Supreme Court “Friend of the Court” brief challenges EPA’s climate change, greenhouse gas regulations

Playing fast and loose with both climate science and logic in a Supreme Court brief is a good way to destroy your own credibility.

CATEGORY: ClimateClick here for the other posts in this series

In June, 2012, the DC Circuit Court of Appeals’ ruled that the Clean Air Act permitted the EPA to regulate greenhouse gases such as carbon dioxide (CO2) as pollutants. Multiple industry groups and states appealed the ruling to the Supreme Court in March, 2013, and the Court agreed to hear part of the appeal in October, 2013. Specifically, the Supreme Court agreed to hear arguments on whether or not the Clean Air Act automatically required the EPA to regulate stationary sources like power plants as a result of the EPA finding that motor vehicles were a source of pollution. The Court refused to hear arguments on whether or not the EPA had the authority to find greenhouse gases a pollutant, or to regulate them as pollutants.

Even though the Supreme Court refused to hear arguments related to the EPA’s science-based endangerment finding, a group of 12 self-described “experts” submitted a Brief of Amici Curiae, also known as a “Friend of the Court” brief [hereafter “the brief”], to the Court on December 16, 2013. The brief asks the Supreme Court to overturn the DC Appeals Court ruling and the entire endangerment finding even though the Court refused to hear arguments on those issues. Continue reading

Nota Bene #121: Birds of an Ancient Feather

“Television is an invention whereby you can be entertained in your living room by people you wouldn’t have in your house.” Who said it? The answer is at the end of this post. Now on to the links! Continue reading

Nota Bene #119: Think! It Ain't Illegal Yet

“My wife and I were happy for twenty years. Then we met.” Who said it? Continue reading

Nota Bene #117: Wake Up!

“Hollywood is so crooked that Mafia gangsters are entirely outclassed and don’t stand a chance. People in Hollywood are smarter. They have more sophisticated knowledge of money and deals and how to steal legally rather than illegally.” Who said it? Continue reading

Nota Bene #113: Seth's Near-Death

“Ordinary life is pretty complex stuff.” Who said it? Continue reading

Nota Bene #101: Your Pal, Mike S.

“The guys who are shooting films now are technically brilliant, but there’s no content in their films. I marvel at what I see and wish I could have done a shot like that. But shots are secondary for my films, and with some of these films, it’s all about the shots. What’s the point? I’m not sure people know what points to make.” Who said it? Continue reading

Predicting the 21st Century: Nostraslammy's ten-year review

Ten years ago, at the turn of the millennium, Nostraslammy took a stab at predicting the 21st Century, with a promise to check back every ten years to see how the prognostications were turning out. Odds are good I won’t be able to do a review every ten years until 2100, but I figure I’m probably good through 2030, at least, barring some unforeseen calamity. And if you’re Nostraslammy, what’s this “unforeseen” thing, anyway?

Let’s see how our 22 articles of foresight are holding up, one at a time.

1: Researchers will develop either a vaccine or a cure for AIDS by 2020. However, it will be expensive enough that the disease will plague the poor long after it has become a non-issue for the rich and middle classes (although this is one case where political leaders might fund free treatment programs). The end of AIDS will trigger a sexual revolution that will compare to or exceed that of the 1960s and 1970s (unless another deadly sexually-transmitted disease evolves, which is certainly a possibility). Continue reading

Nota Bene #96: Saturn's Hexagon and the Bulava Spiral

“Clothes make the man. Naked people have little or no influence on society.” Continue reading

Nota Bene #95: STFU

Gonna try something different Continue reading

Democracy & Elitism 2: performance elitism vs privilege elitism, and why the difference matters

Democracy+ElitismPart two in a series.

“Elite” hasn’t always been an epithet. In fact, if we consider what the dictionary has to say about it, it still signifies something potentially worthy. Potentially. For instance:

e·lit·ism or é·lit·ism (-ltzm, -l-) n.
1. The belief that certain persons or members of certain classes or groups deserve favored treatment by virtue of their perceived superiority, as in intellect, social status, or financial resources.le

That definition, while technically accurate enough, could use a bit of untangling, because it embodies the very nature of our problem with elitism in America. In popular use, the term “elite” and its derivatives has been twisted into a pure, distilled lackwit essence of “liberal” – another once-proud word that fell victim to our moneyed false consciousness machine. Continue reading

Nota Bene #93: Linksgiving

Welcome to my home Continue reading

Save the CEOs

by Rich Herschlag

This is Clark. Last year, Clark bought a 12,000 square foot waterfront villa in Boca Raton and a 7,000 square foot penthouse in Dubai. His daughter’s sweet sixteen cost 2.3 million dollars, five hundred thousand of which went to Lindsay Lohan, who came out of the cake. He crashed a vintage DeLorean into a parking meter on the Strip in Hollywood and left it on the side of the road rather than deal with the insurance mess. He bought his trophy wife an 18 carat gold Elsa Peretti Tiffany diamond necklace and his girlfriend a 24 carat one. His Yorkshire Terrier was treated for toxic shock after a particularly lengthy Botox session. Continue reading

Meet Satan's towel boy, Ralph Nader, and other famous rabblerousers in a call for open debates

He’s the man who caused Sep. 11, war in the Gulf, a million Iraqi deaths and probably mad cow disease too, as you’ve no doubt heard from disgruntled Democrats. Of course I’m talking about Evil Incarnate, consumer advocate and political gadfly Ralph Nader.

As evidenced by the comments to my piece on him way back when, he’s still roundly feared and loathed by countless Dems for supposedly helping George W. Bush, no matter how indirectly, steal the 2000 election from Al Gore and allowing everything that followed to pass. Well, he’s running for president again, and his anti-bigwig rhetoric has grown more pointed and caustic, just as the general lefty revulsion for him and his supporters has. Continue reading

Reframing the Republican lie about wealth in America

In America, the Republicans are seen as the party of money and wealth. This perception is certainly accurate in one sense – the GOP is the favored party of the wealthy elite. Unfortunately, the party is also supported in large numbers by those who have no wealth, and thanks to the policies of the Republican party, no hope of ever attaining any. But they continue to support the party for reasons that seem irrational to us. Why?

In a nutshell, I want to argue here that they do so because the GOP has, through a long-term and exceptionally effective messaging campaign, drawn around itself the ideology of hope. Forgive a brief over-generalization, but they’re the party that preaches wealth and that tells people they can join the club (never mind that the message is a lie, given our current economic policy structure). In the popular frame, the Republicans are often seen as being about getting and having money while the Democrats are about taking your hard-earned money and giving it to people who didn’t earn it. Continue reading