• Privacy Policy
  • About Us
  • Contact Us
Climate Change Dispatch
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • 97% – Myth of the Climate Change Consensus
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us
No Result
View All Result
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • 97% – Myth of the Climate Change Consensus
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us
No Result
View All Result
Climate Change Dispatch
No Result
View All Result

Going To Court Over The ‘Science’ Of Global Warming

by Francis Menton
October 12, 2022, 3:01 PM
in News and Opinion
Reading Time: 5 mins read
A A
9
Share on FacebookShare on XwitterShare on Linkedin

gavel law courtIf you read this blog regularly, you likely are a follower of the global warming wars — the ongoing political struggle over government-led efforts in the US and elsewhere to transform the energy economy to get rid of fossil fuels and their associated “carbon emissions.”

Lately, those wars have been focused less on what might be called the “science” of global warming — that is, the extent to which human carbon emissions may be causing atmospheric warming and whether that warming might be dangerous — and more on issues of practicality and cost of the proposed energy transition. [bold, links added]

After all, as to the “science” issues, we are instructed endlessly by our politicians and media that the science of global warming is “settled.” So what’s the point of debating that anymore?

In the real world, the “science” behind the claim that human carbon emissions are heading us toward some kind of planetary catastrophe is not only not “settled,” but actually non-existent.

Nevertheless, debating that subject can quickly lead to arguments couched in technical jargon and mathematics that very few people will try to follow.

By contrast, almost anybody can quickly grasp why wind and solar electricity generation can’t work to power a modern economy and will multiply electricity bills by an order of magnitude.

But don’t get the idea that everybody has just given up on exposing the fake “science” behind the global warming scare.

In fact, the Manhattan Contrarian is on the job — along with a hardy band of intrepid warriors with whom I am associated.

On Friday of this week, my co-counsel and I, on behalf of a small group of plaintiffs, will be filing an opening appeal brief in the DC Circuit challenging the 2009 “finding” made by the EPA that emissions of CO2 and other greenhouse gases constitute a “danger” to human health and safety.

I’ll use this post to give a brief preview, with more detail to follow after the brief becomes public.

You’ll have to wait for Friday to get the full story. But for today, I’ll start with an appetizer of some background on where we are, plus some information on the serious nature of our team and support.

The night of June 3, 2008, was the occasion of Barack Obama’s speech at the Democratic convention accepting the party’s nomination for President.

The famous line from the pompous megalomaniac that night was “This was the moment when the rise of the oceans began to slow and our planet began to heal.”

After Obama became President in 2009, his EPA got right to work on the job of “healing the planet” (really, how foolishly arrogant can a person get?), and in December of that year, it issued a document known as the Endangerment Finding, declaring CO2 to be a “danger” to human health and safety.

The Endangerment Finding, by its own language, claimed to be based on three “lines of evidence.” (Two of the three are not actually lines of evidence at all as that term would normally be understood, but that’s a story for another post.).

Over the course of the Obama administration, a team of scientists led by a guy named James Wallace investigated the things that the EPA claimed as the basis for its finding, and began publishing a series of Research Reports on the results.

On January 20, 2017, (the first day of the new Trump administration), a group of plaintiffs called the Concerned Household Electricity Consumers Council (CHECC), represented by myself and my excellent co-counsel Harry MacDougald, submitted a Petition to EPA asking that the Endangerment Finding be rescinded.

The Petition, which you can read at the link, was based on the research findings of Wallace and his co-authors up to that time, as well as on publicly available economic data showing that the increasing amount of wind and solar electricity generation was driving up costs and making energy unaffordable for low-income people.

But the Trump administration never took the opportunity to review and rescind the Endangerment Finding.

During the course of Trump’s term, the CHECC group submitted no fewer than seven supplements to its Petition, citing new and increasingly definitive scientific research as it became available.

But we were never able to motivate the Trump EPA to act on the EF. Even after President Biden took office, our Petition and many supplements languished without action.

Finally, in April of this year, the Biden EPA denied the Petition. We filed a timely appeal, and the briefing of that appeal is currently underway.

And that’s how it comes to pass that only now, almost 13 years after the Endangerment Finding was issued, we are headed to a court hearing on whether that finding has any scientific basis, or, as we assert, is “arbitrary and capricious.”

I’ll save a review of the arguments made in our brief until after it becomes public. But meanwhile, I’m learning of some of the eminent scientists who are putting together an amicus brief in support of our position.

The CO2 Coalition is a group of real scientists who advocate for the position that CO2 is a beneficial gas. Its Chair is William Happer, the senior atmospheric physicist at Princeton.

Tom Sheahen is the head of the Science and Environmental Policy Project (SEPP) and also a member of the CO2 Coalition. Sheahen and the Coalition are collaborating on a brief.

SEPP’s October 8 newsletter contains a summary of a major 2021 paper by Happer and co-author William van Wijngaarden that completely undermines the fake “science” of the IPCC and EPA used to support the case of climate alarm.

It would be a reasonable bet that some of this might make it into the amicus. Some pithy quotes:

Sheahen specifically discusses the efforts of Professors William van Wijngaarden and William Happer in their pioneering work in calculating the real-world Global Warming Potentials (GWPs) of the five most common Green-House Gases (GHGs) and explains why the approach used by IPCC is faulty but nonetheless is used by its followers such as the US National Center for Atmospheric Research (NCAR) and the EPA. These faulty methods lead to great exaggeration of the greenhouse effect of carbon dioxide, methane, and other minor greenhouse gases…

Sheahen shows the stunning agreement between the calculations of van Wijngaarden and Happer (W & H) with satellite observations of outgoing infrared radiation emitted by the earth going to space…

Sheahen’s major point is that, because of the exceptionally good agreement between observational data and the calculations of W & H, we conclude that their model has now been validated. That embodies the scientific method. In that case, it is reasonable to use it to study other hypothetical cases. It is not possible to do so with IPCC models, which have never achieved agreement with observation…

The gist of the Happer/van Wijngaarden work is that the greenhouse effect of CO2 in the atmosphere is almost entirely saturated, such that additional CO2 can have almost no warming effect.

Here is a chart prepared by Sheahen to illustrate the Happer/van Wijngaarden results [click to enlarge]:

I would not expect much if any mainstream media coverage of our submissions, but you never know. It’s going to be a fun next couple of years.

Read more at Manhattan Contrarian

  • Truth
  • Twitter
  • Facebook
  • LinkedIn
  • Gettr
  • Threads
  • gab-logo Gab
  • Mastodon
  • Buffer
  • Telegram
  • Email
  • Copy Link
  • Share Using More Networks…
Share via
  • Facebook
  • Like
  • Twitter
  • Pinterest
  • LinkedIn
  • Digg
  • Tumblr
  • VKontakte
  • Print
  • Email
  • Reddit
  • Buffer
  • Love This
  • Weibo
  • Pocket
  • Xing
  • Odnoklassniki
  • WhatsApp
  • Meneame
  • Blogger
  • Amazon
  • Yahoo Mail
  • Gmail
  • AOL
  • Newsvine
  • HackerNews
  • Evernote
  • MySpace
  • Mail.ru
  • Viadeo
  • Line
  • Flipboard
  • Comments
  • SMS
  • Viber
  • Telegram
  • Subscribe
  • Skype
  • Facebook Messenger
  • Kakao
  • LiveJournal
  • Yammer
  • Edgar
  • Fintel
  • Mix
  • Instapaper
  • Copy Link
  • Truth
  • gab-logo Gab
  • Gettr
  • Baidu
  • Mastodon
  • Threads
  • Bluesky

Join our list

Subscribe to our mailing list and get interesting stuff and updates to your email inbox.

Thank you for subscribing.

Something went wrong.

We respect your privacy and take protecting it seriously

Related Posts

Extreme Weather

Climatologist Rebuts ‘Hottest Year Ever’ Claims: ‘Not Even Close’

May 16, 2025
Bipolar

Antarctic and Arctic Ice Trends Defy Climate Models And Dire Predictions

May 16, 2025
Energy

Pennsylvania Supreme Court Presses Officials On RGGI Carbon Tax

May 16, 2025

Comments 9

  1. David Lewis says:
    3 years ago

    Even under the presidency of Trump the EPA did not rescinded the Endangerment Finding. This is one example of Trump’s incompetence. For the EPA, NOAA, NASA, and the US representatives to the UN COP meetings, he failed to purge those organizations of the climate activists and replace them with competent people. He could have at least done that for the top positions. At the COP meetings the representatives for other nations were pleasantly surprise when they were dealing with the same US representatives that we had under Obama. Under President Trump NOAA and NASA continued their fraud and altered historical data to match the climate change narrative. Under Trump the Federal Government continued to give hundreds of millions of dollars to junk science where the only motivation was to validate that narrative.

    Given the choice between Trump and Biden (or Harris), Trump is still by far the best choice. I just wish that the Republican Party would come up with a better candidate.

    • Allan Shelton says:
      3 years ago

      Ron DeSantis of Florida appears to be a contender.

  2. Graham McDonald says:
    3 years ago

    From the article: “But the Trump administration never took the opportunity to review and rescind the Endangerment Finding.”

    First term presidents rarely take on the really big problems. Those they leave till their second term, when they’re no longer concerned about reelection.

  3. Alan Stewart says:
    3 years ago

    Gosh golly, gee whiz what’s wrong with you? The settled science says GHG’s will cause Apocalyptic Global Warming. We must switch to sustainable wind and solar. It’s obvious they will work and supply all of our energy needs.
    The latest GHG horror is Nitrogen based fertilizers. (0.03122ppm) Gotta go. Then Schwab, Gates et al will have their dreams realized, mass starvation to their prime target of 500m world population. With that number the sustainables will easily support world energy needs.
    It’s time for a worldwide Boston Tea Party.

  4. Barry Bateman says:
    3 years ago

    And you don’t know the half of it yet, Francis Menton. The two most important ingredients of our carbon-based life on earth are CO2 and water. Yet you will hear nothing in politics or television about this basic biological fact of life. I’m a farmer with a B.Sc. Advanced (biology). Biology is the science of life – of the living part of the environment. All life dies without CO2. Because all life is composed of little carbon sacks of water called cells. That carbon all comes from CO2. Any level of CO2 lower than 2,000ppm is a starvation level low. Any process that adds more CO2 to the environment (like fossil fuel use) is a green process. Because, as greenhouse growers know, adding up to 1600ppm CO2 to their operations makes life greener, stronger, more abundant, and drought tolerant. That is the science of CO2 fertility. That science applies just as much to the atmosphere as it does to greenhouses. Because life is literally made of CO2. The most abundant element in every species on earth is oxygen (from cellular H2O). The second most abundant is carbon (making the cellular sack structure of cells). In us, and every species on earth. Yet the vice president of the US just called the dangerously low levels of CO2 “pollution”! What colossal ignorance! And that ignorance is shared by the entire television media! A few decades ago the public got excited about the aspect of biology called “Ecology” (Dr. Patrick Moore’s – cofounder of Greenpeace) PhD. The basis of the modern environmental movement. Which is simply about the interrelationships of species and their environment in “ecosystems” of life. The most important process in life’s ecosystems, all of them, is photosynthesis. Whose green pigmented enzyme chlorophyll paints the “environment” green. Which converts solar energy into high energy sugar bonds (yes all of life’s energy is solar powered – directly or indirectly) and 100% of our atmosphere’s oxygen. (Without photosynthesis, including CO2, animal life could not exist) In my humble opinion, the next step necessary in politicians’ and the public understanding of the environment is the unbreakable relationship between the vast majority of the world’s energy (85%) – fossil fuels – and the living environment. The energy that has made us the best fed, longest living, most prosperous human beings that have ever existed. The colossally foolish believe that the energy that comes from life, and whose use recycles the basic ingredients of life – CO2 and water – can be replaced by energy that doesn’t work when the sun doesn’t shine and the wind doesn’t blow. Fossil fuels are our only green energy. I’ve just explained how. There is nothing green about solar panels and windmills. All they do on the grid is drive up energy costs and contribute more to inflation than any other deluded left-wing dreams. That is the very expensive technology our woke joke political leaders are trying to foist on the world. Bringing energy poverty deaths back to some of the richest nations on earth. And calling it “progress”.

    • Allan Shelton says:
      3 years ago

      Don’t you 200 ppm not 2000 ppm?
      I think you made an error.

      • David Murray says:
        3 years ago

        You are right.

  5. Randy Verret says:
    3 years ago

    Good initiative on rescinding the endangerment finding. I’m not a “STEM” guy, but I’m thinking the more scientific & technical data that is brought to light in the courts, the better. Facts & evidence MATTER in a courtroom as opposed to the alarmists “go to” of using hype in the court of public opinion.

  6. Dave O says:
    3 years ago

    These environmentalist are missing the mark. They should get back to basics, for instance, and tout better trash management. It is poor trash management that allowed rivers (which flow to the oceans) to become dumping grounds.

Stay Connected On Social Media

gab-logo

Donate Today

Beating back the alarmist narrative takes time and money. Please donate today to help!

Recent Posts

  • city summer sunClimatologist Rebuts ‘Hottest Year Ever’ Claims: ‘Not Even Close’
    May 16, 2025
    Media headlines say it's the hottest year ever—but the real climate story gets buried under data tricks, historical erasure, and narrative control. […]
  • Antarctica sea lionsAntarctic and Arctic Ice Trends Defy Climate Models And Dire Predictions
    May 16, 2025
    New data shows Antarctic ice is growing and Arctic sea ice has stabilized—raising serious questions about climate models and mainstream climate claims. […]
  • power lines electricityPennsylvania Supreme Court Presses Officials On RGGI Carbon Tax
    May 16, 2025
    Pennsylvania's high court grilled state officials about whether the money it wants to collect from the RGGI pact constitutes a fee or a tax. […]
  • german wind farmGerman Wind Slump Triggers Energy Losses, Industry Turmoil
    May 15, 2025
    Germany's wind power output plunged in 2025 as wind speeds hit a 50-year low, slashing profits and sparking doubts about energy reliability. […]
  • Geothermal PlantGeothermal Gold Rush: U.S. Digs Deep To Power the Future
    May 15, 2025
    America is racing to unlock geothermal energy using shale-era tech — and it could power AI, homes, and industry while cutting reliance on China. […]
  • mississippi floodingDebunking The Weather Attribution Theater Playbook
    May 15, 2025
    The media exaggerates climate change flooding in the Mississippi Valley, ignoring peer-reviewed science for so-called attribution science. […]
  • the climate change graph that liedExposed: The Global Warming Graph That Duped The World
    May 15, 2025
    This viral video exposes the truth behind the iconic climate change graph used to justify extreme policies and global warming panic. […]
  • gov kathy hochulTrump Dismantles Biden’s Climate Legacy While New York Chases Green Delusions
    May 14, 2025
    As Trump unravels Biden’s costly climate agenda, New York doubles down on its net zero fantasy despite no federal backing and no workable plan. […]
  • Hurricane WindsThe Media Hype Extreme Weather—But Data Tells A Different Tale
    May 14, 2025
    Despite rising alarm over extreme weather, Americans are safer than ever from natural disasters thanks to better forecasting, buildings, and tech. […]
  • gavel earth money courtTrial Lawyers To Swamp Louisiana Energy Sector With Climate Lawfare After Chevron Verdict
    May 14, 2025
    A $745M verdict in Louisiana's Plaquemines Parish kicked off a wave of lawsuits that could gut the state's energy sector under the guise of eco justice. […]

Get Instant Email Notifications

Enter your email address to receive notifications of new posts by email either instantly or daily. Check your Junk folder for any verification emails upon subscribing.

Submit a tip

Please enter your email, so we know you're human.

Books We Like

very convenient warming

exposing great lie

Have a suggestion? Let us know! We swap out books based on your input. We participate in the Amazon Services LLC Associates Program. See here.

  • About
  • Privacy Policy
  • Contact Us

© Portions copyright Climate Change Dispatch

Share via
  • Threads
  • gab-logo Gab
  • Mastodon
  • Buffer
  • Telegram
  • Email
  • Copy Link
  • Share Using More Networks…
No Result
View All Result
  • Home
  • Videos
  • Who We Are
  • Facts Vs. Fearmongering
    • Real science vs Junk Science
      • 1100-plus Peer-Reviewed Studies
      • 97% – Myth of the Climate Change Consensus
      • Michael Crichton: Aliens Cause Global Warming
      • Climate change and its causes
      • Climate Science Primer
      • CO2 is not pollution
      • Deceptive Surface Temperature Records
      • Editorial: Great Global Warming Hoax
      • Rules for Climate Radicals: Part 1
      • Rules for Climate Radicals: Part 2
      • Rules for Climate Radicals: Part 3
      • Why CO2 Is A Minor Player In Global Climate
      • Why Politicized Science Is So Dangerous
    • Facts Not Fear
      • A Simple Question For Climate Alarmists
      • Climate Change – The Facts
      • Climate Change Fears Are Empirically Baseless
      • Global Warming 101
      • Global Warming Q&A
      • Understanding The Medieval Warm Period
      • Ocean Cycles and Climate
      • Overview of Plate Climatology Theory
      • Precautionary Principle
      • Should We Celebrate Carbon Dioxide?
      • The Skeptics Handbook
      • Weather Versus Climate
      • Why I’m a GW skeptic
      • Winning the climate debate with facts
      • Why Aliens Cause Global Warming
    • Greenhouse FAQs
      • CO2, Plants, & Industry
      • How much have temps changed?
      • How much have temps changed?
      • How much have temps changed?
      • Is global warming real?
      • Measuring temperature
      • Swimming in CO2?
      • Scientists urge caution?
      • Today’s warming trend
      • Variations in temperature
    • Gore’s Greatest Goofs
      • Deconstructing the Truth
      • Fact-Checking Al Gore’s Latest Predictions
      • How Gore Created The Global Warming Hoax
    • Inside Real Climate
      • Closer look at the 97% Consensus
      • GW’s Amazing Story
      • IPCC gets failing grade
      • Real Climate Exposed!
      • Truth about Real Climate
      • We’ve Been Conned
      • What is there a 97% consensus about?
    • Behind the IPCC
      • 1,000 Scientists Dissent
      • Climategate: Caught Green-Handed!
      • Climategate Inquiries
      • Climategate Inquiries 2
      • NIPCC Report Now Available
      • Understanding the Climategate Inquiries
  • Submissions
  • Contact Us

© 2025 Climate Change Dispatch