Two More Inconvenient Voices at the EPA

Author: Nick Loris
11.10.09

In the alleged new era of transparency, the Environmental Protection Agency (EPA) is making quite a name for itself as being the agency of opacity. The latest is the EPA’s suppression of a video entitled, “The Huge Mistake” by Laurie Williams and Allan Zabel, two lawyers currently working at the Environmental Protection Agency (EPA) – a video that says cap and trade will not work. From the Public Employees for Environmental Responsibility (PEER):

“The U.S. Environmental Protection Agency has ordered two of its attorneys to remove a video they posted on YouTube about problems with climate change legislation backed by the Obama administration or face “disciplinary action”, according to documents released today by Public Employees for Environmental Responsibility (PEER). The couple had received clearance for posting the video but EPA took issue with its content following publication of an op-ed piece by the two in The Washington Post on October 31.”

PEER Executive Director Jeff Ruch remarked, “EPA is abusing ethics rules to gag two conscientious employees who have every right to speak out as citizens. EPA reversed itself because someone in headquarters had a tantrum about their Washington Post essay.”

In their Washington Post column, Williams and Zabel rightly criticize the carbon offset measure in cap and trade, arguing that past experiments with offsets have led to nothing but fraud with no reduction in carbon dioxide. They also stress that likening the carbon cap and trade program to the acid rain cap and trade program is comparing apples and oranges because minor modifications and low-cost alternatives aren’t available for reducing carbon dioxide emissions from fossil fuels - as they were to address sulfur dioxide emissions linked to acid rain.

This comes after the EPA suppressed an internal report from one of the agency’s own, 35-year analyst Alan Carlin - a scientist who specializes in climate change. His report warned that the science of climate change was dubious and that we shouldn’t pass laws that will raise energy prices, hurt American families and hobble the nation’s economy without a full understanding of climate change.

We spoke to Dr. Carlin when the story first broke in June and he said, “I’ve been involved in public policy since 1966 or 1967. There’s never been anything exactly like this. I am now under a gag order.”

Once the Competitive Enterprise Institute released some of the EPA’s back-and-forth emails with Dr. Carlin, it became blatant that report had been smothered for political reasons: “One of the e-mails is from Dr. Al McGartland, director of the EPA’s National Center for Environmental Economics reads, “The administrator and administration has decided to move forward on endangerment, and your comments do not help the legal or policy case for this decision. … I can see only one impact of your comments given where we are in the process, and that would be a very negative impact on our office.”

This also comes after Senators Boxer and Kerry produced a ‘semi-final draft’ version of their cap and trade bill, which included the billions of dollars worth of emission allowance permits to different industries and released it only to the EPA to model the economic impacts. The draft was unavailable to the public until after the Environment and Public Works committee voted on it. The Heritage Foundation is one of few organizations to have modeled the economic effects of the Waxman-Markey cap and trade bill. Bill Beach, the director of The Heritage Foundation’s Center for Data Analysis, wrote a letter to Senator Boxer (CCing Senator Kerry, EPA Administrator Lisa Jackson and Senator Inhofe) asking for a copy of the semi-draft legislation to model the economic effects of the bill but did not receive a copy of the bill.

Zabel has first hand experience with cap and trade, overseeing California’s cap and trade and offsets programs. Apparently, this was the problem according to the Wall Street Journal’s Keith Johnson. He writes, “One EPA official said that the agency’s response wasn’t due to the content of the attorneys’ writings, but to the way they highlighted their EPA experience in making their arguments.”

But isn’t Zabel exactly the type of person who should be warning us about the inefficiencies of a cap and trade system. Wouldn’t you want to utilize his highly specialized knowledge and experience?

President Obama, in his memorandum for the heads of executive departments and agencies, wrote that “Government should be transparent. Transparency promotes accountability and provides information for citizens about what their Government is doing. Information maintained by the Federal Government is a national asset. My Administration will take appropriate action, consistent with law and policy, to disclose information rapidly in forms that the public can readily find and use.”

Given Obama’s propensity for hiring czars, maybe the solution to the EPA’s cover ups is a transparency czar.

EPA Lawyers Speak Out Against Cap and Trade

Author: Nick Loris
11.04.09

Laurie Williams and Allan Zabel, two lawyers currently working at the Environmental Protection Agency (EPA), spoke out against cap and trade in their Washington Post column. Zabel has first hand experience with cap and trade, overseeing California’s cap and trade and offsets programs. The article is full of good reasons why a cap and trade program to reduce greenhouse gas emissions is a bad idea. They also highlight how it differs substantially from the acid rain cap and trade plan, which proponents  tout as a reason to cap and trade CO2:

Cap-and-trade means a declining “cap” on total emissions, while allowing trading of pollution permits. Confidence in the certainty of declining caps is based on the mistaken assumption that cap-and trade was proven in the EPA’s acid rain program. In fact, addressing acid rain required relatively minor modifications to coal-fired power plants. Reductions were accomplished primarily by a fuel switch to readily available, affordable, low-sulfur coal, along with some additional scrubbing. In contrast, the issues presented by climate change cannot be solved by tweaks to facilities; it requires an energy revolution through investments in building clean-energy facilities.”

The authors explain, however, that these minor modifications and cheap alternatives aren’t available when it comes to America’s energy use:

The biggest obstacle to this revolution is that uncontrolled fossil fuel energy remains much cheaper than clean energy. Cap-and-trade alone will not create confidence that clean energy will become profitable within a known time frame and so will not ignite the huge shift in investment needed to begin the clean-energy revolution. In recent interviews, even the economists who thought up cap-and-trade have said they don’t believe it’s an appropriate tool for climate change.”

The brunt of the authors’ objection to a cap and trade system has to with the offset provision. If a coal plant believes it’s cheaper not to reduce its carbon footprint, it can pay someone else to do so. For instance, a company could pay a logger not to cut down trees, or they could pay someone to grow trees since trees absorb carbon. Or a developing country can build a cleaner coal plant saying they were going to build a dirtier one while cashing a check from a developed country for the alleged carbon offset. Williams and Zabel make the same case with the forest owner:

[I]f the landowner wasn’t planning to cut his forest, he just received a bonus for doing what he would have done anyway. Even if he was planning to cut his forest and doesn’t, demand for wood isn’t reduced. A different forest will be cut. Either way, there is no net reduction in production of greenhouse gases. The result of this carbon “offset” is not a decrease but an increase — coal burning above the cap at the power plant.”

And the offset program creates perverse incentives and unintended consequences:

[C]onsider the refrigerant HCFC-22, the manufacture of which creates an extremely powerful greenhouse gas as a byproduct. This byproduct is relatively easy and cheap to destroy, and governments could require refrigerant manufacturers to do just that. But offset investors have persuaded regulators to approve destruction of the byproduct as a carbon offset, making it twice as profitable to sell byproduct destruction as it was to sell the refrigerant.”

Designed to be a cost containment measure, experience with offsets have led to nothing but fraud with no reduction in carbon dioxide. The architects of cap and trade legislation claim that farmers and landowners with forestland to be the big winners from the offset program. But the economic pain they suffer, along with everyone else, will be much greater than any offset check they collect.