Caught! But Not Stopped! California Truckers Still Emperiled by Air Quality Regulations Based on Deception!

 

EPA’S GINA MCCARTHY AND CARB’S MARY NICHOLS—“BIRDS OF A FEATHER” RECKLESSLY REGULATE AMERICAN JOBS AND ECONOMICS WITH NO REGARD TO ETHICS AND CREDIBILITY

  • EPA ADMITS THERE IS NOT SUFFICIENT EVIDENCE TO SUPPORT CREDIBILITY OF STUDIES USED AS BASE FOR AIR QUALITY RULES.
  • CARB ACKNOWLEDGES THAT MAN RESPONSIBLE FOR DIESEL EXHAUST STUDY LIED ABOUT HIS CREDENTIALS—AND THAT DIRECTOR WITHHELD THE FACT FROM VOTING CARB MEMBERS.

When the California Air Quality Board (CARB) issued its arbitrarily restrictive diesel exhaust regulations, it subjected truckers in California to an economic disaster “just because”—-certainly not because of any credible scientific evidence to support health improvement claims, and assuredly not because of  credible economic evidence that the cost is not prohibitive.

Californians who still believe that reason, common sense and the law will trump overzealous bureaucrats have been startled to see CARB lead the EPA into the establishment and implementation of the exhaust rule.  Perhaps they wouldn’t have been shocked had they pondered the entwined history of Mary Nichols (Director of CARB) and the all star cast at EPA:

  • Lisa Jackson, former Administrator of EPA, resigned pending investigations of her using a false name, Richard Windsor,  for email exchanges so that her messages would be protected from Freedom of Information Requests, (The agency actually gave fictitious “Richard Windsor” an award for high level performance and integrity),
  • John Beale is given credit for devising the National Ambient Air Quality Standards in 1997 (designed to establish and regulate particulates damaging to personal health and the environment). This was no doubt the most controversial, costly, and unnecessary regulation ever issued by a regulatory bureaucracy. It affects every element of our economy, eliminating jobs and industries without credible evidence that either public health or the environment benefits. With co-workers Mary Nichols and Carol Browner, he set the particulate 2.5 level.
  • According to the report issued by the minority staff of the Senate Committee on Environment and Public Works, Beale was not in the slightest qualified to develop such standards.  His background included no “legislative or environmental experience policy experience, [and he had] wandered between jobs at a small town law firm, a political campaign and an apple farm.”  (Justin Sykes, “EPA U.S. Environmental Protection Agency Emergency Response Command Post”, PERMALINK, March 20, 2014, quoting from the Report issued by the Senate Committee on Environment and Public Works)
  • The Report asserts that the evidence available to the Committee shows that Beale’s primary motive in developing the NAAQS was not to help the environment, air quality or human health, but “his own self interest”.  The Report states:  “Evidence suggests that Beale used the NAAQS as a vehicle for his own self aggrandizement and rose above reporting just to Brenner[a co-worker supervisor] and began to work alongside Mary Nichols, the Assistant (AA) for OAR at the time.”   The OAR is the office of air resources where both Nichols and Gina McCarthy served the extremist cause long and well.
  • Beale was later imprisoned for drawing full EPA salary while he was absent from the EPA, pretending that he was an agent of the  CIA,
  • Gina McCarthy, current administrator of the EPA, finally had to admit to the Congress that EPA had no raw evidence supporting the climate rules such as the PM(2.5) now in effect in California.  In earlier testimony, McCarthy carefully dodged questions as to why and how CARB was given such a highly visible role, even a leading role, in devising air quality rules.
  • McCarthy and Nichols (then at CARB) worked together to extort the auto industry cooperation with a National motor vehicle program administered by EPA, NHTSA and CARB.   The agencies threatened to impose a potential 50 state hodgepodge of fuel rules unless the industry agreed to the national program.   None of the evidence of negotiations for this “historic agreement” (so named by President Obama) was documented.   Mary Nichols said to the New York Times:  “We put nothing in writing ever.”  (See post “Gina McCarthy’s Responses to Sen. Vitter’s Questions Part II: Fuel Economy” in Cooler Heads Digest, by Marlo Lewis, May 15, 2013)
  • When Lisa Jackson decided to resign rather than face the inquiries about her use of the false e-mail name, President Obama considered Nichols for appointment as administrator of the EPA.  The threat of a huge outpouring of congressional dissent, from both sides of the aisle, drew him, instead to Nichols’ cohort, Gina McCarthy.
  • Nichols became California’s Resources Secretary and then was appointed to the California Coastal Commission by Governor Gray Davis just before his recall.  From there she returned to the California Air Quality Board, a position from which she obviously can still arbitrarily lead the EPA in devising economically destructive regulations.

McCarthy and Nichols not only worked together, they seem to have developed the same level of government ethics.   After her appointment as Administrator, McCarthy glowingly told the Congress that unshakeable scientific evidence supported the particulate standard of PM(2.5).  But, after the Science Committee issued its first subpoena in over two decades, and after stonewalling the Committee for nearly two years, she finally had to admit that the EPA could not produce sufficient evidence to support the Standard.

The Committee sought the raw study data on which the Harvard Six Cities and the American Cancer Society studies were based.  These are the two studies on which the EPA and CARB rely as the solid, scientific base for regulations like the diesel exhaust rule.  McCarthy finally replied:

“The EPA acknowledges, however, that the data provided are not sufficient in themselves to replicate the analyses in the epidemiological studies, nor would they allow for the one to one mapping of each pollutant and ecological variable to each subject.”(McCarthy letter to Chairman Smith, March 7,2014)

McCarthy’s duplicity is perhaps overshadowed by Nichols’ discovering that the staff “scientist” who is primarily responsible for the study justifying the exhaust rule lied about his credentials when he was employed.  In May, 2008, CARB released a report by Dr. Hien Tran that set forth the quantitative and qualitative methodology for estimating premature deaths from being exposed to particulates.  Than claimed that he held a doctorate in statistics from University of California, Davis, when in fact he possessed only a “pay for” doctorate ordered from a ups box number in Manhattan.  (The certificate evidencing a doctorate from “Thornhill U” cost $1,000 according to a blog post by Chris Hill for U-T San Diego, September 6, 2009)

In December, 2008, CARB unanimously voted to enact the rule.  Prior to that time, Mary Nichols knew of Tran’s subterfuge, but did not reveal it to the public or to Board members.  She admits that she knew about it before the vote, but didn’t reveal it because it would have been a distraction to the members of the Board who were voting.

So, the diesel exhaust rule that will drive virtually every independent California trucker out of business is based upon the work of Beale, an unqualified felon who developed it in order to get ahead in the EPA, and on a study prepared by Tran, a person who lied about having a doctorate degree from a prestigious California university.

Is that the way the system should work?  Of course not.  Both McCarthy and Nichols, and their staffs, have repeatedly violated Executive Orders insisting on integrity and transparency.  They have also violated the Data Quality Act because the tactics set forth above cannot meet the verification requirements set forth in that Act.

But it is the way the system works under the umbrella of lawlessness spread by the EPA—called by author William Perry Pendley “the most lawless agency in a lawless administration.”  (Address delivered to the 2014 Spring Banquet of Spokane County Property Rights Association, Spokane Riverside Conference Center).

While the future of the rules remains uncertain because of the fraudulent bases upon which they stand, what is certain is the economic damage that will befall all independent truckers who operate from or in California.

The video “The Green Regulation Machine” shows graphically how independent truckers expect the worst under the CARB rules.

CALIFORNIAN TRUCKERS SUBJECTED TO RESTRICTIVE DIESEL EXHAUST RULE “JUST  BECAUSE”—-NO SCIENTIFIC EVIDENCE SUPPORTS HEALTH CLAIMS; NO ECONOMIC EVIDENCE SUPPORTS ESTIMATES OF LOW COST.

This month, the long battle of U.S. Senators to subpoena from the EPA the raw scientific evidence supporting imposition of the economics killer, PM 2.5 reached a battle plateau where the battling Senators stopped, took a deep breath and marveled at an audacious admission of EPA Administrator Gena McCarthy.

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