Tag: EPA

A Ban on Farm-Filming?

Animal-welfare activists have scored much publicity success by releasing hidden-camera videos that they say document the mistreatment of animals at farms and slaughterhouses. Now, at the behest of farm interests, lawmakers in Iowa, Florida, and Minnesota are proposing laws seeking to criminalize the making and even possession of such videos. According to the New York Times, the Iowa bill, which has passed the lower house of the legislature in Des Moines:

would make it a crime to produce, distribute or possess photos and video taken without permission at an agricultural facility. It would also criminalize lying on an application to work at an agriculture facility “with an intent to commit an act not authorized by the owner.”

From a libertarian perspective, there’s so much wrong with these bills that it’s hard to know where to begin. Maybe with the bills’ ridiculous overbreadth and over-punitiveness—the Florida proposal, for example, apparently would ban even roadside photography of farms, and send offenders to prison for as much as thirty years. In proposing a (very likely unconstitutional) ban on even the possession of improperly produced videos, the Iowa bill, ironically or otherwise, echoes the tireless legislative efforts of some animal rights activists over the years to ban even possession of videos depicting dogfights and other instances of animal cruelty, for example.

The fact is that we already criminalize too much photo-taking. Depending on where you live, it may be unlawful to snap photos in a busy transit hub, or videotape the police officer who’s conducting an arrest; New Jersey is now considering a law that could ban much picture-taking of children in public places. To be sure, farmers and food processors also have rights deserving of respect, but the core of those rights should be the right to post a notice of “No photography on premises” and then seek civil (as distinct from criminal, in the absence of forcible entry) remedies against visitors or employees who ignore it.

Relatedly, the New York Times invited me to join a “Room for Debate” discussion today on farm animal welfare and my contribution is here. My suggestions that the federal government leave the issue to the states, and that the development of a market in more expensive but humanely raised meat is to be welcomed, brought down predictable outrage from some readers, whose comments included, “The ‘free-market’ litany is a lying crock” and, “It would be a very good thing if meat became unaffordable to most ordinary people.”

Not so relatedly, I am happy to report that the Environmental Protection Agency has finally backed off its position that dairy farmers must build elaborate containment structures to guard against milk spills on the theory that—milk containing butterfat and all—those mishaps should be legally construed as “oil spills.” I had criticized the agency’s interpretation here and here.

When the Government Lobbies Itself

“National Public Radio (NPR) is paying the lobbying firm Bracy, Tucker, Brown & Valanzano to defend its taxpayer funding stream in Congress, according to lobbying disclosure forms filed with the Secretary of the Senate,” reports Matthew Boyle at the Daily Caller. Once again, a government-funded entity is using its taxpayer funds to lobby to get more money from the taxpayers.

When the bailouts and takeovers started in 2008-9, I noted that there was lots of outrage in the blogosphere over revelations that some of the biggest recipients of the federal government’s $700 billion TARP bailout had been spending money on lobbyists. And I wrote:

It’s bad enough to have our tax money taken and given to banks whose mistakes should have caused them to fail. It’s adding insult to injury when they use our money — or some “other” money; money is fungible — to lobby our representatives in Congress, perhaps for even more money.

Get taxpayers’ money, hire lobbyists, get more taxpayers’ money. Nice work if you can get it.

At the same time, Dan Mitchell wrote that companies that received government money and then lobbied for more “deserve a reserved seat in a very hot place.” Taxpayer-funded lobbying is a scandal, but it’s a scandal that has been going on for decades:

As far back as 1985, Cato published a book, Destroying Democracy: How Government Funds Partisan Politics, that exposed how billions of taxpayers’ dollars were used to subsidize organizations with a political agenda, mostly groups that lobbied and organized for bigger government and more spending. The book led off with this quotation from Thomas Jefferson’s Virginia Statute of Religious Liberty: “To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and tyrannical.”

The book noted that the National Council of Senior Citizens had received more than $150 million in taxpayers’ money in four years. A more recent report estimated that AARP had received over a billion dollars in taxpayer funding. Both groups, of course, lobby incessantly for more spending on Social Security and Medicare. The Heritage Foundation reported in 1995, “Each year, the American taxpayers provide more than $39 billion in grants to organizations which may use the money to advance their political agendas.”

In 1999 Peter Samuel and Randal O’Toole found that EPA was a major funder of groups lobbying for “smart growth.” So these groups were pushing a policy agenda on the federal government, but the government itself was paying the groups to lobby it.

Taxpayers shouldn’t be forced to pay for the very lobbying that seeks to suck more dollars out of the taxpayers. But then, taxpayers shouldn’t be forced to subsidize banks, car companies, senior citizen groups, environmentalist lobbies, labor unions, or other private organizations in the first place.

Courts Must Review Agency Actions

There is a growing trend among federal agencies and courts to incrementally expand the government’s enforcement power by adopting statutory interpretations that go beyond their plain meaning and intent. National Corn Growers v. EPA exemplifies such government overreach.

Under the Federal Food, Drug, and Cosmetic Act, the Environmental Protection Agency establishes limits, or “tolerances,” for pesticide residues on food.  If a pesticide residue exceeds an established tolerance it is deemed “unsafe” and the product is removed from interstate commerce—effectively banned from use. The EPA must modify or revoke a tolerance it deems unsafe through a “notice and comment” process.  Both the FFDCA and its implementing regulations require the EPA to hold a public evidentiary hearing if any objections raise a “material issue of fact.”

In National Corn Growers, the pesticide carbofuran was registered for use in 1969 by the EPA and has been safely used for pest control for a variety of crops for more than 40 years.  Recently, however, the EPA overlooked “material issues of fact” raised by the National Corn Growers and revoked all tolerances for carbofuran without a public hearing. In a decision that gives sole discretion to the EPA to determine the fate of hundreds of thousands of products already in the market, the D.C. Circuit held that courts must defer to the agency.  The court declared that differences in scientific studies are insufficient for judicial review, essentially writing “material issue of fact” out of the Act.

Cato joined the Pacific Legal Foundation in filing a brief arguing that Supreme Court review is warranted because the D.C. Circuit undermined the legal requirement for a public hearing under the FFDCA.  Moreover, because this case sets a precedent for other regulated products and allows government agencies to unlawfully deprive citizens of their property without adequate access to court review, we argue that the Supreme Court should take this case to: (1) establish the proper standard for review under the FFDCA for a public hearing; (2) curtail abuse of the administrative process; and (3) establish that complete deference is not compatible with a summary-judgment-type proceeding.

The right not to be deprived of one’s property without fair process is a bedrock principle of American jurisprudence.  The Court should reinforce this principle and ensure that statutory safeguards intended to protect this right are not ignored. 

Thanks to Cato legal associate Caitlyn McCarthy for her help with the brief and with this summary.

EPA on Guard against Spills

Well, at least of the dairy kind:

New Environmental Protection Agency regulations treat spilled milk like oil, requiring farmers to build extra storage tanks and form emergency spill plans….

The EPA regulations state that “milk typically contains a percentage of animal fat, which is a non-petroleum oil. Thus, containers storing milk are subject to the Oil Spill Prevention, Control and Countermeasure Program rule when they meet the applicability criteria.”

Peter Daining of the Holland Sentinel (Holland, MI) has a report, including predictions that smaller dairy producers could be driven out of business by the cost of the containment rules.

A Few Notes on Climate Change

As the Copenhagen Climate Conference is taking place, it is appropriate to clarify once again what is more or less accurately known about the climate of our planet and about climate change.

Obviously, a brief post can not substitute for detailed studies of professionals in a variety of scientific disciplines – climatology, atmospheric physics, chemistry, geology, astronomy, and economics. However, a short post can summarize basic theses on the main trends in climate evolution, on its forecasts, and on its actual and projected effects.

1. The Earth’s climate is constantly changing. The climate was changing in the past, is changing now and, obviously, will be changing in the future – as long as our planet exists.

2. Climatic changes are largely cyclical in nature. There are various time horizons of climatic cycles – from the annual cycle known to everyone to cycles of 65-70 years, of 1,300 years, or of 100,000 years (the so called Milankovitch cycles).

3. There is no fundamental disagreement among scientists, public figures and governments about the fact that the climate is  changing. There is a broad consensus that climate changes occur constantly. The myth, created by climate alarmists, that their opponents deny climate change is sheer propaganda.

4. Current debate among climatologists, economists and public figures is not about the fact of climate change, but about other issues. In particular, disagreements exist on:
- Comparative levels of modern day temperatures (relative to the historically observed),
- The direction of climate change depending on the length of record,
- The extent of climate change,
- The rate of climate change,
- Causes of climate change,
- Forecasts of climate change,
- Consequences of climate change,
- The optimal strategy for human beings to respond to climate change.

5. Unbiased answers to many of these issues are critically dependent on a chosen time horizon – whether it is 10 years, or 30 years, or 70 years, or 1000 years, or 10,000 years, or hundreds of thousands or millions of years. Depending on the time horizon, the answers to many of these questions may be different, even opposite.

6. The current level of global temperature in historical perspective is not unique. The average temperature of the Earth is now estimated at about 14.5 degrees Celsius. In our planet’s history there have been few periods when the Earth’s temperature was lower than the current – in the early Permian period, in the Oligocene, and during periodic glaciations in the Pleistocene. For most of the time during the last half billion years, the air temperature at the Earth’s surface greatly exceeded the current one, and for about half of this period it was approximately 25°C, or 10°C higher than the current temperature. Regular glaciations of cold periods during the Pleistocene era lasted for approximately 90,000 years, with a low temperature of approximately 5°C below that of the present, alternated by warm interglacial periods (for 4,000-6,000 years) with temperatures of 1-3°C higher than at present. Approximately 11,000 years ago the last significant increase in temperature began (of approximately 5°C), during which time a huge glacier, that covered a considerable part of Eurasia and America, had melted. Climate warming has played a key role in humanity’s acquisition of the secrets of agriculture and in its transition to civilization. Over the past 11,000 years there were at least five distinct warm periods, the so-called “climatic optima” when the temperature of the planet was at 1-3°C higher than at present.

7. The focus of climate change depends critically on the choice of time horizon. In the past 11 years (1998-2009 years) global temperature was flat. Before that, in the preceding 20 years (1979-1998 years) it increased by about 0.3°C. Before that, during the preceding 36 years (1940-1976 years) the temperature fell by about 0.1°C. Before that, for the preceding two centuries (1740 – 1940 years), the overall trend in global temperature was mainly neutral – with periodic warming, followed by cooling, and then again warming. Over the past three centuries (from the turn of 18th century), the temperature in the northern hemisphere has increased by approximately 1.3°C, from the trough of the so-called “Little Ice Age” (LIA) during the years 1500-1740 years, followed by the contemporary climatic optimum (CCO), which started around 1980. During the three centuries preceding the LIA, the temperature in the northern hemisphere was falling compared to the level it was during the medieval climatic optimum (MCO) in the 8th – 13th centuries. Depending on the chosen time frame the long-term temperature trend has a different trajectory. For periods of the last 2,000 years, the last 4,000 years, and the last 8,000 years, the trend was negative. For periods of the past 1,300 years, the last 5,000 years, and the last 9,000 years it was positive.

8. The rate of contemporary climate change is much more modest in comparison with the rate of climatic changes observed earlier in the history of the planet. The Intergovernmental Panel on Climate Change (IPCC) describes the increase in the global temperature by 0.76°C over the last century (1906-2005 years) as extraordinary. There is reason to suspect this temperature value is somewhat overstated. However, the main point is that previous rises in temperature were greater than those in the modern era. Comparable data demonstrate that the increase in temperature, for example, in Central England in the 18th century (by 0.97°C) was more significant than in the 20th (by 0.90°C). The climatic changes in Central Greenland over the past 50,000 years show that there were at least a dozen periods during which the regional temperature increased by 10-13°C. Given the correlation between changes in temperature at high latitudes and globally, those shifts in temperature regime in Greenland meant a rise in global temperature by 4-6°C. Such a rate was approximately 5-7 times faster than the actual (and, perhaps, slightly exaggerated) temperature increase in the 20th century.

9. The rate of current climate change (the speed of modern warming) by historical standards is not unique. According to IPCC data, the rate of temperature increase over the past 50 years was 0.13°C per decade. According to comparable data, obtained through instrumental measurements, a higher rate of temperature increase was observed at least three times: in the late 17th century – early 18th century; in the second half of the 18th century; and in the late 19th century – early 20th century. The centennial rate of warming in the 20th century is slower than the warming in the 18th century that was instrumentally recorded and slower than the warming in at least 13 cases over the past 50,000 years that were measured by palaeoclimatic methods.

10. Among the causes of climate change in the pre-industrial era there were hardly any anthropogenic factors – due to modest population size and mankind’s limited economic activities. But the range of climatic fluctuations and their rate and peak values in the pre-industrial era exceeded the parameters of climate change recorded in the industrial period.

11. During the industrial age (since the beginning of the 19th century) climate change is believed to be under the impact of both groups of factors – of natural and of anthropogenic character. Since the rate of climate change in the industrial age is so far noticeably smaller than at some time in the pre-industrial age, there is no basis for the assertion that anthropogenic factors had already become as significant as natural factors, even less for the assertion that they overwhelm natural factors.

12. Factors of anthropogenic climate change are rather diverse and can not be confined to carbon dioxide only. Mankind impacts local, regional and global climate by constructing buildings and structures, heating houses, industrial and public premises, by logging and planting forests, plowing arable land, damming rivers, draining and irrigating lands, leveling and paving territories, conducting industry, issuing aerosols, etc.

13. There is no consensus in the scientific community on the role of carbon dioxide in climate change. Some scientists believe that it is crucial, others believe that it is secondary to other factors. There are also serious disagreements on the nature and direction of possible causality between concentration of carbon dioxide in the atmosphere and temperature: some researchers believe the former causes temperature to rise, others argue the opposite – that fluctuations in temperature cause changes in carbon dioxide concentration.

14. Unlike carbon monoxide (CO), carbon dioxide (CO2) is harmless to humans; in contrast to aerosol, a harmful and dangerous substance, carbon dioxide does not pollute the environment. It has neither a color, nor a taste, nor a smell. Therefore, popularly used photos and videos showing factory chimney stacks emitting smoke and cars emitting exhaust to illustrate carbon dioxide are just misleading – CO2 is invisible; what is visible in those images are pollutants. It should also be noted that the increased concentration of carbon dioxide in the air has a positive impact on the productivity of plants, including agricultural crops.

15. The relationship of the concentration of carbon dioxide to climate change remains a subject of intense scientific debate. True, the concentration of carbon dioxide in the atmosphere over the past two centuries increased from 280 parts per million of air particles in the early 19th century to 388 particles in 2009. It is also true that the global temperature in that period rose by about 0.8°C. But whether these two factors are connected is unclear. The dynamics of CO2 concentration did not correlate well with the expected changes in temperature. The significant and rapid increases in global temperature during the interglacial periods of the Pleistocene, during the Medieval Climatic Optima, in the 18th century, were not preceded by an increase in carbon dioxide concentration. In the industrial age, an increase in carbon dioxide concentration in the atmosphere was not always accompanied by a rise in global temperature. In 1944-1976 CO2 concentration increased by 24 units – from 308 to 332 particles, but the global temperature fell 0.1°C. In 1998-2009 CO2 concentration increased by 21 units – from 367 to 388 particles, but the global temperature trend remained flat. In the first half of the 1940’s the decline in the concentration of carbon dioxide by 3 units (as a result of the massive destruction caused by World War II) did not prevent the global temperature to rise by 0.1°C.

16. So far global climate models demonstrate their limited effectiveness. The complex nature of the climate system is not reflected adequately enough in the global climate models whose use has recently spread around the world. The projections developed on their basis in the late 1990s through the early 2000s predicted the global temperature to rise by 1.4-5.8°C till the end of the 21st century with a 0.2-0.4°C increase already in the first decade. In reality during 1998-2009 the temperature was flat at best.

17. Forecasts of global climate change made at the beginning of this decade by Russian scientists (from the Arctic and Antarctic Research Institute, the Voejkov Main Geophysical Observatory) predicted a fall in the global temperature by 0.6°C by 2025-2030 in comparison with a temperature peak reached at the end of the 20th century. So far the actual temperature for the last decade has not risen.

18. Implications of climate change for human beings differ greatly depending on their direction, size and rate. An increase in temperature leads as a rule to a softer and moister climate, while a decline in temperature leads to a harder and drier climate. It was a climatic optimum in the Holocene period with temperatures 1-3°C higher than today that greatly contributed to the birth of civilization. Conditions for people’s life and economic activities in warmer climates are usually more favorable than in colder environments. In warmer climates there is usually more precipitation than in drier areas, the cost of heating and volume of food required to sustain human life is lower, while vegetation and navigation periods are longer, and crops’ yields are higher.

19. Methods “to combat global warming” by reducing carbon dioxide emissions suggested by climate alarmists are scientifically unfounded in the absence of extraordinary or unusual changes in climate during the modern era. Such measures, if adopted, are especially dangerous for mid- and lower income countries. Those measures would effectively cut those countries off the path to prosperity and hinder their ability to close the gap with more developed nations.

20. The impact of all anthropogenic factors (not only CO2) on climate is unclear when compared with factors of nature. Therefore, the most effective strategy for humanity in responding to different types of climate change is adaptation. That approach is exactly the way that humans have reacted to the larger-scale climatic changes in the past, even though they were less prepared then for such changes. Now mankind has greater resources to adapt to lesser climate fluctuations and it is better equipped for them scientifically, technically and psychologically. The adaptation of humanity to climate changes is incomparably less costly than other options being proposed and imposed by climate alarmists. Human society has already adopted to climate change and will continue to do so as long as economy and society are vibrant and free.

Have the Greens Failed?

Today’s question at “Politico Arena”:

“Have the greens failed?”

My response:

If the greens have failed, it’s not for lack of trying.  For years now, in everything from pre-school programs to “educational” ads aimed at adults, they’ve been “greenwashing” our brains.  In September the Wall Street Journal reported that the EPA was focusing on children:  ”Partnering with the Parent Teacher Organization, the agency earlier this month launched a cross-country tour of 6,000 schools to teach students about climate change and energy efficiency.”

Yet for all that effort, the public isn’t buying.  As Politico notes this morning:  ”The Pew Research Center found that by last January, global warming ’ranked at the bottom of the public’s list of policy priorities for the president and Congress this year.’”  And “Independent voters and Republicans ranked it last on a list of 20 priorities, while Democrats ranked it 16th.”  Meanwhile, “other polling suggests Americans are growing more skeptical of the science behind climate change, with those who blame human activity for global warming – 36 percent – falling 11 percentage points this year, according to Pew.”  And that was before “Climategate” came to light.

At bottom, the greens face three basic problems. First, by no means is the science of global warming “settled” – if anything, the fraud Climategate surfaced has settled that question. Second, even if global warming were a settled science, the contribution of human activity is anything but certain. And finally, most important, even if the answers to those two questions were clear, the costs – or benefits – of global warming are unknown, but the costs of the proposals promoted by the greens are astronomical.

So how do they respond to all of this? Politico cites Greenpeace executive director Phil Radford: “ ‘Obama’s problem is not his position on the climate issue but, rather, his will,’ says Radford. ’The question is how much the president will lead.’ Americans have ‘overlearned’ the lessons of Kyoto, where President Bill Clinton agreed to a treaty that he never submitted for ratification because it faced near-unanimous rejection in the Senate, Radford said. ’They’re using that as a reason to hide behind Congress instead of to lead Congress.’”

There you have it. It’s all a matter of will – indeed, of belief. The president needs simply to will this through, the people (and Congress) be damned. We, the anointed, know what’s right, what needs to be done. Is it any wonder that the greens are failing, at least where the people can still be heard?

Using ‘Cash For Clunkers’ Money to Buy a Muscle Car

chevelleABC News reports that the “Cash for Clunkers” scheme, a government program that offers a rebate to people who trade in vehicles with low gas mileage for more fuel efficient cars, is  gaining popularity:

The program is off to a fast start. In less than a week, 8,000 cars have been traded in for new ones – deals that might not have happened if Washington were not offering people $3,500 to $4,500 to get their aging gas guzzlers off the road.

In June, Cato senior fellow Alan Reynolds explained  how you can use that money to buy the muscle car or truck you always wanted:

Consider how easy it would be to game this giveaway program by using that $4,500 voucher to buy a big SUV or V-8 muscle car.

First of  all, with Chrysler and GM dealerships folding, it should be easy to buy a mediocre Chevy Cobalt or Dodge Caliber for about $10,000 more than the voucher.

What you do next is sell that boring econobox, even if you end up with $1,000 less than you paid — that still leaves you with $3,500 of free money, courtesy of taxpayers.

As this  process unfolds, the flood of resold small cars will make it even  harder for GM, Chrysler and Ford dealers to get a decent price for small cars, because of added competition from new cars being resold as used.

That’s their problem, not yours.

So, take the $9,000 net from reselling the crummy little car plus the $4,500 from Uncle Sam.  Then use that $13,500 to make a big down payment on a used Cadillac Escalade,  Toyota Tundra pickup or Corvette.

File this under “unintended consequences” (my own file is running out of space).