White House insists legally binding UN climate agreement is ‘not’ a treaty

earnestThe New York Times reported yesterday that Secretary of State John Kerry is working closely with his “foreign counterparts” to ensure that the UN-backed climate change deal “does not legally qualify as a treaty,” which would require Senate approval. Obama “pledged” yesterday that the United States will reduce its carbon dioxide (CO2) emissions by up to 28%, using executive orders and federal agencies to bypass congressional approval. Even EPA head Gina McCarthy said the “regulations are likely to be litigated all the way to the Supreme Court.”

Michael Bastasch, a reporter at The Daily Caller, writes that White House spokesperson Josh Earnest said Tuesday “that senators who ‘deny’ man-made global warming probably shouldn’t have any say over an international agreement to cut carbon dioxide emissions.” Earnest said at the press briefing that many of the Senators at least, “deny the fact that climate change even exists. So I’m not sure they would be in the best position to decide whether or not a climate change agreement is one that is worth entering into.”

The UN climate plan has been under attack by both businesses and Congress because it allows China, which has one of the worst pollution records, to get a free pass at least until the year 2030. The pledge made by Obama has been calculated to reduce the planet’s temperature by 2/100 of one percent. Many industrialized nations haven’t pledged their participation in the plan while developing nations argue it impedes on their right to advance their countries forward. With Republicans holding majorities in both houses, and global warming ranking dead last among voters in Gallup’s yearly environmental poll, Obama is still forging ahead to keep a campaign promise from his first presidential election.

Earnest also told reporters that “the kind of agreement that the president succeeded in striking with China, and is implementing here in the United States, is one that will have a positive impact on carbon pollution, will have a positive impact on trying to make the air safer for Americans here in our country. And will have a positive impact on our economy. That’s why the president is pursuing this so aggressively. We certainly would welcome any kind of support that we could get from Congress on that measure.” (see video)

Kerry is ensuring that the deal does not meet the legal definition of a treaty, even though the upcoming talks, called COP21 or CMP11 and being held in Paris, France, in December 2015, are moving forward as a global climate treaty among participating nations. This would surpass the landmark Kyoto Protocol (KP) that was adopted in Kyoto, Japan, in December 1997, but has only been in force since 2005. The KP, unlike the upcoming Paris talks, only encourages industrialized countries to stabilize CO2 emissions.

But the United Nations website writes in a press release that this new “global climate change agreement in Paris” will force every participating country to “contribute now and into the future, based on their national circumstances, to prevent global warming rising above 2 degrees Celsius and to adapt societies to existing and future climate change.” The 2 degrees Celsius limit has been under contention since Earth has gone through millionfold periods with much higher temperatures and CO2 levels, producing historical levels of biodiversity and flourishing ecosystems.

UNFCCC Executive Secretary Christiana Figueres said, “Paris needs to puts the world on a recognizable track to peak global emissions as soon as possible, achieve a deep de-carbonization of the global economy and reach a climate neutral world in the second half of this century at the latest.” This new agreement includes, “mitigation, adaptation, finance, technology, capacity building, and transparency of action and support.”

The release also said that Cyclone Pam “brought into sharp focus the human consequences of the threats of climate change and disasters.” Unfortunately, scientists have disagreed with this assessment, noting that there has been a lull in cyclonic activity, not to mention hurricane activity. As first reported by Bastasch, Kerry Emanuel, a professor of atmospheric science at the Massachusetts Institute of Technology, wrote that the “roughly thirty year period over which we have reliable re-analyses and satellite measurements [for tropical cyclones] is too short to rule out the influence of natural climate variability.”

Reporters repeatedly asked Earnest if the climate agreement would need the Senate’s approval, as required by the U.S. constitution. Earnest deflected reporters’ questions by needling the Senate. “Well, again, I think it’s hard to take seriously from some members of Congress who deny the fact that climate change exists, that they should have some opportunity to render judgment about a climate change agreement.”

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  • Avatar

    Amber

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    What Ernest the idiot doesn’t get is that the majority of USA citizens voted into office are Republicans .

    The Democrat President does not have the authority to by pass that duly elected majority . The unilaterally commitment is an breach of the Constitution and completely unenforceable .

    It is nothing more than a hollow piece of propaganda from a President and Party free falling out of office .

    Reply

  • Avatar

    JayPee

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    Tell a**h*** – in – chief O’Bama to call a good lawyer to explain it to him. That is, of course, if he knows of any.

    Reply

  • Avatar

    GR82DRV

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    Obama doesn’t view the Constitution as a set of guardrails to keep government on the right track. He views the Constitution as nothing more than an annoying speed bump to be driven over at will.

    When you are as compassionate and enlightened as he is the law just doesn’t matter.

    Reply

  • Avatar

    Amber

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    Obama will be looking for a place to land and you can bet it will be in the climate propaganda industry with a few of his closest friends .

    Reply

  • Avatar

    Dan Pangburn

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    If CO2 was a forcing, the average global temperature (AGT) would change according to the time-integral of the CO2 level. AGT would have increased and stayed up during the previous glaciations and interglacial periods. That it didn’t, demonstrates that at least up to 280 ppmv, CO2 does not cause warming. Application of this analysis methodology to the AGT and CO2 levels for the entire Phanerozoic eon (about 542 million years, graphed at http://www.geocraft.com/WVFossils/Carboniferous_climate.html ) proves that CO2 levels up to at least 6 times the present will have no significant effect on average global temperature.

    Proof that CO2 has no significant effect on climate and identification of the two factors that do are disclosed at http://agwunveiled.blogspot.com

    Reply

    • Avatar

      JayPee

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      Dan, your points are well taken and I agree with your argument , BUT

      This article is about whether the self perceiving G-d – on – earth O’Bama figure has any authority to do what he obviously wants arrogate unto himself.

      Reply

      • Avatar

        JayPee

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        somehow didn’t put ” to ” between “wants ” and ” arrogate ” .

        anyway also

        why not the public declaration :

        OBAMA IS NOT G-D

        Reply

        • Avatar

          Dan Pangburn

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          I feel pretty much the same as you about the self-anointed.

          If enough people can realize the proof that CO2 has no significant effect on climate perhaps the damage can be stopped.

          Reply

  • Avatar

    Amber

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    It’s nice to know that all the other countries participating in this travel road show scam are just “pledging ” emission reductions because many refer to the proposal as a ” legally binding agreement”.

    Trying to pretend it is anything less than the Kyoto Protocol which was a treaty the USA has already refused to ratify is disingenuous . Changing the name from Kyoto to Paris does not hid the fact that the essence of the document is a legally binding commitment by those Countries participating to do what the Kyoto Treaty intended .

    The current attempt to circumvent the law by putting new sheep skin over the same wolf is an egregious abuse of power by an increasingly neutered political party.They would not dare take this overblown scam to be ratified .

    At least the last times both the Democrats and the Republicans knew and agreed this type of agreement would cost the USA $Trillions and needed to be ratified or it had no weight at all .

    Obama can “pledge ” a 100% reduction and the complete destruction of the USA economy while he is at it but the pledge is wall paper .

    Reply

  • Avatar

    John Wilder

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    Obama thinks that he got elected to the
    dictator in chief or King. The fact that the election drove Dems out in droves does nothing to persuade him. What he really is, is the narcissist in chief

    Reply

  • Avatar

    Amber

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    It’s very kind of Obama to hand the Republicans such broad reaching “executive order” powers .

    Democrats will have no complaints then when Republicans “reverse Obama’s “pledges “
    by “executive order ” even if the Courts were to find no deliberate attempt to circumvent the USA Constitution .

    Precedent has been set with the Kyoto Protocol . Both the Democrats and Republicans knew they needed congressional approval or the document held no legally enforceable weight .

    Changing the document name or introducing a few weasel words cannot disguise what the Democrats are trying to pull .

    Knowingly attempting to circumvent the USA Constitution, and causing the financial damages that arise, will result in claims and consequences bourn directly by the perpetrators .

    The Democrats are considering a path that can lighten the wallets of their $ Billionaire donors in yet another gift to the Republicans .

    More importantly voting citizens will not even be consulted or approve $ trillions in costs as a potential consequence of the “pledge “.

    Reply

    • Avatar

      Gator

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      The dhimmcrats only hope…

      [img]http://americaneagletradinginc.com/images/Products/BStickerMonicaExBoyfriendWifePresident.gif[/img]

      Reply

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