is arguing for the continuation of the CWA, which I guess is some relief, hope they want to win this one.

  • Coal-to-Liquid: Useless

    Liquid transportation fuels derived from coal and natural gas could help the United States reduce its dependence on petroleum. The fuels could be produced domestically or imported from fossil fuel-rich countries. The goal of this paper is to determine the life-cycle GHG emissions of coal- and natural gas-based Fischer−Tropsch (FT) liquids, as well as to compare production costs. The results show that the use of coal- or natural gas-based FT liquids will likely lead to significant increases in greenhouse gas (GHG) emissions compared to petroleum-based fuels. In a best-case scenario, coal- or natural gas-based FT-liquids have emissions only comparable to petroleum-based fuels. In addition, the economic advantages of gas-to-liquid (GTL) fuels are not obvious: there is a narrow range of petroleum and natural gas prices at which GTL fuels would be competitive with petroleum-based fuels. CTL fuels are generally cheaper than petroleum-based fuels. However, recent reports suggest there is uncertainty about the availability of economically viable coal resources in the United States. If the U.S. has a goal of increasing its energy security, and at the same time significantly reducing its GHG emissions, neither CTL nor GTL consumption seem a reasonable path to follow.

    Comparative Analysis of the Production Costs and Life-Cycle GHG Emissions of FT Liquid Fuels from Coal and Natural Gas.

    To summarize, no cost benefits, increased GHG emissions, a lot of uncertainty, let’s not follow this madness of trying to make coal into gasoline.

  • Arnold Schwarzenegger and Jodi Rell – Lead or Step Aside, EPA – washingtonpost.com

    The gubernator (and the Rellegator?? We need a nickname for her!) do not mince words in expressing their displeasure at the federal government putting roadblocks on state efforts to combat climate change.

    Arnold
    Schwarzenegger and Jodi Rell – Lead or Step Aside, EPA – washingtonpost.com

    It’s bad enough that the federal government has yet to take the threat of global warming seriously, but it borders on malfeasance for it to block the efforts of states such as California and Connecticut that are trying to protect the public’s health and welfare.

    California, Connecticut and 10 other states are poised to enact tailpipe emissions standards — tougher than existing federal requirements — that would cut greenhouse gas emissions from cars, light trucks and sport-utility vehicles by 392 million metric tons by the year 2020, the equivalent to taking 74 million of today’s cars off the road for an entire year.

    Yet for the past 16 months, the Environmental Protection Agency has refused to give us permission to do so.

    Even after the Supreme Court ruled in our favor last month, the federal government continues to stand in our way.

    Another discouraging sign came just last week, when President Bush issued an executive order to give federal agencies until the end of 2008 to continue studying the threat of greenhouse gas emissions and determine what can be done about them.

    To us, that again sounds like more of the same inaction and denial, and it is unconscionable.

    Well, the OP-ED says everything that needs to be said. The emperor pretends to forget that even market-based policies (the emperor’s preference) to mitigate climate change need rules, and rules for global warming, which is a global problem, are better off set at the global level. If we cannot get a worldwide agreement together, at least a country wide effort. The emperor has repeated over and over again that he will not pass any regulation in the recent future. So, at least the states are trying, see RGGI for the NorthEast and the West coast. Of course, the emperor is delaying, and denying all he can, yes, it is his responsibility, he is the decider, his administration does what he tells them to do, so there’s no sense in putting anything less than full responsibility on his shoulder.

    California, Connecticut and a host of like-minded states are proving that you can protect the environment and the economy simultaneously.

    It’s high time the federal government becomes our partner or gets out of the way.

    Well said, gubernator, and rellegator!

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    Feds punt on Bisphenol A

    By studiously ignoring all the subtle hormone disruption effects of bisphenol A and concentrating on easily observable neurological effects, the CERHR essentially does the industry’s bidding.

    Some risk linked to plastic chemical – Los Angeles Times

    A federal panel of scientists concluded Wednesday that an estrogen-like compound in plastic could be posing some risk to the brain development of babies and children.

    Bisphenol A, or BPA, is found in low levels in virtually every human body. A component of polycarbonate plastic, it can leach from baby bottles and other hard plastic beverage containers, food can linings and other consumer products.

    Culminating months of scientific debate, the decision by the 12 advisors of the Center for the Evaluation of Risks to Human Reproduction — part of the National Institutes of Health — is the first official, government action related to the chemical. Their recommendation will be reviewed for a federal report that could lead to regulations restricting one of the most used chemicals.

    The scientists ranked their concerns about BPA, concluding they had “some concern” about neurological and behavioral effects in fetuses, infants and children, but “minimal” or “negligible” concern about reproductive effects. The findings put the panel roughly in the middle — between the chemical industry, which has long said there is no evidence of danger to humans, and the environmental activists and scientists who say it is probably harming people.

    For a detailed look at how bisphenol research has been corrupted by industry sponsored “focused counter research” – where the goal is to show no effects and the experiment is tiled to ensure this goal, read this excellent article in the The Public Library of Science Biology Open Source Journal. Note, because it is Open Access, you can actually read it without selling a kidney! Some highlights…

    The moment we published something on bisphenol A, the chemical industry went out and hired a number of corporate laboratories to replicate our research. What was stunning about what they did,” vom Saal says with a mix of outrage and bemused disbelief, “was they hired people who had no idea how to do the work. Each of the members of these groups came to me and said, ‘We don’t know how to do this, will you teach us?’”

    More…

    The HCRA report, commissioned before Schwartz’s tenure, concluded that “the weight of the evidence for low-dose effects is very weak” [15]. Industry groups hailed the report as a comprehensive review by independent experts and quickly disseminated its findings. Yet the “comprehensive” report reviewed just 19 of 47 studies available in April 2002, and when it was published more than two years later, three panelists asked not to be listed as authors.

    What the hell, just read the whole article, especially the bit about the Harvard Center for Risk Analysis and its well documented industry shillness.

    The key to understanding bisphenol research is to realize that it is a hormone disruptor that works at low doses. At high doses, normal toxicological testing doses that is, it floods the hormone receptors and slows down the receptor pathways. So, the usual technique of testing in rats and mice at high doses and extrapolating will not work.

  • James Hansen disses the Tar Sands

    James Hansen: Obama’s Canada trip defines our critical carbon moment | Comment is free | guardian.co.uk

    The tar sands of Canada constitute one of our planet’s greatest threats. They are a double-barrelled threat. First, producing oil from tar sands emits two-to-three times the global warming pollution of conventional oil. But the process also diminishes one of the best carbon-reduction tools on the planet: Canada’s Boreal Forest.

    This forest plays a key role in the global carbon equation by serving as a major storehouse for terrestrial carbon – indeed, it is believed to store more carbon per hectare than any other ecosystem on Earth. When this pristine forest is strip mined for tar sands development, much of its stored carbon is lost. Canada’s Boreal Forest is also the reservoir for a large fraction of North America’s clean, fresh water, home to some five billion migratory birds, and some of largest remaining populations of caribou, moose, bear and wolves on the planet.

    Nothing more to say, except that he does a good job of connecting both the inefficiency of the extraction process, a carbon source, and the destruction of the boreal forest, the removal of a carbon sink. If carbon accounting was in place, the economics would not work. Harper knows this, hence all the aggressive PR to get ahead of the game.

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    PFOA emissions from Non stick cookware and Popcorn Bags

    Important research coming out of NY. See here for previous PFOA posts. Perfluorinated compounds are used in the manufacture of Teflon, and are bioaccumulative. The theory is that the salts left over in the manufacture (residuals) are offgassing during use, and exposing consumers to bioaccumulative compounds.

    Cast Iron, anyone!!

    Quantitation of Gas-Phase Perfluoroalkyl Surfactants and Fluorotelomer Alcohols Released from Nonstick Cookware and Microwave Popcorn Bags

    Fluoropolymer dispersions are used for coating certain cookware products and food-contact packaging to impart oil and water repellency. Since salts of perfluorooctanoic acid (PFOA) are used as a processing aid in the manufacture of many fluoropolymers, it is necessary to determine if these compounds are still present as residuals after the process used to coat nonstick cookware or packaging, and could be released during typical cooking conditions. In this study, we identified and measured perfluoroalkyl carboxylates (PFCAs), particularly PFOA, and fluorotelomer alcohols (FTOHs; 6:2 FTOH and 8:2 FTOH), released from nonstick cookware into the gas phase under normal cooking temperatures (179 to 233 C surface temperature). PFOA was released into the gas phase at 7-337 ng (11-503 pg/cm2) per pan from four brands of nonstick frying pans. 6:2 FTOH and 8:2 FTOH were found in the gas phase of four brands of frying pans, and the sources of FTOHs released from nonstick cookware are under investigation. We observed a significant decrease in gas-phase PFOA following repeated use of one brand of pan, whereas the other brand did not show a significant reduction in PFOA release following multiple uses. PFOA was found at >5 ng during the fourth use of both brands of pans. FTOHs were not found after the second use of either brand of pans. PFOA was found at 5-34 ng in the vapors produced from a prepacked microwave popcorn bag. PFOA was not found in the vapors produced from plain white corn kernels popped in a polypropylene container. 6:2 FTOH and 8:2 FTOH were measured in the vapors produced from one brand of prepacked microwave popcorn at 223 ± 37 ng and 258 ± 36 ng per bag, respectively, but not measured at >20 ng (LOQ) in the other two brands. On the packaging surface of one brand of microwave popcorn several PFCAs, including C5-C12, 6:2 FTOH, and 8:2 FTOH, were found at concentrations in the order of 0.5-6.0 ng/cm2. This study suggests that residual PFOA is not completely removed during the fabrication process of the nonstick coating for cookware. They remain as residuals on the surface and may be off-gassed when heated at normal cooking temperatures.

    More later.