Citizen Tom

Lawyers are wordsmiths.  Lawyers may know little about science, art, or theology, but the legal profession requires that lawyers understand the logic of words. That perhaps explains the latest piece of chicanery now working its way through Congress.

Earlier this week came news of the decision by the power-hungry Environmental Protection Agency that carbon dioxide, which all animals and people exhale with every breath, amounts to an “endangerment” of human health. Now comes Rep. James Oberstar, Minnesota Democrat and chairman of the House Transportation and Infrastructure Committee, to try to match a Senate committee that already advanced a bill to radically expand the scope of federal water regulations. Last week, Mr. Oberstar’s staff repeated his determination to do likewise by year’s end, with a bill misnamed the Clean Water Restoration Act (CWRA).

The Senate version of the legislation looks deceptively like a minor change. As confirmed in several recent U.S. Supreme Court cases, federal regulatory authority currently extends only to waters that are navigable or perhaps directly connected to navigable waters. The Senate bill would remove the word “navigable.” The significance of the dropped word is that any backyard fish pond or birdbath, any swimming pool or even a piece of low ground that is prone to forming puddles after rains, could be subject to the dictates of bureaucrats at the EPA and the Army Corps of Engineers. (from EDITORIAL: Leave our fish ponds alone)

Just how big a power grab is this?   Imagine you live in an area with a rare mosquito.  One week you forget to drain your birdbath.  Moreover, you have also forgotten to remove the leaves from the gutters that wrap around the edge of your roof.   Making his rounds and inspecting your property, your friendly, local neighborhood EPA rep is trained to notice such things.  In fact, he observes that you have a fine crop of wigglers in both your birdbath and in your gutters.  Smiling joyfully, he then introduces you to the new joys home ownership.  He begins by congratulating you on your contribution to the environment.  Then he politely issues a warning.   Leave the precious wigglers alone.  Under the penalty of law, you must leave both your birdbath and your gutters alone. 

Because Humans are not an endangered species, this holy and anointed agent of the EPA will undoubtedly have less concern for you and your family than the endangered mosquitos.  So if these mosquitos bite and carry disease, you can count upon him not to adjust his priorities.  Instead, to ensure the survival of the mosquitos, he may suggest that you bare your flesh. 

Our president and the Democratic majority in Congress have a mission.   They are out to save the world.  All that matters is what the Supreme Court says is legal.  Moreover, they are not greatly concerned about the Court.  What the Supreme Court says is legal they can predetermine by selecting the “right” judges.

Fortunately, some people understand just how precious water can be.  In our nation, these folks reside primarily in the western states.  There will be a fight.

In a letter sent to Senate Majority Leader Harry Reid, D-Nev., and House Speaker Nancy Pelosi, D-Calif., members of the House and Senate Western Caucuses cited concerns over job loss and regulatory overreach in expressing their strong objections to the Clean Water Restoration Act (CWRA) (S. 787).

The letter, signed by 11 Western senators and 17 Western House members, stated, “In the West … where the frontier spirit of smaller government and individual liberty are still sacred traditions, there is overwhelming objection to this bill. We strongly object to any attempt to move this legislation, either as a stand alone bill or as an attachment to a bill, in the Senate or House of Representatives. More specifically, we cannot imagine any bill so important that we could support it with the Clean Water Restoration Act attached.” (continued in Western lawmakers oppose CWRA)

Nonetheless, consider the boldness of this grab for power.  Where in the Constitution did we give Congress this kind of power?  Do they care? 

Our elected officials swear to uphold and defend the Constitution.  Yet they seem indifferent to that oath.  When did we start allowing such to represent us?  Why?  If we have forgotten the importance of honesty, that should concern us most of all.

Here is another example of why elections matter — why good citizens cannot choose to sit on their hands.

The Obama administration today cleared away the last legal obstacle to regulation of greenhouse gas emissions by the Environmental Protection Agency by issuing a formal declaration that they pose a threat to human health and the environment.

The gases, which include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride, are emitted by the tailpipes of motor vehicles, coal-burning power plants and a wide variety of other industrial facilities.

The U.S. Supreme Court ruled in 2007 that EPA is obligated under the federal Clean Air Act to classify carbon dioxide as a potentially dangerous air pollutant. Carbon dioxide is the most common of several greenhouse gases that are contributing to the warming of Earth’s atmosphere.  (continued here)

Carbon dioxide is not a toxin.  We exhale the stuff.  Carbon dioxide pervades our world.   Methane we fart (see here). What is at issue is whether or not we can burn enough coal and oil to affect the world’s climate.  Nobody knows the answer.  The science is not settled.  In fact, politics has corrupted the science, and our biased corporate news media refuses to talk about it.  See THE STRANGE BUSINESS OF “CLIMATEGATE”.

Even if we have a right to be concerned about carbon dioxide, we do not need the EPA to regulate it as a toxin.  If burning fossil fuels is a problem, we can tax it, and people will naturally look for alternatives.  No new government agency or special powers are required.   Unfortunately, ambitious busybodies see global warming as an excuse to run every detail of our lives.  On every front, the environment, health care, education, welfare, …these people lust for and grab for power.  For the sake of raw power and inflated egos, these people will wreak havoc upon our economy and make us their serfs.

Frankly, I would rather go down fighting.

It is in vain, sir, to extenuate the matter. Gentlemen may cry, “Peace! Peace!” — but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty, or give me death!   — Patrick Henry (from here)

Because news stories can proceed rather strangely from dubious “facts,” it is often better to set back and watch awhile before offering an opinion.  Since the emails related to ClimateGate were stolen, I reserved judgement – waiting for confirmation.   However, at this point I have also begun wondering how long I will have to wait.  For example, what is the news story at the top of the Google stack for “climategate“?  This story is Data-leak lessons learned from the ‘Climategate’ hack.  This author’s main concern is computer security.  Supposedly, the researchers were considering destroying their data rather than respond to a legal FOIA request, but they never really did.  That is, we are suppose to take comfort from the lack of confirmation in the emails.   

Unfortunately, we do have confirmation, Britain’s Climate Research Unit to release data in wake of Climategate.  Here is how the article begins.

In an about face brought about as a result of more than a thousand leaked emails last week, Britain’s Climate Research Unit (CRU) announced it would make its data publically available, something which it had refused to do previously. The unit however has admitted that it did not have access to much of the raw data required to reconstruct climate records because it had been deleted.

Oops!  We have emails indicating the intention to delete data, and that data is gone.  Nothing suspicious there. 

Scientists are just like anyone else.  Scientists can be tempted by fame and fortune.  That is why proper peer review is so important.  When we know a disinterested party is looking over our shoulder, we tend to be more honest.  When the issue of Global Warming has become highly politicized, proper peer review is critical, but here we have good reason to suspect that process has been corrupted.

Other Views

Some Virginia blogs regard ClimateGate as a smoking gun, proof of scientific dishonesty.

From On High, The right-wing liberal, YankeePhil, SkepticalObservor, The Contemporary Conservative, SWAC Girl, Old Virginia Blog, Virginia Virtucon, novatownhall blog, The Journey, The Roanoke Slant, ShaunKenney.com, Bacon’s Rebellion, and Tidewater Liberty  have run posts, some quite scathing, starting November 20. 

Liberal bloggers have largely ignored the issue.  Only Blue Virginia has actully mentioned the affair by name,  Overhyped Nonsense by “Powerhouse” Panelists: Yes, It’s “This Week” Time Again!  However, X Curmudgeon offered this ”timely” post, Manufacturing Doubt on Global Climate Change. 

How has America’s corporate news media reacted?  Virginia Virtucon offered up this post on the 24th,  American MSM’s split decision on ClimateGate.   The Virginian produced something similiar, Climategate: MSM Writers Try to Ignore Scandal in Global Warming Stories But Readers Bring Them Back to Reality and Why the MSM Cannot Possibly Report on ClimateGate.  So has SWAC Girl, MSM ignoring Climate-Gate?  According to Tidewater Liberty, the Brits are covering the affair, Beating Trees into Hockey Sticks.

Here is the email I sent Senator Jim Webb today.

Subject:  Senator Reid’s 2074-Page Monstrosity

Dear Senator Webb

I write to ask you once again to vote against proposals that would lead to a government takeover of health care.  In particular, I want you to vote against Senator Reid’s Health Care Bill.  The bill is a 2074-page monstrosity.  We do not need such nonsense.

I would also like to thank you for responding to my previous email.  I appreciate the time you and your staff took to respond.  I also enjoyed reviewing your new website (http://www.webb.senate.gov/).

I listened to your video.  I just had one disappointment with the video.  You want to use the full faith and credit of the US Government to back loans for nuclear power plants.  Please strike such nonsense from your bill.

Is it government’s place to solve all our problems?  Don’t our leaders have enough to do protecting our rights?  Doesn’t increasing the government’s mission, size, and complexity beyond any commonsense always create unanticipated problems?

What do either Senator Reid or your congressional colleagues know about energy production or heath care?  What qualifies you and your colleagues to build a power plant or to choose either my insurance plan or the insurance plan of any other citizen?  When existing government health care programs are going broke, is that not a good clue of congressional overreaching?

When Congress gets into the business of running the economy, its members do not have a prayer of maintaining any objectivity.  Then, instead of regulating our economy so that people do not step on each others rights, Congress just becomes the biggest part of the problem.

You and your congressional colleagues are breaking us.  We cannot afford Congress spending any more of our money on costly white, unconstitutional elephants.

Please check out US National Debt Clock.  Congress cannot keep using the People’s money to buy our votes.  Let me reiterate.  We are going broke.  Please stop spending more money than we have.  Please stop assuming more unfunded liabilities.

Today’s Prince William Extra has an interesting piece on two proposed asphalt plants, “Bristow Residents Mobilize Against Asphalt Plants” (Note that the article was not yet on-line when this post went up.).  The county’s planning commission approved these two plants for construction in the Bristow area on locations near Hornbaker Road, but the Prince William Board of County Supervisors (BOCS) has yet to consider the issue.

The PW Extra article begins breathlessly enough.  We hear about a worried mother and her two small children with asthma.  Nonetheless, by the time we reach the end of the article, we have to wonder what the fuss is about.  Although an asphalt plant sounds like an awful thing to have for a neighbor, the emissions from the plants would actually amount to very little.    A more likely problem would be the expected large volume of truck traffic.  Yet that problem may be unavoidable.  Since the land is already zoned for heavy industrial use, the land is already effectively zoned for a large amount of truck traffic.

So what is the rationale for opposing the two plants?  The article mentions this website, www.bristowopposition.com.   Based upon the material on this site, the only logical conclusion is to not build the asphalt plants.  In fact, given the content of www.bristowopposition.com, we should not have any asphalt plants at all.   Instead, we should be demanding that one of the companies mentioned in the PW Extra article shut down its plant in the Manassas Park area.  Otherwise the plant will poison everyone anywhere near it.

On one page (here), www.bristowopposition.com states the following:

Please don’t be mislead by EPA standards. There are no safe limits for poisons!

The fact is that asphalt is made from naturally occurring product (see here and here).  We make our roads with asphalt, and we waterproof the roofs of our houses with it.  People have been using asphalt for centuries.  So it is a little late to be getting in a panic over asphalt.

Of course, nobody should try breathing concentrated fumes off of hot asphalt.  That will make you sick.  Your lungs need relatively clean air, and the fumes off hot asphalt do not qualify as clean air.  Just the same, there is no such thing as perfectly clean air.  So nature has adapted our bodies to deal with minor imperfections.  There are safe limits.  To say otherwise about such a common product as asphalt is rank hysteria.  Don’t people work with asphalt every day?  Are these people all keeling over and dying from asphalt poisoning?

So what is the alternative?  None of us want to live near a heavy industrial area.  That is one reason why we have zoning laws.  We do not want to buy our house and then have a slaughter house open next door.  For similar reasons,  it is appropriate to insist that any new asphalt plant be built in a properly zoned area.  From all appearances, that is exactly what the companies building these proposed asphalt plants want to do; they want to build on appropriately zoned land.  So it appears that the Planning Commission fulfilled its obligations.  Nevertheless, their opposition is fierce.

GRR Land of Virginia, one of the two companies involved, wants to build its plant only a quarter mile from houses.  Moreover, it is seeking a waiver from a 1989 proffer that prohibits asphalt plants on their property.  So it is probably not too surprising that with all the publicity it has requested an “indefinite deferral” from the BOCS.

On the other hand, the other campany, Finley Asphalt and Sealing, wants to build a plant that is a mile from any housing or schools.  Is that far enough away?   If there are no safe limits for poisons, then the answer is no.  Unfortunately, if we take that attitude, we will soon have nothing to eat.  The trucks that bring our food to us will soon have no roads on which to drive.

Is the land appropriately zoned?  If not, why not?  What are we doing wrong?

What should worry us most about this situation is the total inability of our government to respond.  Instead, what is overriding is the Not In My BackYard (NIMBY) response we all have when something like this comes up.  It seems the only rules of this game is that there are no rules.  That is not good for our general prosperity.  Because we cannot get the politics right:

• Our cities sprawl.
• We cannot easily build new power plants.
• We are not building any new petroleum refineries.
• Heavy industry finds it more and more difficult to locate in the USA.
• Good jobs are going overseas.

Once one of the greatest advantages of the USA was the ease of doing business.  No one needed to bribed.  The laws were straightforward.  We provided the world’s finest transportation and communication infrastructure.  And best of all, we had a hard working and enthusiastic work force.  Instead of NIMBYs, we had people who wanted jobs.  Then we discovered pollution:  chemical, noise, visual, and whatever else might be generally unpleasant.

Slowly, but surely, we are making it more and more unprofitable to do business in the USA.  Unless we can get the politics right, we are well on our way to becoming a Third World banana republic.  Then our children will still suffer man-made pollution.  That is because even if we can still afford keep a roof over our heads and food on our tables we will still produce waste.  If nobody wants that waste anywhere near their backyard, what will we do with it?  How will we process it?  Is it possible we will just tie ourselves up in knots?  Let’s hope not.  Even human waste has to be put some place.

Other Views and News

Stop the Asphalt Plants is another website set up by opponents.

Corey Stewart announces his opposition here.

Delegate Bob Marshall announced his opposition in an op-ed (here).

InsideNoVA (here and here) and the Gainesville Times (here) provided earlier stories on this issue.

Fox 5 News (here) and WUSA9 (here) provided coverage in May.

The Cartoons