May 9th 2009
Obama’s Cap And Trade In Question Following Polar Bear Ruling

T
he Center for Biological Depravity Diversity was its hyperbolic self yesterday in an email sent to its supporters (and watchers, like me):
[Interior Sec. Ken] Salazar confirmed our worst fears for his tenure as Secretary of the Interior — he announced that he will adopt Bush’s polar bear extinction plan …
You have to hand it to the folks at the CBD; they know how to gin up the language, turning a simple rule that allows the careful, ongoing use of existing oil production facilities as “Bush’s polar bear extinction plan.” Of course, it’s easier to turn a phrase like that when you don’t need to worry about facts, ethics or honesty like the rest of us.
Leaving CBD’s hyperbole aside, here’s what Salazar did, from DOI’s news release:
Secretary of the Interior Ken Salazar announced today that he will retain a special rule [a "4(d) rule"] issued in December for protecting the polar bear under the Endangered Species Act, but will closely monitor the implementation of the rule to determine if additional measures are necessary to conserve and recover the polar bear and its habitat. …
Section 4(d) of the ESA allows the Fish and Wildlife Service to tailor regulatory prohibitions for threatened species as deemed necessary and advisable to provide for the conservation of the species. Hence, the special rule is referred to as a 4(d) rule. …
The rule also states that incidental take of polar bears resulting from activities outside the bear’s range, such as emission of greenhouse gases, will not be prohibited under the ESA.
“Incidental take” means harming, harrassing or killing, when done incidental to other legal activities; stated less bureaucratically, it means “not deliberate.” The polar bear is classified as a threatened species under the Endangered Species Act, so if you go out and just shoot one for sport, you’re in big trouble. But with Salazar’s action yesterday, it remains legal to go about the legal activities of maintaining oil production facilities and exploring for oil on oil lease land, even if by some unprovable nexus, your activities cause a chunk of ice to melt, a polar bear to tumble into the sea, somehow forget how to swim, and drown.
The greens pushed hard to get the polar bear listed as endangered, because the 4(d) rule can only be applied to threatened species, not endangered ones. Bush was justified in not listing the polar bear at all – their populations are stable, even growing in some regions, and there’s no proof that polar icemelt is permanent; indeed, last winter’s ice build-up was record-breaking. But in one of his weaker moves, Bush gave in and took the middle ground, listing it as threatened and writing the 4(d) to protect energy production and other activities.
I’ve lived through this myself. In the early 1990s, Hugh Hewitt and I orchestrated the campaign to keep the California gnatcatcher from being listed under Cailfornia’s ESA, then eked out a “threatened” listing from the incoming Clinton administration, dodging the “endangered” bullet. As a result, thousands of new homes and commercial/industrial facilities were built that otherwise would have been stopped dead by the less flexible endangered listing.
And the gnatcatcher, God bless it, is thriving.
The same will certainly be true of the polar bear, which has survived previous warming spells. I’m not sure if the same can be said now of Obama’s cap and trade tax movement, which is already unpopular in Congress. If you doubt the signficance of the hurdles Obama’s facing with this madcap scheme, just ask the free market: The price of CO2 credits has dropped dramatically.
Now Obama must defend the urgency of imposing cap and trade on a crippled, job-shedding economy even while admitting through Salazar’s action that things really aren’t all that urgent. If global warming were the immediate threat the hysterics Obama campaigned to say it is, Salazar would have suspended the 4(d) rule at a minimum and could have even re-opened the process to go for an endangered listing.
That he didn’t is solid evidence that the Obama administration is watching gas prices, which are beginning to creep up again. They know that a repeat of last year’s run-up in gas costs will spell doom to cap and trade, and cost any politician who’s anti-drilling points in the polls. So to keep his numbers up and the changes of cap and trade alive, Obama approved the continuation of the 4(d) in spite of howling opposition from the environmentalists.
That he could make so politic a trade at the expense of the polar bear (at least that’s how the Greenies put it) can only be read as proof that Obama doesn’t view global warming and cap and trade to be issues as important as his own popularity. Smart opponents of cap and trade just got some powerful new ammunition, and I hope they’re loading their legislative and rhetorical weapons as I write.

Taxpayers are getting creamed because the RWQCB is requiring the city and county of Ventura to step up water quality testing along the ocean beaches because, you know, the ocean’s getting cleaner. Here’s the
Got that? Imagine a downpour cascading down on a large subdivision. Virtually every drop will have to be contained and treated before it can leave. Or a shopping center. Or a hospital. How is this done? Well, you could build a huge reservoir under the parking lot at considerable expense, or you could slice off a few acres of perfectly developable land and put in a retention basin.
Chernobyl proved just how safe nuclear power is. There was no containment vessel. All radiation was released to the environment. There were less than 200 deaths, all among on-site personnel. An exhaustive international inquiry under the UN found no documented health damage beyond the immediate vicinity (except for a slight increase in thyroid cancer among children, which can be completely prevented by taking inexpensive iodine supplements in the event of a nuclear accident). The area around Chernobyl has been declared a radioactive dead zone at radiation levels about the same as downtown Warsaw, Poland, and five times lower than Grand Central Station in New York City. Plants and animals flourish in the region, showing no ill effects. It is stark raving mad.
As VHEMT Volunteers know, the hopeful alternative to the extinction of millions of species of plants and animals is the voluntary extinction of one species: Homo sapiens … us.
Nichols
(It reminded me of people who live on the beach and are convinced the ocean is rising because their beach is losing sand – like the celebrity Greenies of Malibu. Of course the ocean looks higher – there’s less sand between them and it! The sand is disappearing, by the way, in part because water quality regs forbid people from allowing “particulates,” i.e. sand, to enter streams. That’s why you can’t take sand that’s built up behind a dam and move it to the stream below the dam – where it would have gone had the dam not been there: Some enviro-bureaucrat decided that would be pollution.)
Dressing in white. How cute.
Allessandra Giordano, right, who with poppa Carlos fled the country (hopefully in a bright red Ferrari) for importing cars what did not meet EPA’s air quality regulations.
Wendell Baptiste, left, who I chose primarily because of the fascinating red tint on his mug shot. Do you suppose he got that way by peddling plutonium on dark corners? No, Baptiste is a wanted EPA fugitive because he went on the lam after illegally discharging a hazardous substance into waters of the United States.
Nope, the award for the #1 EPA fugitive from environmental justice goes hands down to this guy, Mauro Valenzuela. Nice looking fella, eh? Hint of a smile, whimsical tilt to the head. Don’t you believe it. Here’s his write-up:
