Courts Confront Climate Change By S. Fred Singer By Roberty Higgs - Independent

January 28, 2008

Late last year, the U.S. 9th Circuit Court of Appeals in San Francisco ruled that the National Highway Traffic Safety Administration must consider the “risks of global warming” when setting gas-mileage standards for light trucks, minivans and SUVs.

Central to the court’s ruling was the claim that NHTSA, in violation of the National Environmental Policy Act, had ignored the benefits of reducing emissions of the greenhouse gas carbon dioxide (CO2).

Whatever their legal acumen, Justice Betty Fletcher and her colleagues on the bench demonstrated they have little expertise in climate science. Tighter restrictions on CO2 emissions cannot produce the imagined benefits. Greenhouse gas emissions occur globally: The court’s mandate will not measurably curb CO2 levels or global warming.

The court also assumed that human activity is the main cause of global warming. This has yet to be demonstrated by hard evidence.

The U.N. Intergovernmental Panel on Climate Change (IPCC) points to glacial melting, shrinking sea ice, and other consequences of global warming. But such “evidence” doesn’t tell us whether the causes are natural or manmade. Other evidence, such as the claimed correlation between temperature and CO2, is circumstantial; during much of the 20th century the climate was cooling while CO2 levels were rising.

A forthcoming report by the Nongovernmental International Panel on Climate Change (NIPCC), of which I am the editor, may provide needed balance. An independent organization, not sponsored by the United Nations, national governments, or industry, NIPCC—which includes many IPCC authors and expert reviewers—was created to provide a second opinion on the IPCC’s official findings, much as a physician’s diagnosis may warrant a second opinion.

Drawing on peer-reviewed publications in major scientific journals, NIPCC examined the data used in IPCC’s May 2007 climate-change assessment, as well as research ignored in the IPCC report or published subsequent to its release. NIPCC concludes that “evidence” to support public hysteria about human-caused greenhouse warming does not hold up to scrutiny. Among the findings, expected to be published early this spring:

* Human activities—such as transportation and industrial production—contribute little to global warming. The claim that greenhouse gas emissions are responsible for rising global temperatures is based on computer models. But as NIPCC confirms, key temperature readings contradict the models. For example, while all greenhouse models show temperature trends rising with altitude in the tropical troposphere—the lowest portion of the Earth’s atmosphere—weather balloon data show the opposite: a cooling trend. The models are wrong.

* Greenhouse warming has been significantly overestimated. NIPCC has found that the models exaggerate the warming effect of greenhouse gases by ignoring “negative feedback” from—that is, the possible cooling effects of—clouds and water vapor. Taking this into account, greenhouse warming might amount to no more than one-half of 1 degree Celsius by 2100, well within the climate’s normal range of ups and downs.

* The leading cause of observed climate warming appears to be variability of solar emissions and solar magnetic fields. The U.N. panel ignored substantial recent research on the effects of solar activity on climate change. This evidence suggests climate changes are essentially unstoppable and cannot be influenced by controlling CO2 emissions.

* Government efforts to curb greenhouse gas emissions will have little effect on the environment. The requirements of the 1997 Kyoto Protocol and the 2007 Bali Climate Declaration cannot influence the natural factors controlling the climate. Similarly, massive government efforts to replace fossil fuels with ethanol, biodiesel, and wind and solar power will little effect the climate. Besides, they are uneconomic and require large subsidies.

In view of these findings, the Justice Department should appeal the 9th Circuit’s ruling to the Supreme Court. Doing so would also provide an opportunity for the high court to revisit its April 2007 decision in Massachusetts v. EPA—in which it ruled that the Environmental Protection Agency has the authority to regulate CO2 as a pollutant.

This time around, the White House should be better prepared to argue its case. Science is on its side.

S. Fred Singer, an atmospheric physicist, is Research Fellow at the Independent Institute, Professor Emeritus of Environmental Sciences at the University of Virginia, and former founding Director of the U.S. Weather Satellite Service. He is author of Hot Talk, Cold Science: Global Warming’s Unfinished Debate (The Independent Institute, 1997).

Dr. James L. Payne is Research Fellow at the Independent Institute and Director of Lytton Research and Analysis and author of numerous books, including A History of Force: Exploring the Worldwide Movement Against Habits of Coercion, Bloodshed, and Mayhem,and he has taught political science at Yale University, Wesleyan University, Johns Hopkins University, and Texas A & M University.

Randal R. Rucker is Research Fellow at the Independent Institute, Professor of Agricultural Economics and Economics at Montana State University, and co-author (with E.C. Pasour, Jr.) of Plowshares & Pork Barrels: The Political Economy of Agriculture.

Charles V. Peña is Senior Fellow at the Independent Institute as well as a senior fellow with the Coalition for a Realistic Foreign Policy, senior fellow with the George Washington University Homeland Security Policy Institute, and an adviser on the Straus Military Reform Project.

William Ratliff is Adjunct Fellow at the Independent Institute, Research Fellow at Stanford University's Hoover Institution, and a frequent writer on Chinese and Cuban foreign policies.

Ivan Eland is Director of the Center on Peace & Liberty at The Independent Institute and Assistant Editor of The Independent Review. Dr. Eland is a graduate of Iowa State University and received an M.B.A. in applied economics and Ph.D. in national security policy from George Washington University. He has been Director of Defense Policy Studies at the Cato Institute, Principal Defense Analyst at the Congressional Budget Office, Evaluator-in-Charge (national security and intelligence) for the U.S. General Accounting Office, and Investigator for the House Foreign Affairs Committee. Full Biography and Recent Publications

Jonathan J. Bean is Research Fellow at the Independent Institute, Professor of History at Southern Illinois University, and editor of the forthcoming book, Race and Liberty: The Classical Liberal Tradition of Civil Rights.

Anthony Gregory is a Research Analyst at The Independent Institute. He earned his bachelor's degree in American history from the University of California at Berkeley and gave the undergraduate history commencement speech in 2003. In addition to his work with the Independent Institute, he regularly writes for numerous news and commentary web sites, including LewRockwell.com, Future of Freedom Foundation, and the Rational Review.
Full Biography and Recent Publications

Dominick T. Armentano is professor emeritus in economics at the University of Hartford (Connecticut) and a research fellow at The Independent Institute in Oakland, Calif. He is author of Antitrust & Monopoly (Independent Institute, 1998).

Alvaro Vargas Llosa is director of The Center on Global Prosperity at The Independent Institute. He is a native of Peru and received his B.S.C. in international history from the London School of Economics. He is widely published and has lectured on world economic and political issues including at the Mont Pelerin Society, Naumann Foundation (Germany), FAES Foundation (Spain), Brazilian Institute of Business Studies, Fundación Libertad (Argentina), CEDICE Foundation (Venezuela), Florida International University, and the Ecuadorian Chamber of Commerce. He is the author of the Independent Institute books The Che Guevara Myth and Liberty for Latin America. Full biography and recent publications.

Pierre Lemieux is an economist and co-director of the Economics and Liberty Research Group at the Université du Québec en Outaouais and a Research Fellow at The Independent Institute in Oakland, California.

Alexander Tabarrok is research director at The Independent Institute, associate professor of economics at George Mason University, editor of the Independent Institute books, Entrepreneurial Economics, The Voluntary City (with D. Beito and P. Gordon), and Changing the Guard: Private Prisons and the Control of Crime.

Robert Higgs is Senior Fellow in Political Economy at The Independent Institute, author of Against Leviathan and Crisis and Leviathan, and editor of the scholarly quarterly journal, The Independent Review. Click here for a bio on Dr. Higgs, the noted economist and historian.

William Marina is Research Fellow at the Independent Institute in Oakland, Calif., and Professor Emeritus of History at Florida Atlantic University.

David T. Beito is a Research Fellow at The Independent Institute, Associate Professor of History at the University of Alabama, and co-editor of the book, The Voluntary City: Choice, Community and Civil Society.

William Marina and David T. Beito belong to "Liberty and Power," a group blog at the History News Network.

For further articles and studies, see the Center on Peace & Liberty and OnPower.org.

Nicolas Heidorn is a public policy intern at The Independent Institute in Oakland, California.

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