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Cassandras Feel An Urgent Need To Crush Your Lifestyle

12 Thursday Jan 2023

Posted by Nuetzel in Climate science, Environmental Fascism

≈ 1 Comment

Tags

Atmospheric Aerosols, Capacity Factors, Carbon Emissions, Carbon-Free Buildings, Chicken Little, Climate Alarmism, Coercion, Electric Vehicles, Elon Musk, Extreme Weather Events, Fossil fuels, Gas Stoves, Judith Curry, Land Use, Model Bias, Nuclear power, Paul Ehrlich, Renewable energy, rent seeking, Sea Levels, Settled Science, Solar Irradience, Solar Panels, Subsidies, Temperature Manipulation, Toyota Motors, Urban Heat Islands, Volcanic activity, Wind Turbines

Appeals to reason and logic are worthless in dealing with fanatics, so it’s too bad that matters of public policy are so often subject to fanaticism. Nothing is more vulnerable on this scale than climate policy. Why else would anyone continue to listen to prognosticators of such distinguished failure as Paul Ehrlich? Perhaps most infamously, his 1970s forecasts of catastrophe due to population growth were spectacularly off-base. He’s a man without any real understanding of human behavior and how markets deal efficiently and sustainably with scarcity. Here’s a little more detail on his many misfires. And yet people believe him! That’s blind faith.

The foolish acceptance of chicken-little assertions leads to coercive and dangerous policy prescriptions. These are both unnecessary and very costly in direct and hidden ways. But we hear a frantic chorus that we’d better hurry or… we’re all gonna die! Ironically, the fate of the human race hardly matters to the most radical of the alarmists, who are concerned only that the Earth itself be in exactly the same natural state that prevailed circa 1800. People? They don’t belong here! One just can’t take this special group of fools too seriously, except that they seem to have some influence on an even more dangerous group of idiots called policymakers.

Judith Curry, an esteemed but contrarian climate expert, writes of the “faux urgency” of climate action, and how the rush to implement supposed climate mitigations is a threat to our future:

“Rapid deployment of wind and solar power has invariably increased electricity costs and reduced reliability, particularly with increasing penetration into the grid. Allegations of human rights abuses in China’s Xinjiang region, where global solar voltaic supplies are concentrated, are generating political conflicts that threaten the solar power industry. Global supply chains of materials needed to produce solar and wind energy plus battery storage are spawning new regional conflicts, logistical problems, supply shortages and rising costs. The large amount of land use required for wind and solar farms plus transmission lines is causing local land use conflicts in many regions.”

Curry also addresses the fact that international climate authorities have “moved the goalposts” in response to the realization that the so-called “crisis” is not nearly as severe as we were told not too long ago. And she has little patience for delusions that authorities can reliably force adjustments in human behavior so as to to reduce weather disasters:

“Looking back into the past, including paleoclimatic data, there has been more extreme weather [than today] everywhere on the planet. Thinking that we can minimize severe weather through using atmospheric carbon dioxide as a control knob is a fairy tale.”

The lengths to which interventionists are willing to go should make consumer/taxpayers break out their pitchforks. It’s absurd to entertain mandates forcing vehicles powered by internal combustion engines (ICEs) off the road, and automakers know it. Recently, the head of Toyota Motors acknowledged his doubts that electric vehicles (EVs) can meet our transportation demands any time soon:

“People involved in the auto industry are largely a silent majority. That silent majority is wondering whether EVs are really OK to have as a single option. But they think it’s the trend so they can’t speak out loudly. Because the right answer is still unclear, we shouldn’t limit ourselves to just one option.”

In the same article, another Toyota executive says that neither the market nor the infrastructure is ready for a massive transition to EVs, a conclusion only a dimwit could doubt. Someone should call the Big 3 American car companies!

No one is a bigger cheerleader for EVs than Elon Musk. In the article about Toyota, he is quoted thusly:

“At this time, we actually need more oil and gas, not less. Realistically I think we need to use oil and gas in the short term, because otherwise civilization will crumble. One of the biggest challenges the world has ever faced is the transition to sustainable energy and to a sustainable economy. That will take some decades to complete.”

Of course, for the foreseeable future, EVs will be powered primarily by electricity generated from burning fossil fuels. So why the fuss? But as one wag said, that’s only until the government decides to shut down those power plants. After that, good luck with your EV!

Gas stoves are a new target of our energy overlords, but this can’t be about fuel efficiency, and it’s certainly not about the quality of food preparation. The claim by an environmental think tank called “Carbon-Free Buildings” is that gas stoves are responsible for dangerous indoor pollutants. Of course, the Left was quick to rally around this made-up problem, despite the fact that they all seem to use gas stoves and didn’t know anything about the issue until yesterday! And, they insist, racial minorities are hardest hit! Well, they might consider using exhaust fans, but the racialist rejoinder is that minorities aren’t adequately informed about the dangers and mitigants. Okay, start a safe-use info campaign, but keep government away from an embedded home technology that is arguably superior to the electric alternative in several respects.

Renewable energy mandates are a major area of assault. If we were to fully rely on today’s green energy technologies, we’d not just threaten our future, but our immediate health and welfare. Few people, including politicians, have any awareness of the low rates at which green technologies are actually utilized under real-world conditions.

“Worldwide average solar natural capacity factor (CF) reaches about ~11-13%. Best locations in California, Australia, South Africa, Sahara may have above 25%, but are rare. (see www.globalsolaratlas.info, setting direct normal solar irradiance)

Worldwide average wind natural capacity factors (CF) reach about ~21-24%. Best off-shore locations in Northern Europe may reach above 40%. Most of Asia and Africa have hardly any usable wind and the average CF would be below 15%, except for small areas on parts of the coasts of South Africa and Vietnam. (see www.globalwindatlas.info, setting mean power density)”

Those CFs are natural capacity factors (i.e., the wind doesn’t always blow or blow at “optimal” speeds, and the sun doesn’t always shine or shine at the best angle), The CFs don’t even account for “non-natural” shortfalls in actual utilization and other efficiency losses. It would be impossible for investors to make these technologies profitable without considerable assistance from taxpayers, but they couldn’t care less about whether their profits are driven by markets or government fiat. You see, they really aren’t capitalists. They are rent seekers playing a negative-sum game at the expense of the broader society.

There are severe environmental costs associated with current wind and solar technologies. Awful aesthetics and the huge inefficiencies of land use are bad enough. Then there are deadly consequences for wildlife. Producing inputs to these technologies requires resource-intensive and environmentally degrading mining activities. Finally, the costs of disposing of spent, toxic components of wind turbines and solar panels are conveniently ignored in most public discussions of renewables.

There is still more hypocritical frosting on the cake. Climate alarmists are largely opposed to nuclear power, a zero-carbon and very safe energy source. They also fight to prevent development of fossil fuel energy plant for impoverished peoples around the world, which would greatly aid in economic development efforts and in fostering better and safer living conditions. Apparently, they don’t care. Climate activists can only be counted upon to insist on wasteful and unreliable renewable energy facilities.

Before concluding, it’s good to review just a few facts about the “global climate”:

1) the warming we’ve seen in forecasts and in historical surface temperature data has been distorted by urban heat island effects, and weather instruments are too often situated in local environments rich in concrete and pavement.

2) Satellite temperatures are only available for the past 43 years, and they have to be calibrated to surface measurements, so they are not independent measures. But the trend in satellite temperatures over the past seven years has been flat or negative at a time when global carbon emissions are at all-time highs.

3) There have been a series of dramatic adjustments to historical data that have “cooled the past” relative to more recent temperatures.

4) The climate models producing catastrophic long-term forecasts of temperatures have proven to be biased to the high side, having drastically over-predicted temperature trends over the past two- to three decades.

5) Sea levels have been rising for thousands of years, and we’ve seen an additional mini-rebound since the mini-ice age of a few hundred years ago. Furthermore, the rate of increase in sea levels has not accelerated in recent decades, contrary to the claims of climate alarmists.

6) Storms and violent weather have shown no increase in frequency or severity, yet models assure us that they must!

Despite these facts, climate change fanatics will only hear of climate disaster. We should be unwilling to accept the climatological nonsense now passing for “settled science”, itself a notion at odds with the philosophy of science. I’m sad to say that climate researchers are often blinded by the incentives created by publication bias and grant money from power-hungry government bureaucracies and partisan NGOs. They are so blinded, in fact, that research within the climate establishment now almost completely ignores the role of other climatological drivers such as the solar irradiance, volcanic activity, and the role and behavior of atmospheric aerosols. Yes, only the global carbon dial seems to matter!

No one is more sympathetic to “the kids” than me, and I’m sad that so much of the “fan base” for climate action is dominated by frightened members of our most youthful generations. It’s hard to blame them, however. Their fanaticism has been inculcated by a distinctly non-scientific community of educators and journalists who are willing to accept outrageous assertions based on “toy models” concocted on weak empirical grounds. That’s not settled science. It’s settled propaganda.

It’s a Big Government Mess

22 Tuesday Nov 2022

Posted by Nuetzel in Big Government, Uncategorized

≈ 1 Comment

Tags

Campaign Spending, Carbon Footprint, central planning, Climate Risk, Compliance Costs, Cronyism, Debt Monetization, dependency, Diversity, Do-Somethingism, External Costs, Fiscal Illusion, Limited government, Malinvestment, monopoly, Price Controls, Public goods, Redistribution, Regulatory Capture, rent seeking, Wetlands, Willingness To Pay

I’m really grateful to have the midterm elections behind us. Well, except for the runoff Senate race in Georgia, the cockeyed ranked-choice Senate race in Alaska, and a few stray House races that remain unsettled after almost two weeks. I’m tired of campaign ads, including the junk mail and pestering “unknown” callers — undoubtedly campaign reps or polling organizations.

It’s astonishing how much money is donated and spent by political campaigns. This year’s elections saw total campaign spending (all levels) hit $16.7 billion, a record for a mid-term. The recent growth in campaign spending for federal offices has been dramatic, as the chart below shows:

Do you think spending of a few hundred million dollars on a Senate campaign is crazy? Me too, though I don’t advocate for legal limits on campaign spending because, for better or worse, that issue is entangled with free speech rights. Campaigns are zero-sum events, but presumably a big donor thinks a success carries some asymmetric reward…. A success rate of better than 50% across several campaigns probably buys much more…. And donors can throw money at sure political bets that are probably worth a great deal…. Many donors spread their largess across both parties, perhaps as a form of “protection”. But it all seems so distasteful, and it’s surely a source of waste in the aggregate.

My reservations about profligate campaign spending include the fact that it is a symptom of big government. Donors obviously believe they are buying something that government, in one way or another, makes possible for them. The greater the scope of government activity, the more numerous are opportunities for rent seeking — private gains through manipulation of public actors. This is the playground of fascists!

There are people who believe that placing things in the hands of government is an obvious solution to the excesses of “greed”. However, politicians and government employees are every bit as self-interested and “greedy” as actors in the private sector. And they can do much more damage: government actors legally exercise coercive power, they are not subject in any way to external market discipline, and they often lack any form of accountability. They are not compelled to respect consumer sovereignty, and they make correspondingly little contribution to the nation’s productivity and welfare.

Actors in the private sector, on the other hand, face strong incentives to engage in optimizing behavior: they must please customers and strive to improve performance to stay ahead of their competition. That is, unless they are seduced by what power they might have to seek rents through public sector activism.

A people who grant a wide scope of government will always suffer consequences they should expect, but they often proceed in abject ignorance. So here is my rant, a brief rundown on some of the things naive statists should expect to get for their votes. Of course, this is a short list — it could be much longer:

  • Opportunities for graft as bureaucrats administer the spending of others’ money and manipulate economic activity via central planning.
  • A ballooning and increasingly complex tax code seemingly designed to benefit attorneys, the accounting profession, and certainly some taxpayers, but at the expense of most taxpayers.
  • Subsidies granted to producers and technologies that are often either unnecessary or uneconomic (and see here), leading to malinvestment of capital. This is often a consequence of the rent seeking and cronyism that goes hand-in-hand with government dominance and ham-handed central planning.
  • Redistribution of existing wealth, a zero- or even negative-sum activity from an economic perspective, is prioritized over growth.
  • Redistribution beyond a reasonable safety net for those unable to work and without resources is a prescription for unnecessary dependency, and it very often constitutes a surreptitious political buy-off.
  • Budgetary language under which “budget cuts” mean reductions in the growth of spending.
  • Large categories of spending, known in the U.S. as non-discretionary entitlements, that are essentially off limits to lawmakers within the normal budget appropriations process.
  • “Fiscal illusion” is exploited by politicians and statists to hide the cost of government expansion.
  • The strained refrain that too many private activities impose external costs is stretched to the point at which government authorities externalize internalities via coercive taxes, regulation, or legal actions.
  • Massive growth in regulation (see chart at top) extending to puddles classified as wetlands (EPA), the ”disparate impacts” of private hiring practices (EEOC), carbon footprints of your company and its suppliers (EPA, Fed, SEC), outrageous energy efficiency standards (DOE), and a multiplicity of other intrusions.
  • Growth in the costs of regulatory compliance.
  • A nearly complete lack of responsiveness to market prices, leading to misallocation of resources — waste.
  • Lack of value metrics for government activities to gauge the public’s “willingness to pay”.
  • Monopoly encouraged by regulatory capture and legal / compliance cost barriers to competition. Again, cronyism.
  • Monopoly granted by other mechanisms such as import restrictions and licensure requirements. Again, cronyism.
  • Ruination of key industries as government control takes it’s grip.
  • Shortages induced by price controls.
  • Inflation and diminished buying power stoked by monetized deficits, which is a long tradition in financing excessive government.
  • Malinvestment of private capital created by monetary excess and surplus liquidity.
  • That malinvestment of private capital creates macroeconomic instability. The poorly deployed capital must be written off and/or reallocated to productive uses at great cost.
  • Funding for bizarre activities folded into larger budget appropriations, like holograms of dead comedians, hamster fighting experiments, and an IHOP for a DC neighborhood.
  • A gigantic public sector workforce in whose interest is a large and growing government sector, and who believe that government shutdowns are the end of the world.
  • Attempts to achieve central control of information available to the public, and the quashing of dissent, even in a world with advanced private information technology. See the story of Hunter Biden’s laptop. This extends to control of scientific narratives to ensure support for certain government programs.
  • Central funding brings central pursestrings and control. This phenomenon is evident today in local governance, education, and science. This is another way in which big government fosters dependency.
  • Mission creep as increasing areas of economic activity are redefined as “public” in nature.
  • Law and tax enforcement, security, and investigative agencies pressed into service to defend established government interests and to compromise opposition.

I’ve barely scratched the surface! Many of the items above occur under big government precisely because various factions of the public demand responses to perceived problems or “injustices”, despite the broader harms interventions may bring. The press is partly responsible for this tendency, being largely ignorant and lacking the patience for private solutions and market processes. And obviously, those kinds of demands are a reason government gets big to begin with. In the past, I’ve referred to these knee-jerk demands as “do somethingism”, and politicians are usually too eager to play along. The squeaky wheel gets the oil.

I mentioned cronyism several times in the list. The very existence of broad public administration and spending invites the clamoring of obsequious cronies. They come forward to offer their services, do large and small “favors”, make policy suggestions, contribute to lawmakers, and to offer handsomely remunerative post-government employment opportunities. Of course, certaIn private parties also recognize the potential opportunities for market dominance when regulators come calling. We have here a perversion of the healthy economic incentives normally faced by private actors, and these are dynamics that gives rise to a fascist state.

It’s true, of course, that there are areas in which government action is justified, if not necessary. These include pure public goods such as national defense, as well as public safety, law enforcement, and a legal system for prosecuting crimes and adjudicating disputes. So a certain level of state capacity is a good thing. Nevertheless, as the list suggests, even these traditional roles for government are ripe for unhealthy mission creep and ultimately abuse by cronies.

The overriding issue motivating my voting patterns is the belief in limited government. Both major political parties in the U.S. violate this criterion, or at least carve out exceptions when it suits them. I usually identify the Democrat Party with statism, and there is no question that democrats rely far too heavily on government solutions and intervention in private markets. The GOP, on the other hand, often fails to recognize the statism inherent in it’s own public boondoggles, cronyism, and legislated morality. In the end, the best guide for voting would be a political candidate’s adherence to the constitutional principles of limited government and individual liberty, and whether they seem to understand those principles. Unfortunately, that is often too difficult to discern.

The EPA’s Trip To the Constitutional Woodshed

07 Thursday Jul 2022

Posted by Nuetzel in Administrative State, Constitution, Supreme Court, Uncategorized

≈ 1 Comment

Tags

Administrative Law, Administrative Procedures Act, Administrative State, Affordable Care Act, Charles Lipson, Chevron Deference, Clarence Carson, Clean Air Act, Climate Alarmism, Constitutional Law, Environmental Protection Agency, EPA, Francis Menton, Franklin D. Roosevelt, FTC, Gabriel Kolko, Great Society, Humphrey’s Executor, ICC, Jarkesy v. SEC, Jonathan Tobin, Kevin O. Leske, Lyndon B. Johnson, Major Questiins Doctrine, National Labor Relations Board, Neil Gorsuch, New Deal, Philip Hamburger, rent seeking, SEC, Sheldon Richman, Supreme Court, The Manhattan Contrarian, West Virginia v. EPA, Woodrow Wilson

The Supreme Court’s regular docket is done for the year, but one of last week’s rulings is of great interest to those concerned about the constitutional threat posed by the administrative state. In West Virginia v. EPA, the Court held that the Clean Air Act of 1970 does not authorize the EPA to regulate carbon emissions in power generation. Well, that’s getting to be a very old statute and no one thought much about carbon dioxide emissions when it became law, so of course it doesn’t! However, this decision is crucial as a check on the ever-growing, extra-legal power of the administrative bureaucracy. I say “extra-legal” because regulatory agencies are increasingly taking it upon themselves to write rules that reach well beyond their legislative mandates. Only the legislature can make law under our system of government, or at least law that settles “major questions”, a doctrine that the Court has applied in this case.

Consequential Side Issues

While many critics of the West Virginia decision might find this hard to believe, it has nothing to do with the Court’s views about the prospects for climate change. That is not the Court’s job and it knows it, or at least most of the justices know it. Even if climate change poses a real threat of global catastrophe, and it does not, that is not the Court’s job. Its primary function is to preserve constitutional law, and that is what this decision is about. (For more on the folly of climate alarmism, see here, here, and here.)

Apart from its constitutional implications, growth in the number of regulatory rules and their complexity also imposes massive costs on the economy, robbing the private sector of productive opportunities, often with little or no demonstrable public benefit. The unbridled promulgation of rules does, however, benefit special interests. That includes bureaucrats, litigators, and private parties who derive side benefits from regulation, such as protection of monopoly status, competitive advantages, and expanded professional opportunities. Leveraging government and political privilege for private benefit is rent seeking at its very heart, and it’s also at the very heart of fascistic corporatism.

A Little History

Regulation has been a channel for rent seeking going back to the earliest days of the Republic and even before. But a Great Leap Forward in federal regulatory intervention came in the late 1880s with several Supreme Court decisions involving railroad rates, and then the establishment of the Interstate Commerce Commission. The railroads practically begged to be regulated. At the last link, Sheldon Richmsn quotes historian Gabriel Kolko:

“The first regulatory effort, the Interstate Commerce Commission, had been cooperative and fruitful; indeed, the railroads themselves had been the leading advocates of extended federal regulation after 1887.”

The railroads wanted stability, of course, and less competition, and that’s what they got, though in the end they didn’t do themselves any favors. Here’s historian Clarence Carson on the ultimate result:

“Since the railroads could not effectively compete in so many ways, such opportunity for improving their situation as existed would usually be to combine roads cover­ing the same general area so as to maintain some control over rates and get as much of the profitable business as possible within an area. This is what rail­road financiers tended to do. The result, as far as the public was concerned, was a nonintegrated rail system, reduced competition, poorer service, and higher rates.”

Later, Woodrow Wilson and Franklin D. Roosevelt had strong roles in advancing the regulatory state. Wilson was smitten with the scientism inherent in centralized decision making and administrative expertise. He was also loath to concede his vision of administrative planning to democratic ideals. Justice Neil Gorsuch, in his concurrence on the EPA decision, offers some rather disturbing quotes from Wilson:

“Woodrow Wilson famously argued that ‘popular sovereignty’ ‘embarrasse[d]’ the Nation because it made it harder to achieve ‘executive expertness.’ The Study of Administration, 2 Pol. Sci. Q. 197, 207 (1887) (Administration). In Wilson’s eyes, the mass of the people were ‘selfish, ignorant, timid, stubborn, or foolish.’ Id., at 208. He expressed even greater disdain for particular groups, defending ‘[t]he white men of the South’ for ‘rid[ding] themselves, by fair means or foul, of the intolerable burden of governments sustained by the votes of ignorant [African-Americans].’ 9 W. Wilson, History of the American People 58 (1918). He likewise denounced immigrants ‘from the south of Italy and men of the meaner sort out of Hungary and Poland,’ who possessed ‘neither skill nor energy nor any initiative of quick intelligence.’ 5 id., at 212. To Wilson, our Republic ‘tr[ied] to do too much by vote.’ Administration 214.”

FDR’s New Deal was responsible for a huge expansion in the administrative apparatus, as this partial list of federal agencies created under his leadership indicates. Many of these agencies were subsequently ruled unconstitutional, but quite a few live on today with greatly expanded scope and presumed powers.

The Great Society policies of Lyndon B. Johnson also created new agencies and programs, with additional burdens on the ability of the private economy to function properly. Of course, the complexity of the administrative state has increased many-fold with more recent actions such as the Clean Air Act and the Affordable Care Act.

Major Questions

The agencies, despite any expertise they might have in-house, cannot create major rules and mandates without fairly specific statutory authorization. That is a constitutional imperative. It’s not quite clear, however, what test might distinguish a “major question” requiring enabling legislation from lesser matters. There is certainly some room for interpretation. According to Kevin O. Leske:

“Under the [major questions] doctrine, a court will not defer to an agency’s interpretation of a statutory provision in circumstances where the case involves an issue of deep economic or political significance or where the interpretive question could effectuate an enormous and transformative expansion of the agency’s regulatory authority.”

Unfortunately, this judicial deference to agency rule-making and interpretation led to further erosion of the separation of powers and due process rights. Vague legislation, aggressive special interests and rent seekers, and judicial deference have allowed agencies excessive latitude to interpret and stretch their mandates, to enforce expansive regulatory actions, and to adjudicate disputes with regulated entities in proceedings internal to the agencies themselves.

At issue in EPA v. West Virginia were the agency’s steps to radically transform the energy mix used in power generation, with potentially dramatic, negative impacts on the public. The Court said that won’t fly unless Congress gives the EPA more specific instructions along those lines. Agency expertise, by itself, is not enough to override the legitimate democratic interests of the public in such consequential matters.

But what about executive actions of the sort increasingly taken by presidents over the years? Why are those legal? Article Two of the Constitution grants discretion to the president for enforcement of laws and managing the executive branch. Furthermore, pieces of legislation can specifically grant discretionary power to the executive branch in particular areas. Nevertheless, it might be possible for even executive orders issued by the president to “go too far” in interpreting congressional intent. That is within the purview of courts in case of legal challenges.

Unaccountable Agency Power

So called “administrative expertise” was given some degree of deference by the Supreme Court as early as the 1930s. In 1947, the Court decided the application of such expertise should often take precedence over pre-established rules. There was also a recognition that legislators often lacked the expertise to formulate certain regulatory guidelines. The expanding scope and complexity of regulations gave rise to increasing legal disputes, however. This strained the judicial system for at least two reasons: the sheer limits of its capacity and the lack of technical expertise needed to settle many disputes. This ultimately led to the adjudication of many disputes within the agencies themselves. Agency tribunals of subject matter experts were formed to meet these growing demands. This was said to facilitate “cheap justice”, not to mention more rapid decisions. The passage of the Administrative Procedures Act in 1947 was a recognition that administrative law was necessary and required certain standards, though they differ from normal judicial standards, such as rules of evidence. This left very little to brake aggressive and extra-legal rule-making and enforcement by the agencies.

Another disturbing aspect of the growth in administrative power has been the advent of agencies said to be “independent” from the other branches of government, as if to intimate their existence as a fourth branch. As Francis Menton (the Manhattan Contrarian) says, agencies:

“… can create rules for your conduct free from the Congress, and … can prosecute you free from the President. In 1935, in a case called Humphrey’s Executor, the Supreme Court upheld the part of the FTC Act that made the Commissioners immune from discharge by the President other than in very limited circumstances. Humphrey’s Executor has not been overruled to this day.

The FTC was only the beginning of an explosion of creation of such ‘independent’ agencies and otherwise un-separated powers in the federal government. The Federal Reserve was created about the same time (actually 1913), and things really took off during Roosevelt’s New Deal, with agencies like the FCC, SEC, and NLRB.”

Later, the Supreme Court adopted a two-part test to determine whether courts may defer to administrative expertise in interpreting legislative intent, rather than substituting their own judgement or insisting on a clearer legislative mandate. This was the principle of so-called Chevron deference, named for the case Chevron v. Natural Resources Defense Council, in which the Court ruled for the EPA’s definition of a “stationary source” of pollution as “plantwide”. The test for Chevron deference was whether an agency’s rule was a “reasonable” statutory interpretation and whether Congress had not directly addressed the point in question.

Rolling It Back

Philip Hamburger, in his book “Is Administrative Law Unlawful?”, addressed the struggle between administrative power and “regular law” back to the days of “royal prerogative”. The advent of constitutional law was designed to prevent anything resembling the latter.

“… administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution―and constitutions in general―were designed to prevent.”

But now we have some very promising developments. Again, in the West Virginia case, the EPA’s authority to regulate carbon emissions in power generation has been denied by the Court, pending any future legislation that would specifically enable that authority. There was no mention of Chevron in this decision whatsoever! That’s a big win for constitutional principle. In another recent case before the Fifth Circuit Court in New Orleans, Jarkesy v. SEC, an administrative law judge (ALJ) at the SEC had assessed damages and fines against Jarkesy, but he challenged the SEC in court, as Menton describes:

“Jarkesy claimed that he was deprived of his Seventh Amendment right to have his case decided by a jury, and also that the SEC had unconstitutionally exercised legislative powers when deciding to try his case before an ALJ without having been given any guiding principles by Congress on how to make that decision. The Fifth Circuit ruled for Jarkesy on both points. This decision has the potential to force some significant changes on how the SEC does business. However, Mr. Jarkesy still does have to continue to run a gantlet that will likely include a request by the government for en banc review by the Fifth Circuit, and then a request for review by the Supreme Court.”

Conclusion

Here is a nice summary of the constitutional issues from an earlier post by Menton:

“… (1) the combining of powers into agencies that would enact, and also enforce, and also adjudicate regulations (directly contrary to the Constitution’s separation of powers into three branches of government); (2) agencies enacting regulations with the force of law on their own say so (contrary to the Constitution’s requirement that all laws be passed by both houses of Congress and presented to the President for signature); and (3) many agencies claiming to be “independent” of the President (contrary to the Constitution’s vesting all ‘ executive power’ in the President).

This is echoed by Jonathan Tobin, who says:

“Government by fiat of intellectuals or scientific experts may or may not be good policy. But it is alien to the U.S. Constitution, and it has nothing to do with democracy.”

One other critical point made by Charles Lipson is that the Court’s West Virginia decision, while sending an unmistakeable message to federal agencies, should also raise awareness in Congress that it is not enough to legislate vague statutes and rely on bureaucrats to make all the decisions about implementation. Instead, “major questions” must be dealt with legislatively and with full accountability to voters. Congress must address these issues, if not up-front, then whenever they arise as disputes in the courts or otherwise. Certainly, the West Virginia decision should make individuals or entities subject to regulatory action less likely to allow major questions to be settled by ALJ rulings within the agencies themselves. The Supreme Court has expressed a willingness for such cases to be reviewed in normal courts of law. That is a very positive development for liberty.

A Fiscal Real-Bills Doctrine? No Such Thing As Painless Inflation Tax

14 Tuesday Jun 2022

Posted by Nuetzel in Fiscal policy, Inflation, Uncategorized

≈ Leave a comment

Tags

Biden Administration, Cronyism, Federal Debt, Fiscal Inflation, Fiscal policy, Friedrich Hayek, Hyperinflation, Inflation tax, Knowledge Problem, Modern Monetary Theory, Monetary policy, Money Printing, Nominal GDP Targeting, Pete Buttigieg, Real Bills Doctrine, Reichsbank, rent seeking, Ro Khanna

A remarkable proposal made recently by Representative Ro Khanna (D -CA) would have the Biden Administration impose price controls, which would be bad enough. Khanna also would like the federal government to cover the inflation losses incurred by Americans by having it directly purchase certain goods and services and resell them “cheap” to consumers. In fairness, Khanna says the government should attempt to take advantage of dips in prices for oil, food commodities, and perhaps other necessities, which of course would limit or reverse downward price changes. When asked about Khanna’s proposal, Pete Buttigieg, Joe Biden’s Transportation Secretary, replied that there were great ideas coming out of Congress and the Administration should consider them. Anyway, the idea is so bad that it deserves a more thorough examination.

Central Planners Have No Clothes

First, such a program would represent a massive expansion in the scope of government. It would also present ample opportunities for graft and cronyism, as federal dollars filter through the administrative layers necessary to manage the purchases and distribution of goods. Furthermore, price and quantity would then be shaded by a heavy political component, often taking precedence over real demand and cost considerations. And that’s beyond the crippling “knowledge problem” that plagues all efforts at central planning.

One of the most destructive aspects of allowing government to absorb a greater share of total spending is that government is not invested with the same budgetary discipline as private buyers. Take no comfort in the notion that the government might prove expert at timing these purchases to leverage price dips. Remember that government always spends “other people’s money”, whether it comes from tax proceeds, lenders, or the printing press (and hence future consumers, who have absolutely no agency in the matter). Hence, price incentives take on less urgency, while political incentives gain prominence. The loss of price sensitivity means that government expenditures are likely to inflate more readily than private expenditures. This is all the more critical at a time when inflation is becoming embedded in expectations and pricing decisions. Khanna thus proposes an inflation “solution” that puts less price-sensitive bureaucrats in charge of actual purchases. That’s a prescription for failure.

If anyone in Biden’s White House is seriously considering a program of this kind, and let’s hope they’re not, they should at least be aware that direct subsidies for the purchase of key goods would be far more efficient. It’s also possible to hedge the risk of future price increases on commodities markets, perhaps simply distributing hedging gains to consumers when they pay off. However, having the federal government participate as a major player in commodities options and futures is probably not on the table at this point … and I shudder to think of it, but it might be more efficient than Khanna’s vision.

A Fiscal Real Bills Doctrine

Khanna’s program would almost surely cause inflation to accelerate. Inflation itself a form of taxation imposed by profligate governments, though it’s an inefficient tax since it creates greater uncertainty. Higher prices deflate the real value of most government debt (borrowed from the public), assets fixed in nominal value, and incomes. Read on, but this program would have the government pay your inflation tax for you by inflating some more. Does this sound like a vicious circle?

Khanna’s concept of inflation-relief is a fiscal reimagining of a long-discredited monetary theory called the “Real Bills Doctrine”. According to this doctrine, rising prices and costs necessitate additional money creation so that businesses have the liquidity to pay the bills associated with ongoing productive efforts. The “real” part is a reference to the link between business expenses and actual production, despite the fact that those bills are expressed in nominal terms. The result of this policy is a cycle of ever-higher inflation, as ever-more money is printed. This was the policy utilized by the Reichsbank in Weimar Germany during its hyperinflation of 1922-23. It’s really quite astonishing that anyone ever thought such a policy was helpful!

In Khanna’s version of the doctrine, the government spends to relieve cost pressure faced by consumers, so the rationale has nothing to do with productive effort.

Financing and the Central Bank Response

It’s reasonable to ask how these outlays would be financed. In all likelihood, the U.S. Treasury would borrow the funds at interest rates now at 10-15 year highs, which have risen in part to compensate investors for higher inflation.

My bet is that Khanna imagines the Fed would simply “print” money (i.e., buy the new government debt floated by the Treasury to pay for the program). This is the prescription of so-called Modern Monetary Theory, whose adherents have either forgotten or have never learned that money growth and inflation is a costly and regressive form of taxation.

Most economists would say the response of the Federal Reserve to this fiscal stimulus would bear on whether it really ignites additional inflationary pressure. Of course, rather than borrowing, Congress could always vote to levy higher taxes on the public in order to pay the public’s inflation tax burden! But then what’s the point? Well, taxing at least has the virtue of not fueling still higher inflation, and the Fed would not have a role to play.

But if the government simply borrows instead, it adds to the already bloated supply of government debt held by the public. This borrowing is likely to put more upward pressure on interest rates, and the federal government’s mounting interest expense requires more financing. What then might the Fed do?

The Fed is an independent, quasi-government entity, so it would not have to accommodate the additional spending by printing money (buying the new Treasury debt). Either way, investors are increasingly skeptical that the growing debt burden will ever be reversed via future surpluses. The fiscal theory of the price level holds that something must reduce the real value of government debt (in order to satisfy the long-term fiscal budget constraint). That “something” is a higher price level. This position is not universally accepted, and some would contend that if the Fed simply set a nominal GDP growth target and stuck to it, accelerating inflation would not have to follow from Khanna’s policy. The same if the Fed could stick to a symmetric average inflation target, but they certainly haven’t been up to that task. Hoping the Fed would fully assert its independence in a fiscal hurricane is probably wishful thinking.

Conclusion

There are no choke points in the supply chain for bad ideas on the left wing of the Democratic Party, and they are dominating party centrists in terms of messaging. The answer, it seems, is always more government. High inflation is very costly, but the best policy is to rein it in, and that requires budgetary and monetary discipline. Attempts to make high inflation “painless” are misguided in the first instance because they short-circuit consumer price responses and substitution, which help restrain prices. Second, the presumption that an inflation tax can be “painless” is an invitation to fiscal debauchery. Third, expansive government brings out hoards of rent seekers instigating corruption and waste. Finally, mounting public debt is unlikely to be offset by future surpluses, and that is the ultimate admission of Modern Monetary Theory. A fiscal real bills doctrine would be an additional expression of this lunacy. To suggest otherwise is either sheer stupidity or an exercise in gaslighting. You can’t inflate away the pain of an inflation tax.

ESG Scoring: Political Tool Disguised as Investment Guide

30 Wednesday Mar 2022

Posted by Nuetzel in Capital Markets, Corporatism, Environmental Fascism, Social Justice

≈ 3 Comments

Tags

Access to Capital, Antitrust, Blackrock, Climate Action 100+, Corporatism, Diversity, Equity, ESG Fees, ESG Scores, Great Reset, Green Energy, Inclusion, John Cochrane, Mark Brnovich, Principal-Agent Problem, Renewable energy, Renewables, rent seeking, Shareholder Value, Social Justice, Stakeholder Capitalism, Sustainability, Too big to fail, Ukraine Invasion, Vladimir Putin, Woke Investors, Zero-Carbon

ESG scores are used to rate companies on “Environmental, Social, and Governance” criteria. The truth, however, is that ESGs are wholly subjective measures of company performance. There are many different ESG scores available, with no uniform standards for methodology, specific inputs, or weighting schemes. If you think quarterly earnings reports are manipulated, ESGs are an even more pliable tool for misleading investors. It is a market fad, and fund managers are using it as an excuse to charge higher fees to investors. But like any trending phenomenon, for a time, the focus on ESGs might feed-back positively to returns on favored companies. That won’t be sustainable, however, without legislative and regulatory cover, plus a little manipulative help from the ESG engineers and “Great Reset” propagandists.

It’s 100% Political, 0% Economic

ESGs are founded on prioritizing objectives that have little to do with shareholder value or any well-understood yardsticks of financial or operating performance. The demands on company resources for scoring highly on ESG are often nakedly political. This includes adoption of environmental goals such as fraudulent “zero carbon” impacts, the nebulous “sustainability” objective promoted by “green” activists, diversity, inclusion and equity initiatives, and support for activist groups such as Black Lives Matter and Antifa.

Concepts like “stakeholder value” are critical to the rationale for ESGs. “Stakeholders” can include employees, suppliers, and customers, as well as potential employees. suppliers, and customers. In other words, they can be just about anyone in the broader community, or more likely activists for “social change” whose interests have but the thinnest connection to the business’s productive activities. In essence, so-called stakeholder capitalism amounts to a ceding of control over corporate resources, and ultimately confiscation of wealth from equity owners.

Corporations have long engaged in various kinds of defensive actions, amounting to a modern-day trade in indulgences. No one will be upset about your gas-powered fleet if you buy enough carbon offsets, which just might neutralize the impact of the fleet on your ESG! On a more sinister level, ESG’s provide opportunities for cover against information that might be damaging to firms, such as the use of slave labor overseas. Flatter the right people, give to their causes, “partner” with them on pet initiatives, and your sins will be ignored and your ESG will climb! And ESGs are used in attempts to pacify leftist investors who see the corporation as a vessel for their own social objectives, quite apart from any mission it might have had as a productive enterprise.

Your ESG will shine if you do business that’s politically-favored, like renewable energy, despite its inefficiencies and significant environmental blemishes. But ESGs are not merely used to reward those anointed as virtuous by the Left. They are more forcefully used to punish firms in industries that are out of favor, or firms refusing to participate in buying off authoritarian crusaders. For example, you might be so berserk as to think fossil fuels and climate change represent imminent threats of catastrophe. Naturally, you’ll want to punish oil and gas producers. In fact, if you are in charge of ESG modeling, you might want to penalize almost any extraction industry, with certain exceptions: the massive extraction and disposal costs of renewables will pass without notice.

All these machinations occur despite the huge uncertainty surrounding flimsy, model-based predictions of warming and global catastrophe. Never mind that fossil fuels are still relied upon to provide for most of our energy needs and will be for some time to come, including base-load power generation when intermittency prevents renewables from meeting demand. The stability of the power grid depends upon the availability of carbon-based energy, which in fact is marvelously efficient. Yet the ESG crowd (not to mention the Biden Administration) seeks to drive up its cost, including the cost of capital, and these added costs fall most heavily on the poor.

ESG-guided efforts by activists to deny capital to certain segments of the energy sector may constitute antitrust violations. Some big players in the financial industry, who together manage trillions of dollars in investment funds, belong to an advocacy organization called Climate Action 100+. They coordinate on a mission to completely transform the energy industry via “green” investments and divestments of presumptively “dirty” concerns. These players and their clients have huge investments in green energy, and it is in their interest to provide cheap capital to those firms while denying capital to fossil fuel industries. As Arizona Attorney General Mark Brnovich writes at the link above, this is restraint of trade “hiding in plain sight”.

Manipulation

ESGs could be the mother of all principal-agent problems. Corporate CEOs, hired by ownership as stewards and managers of productive assets, are promoting these metrics and activities, which may not align with the interests of ownership. ESG’s are not standardized, and most users will have little insight into exactly how these “stakeholder” sausages are stuffed. In fact, much of the information used for ESGs is extremely ad hoc, not universally disclosed, and is often qualitative. The applicability of these scores to the universe of stocks, and their reliability in guiding investment decisions, is extremely questionable no matter what the investor’s objectives. And of course the models can be manipulated to produce scores that suit the preferences of money managers who have a stake in certain firms or industry segments, and who inflate their fees in exchange for ESG investment advice. And firms can certainly engage in deceptions that boost ESGs, as already discussed.

Like many cultural or consumer trends, investment trends can feed off themselves for a time. If there are enough “woke” investors, ESGs might well feed an unvirtuous cycle of stock purchases in which returns become positively correlated with wokeness. Such a divorce from business fundamentals will eventually take its toll on returns, especially when economic or other conditions present challenges, but that’s not the answer you’ll get from many stock pickers and investment pundits.

At the same time, there are ways in which the preoccupation with ESGs dovetails with the rents often sought in the political arena. Subsidies, for example, will be awarded to firms producing renewables. Politically favored firms are also likely to receive better regulatory treatment.

There are other ways in which firms engaging in wasteful activities can survive profitably, at least for a time. Monopoly power is one, and companies often develop a symbiosis with regulators that hampers smaller competitors. This is traditional rent-seeking corporatism in action, along with the “too-big-to-fail” regime. Sometimes sheer growth in demand for new technologies or networking potential helps to conceal waste. Hot opportunities can leave growing companies awash in cash, some of which will be burned in wasteful endeavors. ESG scoring offers them additional cover.

Cracks In the Edifice

John Cochrane notes a fundamental, long-term contradiction for those who invest based on ESGs: an influx of capital will tend to drive down returns in those firms and industries, while the returns on firms having low ESGs will be driven upward. Yet advocates claim you can invest for virtue and superior returns. That can’t outlast real market forces, especially as ESG efforts dilute any mission a firm might have as a productive enterprise.

Vladimir Putin’s brutal invasion of Ukraine has revealed other cracks in the ESG edifice. We now have parties arguing that defense stocks should be awarded ESG points! Also, that oil production by specific nations should be scored highly. There is also an awakening to the viability of nuclear power as an energy source. Then we have the problem of delivering on Biden’s promise to Europe of more liquified natural gas exports. That will be difficult given the way Biden has bludgeoned the industry, as well as the ESG conspiracy to deny it access to capital. Just watch the ESG hacks backpedal. Now, even the evangelists at Blackrock are wavering. To see the thread of supposed ESG consistency unravel would be enough to make you laugh if the entire conspiracy weren’t so grotesque.

Closing

The pretensions underlying “green” initiatives undertaken by large corporations are good mainly for virtue signaling, to collect public subsidies, and to earn better ESG scores. They are usually wasteful in a pure economic sense. The same is true of social justice and diversity initiatives, which can be perversely racist in their effects and undermine the rule of law.

Ultimately, we must recognize that the best contribution any producer can make to society is to create value for shareholders and customers by doing what it does well. The business world, however, has gone far astray in the direction of rank corporatism, and keep this in mind: any company supporting a sprawling HR department, pervasive diversity efforts, “sustainability” initiatives, and preoccupations with “stakeholder” outreach is distracted from its raison d’etre, its purpose as a business enterprise to produce something of value. It is probably captive to outside interests who have essentially commandeered management’s attention and shareholders’ resources.

When it comes to investing, I prefer absolute neutrality with respect to out-of-mission social goals. Sure, do no harm, but the focus should remain squarely on goals inherent in the creation of value for customers and shareholders.

Homeownership, Pensions, and the Wealth Distribution

13 Monday Dec 2021

Posted by Nuetzel in Markets, Wealth Distribution

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Capitalism, Daniel Waldenström, Housing Assets, income inequality, Pension Assets, Popular Assets, Progressive Taxation, regulation, rent seeking, Social Security, Wealth Concentration, Wealth Inequality

My theme in “What’s To Like About Income Inequality?” was the existence of natural drivers of an unequal distribution of income, as where institutions reward merit and legal systems assign strong property rights. I also discussed trends in income and wealth inequality and how standard measures of inequality are distorted by income taxes and transfer payments, including differences in unrealized and realized capital gains. Furthermore, income mobility makes “snapshots” of inequality less compelling, as individuals are not “stuck” for all time at a point in the income distribution, but are typically moving across the distribution and usually upward as they age through their working years.

Wealth inequality is another matter, but a new paper by Daniel Waldenström entitled “Wealth and History: An Update” shows that wealth concentration, which he defines as the share of wealth held by the top 1%, declined markedly between 1920 and 1970 in Europe and the U.S. After 1970, however, the share remained flat in Europe and was flat in the U.S. as well if unfunded pensions and Social Security benefits are valued as wealth. However, the near-entirety of the earlier decline in U.S. wealth concentration occurred by about 1950.

So a great thinning in the fat right tail of the wealth distribution occurred during the middle years of the 20th century. Waldenström attributes this transition to growth of homeownership and pension assets. These are so-called “popular assets” because they are held more broadly than the legacy wealth of the 1800s and early twentieth century:

“… the structure of private wealth has changed over the twentieth century, from being dominated by elite fortunes in agriculture or businesses to consisting mainly of widely dispersed assets in housing and funded pensions.”

Waldenström concludes that the facts run contrary to claims that wealth inequality has worsened in Western, capitalist economies over the years:

“These new findings have implications for the historiography of Western wealth accumulation and wealth concentration. They cast doubt over the view that an unfettered capitalism, such as in pre-democratic and pre-taxation nineteenth-century Europe, generates extreme levels of capital accumulation. The new findings also question the pivotal role of wars, crises and progressive taxation as the sole important factors behind the wealth equalization of the twentieth century.

Waldenström considers the role of progressive taxation in equalizing wealth, but he acknowledges that taxes undermined wealth accumulation at all levels, so the effect was ambiguous. A point on which I’d take issue with Waldenström is the role of regulation, which he believes “curbed the growth of large fortunes”. That might be true in some cases, but this effect is also subject to ambiguity. Regulation is often welcomed by powerful market players as a way of consolidating market position and hindering new competition. The regulatory state has long been considered a primary channel for rent seeking, so the impact on the wealth distribution is likely to be mixed.

Market institutions, together with rising education levels, labor reforms, and gains in productivity enabled this broadening in the accumulation and distribution of wealth. Social Security certainly played a part as well, though we don’t know how private pensions might have evolved in its absence. Of course, Social Security has a terrible record as an “investment” of payroll taxes. Private control over the investment direction of those funds would have done far better, and still could, which would be a further boon to wealth for the lower 99%.

It is true that inequality in both income and wealth is to be expected under merit-based systems of rewards. However, Daniel Waldenström’s paper offers evidence that markets do not merely concentrate wealth at the expense of workers. Rather, they deliver gains to all participants, who are in turn free to accumulate wealth in the kinds of “popular assets” discussed by Waldenström.

Climate Alarmism and Junk Science

02 Thursday Dec 2021

Posted by Nuetzel in Climate, Research Bias, Uncategorized

≈ 7 Comments

Tags

Carbon Forcing Models, Climate Alarmism, Green Subsidies, Intergovernmental Panel on Climate Change, IPCC, Kevin Trenberth, Model Bias, Model Ensembles, National Center for Atmospheric Research, Norman Rogers, Redistribution, rent seeking

The weak methodology and accuracy of climate models is the subject of an entertaining Norman Rogers post. I want to share just a few passages along with a couple of qualifiers.

Rogers quotes Kevin Trenberth, former Head of Climate Analysis at the National Center for Atmospheric Research, with apparent approval. Oddly, Rogers does not explain that Trenberth is a strong proponent of the carbon-forcing models used by the UN’s Intergovernmental Panel on Climate Change (IPCC). He should have made that clear, but Trenberth actually did say the following:

“‘[None of the] models correspond even remotely to the current observed climate [of the Earth].’“

I’ll explain the context of this comment below, but it constitutes a telling admission of the poor foundations on which climate alarmism rests. The various models used by the IPCCc are all a little different and they are calibrated differently. I’ve noted elsewhere that their projections are consistently biased toward severe over-predictions of temperature trends. Rogers goes on from there:

“The models can’t properly model the Earth’s climate, but we are supposed to believe that, if carbon dioxide has a certain effect on the imaginary Earths of the many models it will have the same effect on the real earth.”

But how on earth can a modeler accept the poor track record of these models? It’s not as if the bias is difficult to detect! On this question, Rogers says:

“The climate models are an exemplary representation of confirmation bias, the psychological tendency to suspend one’s critical facilities in favor of welcoming what one expects or desires. Climate scientists can manipulate numerous adjustable parameters in the models that can be changed to tune a model to give a ‘good’ result.“

And why are calamitous projections desirable from the perspective of climate modelers? Follow the money and the status rewards of reinforcing the groupthink:

“Once money and status started flowing into climate science because of the disaster its denizens were predicting, there was no going back. Imagine that a climate scientist discovers gigantic flaws in the models and the associated science. Do not imagine that his discovery would be treated respectfully and evaluated on its merits. That would open the door to reversing everything that has been so wonderful for climate scientists. Who would continue to throw billions of dollars a year at climate scientists if there were no disasters to be prevented? “

Indeed, it has been a gravy train. Today, it is reinforced by green-preening politicians, the many billions of dollars committed by investors seeking a continuing flow of public subsidies for renewables, tempting opportunities for international redistribution (and graft), and a mainstream media addicted to peddling scare stories. The parties involved all rely on, and profit by, alarmist research findings.

Rogers’ use of the Trenberth quote above might suggest that Trenberth is a critic of the climate models used by the IPCC. However, the statement was in-line with Trenberth’s long-standing insistence that the IPCC models are exclusively for constructing “what-if” scenarios, not actual forecasting. Perhaps his meaning also reflected his admission that climate models are “low resolution” relative to weather forecasting models. Or maybe he was referencing longer-term outcomes that are scenario-dependent. Nevertheless, the quote is revealing to the extent that one would hope these models are well-calibrated to initial conditions. That is seldom the case, however.

As a modeler, I must comment on a point made by Rogers about the use of ensembles of models. That essentially means averaging the predictions of multiple models that differ in structure. Rogers denigrates the approach, and while it is agnostic with respect to theories of the underlying process generating the data, it certainly has its uses in forecasting. Averaging the predictions of two different models with statistically independent and unbiased predictions will generally produce more accurate forecasts than the individual models. Rogers may or may not be aware of this, but he has my sympathies in this case because the IPCC is averaging across a large number of models that are clearly biased in the same direction! Rogers adds this interesting tidbit on the IPCC’s use of model ensembles:

“There is a political reason for using ensembles. In order to receive the benefits flowing from predicting a climate catastrophe, climate science must present a unified front. Dissenters have to be canceled and suppressed. If the IPCC were to select the best model, dozens of other modeling groups would be left out. They would, no doubt, form a dissenting group questioning the authority of those that gave the crown to one particular model.”

Rogers discusses one more aspect of the underpinnings of climate models, one that I’ve covered several times on this blog. That is the extent to which historical climate data is either completely lacking, plagued by discontinuities or coverage, or distorted by imperfections in measurement. The data used to calibrate climate models has been manipulated, adjusted, infilled, and estimated over lengthy periods by various parties to produce “official” and unofficial temperature series. While these efforts might seem valiant as exercises in understanding the past, they are fraught with uncertainty. Rogers provides a link to the realclimatescience blog, which details many of the data shortcomings as well as shenanigans perpetrated by researchers and agencies who have massaged, imputed, or outright created these historical data sets out of whole cloth. Rogers aptly notes:

“The purported climate catastrophe ahead is 100% junk science. If the unlikely climate catastrophe actually happens, it will be coincidental that it was predicted by climate scientists. Most of the supporting evidence is fabricated.”

Hyperbolic Scenarios, Crude Climate Models, and Scientism

07 Sunday Nov 2021

Posted by Nuetzel in Climate science, Global Warming

≈ 6 Comments

Tags

Carbon Efficiency, Carbon forcing, carbon Sensitivity, Cloud Feedback, COP26, G20, Global Temprature, IEA, Intergovernmental Panel on Climate Change, International Energy Agency, IPCC, Joe Biden, Joe Brandon, Judith Curry, Justin Ritchie, Net Zero Emissions, Nic Lewis, Precautionary Principle, Prince Charles, RCP8.5, rent seeking, Representative Concentration Pathway, Roger Pielke Jr., Scientism, United Nations

What we hear regarding the dangers of climate change is based on predictions of future atmospheric carbon concentrations and corresponding predictions of global temperatures. Those predictions are not “data” in the normal, positive sense. They do not represent “the way things are” or “the way things have been”, though one might hope the initial model conditions align with reality. Nor can the predictions be relied upon as “the way things will be”. Climate scientists normally report a range of outcomes produced by models, yet we usually hear only one type of consequence for humanity: catastrophe!

Models Are Not Reality

The kinds of climate models quoted by activists and by the UN’s Intergovernmental Panel on Climate Change (IPCC) have been around for decades. Known as “carbon forcing” models, they are highly simplified representations of the process determining global temperatures. The primary forecast inputs are atmospheric carbon concentrations over time, which again are themselves predictions.

It’s usually asserted that climate model outputs should guide policy, but we must ask: how much confidence can we have in the predictions to allow government to take coercive actions having immediate, negative impacts on human well being? What evidence can be marshaled to show prospective outcomes under proposed policies? And how well do these models fit the actual, historical data? That is, how well do model predictions track our historical experience, given the historical paths of inputs like carbon concentrations?

Faulty Inputs

The IPCC has been defining and updating sets of carbon scenarios since 1990. The scenarios outline the future paths of greenhouse gas emissions (and carbon forcings). They were originally based on economic and demographic modeling before an apparent “decision by committee” to maintain consistency with scenarios issued in the past. Roger Pielke Jr. and Justin Ritchie describe the evolution of this decision process, and they call for change:

“Our research (and that of several colleagues) indicates that the scenarios of greenhouse gas (GHG) emissions through the end of the twenty-first century are grounded in outdated portrayals of the recent past. Because climate models depend on these scenarios to project the future behavior of the climate, the outdated scenarios provide a misleading basis both for developing a scientific evidence base and for informing climate policy discussions. The continuing misuse of scenarios in climate research has become pervasive and consequential—so much so that we view it as one of the most significant failures of scientific integrity in the twenty-first century thus far. We need a course correction.”

One would certainly expect the predicted growth of atmospheric carbon to evolve over time. However, as Pielke and Ritchie note, the IPCC’s baseline carbon scenario today, known as RCP8.5 (“Representative Concentration Pathway”), is remarkably similar to the “business as usual” (BAU) scenario it first issued in 1990:

“The emissions scenarios the climate community is now using as baselines for climate models depend on portrayals of the present that are no longer true. And once the scenarios lost touch with reality, so did the climate, impact, and economic models that depend on them for their projections of the future. Yet these projections are a central part of the scientific basis upon which climate policymakers are now developing, debating, and adopting policies.”

The authors go on to discuss a few characteristics of the BAU scenario that today seem implausible, including:

“… RCP8.5 foresees carbon dioxide emissions growing rapidly to at least the year 2300 when Earth reaches more than 2,000 ppm of atmospheric carbon dioxide concentrations. But again, according to the IEA and other groups, fossil energy emissions have likely plateaued, and it is plausible to achieve net-zero emissions before the end of the century, if not much sooner.”

Pielke and Ritchie demonstrate that the IPCC’s baseline range of carbon emissions by 2045 is centered well above (actually double) the mid-range of scenarios developed by the International Energy Agency (IEA), and there is very little overlap between the two. However, global carbon emissions have been flat over the past decade. Even if we extrapolate the growth in atmospheric CO2 parts per million over the past 20 years, it would rise to less than 600 ppm by 2100, not 1,200 ppm. It’s true that a few countries (China comes to mind) continue to exploit less “carbon efficient” energy resources like coal, but the growth trend in concentrations is likely to continue to taper over time.

It therefore appears that the IPCC’s climate scenarios, which are used broadly as model inputs by the climate research community, are suspect. As one might suspect: garbage in, garbage out. But what about the climate models themselves?

Faulty Models

The model temperature predictions have been grossly in error. They have been and continue to be “too hot”. The chart at the top of this post is typical of the comparisons of model projections and actual temperatures. Before the year 2000, most of the temperature paths projected by the particular model charted above ran higher than actual temperatures. However, the trends subsequently diverged and the gap has become more extreme over the past two decades.

The problem is not merely one of faulty inputs. The models themselves are deeply flawed, as they fail to account adequately for natural forces that strongly influence our climate. It’s been clear for many years that the sun’s radiative energy has a massive impact on temperatures, and it is affected not only by the intensity of the solar cycle but also by cloud cover on Earth. Unfortunately, carbon forcing models do not agree on the role that increased clouds might have in amplifying warming. However, a reduction in cloud cover over the past 20 years, and a corresponding increase in radiative heat, can account for every bit of the warming experienced over that time.

This finding not only offers an alternative explanation for two decades of modest warming, it also strikes at the very heart of the presumed feedback mechanism usually assumed to amplify carbon-induced warming. The overall effect is summarized by the so-called carbon sensitivity, measured as the response of global temperature to a doubling of carbon concentration. The IPCC puts that sensitivity in a range of 1.5C to 4.5C. However, findings published by Nic Lewis and Judith Curry are close to the low end of that range, as are those found by Frank Bosse reported here. The uncertainties surrounding the role of cloud cover and carbon sensitivities reveal that the outputs relied upon by climate alarmists are extreme model simulations, not the kind of reliable intelligence upon which drastic policy measures should be taken.

The constant anxiety issued from the Left on the issue of climate change, and not a little haranguing of the rest of us, is misplaced. The IPCC’s scenarios for the future paths of carbon concentration are outdated and seriously exaggerated, and they represent a breach of scientific protocol. Yet the scenarios are widely used as the basis of policy discussions at both the domestic and international levels. The climate models themselves embed questionable assumptions that create a bias toward calamitous outcomes.

Yet Drastic Action Is Urged

The UN’s 2021 climate conference, or COP26 (“Conference of the Parties …”) is taking place in Glasgow, Scotland this month. Like earlier international climate conferences, the hope is that dire forecasts will prompt broad agreement on goals and commitments, and that signatory countries will translate these into policy at the national level.

Things got off to a bad start when, before COP26 even began, the G20 nations failed to agree on a goal of “net-zero” carbon emissions by 2050. Another bad portent for the conference is that China and India, both big carbon emitters, will not attend, which must be tremendously disappointing to attendees. After all, COP26 has been billed by Prince Charles himself as “the last chance saloon, literally”, for saving the world from catastrophe. He said roughly the same thing before the Paris conference in 2014. And Joe Brandon … er, Biden, blurted some hyperbole of his own:

“Climate change is already ravaging the world. … It’s destroying people’s lives and livelihoods and doing it every single day. … It’s costing our nations trillions of dollars.”

All this is unadulterated hogwash. But it is the stuff upon which a crisis-hungry media feeds. This hucksterism is but one form of climate rent-seeking. Other forms are much more troubling: scary scenarios and model predictions serve the self-interest of regulators, grant-seeking researchers, interventionist politicians, and green investors who suckle at the public teat. It is a nightmare of scientism fed by the arrogance of self-interested social planners. The renewable energy technologies promoted by these investors, politicians, and planners are costly and land-intensive, providing only intermittent output (requiring backup fossil fuel capacity), and they have nasty environmental consequences of their own.

The precautionary principle is no excuse for the extreme policies advocated by alarmists. We already have economically viable “carbon efficient” and even zero-carbon energy alternatives, such as natural gas, modular nuclear power, and expanded opportunities for exploiting geothermal energy. This argues against premature deployment of wasteful renewables. The real crisis is the threat posed by the imposition of draconian green policies to our long-term prosperity, and especially to the world’s poor.

Defang the Administrative State

14 Wednesday Apr 2021

Posted by Nuetzel in Administrative State, Discrimination, Free Speech

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Administrative Law, Administrative State, discrimination, Human Subjects, Institutional Review Boards, Internal Revenue Code, Ku Klux Klan, Philip Hamburger, Religious Speech, rent seeking, Section (501)(c)(3), Tuskegee, Woodrow Wilson

The American administrative state (AS) was borne out of frustration by statist reformers with expanded voting rights. It continues to be an effective force of exclusion and discrimination today, according to Philip Hamburger of Columbia Law School. I’ve discussed Hamburger’s commentary in the past on the extra-legal power often wielded by administrative agencies, and I will quote him liberally in what follows. At the first link above, he provides some historical context on the origins of the AS and discusses the inherently discriminatory nature of administrative law and jurisprudence.

An Abrogation of Voting Rights

Hamburger quotes Woodrow Wilson from 1887 on the difficulty of appealing to a broad electorate, a view that was nothing short of elitist and bigoted:

“‘… the reformer is bewildered’ by the need to persuade ‘a voting majority of several million heads.’ He worried about the diversity of the nation, which meant that the reformer needed to influence ‘the mind, not of Americans of the older stocks only, but also of Irishmen, of Germans, of Negroes.’ Put another way, ‘the bulk of mankind is rigidly unphilosophical, and nowadays the bulk of mankind votes.’”

Wow! Far better, thought Wilson, to leave the administration of public policy to a class of educated technocrats and thinkers whose actions would be largely independent of the voting public. But Wilson spoke out of both sides of his mouth: On one hand, he said that administration “lies outside the proper sphere of politics“, but he also insisted in the same publication (“The Study of Administration“) that public administration “must be at all points sensitive to public opinion“! Unfortunately, the views of largely independent public administrators seldom align with the views of the broader public.

Administration and Prejudice

Wilson was elected President 25 years later, and his administration did much to expand the administrative powers of the federal executive. Over the years, the scope of these powers would expand to include far more than mere administrative duties. Administrative rule-making would come to form a deep body of administrative law. And while traditional legislation would nominally serve to “enable” this activity, it has expanded in ways that are not straightforwardly connected to statute, and its impact on the lives of ordinary Americans has been massive. Furthermore, a separate legal system exists for adjudicating disputes between the public and administrative agencies, with entirely separate rules and guarantees than our traditional legal system:

“It is bad enough that administrative proceedings deny defendants many of the Constitution’s guaranteed civil procedures. … In addition, all administrative proceedings that penalize or correct are criminal in nature, and they deny defendants their procedural rights, such as their right to a jury and their right to be presumed innocent until proven guilty beyond a reasonable doubt. Of course, these administrative proceedings deny procedural rights to all Americans, but they are especially burdensome on some, such as the poor.“

The AS has truly become a fourth, and in many ways dominant, branch of government. Checks and balances on its actions are woefully inadequate, and indeed, Wilson considered that a feature! It represents a usurpation of voting rights, but one that is routinely overlooked by defenders of universal suffrage. It is also highly prejudiced and discriminatory in its impact, which is routinely overlooked by those purporting to fight discrimination.

Bio-Medical Discrimination

Hamburger devotes some of his discussion to Institutional Review Boards (IRBs), which are mandated by federal law to conduct prior reviews of research in various disciplines. These boards are generally under the authority of the Department of Health and Human Services. One major objective of IRBs is to prevent research involving human subjects, but this prohibition can be very misguided, and the reviews impose costly burdens and delays of studies, often stopping them altogether on trivial grounds:

“This prior review inevitably delays and prevents a vast array of much entirely innocent bio-medical research. And because the review candidly focuses on speech in both the research and its publication, it also delays and prevents much bio-medical publication.

The consequences, particularly for minorities, are devastating. Although supposedly imposed by the federal government in response to scientific mistreatment of black individuals, such as at Tuskegee, the very solicitousness of IRBs for minorities stymies research on their distinctive medical problems. …

When government interferes with medical research and its publication—especially when it places administrative burdens on research and publication concerning minorities—the vast costs in human life are entirely predictable and, of course, discriminatory.”

Stifling Political Speach

Hamburger tells the story of Hiram Evans, a 1930s crusader against religious influence on voters and legislators. Evans also happened to be the Imperial Wizard of the Ku Klux Klan. Hamburger classifies Evans’ agitation as an important force behind nativist demands to outlaw religious speech in politics. Ultimately, Congress acquiesced, imposing limits on certain speech by non-profits. Individuals are effectively prohibited from fully participating in the political process through religious and other non-profit organizations by Section (501)(c)(3) of the Internal Revenue Code. Of course, tax-exempt status is critical to the survival and growth of many of these institutions. More traditionally religious individuals are often heavily reliant upon their faith-based organizations not just for practicing their faith, but as centers of intellectual and social life. Needless to say, politics intersects with these spheres, and to prohibit political speech by these organizations has an out-sized discriminatory impact on their members.

The insulation of the AS from the democratic process, and the effective limits on religious speech, often mean there is little leeway or tolerance within the AS for individuals whose religious beliefs run counter to policy:

“The difference between representative and administrative policymaking is painfully clear. When a legislature makes laws, the policies that bear down on religion are made by persons who feel responsive to religious constituents and who are therefore usually open to considering exemptions or generally less severe laws.”

But there are other fundamental biases against religious faith and practices within the AS:

“… when policies come from administrative agencies, they are made by persons who are chosen or fired by the executive, not the public, and so are less responsive than legislators to the distinctive needs of a diverse people. They are expected, moreover, to maintain an ethos of scientism and rationality, which—however valuable for some purposes—is indifferent and sometimes even antagonistic to relatively orthodox or traditional religion, let alone the particular needs of local religious communities.“

Sucking Life From the Republic

The administrative state imposes a variety of economic burdens on the private sector. This is not just costly to economic growth. It also creates innumerable opportunities for rent-seeking by interest groups of all kinds, including private corporations whose competitive interests often lead them to seek advantage outside of traditional participation in markets.

Hamburger’s arguments are even more fundamental to the proper functioning of a republic, but they are probably difficult for many journalists and politicians to fully grasp. He identifies some core structural defects of the administrative state, and he does so with great passion. He sums things up well in his closing:

“… was founded on racial and class prejudice, it is still supported by class prejudice. Moreover, by displacing laws made by elected lawmakers, it continues to discriminate against minorities of all sorts. Along the way, it stifles much scientific inquiry and publication with devastating costs, particularly for minorities. It is especially discriminatory against many religious Americans. And it eviscerates the Constitution’s procedural rights, not least in cases criminal in nature.

So, if you are inclined to defund oppression, defund the administrative state. If you want to tear down disgraceful monuments, demolish the prejudiced and discriminatory power that is Woodrow Wilson’s most abysmal legacy. If you are worried about stolen votes, do not merely protest retail impediments to voting, but broadly reject the wholesale removal of legislative power out of the hands of elected legislators. And if you are concerned about the injustice of the criminal justice system, speak up against the loss of juries, due process, and other rights when criminal proceedings get transmuted into administrative proceedings.

Little in America is as historically prejudiced or systematically discriminatory as administrative power. It is a disgrace, and it is time to take it down.“

Statism and Self-Harm

18 Tuesday Feb 2020

Posted by Nuetzel in Free markets, Government Failure, Uncategorized

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Andre Schleifer, Autocracy, Chinese Interment Camps, Friedrich Hayek, Kazakh Muslims, New York Times, P.J. O'Rourke, Reason.com Nick Gillespie, Reeducation, rent seeking, statism, The Road To Serfdom, Tom Friedman, Uighur Muslims

 

Some have a tendency to think their problems can be solved only through the intervention of some powerful, external force. That higher power might be God, but at a more temporal level, government is often presumed to be a force to fix all things that need fixing. “There oughta be a law” is a gut reaction to things we find injurious or that offend; government has the resources, or the coercive power to get the resources, to undertake big, appealing projects; and of course government has the coercive power to “rearrange the deck chairs” in ways that might satisfy anyone’s sense of justice and fairness, so long as they get their way. Whenever people perceive some need they believe to be beyond their private capacity, or mere convenience, government action is the default option, and that’s partly because many think it’s the only option.

That’s the appeal of “democratic socialism”, to use a name that unintentionally emphasizes a very real danger of democracy: the tyranny of the majority. It’s a dismal way station along the road to serfdom, to borrow a phrase from Hayek.

Government, however, repeatedly demonstrates it’s sheer incompetence and its expedience as a vehicle for graft. And it’s not as if these failures go unrecognized. Everyone knows it! This is nowhere more true than when the state interferes with private markets or attempts to steer the economy’s direction at either an aggregate or industry level. But here we have a dark irony, as told by Nick Gillespie at Reason:

“Again and again—and in countries all over the world—declines in trust of government correlate strongly with calls for more government regulation in more parts of our lives. ‘Individuals in low-trust countries want more government intervention even though they know the government is corrupt,’ explain the authors of a 2010 Quarterly Journal of Economics paper. That’s certainly the case in the United States, where the size, scope, and spending of government has vastly increased over exactly the same period in which trust and confidence in the government has cratered. In 2018, I talked with one of the paper’s authors, Andrei Shleifer, a Harvard economist who grew up in the Soviet Union before coming to America. Why do citizens ask a government they don’t believe in to bring order? ‘They want regulation,’ he said. ‘They want a dictator who will bring back order.'”

Against all historical evidence and forebodings, the wish for a benevolent dictator! As if it’ll be different this time! Are we all statists? Certainly not me, but the Left is full of them. One prominent example is columnist Tom Friedman of the New York Times, who has expressed the sometimes fashionable view that “things get done” under dictatorships:

“One-party autocracy certainly has its drawbacks. But when it is led by a reasonably enlightened group of people, as China is today, it can also have great advantages. … That one party can just impose the politically difficult but critically important policies needed to move a society forward in the 21st century.”

Tell it to the interred Kazakh and Uighur Muslims undergoing “reeducation” in China. The Right has its share of statists as well, and it is typically expressed in desires for enforced social conservatism.

People seem to have a vague idea that everyone else must either be misbehaving or in misery. And despite the well-tested fallibility and lack of trust in government, people persist in believing that the public sector can conjure magic to solve their problems. But the state gets bigger and bigger while solving few problems and exacerbating others. In fact, as government grows, it makes rent seeking a more viable alternative to productive effort. Like the giant zero-sum game that it is, the expansion of government provides the very means to pick away at the wealth of others. When faced with these incentives, people most certainly will misbehave on small and large scales!

The truth is that individuals hold the most potent regulatory force in their own hands: the voluntary nature of trade. It protects against over-pricing, under-pricing, and inferior quality along many dimensions, but it demands discipline and a willingness to walk away. It also demands a willingness to put forth productive effort, rather than coveting the property of others, and taking from others via political action. To paraphrase P.J. O’Rourke, if you think things are expensive now, wait till they’re free!

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