A Free-Market Energy Blog

Supreme Court Global Warming Case: What Legislative History Reveals about Congressional Intent

By -- December 19, 2013

“The EPA acknowledges that the Timing Rule produces ‘absurd results’ that contravene congressional intent…. The Timing Rule clearly exceeds any discernible congressional intent and should be overturned.”

An amicus brief filed this week to the Supreme Court on behalf of five U.S. Senators argues that “Congress never intended for EPA to have authority to impose” Clean Air Act permitting requirements on stationary sources of greenhouse gases.

The brief, written pro bono by Theodore L. Garrett and Thomas R. Brugato of Covington & Burling LLP, bases its conclusion on my review of nearly 700 proposed bills on greenhouse gases that were introduced between 1989 and 2010.

Background on the Case

The Court in Utility Air Regulatory Group v. EPA is reviewing one question: “Whether EPA permissibly determined that greenhouse gas emissions from new motor vehicles triggered permitting requirements under the Clean Air Act for stationary sources that emit greenhouse gases.”…

Continue Reading

Let the PTC Expire: Letter and Signatories (100+ groups and counting)

By Robert Bradley Jr. -- December 18, 2013

“It is precisely the fact that the market does not respect vested interests that makes the people concerned ask for government interference.”

– Ludwig von Mises, Human Action (1940), p. 334 [4th Edition, 1966, p. 337].

Government goes to those who show up. The wind industry got there first (concentrated benefits, diffused costs). But the pro-consumer, pro-taxpayer, pro-freedom movement has staged an impressive counter attack against government-dependent cronyism. Energy politics dates from the mid-nineteenth century in the United States–but never has more than one hundred pro-liberty groups spoken with one voice before.

Will the wind Production Tax Credit expire as scheduled at the end of this year? The American Wind Energy Association (AWEA) hopes not. Why? Because continued expansion depends on the timing of this huge subsidy (see this graph by the editors of Real Clear Energy).

Continue Reading

California Energy Update: Part III

By -- December 17, 2013
  • California Valley Solar Ranch Mothballed Morro Bay Gas-Fired Power Plant
  • California Shifting Power Rate Increases from One Set of Customers to Another
  • California Cap and Trade Accused of Double Counting Emissions
  • Will Warren Buffet’s Hydro Prevent CA Electricity Crisis? Part 1;
  • Will Warren Buffet’s Hydro Prevent CA Electricity Crisis? Part 2
  • Will California’s Small is Beautiful Sink Water (and Energy) Plan?

Morro Bay Power Plant Mothballed by California Valley Solar Ranch – Trading Fish Larvae Kills for Bird and Insect Kills

“Another giant Dinosaur has gone extinct.
An ugly power plant that looks like one, I think.
For 58 years, it has been unnecessary.
Sucking all the fish out of my Estuary.
It took a bank of people who were not afraid to fight.
We punched it in the nose and sent it off into the night.

Continue Reading

Wind Power Unclothed: ‘Economics in One Lesson’ Applied (Hazlitt in 1946 versus AWEA today)

By -- December 16, 2013
Continue Reading

Textbook Government: Time for Real World Teaching?

By Robert Bradley Jr. -- December 13, 2013
Continue Reading

Linowes: Negative Pricing Distortions of Windpower

By -- December 12, 2013
Continue Reading

Privileged Tax Treatment of Industrial Wind Generation: Time to End

By Kevon Martis -- December 11, 2013
Continue Reading

Wind Power as ‘Misfit Technology’: Comments of Tom Stacy at IER Seminar

By Thomas Stacy II -- December 10, 2013
Continue Reading

AWED Energy & Environmental Newsletter: December 9, 2013

By -- December 9, 2013
Continue Reading

The Great Green Lie: CCS Today Is Not Like Scrubbers in the 1970s (Part II)

By William Yeatman -- December 6, 2013
Continue Reading