Posts Tagged ‘Environment’

Seton Motley

PR Fail: Former GM Exec Scrambles to Explain Away Chevy Volt Fire(s)

by Seton Motley

Bob Lutz is a good man.  A Swiss-born immigrant American success story.

He’s held big gigs at BMW and Ford.  He also worked way up the food chain at (now $85 billion bailed-out) Chrysler and General Motors (GM) – retiring as GM’s Vice Chairman in 2010.

And he has recently written a piece:

Chevy Volt And The Wrong-Headed Right

…in vociferous defense of the Chevy Volt.

You know, the more-than-$200,000 in government-subsidies-per-unit-sold Volt.

The overproduced, unprofitableunpopularcombustible Volt.  (And January 2011’s sales were no less disappointing.)

That Chevy Volt.

Are we on the Right wrong-headed?  Let’s take Mr. Lutz’s piece piecemeal and see.

(more…)

Seton Motley

Capitol Hill Chevy Volt Hearing: What About All the Other Fires?

by Seton Motley

I attended Wednesday’s 8:00am (8am?!?) House Oversight and Government Reform Committee hearing entitled:

Volt Vehicle Fire: What Did NHTSA Know And When Did They Know It?

The witnesses were killer:

National Highway Transportation Safety Administration (NHTSA), Barack Obama-appointee Administrator David Strickland.

And General Motors (GM), Barack Obama-appointee CEO Dan Akerson.

The scope of the hearing was a bit too narrow – leaving out some fairly important attending facts.  Like, say, the (at least) five other Chevy Volt fires that have occurred besides the one being discussed.

This hearing was all about a single June Volt blaze.  The battery burst into flames about three weeks after a test crash at and by the National Highway Transportation Safety Administration (NHTSA).

A fire about which Obama’s NHTSA did tell the Obama White House.

But a fire about which neither Obama’s NHTSA, the Obama Administration nor Obama’s GM told the American people for nearly six months – and then did so only when forced by a looming Bloomberg news story.

But:

The White House had no role in the decision to delay disclosure of a fire that broke out in a crash-tested Chevrolet Volt, the Obama administration told Congress on Friday.

Of COURSE not.

(more…)

Publius

Report: Obama Supporter Buffett to Profit from Rejection of Keystone XL Pipeline

by Publius

From Bloomberg Government:

Warren Buffett’s Burlington Northern Santa Fe LLC is among U.S. and Canadian railroads that stand to benefit from the Obama administration’s decision to reject TransCanada Corp.’s Keystone XL oil pipeline permit.

With modest expansion, railroads can handle all new oil produced in western Canada through 2030, according to an analysis of the Keystone proposal by the U.S. State Department.

“Whatever people bring to us, we’re ready to haul,” Krista York-Wooley, a spokeswoman for Burlington Northern, a unit of Buffett’s Omaha, Nebraska-based Berkshire Hathaway Inc., said in an interview. If Keystone XL “doesn’t happen, we’re here to haul.”

The State Department denied TransCanada a permit on Jan. 18, saying there was not enough time to study the proposal by Feb. 21, a deadline Congress imposed on President Barack Obama. Calgary-based TransCanada has said it intends to re-apply with a route that avoids an environmentally sensitive region of Nebraska, something the Obama administration encouraged.

The rail option, though costlier, would lessen the environmental impact, such as a loss of wetlands and agricultural productivity, compared to the pipeline, according to the State Department analysis. Greenhouse gas emissions, however, would be worse.

If completed, Keystone XL would deliver 700,000 barrels a day of crude from Alberta’s oil sands to refineries along the Gulf of Mexico, crossing 1,661 miles (2,673-kilometers) over Montana, South Dakota, Nebraska, Kansas, Oklahoma and Texas. (more…)

Seton Motley

For Help With Their Failed GM ‘Investment,’ Obama Administration Asked…Bain Capital

by Seton Motley

President Barack Obama is in full 2012 reelection mode.  Part of that process is preparing to possibly take on Mitt Romney – whom (it appears) he thinks has the strongest chance to be his Republican opponent.  Which he and many Democrats think is very good news.

Romney fits right into the Left’s absurd anti-capitalism, “robber baron,” Occupy Wall Street anti-1%-er, scorched earth storyline.

Romney is very wealthy, which for Obama and his Democrats is the height of eee-vill (except – these Donkeys are mostly rich…).  Never mind that Romney’s wealth is right in line with many past Presidents and candidates – including 2004 Democrat nominee John Kerry.  (The difference?  Romney earned it, Kerry married it.)

And as Romney recently told us, he these days pays the 15% capital gains tax rate – rather than the (absurdly) higher income tax rates those of us receiving salaries do.  Never mind that this is perfectly legal (and good fiscal policy, and “fair”) – it is culled right from the Leftist, Warren Buffett “I pay less in taxes than my secretary” fraudulent script.

—–

How did Romney make his coin?  Via the epitome of eeeee-villll free market entities – the venture capital firm.  His was, of course, Bain Capital.

Yes, Bain sometimes invests in failing companies.  Some of which they determine to be not worth saving, so down they go.  Welcome to Reality, Boys and Girls.

(more…)

Seton Motley

More Ridiculous Leftist Propaganda: The Chevy Volt Song… and Dance

by Seton Motley

What’s an absurd Leftist policy without an agitprop song to accompany the inanity?

The attempted spoonful-of-sugar to help force down the bad Progressive medicine they are pushing.

Which brings us to General Motors (GM) and one of the Leftist ideological windmills at which they tilt – the Chevy Volt.

We the Taxpayers have spent billions subsidizing the Volt.  And continue subsidizing it still.

We bailed out GM ($50 billion) and Chrysler to the tune of $83 billion.  On which the Obama Administration now admits we’ll lose (at least) $23.6 billion.  (President Obama once upon a time promised us we’d actually make money on the deal.)

We the Taxpayers are still stuck holding 500 million shares of GM stock – on which we are poised to lose tens of billions of dollars more.

But you know what makes all of this terrible-ness so much less worse?  GM spent some of our money on – the Chevy Volt official song and music video:


Don’t you feel better?

(more…)

Seton Motley

Obama’s Former Auto Bailout Czar Is Rewriting History

by Seton Motley

What’s a Barack Obama Administration multi-billion dollar boondoggle without a Czar to oversee it?

For the automobile industry bailout, the Lord Overseer was Car Czar Steven Rattner.

This is the same Steven Rattner who late last year reportedly paid a $6.2 million Securities and Exchange Commission (SEC) fine and accepted a two-year ban from associating with broker-dealers or investment advisers.  For an alleged “pay-to-play” New York state pension fund kickbacks scheme he orchestrated after leaving Washington and his Czar-ship.

DC-Wall Street nexis, anyone?  Crony Socialism, anyone?

His current gig – besides being a (shocker) MSNBC Morning Joe “Economic Analyst”?  Managing New York Mayor – and 1%-er billionaire – Michael Bloomberg’s personal and philanthropic assets.

DC-Wall Street nexis, anyone?  Crony Socialism, anyone?

(more…)

Seton Motley

Obama’s Continuing ‘Green’ Energy Agenda Subsidizes GM Wastefulness

by Seton Motley

The Barack Obama Administration has been absolutely atrocious in signing off on terrible legislation and policy prescriptions.

ObamaCare.  The $878 billion alleged “stimulus.” The $30 billion bump (to $50 billion) of the General Motors bailout.  Cash for Clunkers.  Cash for Caulkers.  Dodd-Frank.  Lilly Ledbetter.  And on, and on, and on…

Then there’s the stuff the Obama Administration tried–and failed–to rush through the Donkey Congress (2009-2011).  But because these things were also so heinous and because the Administration and Congressional Democrats had already reached their Heinous Maximus quotient, they were unable to pile them on We the People. There was Cap and Trade.  And Card Check.  And Net Neutrality.  And…

Being stopped in Congress didn’t stop the Administration.  It didn’t even slow them down.  As President Obama said, there’s more than one way to skin these cats. These ways aren’t Constitutional.  They are, in fact, dictatorial.  But this from all appearances doesn’t bother Obama a whit. He is using his every Department, Commission, Agency and Board to jam through these terrible ideas–and more–via executive branch regulatory fiat. All of this goes a very long way towards explaining why we remain mired in plus-9% unemployment and less-than-1% economic growth.

(more…)

Seton Motley

Solyndra, General Motors, ‘Digital Promise,’…The Myth–and the Farce–of Government ‘Investment’

by Seton Motley

We have spoken often of this last four years being the Third Age of Bailout.

Where we have seen trillions of dollars of our coin shoveled out of D.C. in innumerable terrible directions.

  • $1.09 trillion, 29% increase in annual federal spending in just the last four years – from $2.73 trillion per annum to $3.82 trillion per annum – mostly directed in social justice, bailout fashion.
  • $700 billion in Troubled Asset Relief Program (TARP) coin.
  • $867 billion in alleged “stimulus” to create “or save” gigs.
  • Cash for Clunkers.
  • Cash for Caulkers.
  • ObamaCare, with its untold trillions in costs, is a bailout just as much as – and bigger than – all those listed above.
  • And on, and on, and….

Behold the Third Age of Bailout.  Where almost none of the things that were supposed to happen as a result of this cash avalanche – actually happened.

We were told the Age of Bailout would keep unemployment below 8%.  Instead, it soared above 10% – and has remained consistently ensconced around 9% ever since.

We are breaking records for the number of people on food stamps and living in poverty.

So have we learned anything with which to move forward?  The Barack Obama Administration obviously has not.

We have President Obama’s “jobs” bill and “deficit reduction” proposal, which are of the exact same sort of absurd, class warfare, social justice bailout pabulum to which we have been devastatingly subjected  these last four years.

(more…)

Rusty Weiss

Solyndra Not the Only Company to Benefit from Democrat Ties

by Rusty Weiss

The California solar company, Solyndra, heralded by the Obama administration as a prime example of how the Recovery Act created new jobs while promoting his vision of renewable energy, is closing their doors. Just over a year ago, Obama himself spoke at the facility, praising it as “a testament to American ingenuity and dynamism.” Once a beacon of solar light in the progressive green jobs agenda, Solyndra had received a $535 million federal loan with the help of newly minted energy secretary, Steven Chu, only to find themselves staring down bankruptcy and the release of more than 1,100 workers.

Lying within that massive federal loan was a number of sub-awards to other vendors, 40 payments of which were greater than $25,000 each. The largest sub-award went to another administration favorite, CH2M Hill, to the tune of $9.6 million for their construction engineering services. The company is a $6.3 billion consulting, engineering, and construction firm, and shares some similarities to the failed Solyndra. In fact, CH2M used the nearly $10 million sub-award to design Solyndra’s solar manufacturing plant in Fremont, California. Besides that amount, CH2M is also a major beneficiary of the stimulus, having been awarded four of the top ten contracts from stimulus funding last summer – to the tune of $1.2 billion. As of this April, the company boasts of $1.6 billion in contracts from the Recovery Act.

Perhaps even more apparent is another similarity to the Solyndra company – CH2M Hill’s decline in employment. Reports of layoffs at CH2M began in January when KEPR-TV announced that 1,350 layoffs were coming in September due to the end of stimulus funding. The company recently organized a job fair for those affected by these layoffs, and an additional 1,000 layoffs at the contractor’s Hanford reservation. The job fair comes exactly one year after it was revealed that the company was inflating jobs reports by using a metric known as ‘lives touched’.

How did companies such as Solyndra and CH2M Hill become such lucky recipients of taxpayer money through the stimulus?

(more…)

Jeff Dunetz

Climate Change Hoaxers Add to the Official ‘Stupid Things Used to Fear Monger About Global Warming’ List

by Jeff Dunetz

Once again, its time to add to the official “Stupid Things Used To Fear Monger About Global Warming” list. Recently, global warming moonbats have blamed each of  the following “calamities” on global warming, climate change,  or whatever they have decided to call it these days:

Incredible shrinking sheep, Invasion of jellyfish in the Mediterranean, Surge in fatal shark attack, Boy Scout tornado deaths, Global conflict, Beer tasting different, Suicide of farmers in Australia, Bigger tuna fish, longer days, shorter days, Collapse of gingerbread houses in Sweden, Cow infertility, UFO sightings in the UK, Rise in insurance premiums, Heroin addiction, Frigid Cold Winters in Great Britain, Cancer, Death from heart disease, diabetes, stroke, respiratory disease and even accidents, homicide, suicide, water -borne disease outbreaks, heavier, wetter snowstorms treacherous for travel and ambulation, Lyme disease, swarms of allergy-inducing, stinging insects, along with mosquitoes and devastating pine bark beetle infestations and the spread of forest and crop pests, 40,000 dead crabs , unrest in the Middle East. screwed-up love making, the Japanese earthquake-tsunami, horrible rash of tornadoes in southeast United States,The Arab Spring, extended severe allergy seasons, Lyme disease, malaria or dengue fever, trauma, depression, high blood pressure and heart disease

The latest recipient of the merit award for excellence in climate fear mongering is Chris Huhne, the British Climate Change Secretary. This week, Huhne is speaking before a group of national defense experts and telling them that climate change may cause an increased threat of wars, violence and military action against the UK, and risks reversing the progress of civilization. Wow that sounds like wrath of God-type stuff!

(more…)

Jeff Dunetz

NASA Gets Caught Faking Climate Change Data-AGAIN!

by Jeff Dunetz

One of the big threats from the global warming moonbat types is that a rise in temperature will melt the polar ice caps causing the oceans to rise, with the cataclysmic result of skyscrapers being under water.  Let’s face it, if you think that the commute into Manhattan is bad now….just wait.

There is only one problem with this scenario,  Mother Nature isn’t being cooperative.  You see it is true that sea level has risen during the 20th century and probably well before that.  Scientists estimate that sea level has increased by 7 inches during the 2oth century.

The climate change hoaxers use computer models to predict that sea levels would rise anywhere from 15 inches to 2o feet because of global warming in the 21st century (the consensus number is closer to 3 feet).

But Mother Nature was never good at computer science.  Satellite data proved that the first decade of the 21st century sea level grew by only 0.83 inches (a pace of just 8 inches for the entire century). What’s even worse (for the global warming hoaxers) there has been no rise since 2006.  Now I know that some Democrats believe that Obama is a miracle worker, but even the the crazies at the Daily Kos would admit that controlling sea level is way above his pay grade. So the scientists at the University of Colorado’s NASA-funded Sea Level Research Group did what any other self-respecting cult members would do, they fudged the numbers.  They simply added .3 millimeters per year to its Global Mean Sea Level Time Series. That way they could report that the sea level rise was accelerating, instead of  what was actually happening–decelerating.

(more…)

The New Ledger

Obama’s Lack of Solutions on Gas Prices

by The New Ledger

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Download Podcast | iTunes | Podcast Feed

On today’s edition of Coffee and Markets, we’ll discuss what’s driving gas prices and other environmental issues with James Taylor of the Heartland Institute.

We’re brought to you as always by BigGovernment and Stephen Clouse and Associates. If you’d like to email us, you can do so at coffee[at]newledger.com. We hope you enjoy the show.

Related Links:

James Taylor at Forbes
Bloomberg: Consumer Comfort Declines as Gas Prices Rise
WSJ: In Washington, Oil CEOs on the Hot Seat
Environment and Climate News
(more…)

James M. Simpson

Agenda 21 Part III: Maryland County Abolishes Agenda 21 – Now it’s Your Turn

by James M. Simpson

The November elections marked a sea change in the political landscape at every level of government nationwide. Right now, all eyes are focused on the Wisconsin standoff between Governor Scott Walker and the public employee unions. But under the radar, completely overlooked by the mass media, is the unprecedented move recently taken by newly-elected Carroll County, Maryland Commissioners Richard Rothschild, Robin FrazierHaven Shoemaker, Dave Roush and Doug Howard, who abolished the County’s Office of Sustainability. They then voted unanimously to drop out of the UN’s International Council for Local Environmental Initiatives (ICLEI). They are the first governmental organization to do so.

For those unfamiliar with the sustainable development agenda, this might not seem like much, but it is huge. If you have been following my recent series on the subject, you will know that local Sustainability offices, under the auspices of the ICLEI’s Local Governments for Sustainability, are the tiny, visible tip of the monstrous Agenda 21 sustainable development iceberg, the ultimate goal of which is to transform American society from the bottom up into a socialist ward of UN global governance. As of today, there are approximately 600 local governments in the US who have signed on to this Trojan Horse.

Minus one.

All the commissioners are to be commended for this bold decision. Predictably, the left is up in arms. The commissioners have already been challenged to a debate on their decision and the other side wants to bring in heavy hitters from the EPA and the Maryland Department of the Environment in an attempt to discredit the commission’s earth shattering (figuratively) move.

I think the commissioners took some skin.

(more…)

Adam Sparks

California’s Delta Smelt is Raising Your Food Prices

by Adam Sparks

The Commerce Clause that regulates interstate commerce is at issue in the legal battle of Obamacare.  Can the federal government tell individuals that they must buy insurance?  Not as well known is how the same commerce clause is destroying farms and raising food prices by stopping the flow of water from the Sacramento-San Joaquin Rivers to the Central Valley in California.      The feds at the urging of the state government has literally turned off the tap, destroying prime farmland in order to benefit the sex lives of the Delta Smelt.

Approximately 85-90% of the water from this primary source has been shut off to the Central Valley.   The smelt is a fish so insignificant that no one other than the Bezerkely-enviro-wackos and some local fisherman have heard about this tiny fish.

The smelt is fish that is native to California and, for the most part, is known to fisherman simply as “bait”.   The California enviros’ zeal to increase the population of smelt has led to a terrible federal, legal decision that shut down the water to thousands of farmers in the Central Valley; the nation’s largest and most productive farm land.    Thousands of farmers there are suffering with unemployment over 20%, scores of farms have been lost and tens of thousands of agricultural workers are now without jobs.   If California didn’t have enough economic problems, you can add shooting yourself in the foot.  The inmates are now officially running the asylum.   If we needed a poster for enviro-insanity it would be the promotion of the lowly smelt over the interests of: farmers, food production, food prices, jobs and California families.

(more…)

Katrina Rose Dunkley

Avon’s Campaign Against the Oil Sands: All Form, No Substance.

by Katrina Rose Dunkley

Avon Products recent announcement that the firm wants to avoid using ‘high-carbon, high-impact fuels’ derived from the oil sands is yet another hit and run on America’s safest and most secure oil supplier. It is a disingenuous publicity stunt that misleads the public with false promises under false premises.

Avon’s latest so-called “environmental” campaign boils down to asking its transportation contractors to eliminate higher-carbon fuels with a special focus on Canada’s oil sands. Given Avon’s sudden distaste for petroleum products one might set the same standard in return for Avon.  To speak tangentially, when the dictionary definition of hypocrisy immediately springs to mind there may be a credibility problem; ‘feigning to be what one is not; especially the false assumption of an appearance of virtue or religion’.  Yes, we have a credibility problem.

This is a company that nets huge corporate profits from the sales of millions of reps who idle, drive and willingly gas-guzzle their way from neighborhood to neighborhood hocking petroleum based products. Perhaps when Avon rethinks one of their core business models, we can stop laughing in Alberta.

This rash of anti-oilsands actions (we aren’t officially allowed to use the term boycott at present)  rely on a set of specious arguments.  To begin there are the technicalities that Avon and these nouveaux-environmentally sensitive companies like Gap Inc., Timberland, Levi-Strauss, Lush (operating with the aide of misinformants such as ForestEthics) hope the unwitting public will miss or at least misunderstand.

There is no real or practical way for transporters to avoid using fuel from a refinery from any one particular source of crude oil.

(more…)

Katrina Rose Dunkley

What James Cameron Can’t Tell You about the Oil Sands

by Katrina Rose Dunkley

When movie director James Cameron descended upon the Athabasca oil sands a while back, Albertans were subjected to the predictable but nonetheless aggravating media blitz of misinformation that occurs when a mega-star chooses a cause to elevate.

The elevation came in the form of a supercilious warning to put the brakes on the world’s second largest proved oil reserve. It could, he feared, become a curse if not properly managed. This revelation came upon reflection via a government sponsored helicopter tour and a token chat with a group of not-so disenfranchised First Nations peoples in the area. (In 2009, oil sands companies contracted more than $890 million for goods and services from Aboriginal owned businesses and employed 1600 Aboriginals in permanent jobs).

And with that, Mr. Cameron and the media were able to close the case on the oil sands, as Mr. Cameron purportedly had to jet. It’s not Mr. Cameron’s fault, completely. The oil complex is just that – complex. It’s not the kind of business one just picks up as a hobby horse. Sure, Cameron can regurgitate the technical terminology if he likes. It would be difficult for a techno-geek of titanic proportions to resist a sexy term like steam gravity assisted drainage (SAGD).

Here is where I suggest “putting the brakes on.” Perhaps a moratorium on incendiary statements by celebutantes or politicians a-la-Pelosi who are not able to, because of their lack of training, do the type of deep comprehensive assessment required for these matters.

(more…)

Steve  Goreham

Prop 23: Will California Reject Climatism?

by Steve Goreham

On November 2, American citizens will go to the polls to elect our political leaders. One state measure demands the attention of environmental and energy interests across the nation:  Proposition 23 in California.

Proposition 23 would delay implementation of AB32, the California Global Warming Solutions Act, until state unemployment drops below 5.5 percent. Over $25 million has been raised by advocates and opponents of the measure. In a desperate attempt to save AB32, environmental groups have turned up the propaganda machine.

Schwarzenegger

Assembly Bill 32 was signed into law in September, 2006 by Governor Arnold Schwarzenegger. The bill requires a reduction in state greenhouse gas emissions to 1990 levels by 2020. As tasked, the California Air Resources Board (CARB) developed a “Scoping Plan” in 2008, making AB32 the toughest U.S. climate legislation.

The Plan calls for a Low Carbon Fuel Standard for vehicle fuels, and includes regulations for tires, engine oils, paints, window glazes, and vehicle insurance. New fees and regulations are required for housing, businesses, trucking, refrigerated vehicles, cargo vessels, rail freight, and chemicals. California must participate in the Western Climate Initiative cap-and-trade system. AB32 is a blizzard of new regulations for California consumers and businesses.

(more…)

Steve  Goreham

Dangerous Carbon Pollution: Propaganda from Climatism

by Steve Goreham

In an address to Green Mountain College on May 15, Carol Browner, Director of Energy and Climate Change Policy, stated “The sooner the U.S. puts a cap on our dangerous carbon pollution, the sooner we can create a new generation of clean energy jobs here in America…” In July, 2009, President Obama lauded the “Cash for Clunkers” program, stating that the initiative “gives consumers a break, reduces dangerous carbon pollution, and our dependence on foreign oil…” Unfortunately, our President is misinformed about carbon pollution.

Obama Global Warming

The phrase “dangerous carbon pollution” has become standard propaganda from environmental groups. An example is a May, 2010 press release from the World Wildlife Fund that called for “a science-based limit on dangerous carbon pollution that will send a strong signal to the private sector.” Environmentalists have successfully painted a picture of black particle emissions into the atmosphere. This misconception is being used to drive efforts for Cap & Trade legislation, renewable energy, and every sort of restriction on our light bulbs, vehicles, and houses—all in the misguided attempt to stop climate change.

Carbon is integral to our skin, our muscles, our bones, and throughout the body of each person. Carbon forms more than 20% of the human body by weight. We are full of this “dangerous carbon pollution” by natural metabolic processes.

It’s true that incomplete combustion emits carbon particles that can cause smoke and smog. But this particulate carbon pollution is well controlled by the Clean Air Act of 1970 and many other federal and state statutes.

(more…)

Steve  Goreham

The American Automobile: Target of Climatism

by Steve Goreham

SUV Target

Environmental groups have launched a new effort, the Safe Climate Campaign, to radically transform the American automobile and fight climate change. Nathan Wilcox, global warming director at Environment America, states: “Americans want cars that go farther on a gallon of gas. They want our country to use less oil. They want our politicians doing more to address the problem of global warming, not less.” But the proposals are so extreme that the mini-van so loved by Soccer Moms may become an endangered species.

To kick off the campaign, nineteen environmental organizations, including Greenpeace, the National Wildlife Federation, the Sierra Club, and the Union of Concerned Scientists, sent a letter on September 9 to President Obama calling for a Corporate Average Fuel Economy (CAFE) standard of 60 miles-per-gallon (mpg). The memo also advocates a global warming tailpipe pollution standard of 143 grams-per-mile, both to be implemented by model year 2025. The memo states: “Setting strong global warming pollution and fuel efficiency standards for new cars and trucks is a key opportunity to put America on the right path.”

If adopted, these proposals will require that the average vehicle sold meet the standards or manufacturers pay a per-vehicle fine. Consumers will be forced to buy small high-mileage cars, primarily electric and hybrid, and forgo large vehicles based on the internal combustion engine, such as today’s mini-vans. Such emissions standards could significantly raise the price of our cars. Europe recently enacted similar emissions standards that are projected to boost prices by more than $8,000 per vehicle.

(more…)

Julian Morris

Trial Lawyers Should Stick to Real Problems

by Julian Morris

There’s a great new report from the Manhattan Institute emphasizing the role of tort law as a supplement (and alternative) to regulation. If fishermen in the Gulf coast had a right to be free from pollution, perhaps BP would have invested more in preventing the recent disastrous spill. Unfortunately, as the MI piece points out, trial lawyers have tended to focus not on these genuine – and objectively verifiable – harms but instead on hypothetical and highly subjective concerns. A series of class action suits resulting in essentially arbitrary payouts has enriched the trial lawyers but done little if anything to protect individuals or the environment from harm. Indeed, arguably these suits have been counterproductive as they have often led to the elimination of beneficial substances, while diverting resources to lawyers and plaintiffs and away from more productive uses.

america-personal-injury

One of the examples given in the MI report is MTBE, an additive used in gasoline to make vehicles run more efficiently (and thereby produce less pollution). Oil companies started adding MTBE to fuel in 1979 but its use was increased after 1990 – as the MI report points out “Congress had reached the policy judgement that adding MTBE to motor fuel produced a net benefit, even though the chemical can affect the taste of drinking water if it enters the water supply.” The EPA also evaluated MTBE and concluded in 1997 that “there is little likelihood that MTBE in drinking water will cause adverse health effects” in the quantities present. Given that the EPA tends to err on the side of caution (demanding very wide margins of safety), it seems fair to conclude that MTBE in drinking water really was most unlikely to pose a danger to health.

If historic tort standards were applied, there would be no case: MTBE might have an impact on taste, but that is of course subjective. It does not – according to the EPA at least – cause an “objective” harm to human health. This distinction is important. For the law to act as a guide to human behaviour, it must be based on objective standards. If judges apply subjective standards after the fact, how are we to know the standard against which we will be judged? Taken to its logical conclusion, we enter the world of Kafka’s Josef K, who is tried with crimes he didn’t even know he had committed.

(more…)