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Power to Build Border Fence Is Above U.S. Law

Banana Republic Alert…

Securing the nation’s borders is so important, Congress says, that Michael Chertoff, the homeland security secretary, must have the power to ignore any laws that stand in the way of building a border fence. Any laws at all.

Last week, Mr. Chertoff issued waivers suspending more than 30 laws he said could interfere with “the expeditious construction of barriers” in Arizona, California, New Mexico and Texas. The list included laws protecting the environment, endangered species, migratory birds, the bald eagle, antiquities, farms, deserts, forests, Native American graves and religious freedom.

Power to Build Border Fence Is Above U.S. Law – New York Times

I don’t know what to say, rule of law, so quaint, so pre 9/11…

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  • Industry flacks to write new EPA rules

    Now if I were a journalist, that is the tag line I would use, not the lame byline used in this article. Greater is always good, right!

    Greater Role for Nonscientists in E.P.A. Pollution Decisions – New York Times

    The Environmental Protection Agency has changed the way it sets standards to control dangerous air pollutants like lead, ozone and tiny particles of soot, enhancing the role of the agency’s political appointees in scientific assessments and postponing the required review by independent scientific experts.

    Now let’s see which famous “Industry advocacy group” may be behind this one…

    The change, which largely tracks the suggestions of the American Petroleum Institute but also adopts some recommendations of the agency’s independent scientific advisers, was announced yesterday afternoon by the agency’s deputy administrator, Marcus Peacock. Mr. Peacock said it would streamline a cumbersome process and bring it “into the 21st century.”

    Ah, the 21st century, where scientists know nothing and it is best for groups that will gain most from a weakening of legislation actually write the rules. This way, there’s no pesky “scientist” using “knowledge” to shape policy, only rules written for the short term gain of a few.

    It gets worse

    For one thing, agency scientists will no longer produce their own independent review of the latest science to start the process of deciding whether a pollution standard — for lead, say, or ozone — is tough enough to protect public health. Instead, initial reviews will now involve both agency scientists and their political bosses and will produce a synopsis of “policy-relevant” science, agency officials said.

    “They are using this idea of streamlined and expedited decision-making as a Trojan horse to infect the most important decisions the administrator makes with politics,” Ms. Patton said.

    In addition, she said, the role of the independent panel of scientific advisers — who act as auditors, reviewing the document produced by agency scientists and advising top management — has been diminished. The panel, the Clean Air Scientific Advisory Committee, will now comment on the agency’s proposed actions after the public has been notified of them, giving the scientists essentially the same kind of participation as industry lobbyists and environmental groups.

    (Emphasis mine). And they wonder why morale at the EPA is low. There are hordes of good (not great, but good!) scientists at the EPA who spend all their lives working on each of their scientific niches, and to take away any decision making or policy input from them is dehumanizing their work. Wonder why the EPA has a lot of trouble attracting talent.

  • |

    The U.S Emperor's new edict on regulation

    Wow, plutocracy-protectionary principle alert.

    Chemical & Engineering News: Latest News – Changing The Rules On Regulations

    A new directive from President George W. Bush to federal agencies adds layers of bureaucracy to the process of issuing regulations and gives the White House greater control over agencies’ rules. Critics say the directive, issued Jan. 18, will slow down regulation. They say it also shifts regulatory priorities, which were set by Congress in federal laws, away from protection of health and environment to economic rationales. Some industry groups, including the U.S. Chamber of Commerce, praise the directive. “It’s the first truly significant attempt by an Administration to hold federal bureaucrats to account and insist they act with discretion when imposing new and expensive burdens on businesses and consumers,” says William Kovacs, the chamber’s vice president of environment, energy, and regulatory affairs. Under the new directive, agencies can regulate only when they can demonstrate to the White House Office of Management & Budget (OMB) that the free market is not producing the desired results of the rule, such as health protection. To show that a new rule is warranted, agencies must identify what economists call “market failures”—such as when an industrial sector with unfettered pollution sells its products more cheaply than it would have had it included the cost of pollution control into the price of its goods.

    Sounds reasonable, does it not! All the good buzzwords thrown in there, “Cost-Benefit Analysis”, “Market Failure”, etc. But note that the burden of proof is on the regulating body to come up with a clearcut “proof” before passing regulation.

    In addition, the directive requires each agency to have a presidentially appointed “regulatory policy officer.” The agency cannot begin work on a new rule—even one required by Congress through a law—until it gets a green light from its regulatory policy officer or unless the head of the agency gives approval.

    The Emperor gets to appoint a viceroy to police the agency to ensure that no such regulation will get passed.

    Note the modus operandi:

    1. Appoint lackey to head agency
    2. Appoint viceroy to oversee regulation
    3. Rewrite rules to increase power of executive over legislative
    4. Shift burden of proof away from the regulated to the regulators
    5. Slash budgets so regulating agencies cannot do the work adequately
    6. Hound competent employees out of the agency
    7. Routinely bash said agency as an example of “big government”. Repeat steps 4-7 as often as necessary to ensure “success”

    Banana republic, indeed.

  • |

    Conventional biofuels are evil, part 4233241

    English to American Translation:

    Rapeseed = Canola.
    Maize = Corn.

    Turns out that all the nitrate fertilizer you use to grow all the corn and canola you need emits a lot of Nitrous Oxide. No laughing matter, this, N2O is an incredibly powerful greenhouse gas.

    Rapeseed biofuel ‘produces more greenhouse gas than oil or petrol’ – Times Online: “Measurements of emissions from the burning of biofuels derived from rapeseed and maize have been found to produce more greenhouse gas emissions than they save.

    Other biofuels, especially those likely to see greater use over the next decade, performed better than fossil fuels but the study raises serious questions about some of the most commonly produced varieties.

    Rapeseed and maize biodiesels were calculated to produce up to 70 per cent and 50 per cent more greenhouse gases respectively than fossil fuels. The concerns were raised over the levels of emissions of nitrous oxide, which is 296 times more powerful as a greenhouse gas than carbon dioxide”

  • |

    Eastern United States vulnerable to climate change

    http://www.eurekalert.org/pub_releases/2007-12/pu-sdn121007.php
    6157_rel.jpg
    Time to get out of the Eastern United States? A study to be published in the Proceedings of the National Academies of Science tries to quantify the relative risk of climate change using something called a “socioclimatic” risk factor. As always, the redder the worse. A look at the paper would no doubt be more illuminating, but for some reason, press releases about PNAS papers come out way before the papers actually become public. China is in bright red all the way, India in a rather bright orange. Where I live, the Eastern United States, is a nice beet red. No doubt, the unprecedented drought the South is experiencing right now is a nice big red signal.

    Interesting stuff, though the actual paper will tell the story. Any technique that tries to integrate all the complex scientific, social and economic variables of climate change into one number is bound to have a flaw or two. But such a metric is useful for estimating relative risk, as the authors themselves say.

    He added that the study does not address the absolute degree of impact or risk.

    “This study illustrates exposure of one nation relative to another,” Diffenbaugh said. “Thus, it is important to note that a country low on the relative scale could still face substantial risk.”

    Blogged with Flock

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  • 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.

  • Organic, Schmorganic, who cares!

    That’s what the USDA is saying, anyway.

    USDA may relax standards for organic foods – Los Angeles Times

    With the “USDA organic” seal stamped on its label, Anheuser-Busch calls its Wild Hop Lager “the perfect organic experience.” “In today’s world of artificial flavors, preservatives and factory farming, knowing what goes into what you eat and drink can just about drive you crazy,” the Wild Hop website says. “That’s why we have decided to go back to basics and do things the way they were meant to be … naturally.” But many beer drinkers may not know that Anheuser-Busch has the organic blessing from federal regulators even though Wild Hop Lager uses hops grown with chemical fertilizers and sprayed with pesticides. A deadline of midnight Friday to come up with a new list of nonorganic ingredients allowed in USDA-certified organic products passed without action from the U.S. Department of Agriculture, leaving uncertain whether some foods currently labeled “USDA organic” would continue to be produced.

    Whatever you think about the virtues of organic food, this amounts to dilution of the label, misleading labeling, almost amounting to adulteration favoring the big boys at Anheuser-Busch and General Mills, ADM, etc. Knowing fully well that the average consumer has no time to read every frigging label behind every food item, knowing that they would see the “organic” label and assume that the whole thing is organic.

    The USDA rules come with what appears to be an important consumer
    protection: Manufacturers can use nonorganic ingredients only if
    organic versions are not “commercially available.”

    But food makers have found a way around this barrier, in part because
    the USDA doesn’t enforce the rule directly. Instead, it depends on its
    certifying agents — 96 licensed organizations in the U.S. and overseas
    — to decide for themselves what it means for a product to be available
    in organic form.

    Despite years of discussion, the USDA has yet to provide certifiers with standardized guidelines for enforcing this rule.

    Ah, good old ill-defined “voluntary enforcement” mechanisms, we all know how that works!
    Why not have a second label “mostly organic”!! How about “I can’t believe this is organic!!”.

    I think “mostly organic” food is still better than conventional factory food, but it should be labeled as such so the consumer can understand why General Mills “organic cereal” is 2 bucks  less expensive than your average small organic manufacturer’s cereal. Absent honesty in labeling, the average customer is apt to assume that the factory approach is always superior because it produces the same goods at lower prices, instead of coming to the correct conclusion that the factory producers constantly rig the game to their benefit.