TX & VA v. EPA GHG Endangerment Finding

Here’s the latest example of why communicating climate science is so important.  From a petition filed by Texas asking the EPA to reconsider its Endangerment Finding that “the current and projected concentrations of the six key well-mixed greenhouse gases–carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)–in the atmosphere threaten the public health and welfare of current and future generations.”  Note the central roles played by CRU “Climategate” and recent errors identified in IPCC 2007:

“Despite the Endangerment Finding’s remarkably broad impact, EPA’s Administrator relied on a fundamentally flawed and legally unsupported methodology to reach her decision. And although the Administrator is legally required to undertake a scientific
assessment before reaching a decision that is supposed to be based on scientific conclusions, the Administrator outsourced the actual scientific study, as well as her required review of the scientific literature necessary to make that assessment. In doing so, EPA relied primarily on the conclusions of outside organizations, particularly the United Nations International Panel on Climate Change (“IPCC”).

EPA’s reliance on the IPCC’s assessment to make a decision of this magnitude is not legally supported. Since the Endangerment Finding’s public comment period ended in June, 2009, troubling revelations about the conduct, objectivity, reliability, and propriety of the IPCC’s processes, assessments, and contributors have become public. Previously private email exchanges among top IPCC climatologists reveal an entrenched group of activists focused less on reaching an objective scientific conclusion than on achieving their desired outcome. These scientists worked to prevent contravening studies from being published, colluded to hide research flaws, and collaborated to obstruct the public’s legal right to public information under open records laws.

In addition to the improper collusion and cover-ups revealed by the release of these emails, since the public comment period ended, some of the IPCC’s methodologies and conclusions have been discredited. Not surprisingly, respected scientists and
climatologists from around the globe have roundly criticized and correctly questioned the IPCC’s process, while calling for programmatic reforms.

Indeed, there has been worldwide fallout from scandals enveloping the IPCC. In Britain, four separate investigations have been launched, and the British Broadcasting Corporation has convened an inquiry into the journalistic appropriateness of its IPCC coverage. India has announced that it will create its own climate change institute rather than rely exclusively on the IPCC. And the United States Department of Commerce has created a new Climate Science Institute—though it has remained noticeably silent on the scandals plaguing the IPCC.”


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