EPA’s Non-Politicized Science Benefits Americans

by H. Sterling Burnett


A direct challenge to the hardcore enviros who heretofore controlled and corrupted the agency.

President Donald Trump committed to fundamentally transforming the U.S. Environmental Protection Agency (EPA) from an agency producing politicized science to one instilling sound scientific standards for research. By doing so, Americans should expect improved environmental and health outcomes.

Currently, regulatory costs top $1.9 trillion annually, which amounts to $14,842 per U.S. household. That’s nearly $15,000 less for Americans to pay for health insurance, medical bills, education expenses, groceries, gasoline, or entertainment. Because the economic and social implications of regulations are profound, the science they are built upon must be impeccable.

Over the last few decades — under Republican and Democratic administrations — EPA formed a cozy relationship with radical environmental activists and liberal academic researchers. With the support of environmental lobbyists who despise capitalism (expressed by consumers’ free choices in the marketplace) EPA bureaucrats, in pursuit of more power and expanded budgets for the agency, funded researchers who, because they were largely dependent on government grants for the majority of their funding, were only too happy to produce results claiming industry was destroying the earth.

Of course, the only way to prevent environmental collapse was more government control of the economy. However, these reports were produced despite the fact poverty and hunger have steadily declined and people are living longer and more productive lives than ever before.

As Jay Lehr, a colleague and science director at the Heartland Institute told me once, “For decades, EPA has been a wholly owned subsidiary of the environmental left. Together, radical environmentalists and EPA bureaucrats, including the members of all their advisory panels, have used their considerable power to thwart American business at every turn.

Under Trump, EPA changed how it pursues science to pay greater fealty to the scientific method and remove temptations for scientific self-aggrandizement and corruption.

Not surprisingly, researchers, environmentalists, and bureaucrats, seeing their power curtailed and their gravy train ending, are crying foul saying the Trump administration is undermining science. However, in reality this is simply not true.

EPA’s scientific advisory panels are tasked with ensuring the research the agency uses to develop and justify regulations is rigorous, has integrity, and is based on the best available science.

To better ensure this, EPA ceased automatically renewing the terms of board members on various panels. EPA is now filling its scientific panels and boards on a competitive basis as each board member’s term expires.

This should improve the science EPA uses to inform its decisions, by expanding diversity — diversity of interests, diversity of scientific disciplines, and diversity of backgrounds — thus bringing in a wider array of viewpoints to EPA decision-making.

In addition, to reduce opportunities for corruption, EPA ceased allowing members of its federal advisory committees to apply for EPA research grants and instituted policies to ensure advisory panel members and grant recipients have no other conflicts of interest. It was always a foolish practice to allow those recommending, often determining, who gets EPA grants to also be in the running for those grants. However, this was business as usual at EPA, where grant makers awarded themselves, research teams they were members of, or their friends billions of taxpayer dollars over the years.

In April, then EPA Administrator Scott Pruitt declared “The era of secret science at EPA is coming to an end.” Pruitt proposed requiring the data underlying scientific studies used by EPA to craft regulations be available for public inspection, criticism, and independent verification.

For years, EPA bureaucrats have used the results of studies by researchers who would not disclose the data underlying their results to be examined and retested for confirmation or falsification. Fortunately, EPA is finally ending this unjustifiable practice.

Many scientists have objected to EPA’s new secret science policy because they claim the studies EPA uses have undergone “peer review.” However, the peer review process is often nothing more than other researchers, often hand-picked by the scientists whose research is being reviewed, sitting around in their ivory towers reading the reports and saying, “this looks okay or reasonable to me.”


Unless the reviewers are able examine the underlying data and assumptions, and attempt to replicate the results, peer review is unable to ensure the validity of studies used to underpin regulations. Absent transparency and replicability, peer review is hollow.

Another long overdue EPA regulatory reform was the decision to end exclusive use of the “Linearity No Threshold” (LNT) model when assessing the dangers of radiation, carcinogens, and other toxic substances in the environment. Going forward, EPA will incorporate uncertainty into its risk assessments using a variety of other, more realistic models.

The LNT model assumes there is no safe dose of ionizing radiation or exposure to various other chemicals or toxins. Relying on flawed studies from the effect of ionizing radiation on fruit flies from the 1950s, EPA and other regulatory agencies have used LNT as a basis for regulation of environmental clean-ups, setting safety standards for nuclear plants, and limiting low dose radiation treatments for medical patients, a policy that has cost lives and billions of taxpayer dollars.

Although science has progressed phenomenally since the 1950s, with copious amounts of research showing the LNT model is seriously flawed, EPA and other agencies never questioned the LNT standard. That is, until now.

In fact, adverse effects from low dose exposures to radiation and most other chemicals and potential toxins are often non-existent. Indeed, substances that may be harmful in large quantities can be beneficial in small amounts, a process known as hormesis.

In the commonly paraphrased words of Swiss physician and astronomer Paracelsus, “the dose makes the poison.” Vitamins, which are valuable in small quantities, and even water, which is literally necessary for life, can become deadly if too much of either is taken over a short period of time. Or consider sun exposure. While exposure to too much sunlight can contribute to skin cancer, sunlight is required to catalyze the final synthesis of Vitamin D, which strengthens the bones, helping prevent osteoporosis and rickets. There is also ample evidence sunlight can help fight depression and several skin and inflammatory ailments.

Replacing reliance on the untenable LNT model with other models of exposure and response will result in better safety and health protocols, potentially saving billions of dollars and thousands of lives each year.

In service of the American people and the pursuit of continued American greatness, science practices at EPA are improving under President Trump. One can only hope equivalent changes are adopted at other executive agencies so the regulations they produce are grounded in the best available science, free of political corruption and bureaucratic incentives for agency mission creep and growth.




The article first appeared here.

Climate Alarmists Get Two Strikes In Court — They Should Be Out

by  H. Sterling Burnett


In July, federal Judge John F. Keenan of the U.S. District Court for the Southern District of New York dismissed New York City's lawsuit against five major oil companies. The lawsuit sought to force the oil companies to help pay NYC's alleged costs associated with climate change.

Keenan's ruling was the second victory against municipal governments seeking to use the judiciary to address problems purportedly caused by climate change. The first triumph came in June, when Judge William H. Alsup of the U.S. District Court in San Francisco threw out a similar lawsuit against the same five companies — BP, Chevron, ConocoPhillips, Exxon Mobil, and Royal Dutch Shell — in a case brought by Oakland and San Francisco.

In the 23-page decision dismissing New York City's lawsuit, Keenan wrote climate change must be addressed by the executive branch and Congress, not by the courts. Although climate change "is a fact of life," Keenan wrote, "the serious problems caused thereby are not for the judiciary to ameliorate. Global warming and solutions thereto must be addressed by the two other branches of government."

Keenan ruled New York's state and federal common law claims were prohibited under the Clean Air Act. He stated it would be "illogical" and would violate U.S. Supreme Court precedent to allow the claims under state common law "when courts have found that these matters are areas of federal concern that have been delegated to the executive branch as they require a uniform, national solution … (and) the Clean Air Act displaces the City's claims seeking damages for past and future domestic greenhouse gas emissions brought under federal common law."

In addition, Keenan determined NYC's lawsuit is unjustified because the city contributed carbon dioxide emissions and benefited from fossil-fuel use.

"(I)t is not clear that Defendants' fossil fuel production and the emissions created therefrom have been an 'unlawful invasion' in New York City, as the City benefits from and participates in the use of fossil fuels as a source of power, and has done so for many decades," wrote Keenan.

Climate policy is solely within the domain of the legislative and executive branches of the federal government, as two federal judges have amply demonstrated in their written decisions.

However, states and cities seem intent on banging their heads up against this legal brick wall.

On July 2, just a week after Alsup threw out a climate lawsuit brought by Oakland and San Francisco, Rhode Island filed a lawsuit against oil companies to recover the costs from supposed climate change. On July 20, just a day after Keenan dismissed NYC's lawsuit, Baltimore sued oil companies for climate change expenses in Maryland. Furthermore, New York City, Oakland, and San Francisco plan to appeal their cases' dismissals.

Climate Change Lawsuits: A Waste

Apparently, these cities and states have no serious problems — such as crime, budget shortfalls, and education woes — for which the resources devoted to these lawsuits might be better used, or their leaders just don't care if they waste taxpayers' money on frivolous lawsuits. It seems as though the several attorneys general pursuing these pointless lawsuits are so caught up in the grip of climate mania, they just can't let go, the law be damned.

Or perhaps the lawsuits are simply an attempted shakedown of an industry with deep pockets. These cities and states desperately hope oil companies will ultimately settle out of court, agreeing to pay billions of dollars and promising not to fight climate change legislation in the future.

Furthermore, these out-of-touch environmental zealots want to force oil companies to shift their investments from fossil fuels to politically connected, highly subsidized green-energy power sources. Oil companies have not succumbed to these outrageous demands yet, and it seems unlikely they will any time soon, with their continued profitability and their very existence at stake — as well as two legal wins under their belt.

It is long past time to end this game of legal whack-a-mole. Alsup and Keenan should require cities to pay the court costs, attorney fees, and other expenses incurred by oil companies thus warning municipal and state climate zealots seeking big paydays there is a price to pay for wasting courts' time.



Burnett, Ph.D. is a senior fellow on energy and the environment at The Heartland Institute, a nonpartisan, nonprofit research center headquartered in Arlington Heights, Illinois.

What You Need to Know About EPA’s New Boss Andrew Wheeler

by H Sterling Burnett


Former Administrator Scott Pruitt’s resignation from the Environmental Protection Agency (EPA) marked the end of a productive but tumultuous period for the agency. The good news? Pruitt’s replacement, Andrew Wheeler, will likely continue the needed reforms Pruitt began. In the immortal words of The Who, “Meet the New Boss, Same as the Old Boss.”

However history judges Pruitt’s tenure at EPA, critics and supporters can agree he initiated a series of efforts to fundamentally transform the antiquated agency. He ended sue-and-settle agreements; reshaped its science advisory committees; reduced graft; and rolled back myriad regulatory actions, including the Clean Power Plan, the Waters of the United States (WOTUS) rule, the massive increase in the Corporate Fuel Economy Standard (CAFE), and various energy efficiency mandates for appliances. Thanks to Pruitt, EPA is finally changing how it conducts business.

You might be concerned that Pruitt’s absence could result in a complete change in course, but fear not! President Donald Trump’s energy and environment agenda will not substantively change with Wheeler’s ascension to the agency’s top post.

Sadly, and not surprisingly, environmental zealots treated Wheeler’s appointment as though it is the end of the world. A Huffington Post headline stated, “Scott Pruitt’s Replacement Is Even Worse.” In the article, Frank O’Donnell, president of the left-wing group Clean Air Watch, stated, “This is like rearranging deck chairs on the environmental Titanic.”

The Left’s histrionic response to Wheeler mirrors its response to Trump’s nomination of Brett Kavanaugh as associate justice to the U.S. Supreme Court. Regardless of an appointee’s qualifications, anyone Trump nominates to lead the EPA will inevitably be tarred and feathered by the Left and braded a climate-change-denying polluter. 

Environmentalists dread Wheeler for the same reason small-government advocates applaud him: Wheeler could be even more effective than Pruitt at rolling back onerous regulations. EPA’s new chief has significant experience working within and outside of the agency. In fact, Wheeler won awards for his work at the agency between 1991 through 1995. Subsequently, Wheeler worked as majority staff director and chief counsel at the Senate Committee on Environment and Public Works, with EPA oversight. Wheeler will be more than capable to rein in EPA overreach.

The regulatory rollback at EPA started under Pruitt is expected to increase with Wheeler at the helm. EPA is currently working on overhauling CPP, WOTUS, and CAFE to improve transparency and ease compliance with commonsense guidelines.

In his short time as the agency’s acting administrator, there has been no shortage of statements supporting Wheeler as a more disciplined, less scandal prone replacement for Pruitt.

“We have full confidence in Andrew both from his past experience and the job he has done at EPA,” Myron Ebell, director of the Center for Energy and Environment at Competitive Enterprise Institute, told the Washington Examiner. “We think he will carry on the Trump reform agenda in a really competent way.”

“For the top people at the EPA, the various Pruitt accusations have been a real challenge and a distraction,” Ebell continued. “Once Pruitt is gone, and Andrew is in charge, people will get back to doing their jobs everyday rather than accusations.”

“With Andy Wheeler stepping in to replace Pruitt, I think we’ll see a change in style but not in substance,” Jeff Holmstead, a former deputy administrator of the EPA in the George W. Bush administration, told the Washington Examiner. “Andy probably is the ideal person to lead EPA at this point.

“Pruitt got a lot of regulatory reforms started, but he’s never worked a regulatory agency and didn’t fully understand the administrative process and what it would take to get them finalized. Andy certainly does,” Holmstead said. “He’s worked on these issues for years and may actually be more effective than Pruitt when it comes to carrying out the reforms that Pruitt started.”

No one knows exactly what Wheeler’s tenure might mean for EPA climate policy. Driven by the endangerment finding, EPA has begun the process of drafting a replacement of CPP. However, if Wheeler’s past statements are any indication of EPA’s future actions, it seems like sound science will replace climate alarmism.

The Huffington Post notes in 2010, while working for the Senate, Wheeler “accused the U.N. Intergovernmental Panel on Climate Change of blurring ‘the lines between science and advocacy’ and functioning ‘more as a political body than a scientific body,’ suggesting EPA could ‘reconsider its endangerment finding without almost exclusively relying upon the IPCC.’”

All Trump administration officials operate under an intense (and biased) media spotlight. It is difficult, if not impossible, for any Trump appointee to stay below the radar, but if anyone can remain effective and ethical, Andrew Wheeler certainly can. With his knowledge of the inner-workings of EPA’s regulatory processes and his low-key, non-confrontational style, Wheeler can complete the job Pruitt started and restore the EPA back to its mission:protect human health and the environment.



Trackside - Why the Incadescent Bulb Ban Amounts to Nothing

   by J.  D'Aloia


Elected officials often introduce laws for the sole purpose of having a piñata to bash for the cameras and the folks back home. Congressman Poe in the linked video is certainly making such use of the law banning incandescent light bulbs - I did not research to find out how he voted, but it matters not - he is making the most of it for his time in front of the camera.

My cynical side says the law was applauded by the environmental Luddites not because compact fluorescent light bulbs were reducing the dreaded greenhouse gases, but because the law was a means to further control society. Such is their goal. Demand changes in what society uses and how they use it to satisfy some environmental talking point. When the change has been ordained by a sycophantic legislative body, then raise a new issue and demand that new laws placing further control over society be enacted to counter the threats now spotlighted. More rules, more government, more taxes, less freedom.

Another cynical wonderment - why all the fuss about broken CFLs? Why has it not all played out for fluorescent tubes? They too have mercury in similar amounts. There has not been an avalanche of reports of people suffering from mercury poisoning from broken fluorescent tubes or moon-suited technicians cleaning up the family room after a tube was broken. Could it be that within the grand strategy, the timing was not right to play the poison card? And with LED light bulbs coming on the market, with an even greater energy efficiency (and much higher cost than CFLs), will CFLs be banned next? 

‘Tis a tempest in a teapot. CFLs do have a place in the grand scheme of things, especially for those lights the replacement of which is an all-day project, or if the spectrum you want cannot be obtained with an Edison special, or if your lighting demands are such that the cost vs. energy saved equation comes out to your benefit. Prudent respect for the dangers mitigates the dangers.

Tacitus nailed it in the First Century AD: "Corruptissima republicae, plurimae leges" - The worse the state, the more laws it has.

See you Trackside.