Archive for the ‘Environment’ Category.

Diesel Emissions Cheating, Regulation, and the Crony State

One of my favorite correspondents, also the proprietor of the Finem Respice blog, sent me a note today about my article the other day about cheating on diesel emissions regulations.   The note covers a lot of ground but is well worth reading to understand the crony-regulatory state.  They begin by quoting me (yes, as I repeat so often, I understand that "they" is not grammatically correct here but we don't have a gender-neutral third person pronoun and so I use "they" and "their" as substitutes, until the SJW's start making me use ze or whatever.)

"My thinking was that the Cat, Cummins, and VW cheating incidents all demonstrated that automakers had hit a wall on diesel emissions compliance -- the regulations had gone beyond what automakers could comply with and still provide consumers with an acceptable level of performance."

Exactly. More importantly, the regulators KNEW it. I was researching energy shorts and had a ton of discussions with former regulatory types in the U.S. I was stunned to discover that there was widespread acknowledgement on the regulatory side that many regulations were impossible to comply with and so "compliance trump cards" were built into the system.

For instance, in Illinois you get favorable treatment as a potential government contractor if you "comply" with all sorts of insane progressive policy strictures. "Woman or minority owned business" or "small business owner", as an example. Even a small advantage in the contracting process for (for example) the State of Illinois puts you over the edge. Competitors without (for instance) the Woman or Minority Owned Business certification would have to underbid a certified applicant by 10-15% (it's all a complex points system) to just break even. It got so bad so quickly that the regs were revised to permit a de minimis ownership (1%). Of course, several regulatory lawyers quickly made a business out of offering minority or women equity "owners" who would take 1% for a fee (just absorb how backwards it is to be paying a fee to have a 1% equity partner) with very restrictive shareholder agreements. Then it became obvious that you'd get points for the "women" and "minority" categories BOTH if you had a black woman as a proxy 1% "owner." There was one woman who was a 1% owner of 320 firms.

Some of my favorites include environmental building requirements tied to government contract approval. The LEED certification is such a joke. There are a ton of "real" categories, like motion detecting lights, solar / thermal filtering windows, CO2 neutral engineering. But if you can't get enough of that, you can also squeeze in with points for "environmental education". For instance, a display in the lobby discussing the three solar panels on the roof, or with a pretty diagram of the building's heat pump system. You can end up getting a platinum LEED certification and still have the highest energy consumption density in the city of Chicago, as it turns out.

U.S. automakers have been just as bad. There's been a fuel computer "test mode" for emissions testing in every GM car since... whenever. Also, often the makers have gotten away with "fleet standards" where the MPG / emissions criteria are spread across the "fleet." Guess how powerful / "efficient" the cars that get sent to Hertz or Avis are.

Like so many other things in the crony capitalist / crudely protectionist United States, (e.g. banking prosecutions) foreign firms will get crucified for industry-wide practices.

Gee, I wonder if state-ownership of GM has been a factor in sudden acceleration / emissions prosecutions?

BTW, I wrote about the silliness of LEED certification here, among other places, after my local Bank of America branch got LEED certified, scoring many of their points by putting EV-only spaces (without a charger) in the fron of the building.  In a different post, I made this comparison:

I am not religious but am fascinated by the comparisons at times between religion and environmentalism.  Here is the LEED process applied to religion:

  • 1 point:  Buy indulgence for $25
  • 1 point:  Say 10 Our Fathers
  • 1 point:  Light candle in church
  • 3 points:  Behave well all the time, act charitably, never lie, etc.

It takes 3 points to get to heaven.  Which path do you chose?

Solar Roads -- Remember These When Environmentalists Accuse You of Being "Anti-Science"

I have written about the horribly stupid but oddly appealing idea of solar roads many times before, most recently here.  As a quick review, here are a few of the reasons the idea is so awful:

 Even if they can be made to sort of work, the cost per KwH has to be higher than for solar panels in a more traditional installations -- the panels are more expensive because they have to be hardened for traffic, and their production will be lower due to dirt and shade and the fact that they can't be angled to the optimal pitch to catch the most sun.  Plus, because the whole road has to be blocked (creating traffic snafus) just to fix one panel, it is far more likely that dead panels will just be left in place rather than replaced.

But the environmentalists are at it again, seem hell-bent on building solar roads with your tax money;  (hat tip to a reader, who knew these solar road stories are like crack for me)

France has opened what it claims to be the world’s first solar panel road, in a Normandy village.

A 1km (0.6-mile) route in the small village of Tourouvre-au-Perche covered with 2,800 sq m of electricity-generating panels, was inaugurated on Thursday by the ecology minister, Ségolène Royal.

It cost €5m (£4.2m) to construct and will be used by about 2,000 motorists a day during a two-year test period to establish if it can generate enough energy to power street lighting in the village of 3,400 residents.

The choice of Normandy for the first solar road is an odd one, given that:

Normandy is not known for its surfeit of sunshine: Caen, the region’s political capital, enjoys just 44 days of strong sunshine a year

Wow, nothing like a 12% utilization to really bump up those returns on investment.

The article follows the first rule of environmental writing, which is to give the investment required or the value of the benefits, but never both (so the return on investment can't be calculated).  This article follows this rule, by giving the investment but stating the benefits in a way that is impossible for the average person to put a value on, e.g. "enough energy to power street lighting in the village of 3,400 residents".  Since we have no idea how well-lighted their streets are or how efficient the lighting is, this is meaningless.  And by the way, they forgot to discuss any discussion of batteries and their cost if they really are going to run night-time lighting with solar.

But, the article does actually give something close to the numbers one would like to have to evaluate another similar investment, and oh boy are the numbers awful:

In 2014, a solar-powered cycle path opened in Krommenie in the Netherlands and, despite teething problems, has generated 3,000kWh of energy – enough to power an average family home for a year. The cost of building the cycle path, however, could have paid for 520,000kWh.

As a minimum, based on these facts, the path has been opened 2 years and thus generates 1500 kWh a year (though probably less since it likely has been open longer than 2 years).  This means that this investment repays about 0.29 percent of its investment every year.  If we ignore the cost of capital, and assume unlimited life of the panels (vs a more likely 5-10 years in this hard service) we get an investment payback period of only 347 years.  Yay!

Why Wind and Solar Are Not Currently the Answer on Emissions Reductions

I have made this point forever, but it always bears repeating -- the variability of wind and solar require hot fossil fuel backups that leads to little reduction in total fossil fuel generation capacity (so that wind and solar investments are entirely duplicative) and less-than-expected reductions in actual emissions.

I don't think wind will ever be viable, except perhaps in a few unique offshore locations.  Solar is potentially viable with a 10x or so reduction in panel costs and a 10-100x reduction in battery/energy storage costs.  I honestly think that day will come, but we are not there.

From the Unbroken Window comes this slide from an interesting presentation at the Ontario Society of Professional Engineers, essentially making the same points I and others have been trying to make for years.


I made the point about nuclear in my climate legislative proposal here.

The Electric Vehicle Mileage Fraud Update: Singapore Figures It Out

Long-time readers know that while I have no particular problems with electric cars, I do think that the EPA uses fraudulent standards for evaluating the equivalent fuel economy or MPGe of electric vehicles.  In short, the current Obama standard ignores the previous Clinton-era methodology and creates a crazy new standard that assumes fossil fuels are burned with perfect efficiency when making electricity.  Most of my readers (but perhaps few Obama voters) will understand this assumption to be absurd.  The result is, as discussed here in Forbes, that the current MPGe numbers for electric vehicles are overstated by a factor of 3 (specifically you need to multiply them by 36.5% to get the correct equivalent amount of fossil fuels that must be burned in the power plant to power the electric car).  When this correction is made, cars like the Nissan Leaf are good (but not as good as a Prius) and cars like the old Fiskers Karma get worse mileage than a SUV.

As I wrote in the article on the Karma,

...electric vehicle makers want to pretend that the electricity to charge the car comes from magic sparkle ponies sprinkling pixie dust rather than burning fossil fuels. Take this quote, for example:

a Karma driver with a 40-mile commute who starts each day with a full battery charge will only need to visit the gas station about every 1,000 miles and would use just 9 gallons of gasoline per month.

This is true as far as it goes, but glosses over the fact that someone is still pouring fossil fuels into a tank somewhere to make that electricity.  This seems more a car to hide the fact that fossil fuels are being burned than one designed to actually reduce fossil fuel use.  Given the marketing pitch here that relies on the unseen vs. the seen, maybe we should rename it the Fisker Bastiat.

Well, congrats to Singapore.   They seem to have figured out what the US hasn't :

In the United States, motorists who buy a new Tesla Model S are eligible for an array of federal and local tax breaks because the all-electric sedan is considered a zero-emissions car. The story is different in Singapore, however, where the nation’s first Model S owner just found out his car is subject to heavy taxes because it’s lumped in the same category as some of the dirtiest new cars on the market.

Joe Nguyen explains he spent seven months trying to import a Model S that he bought in Hong Kong to his home in Singapore. The government’s Carbon Emissions-based Vehicle Scheme (CEVS) rewards motorists who import a used eco-friendly car with a roughly $11,000 tax break, but Nguyen was slapped with an $11,000 fine based on the conclusion that the S uses too much electricity.

“I don’t get it, there are no emissions. Then they send out the results from VICOM, stating that the car was consuming 444 watt hours per kilometer. These are not specs that I have seen on Tesla’s website, or anywhere else for that matter,” explained Nguyen in an interview with Channel NewsAsia.

A spokesperson for Singapore’s Land Transport Authority (LTA) said the fine is fair and completely justified.

“As for all electric vehicles, a grid emission factor of 0.5 g CO2/Wh was also applied to the electric energy consumption. This is to account for CO2 emissions during the electricity generation process, even if there are no tail-pipe emissions,” wrote the spokesperson in a statement. The LTA added that it had never tested a Model S before it received Nguyen’s car.

That means that, under Singaporean regulations, the Model S falls in the same emissions category as cars with an internal combustion engine that emits between 216 and 230 grams of CO2 per kilometer. In other words, it’s about as eco-friendly a high-performance, gasoline-burning models like the Audi RS 7, the Mercedes-AMG GT S, and the Porsche Cayenne S.

Actually, the US DOE does in fact publish electricity usage in watts per mileage driven.   They list numbers in the range of 38 KwH per 100 miles for the Model S, which would be about 238 watt hours per kilometer, so such numbers exist though Singapore thinks the car is less efficient than does Obama's DOE.  By my calculation the true MPGe (if the DOE's electric efficiency numbers are trustworty) of the car should be around 32, which is good for a large performance car (and well better than the competitive cars cited) but probably not lofty enough to deserve a subsidy.  Singapore's calculations that the Model S is as dirty as these cars on a CO2 emissions basis may still be correct even if it is more efficient if most of Singapore's electricity is produced by coal.

The Science is Settled!

“Scientists have solid experimental and theoretical evidence to support…the following predictions: In a decade, urban dwellers will have to wear gas masks to survive air pollution…by 1985 air pollution will have reduced the amount of sunlight reaching earth by one half….”
• Life Magazine, January 1970

Other prediction fails from the first Earth Day here.

Missing From the Volkswagen Diesel "Fix" Messaging -- How Much Performance Will Your Car Lose?

Nowhere in this video does it mention how much of a performance hit one's car will take in the modifications.  My guess is a lot, or else they would not have risked so blatant of a legal evasion in the first place.   If I had a VW diesel there would be no way I would take the car in for this modification, certainly not before others have had a chance to share their experience.   My guess is that VW will require dealers to make these changes whenever a car comes in for any sort of service, so I wonder if there will be a boomlet for non-dealer VW shops who are willing to fix your air conditioning without implementing these changes?

A Keystone Hack

Well, we have reached another milestone in our permission-based economy with the Administration's rejection of the Keystone Pipeline.  We have zillions of miles of pipelines and are actually wasting energy and creating environmental messes moving the same oil by the inferior option of rail, but somehow this one pipeline had to be opposed.

Actually, the only reason this project is in front of the administration at all is because it crosses the Canadian border, which requires  State Department sign-off.  Which leads me to wonder if there is a hack.  Why not take the pipeline right up to the border from both sides and create a rail line across the border using a continuous loop of tank cars.  Its kludgy and inefficient, but probably less so than moving the oil long distance by rail.

I am reminded of this from a story long ago off Santa Barbara.  Exxon had gotten permission to drill in Federal waters, but local state/county folks wanted to find a way to stop the oil development.  Plans were (as is typical for any offshore oil) for a separation facility on shore that would separate oil, gas, and water from the mix that usually comes up out of the ground.    The state or local folks (can't remember which) refused to permit the separation facility, thinking that would kill the project.  But Exxon built what I believe was a unique separation facility on a boat and anchored the boat offshore.  No land permits necessary.

This is very similar, in my mind, to the pipeline decision.  California's attempt to block oil development altogether proved futile, just as Obama's decision will have little effect on long-term Canadian oil development.  But it did, in both cases, force a workaround (rail and the separator ship) that were almost certainly environmentally worse solutions than those that were halted.

Is This REALLY What Environmentalists Are After?

I have seen this story all over the place, touting some Indian airport that will, gasp, entirely power itself with solar.  Look at the picture environmentalists are bragging about.  The solar panels to power a few buildings cover perhaps 10x or more of the land taken up by the buildings themselves.  They paved paradise and put up ... a solar farm.

airport solar

It's Not A Market Failure When People Avoid a Crappy Investment

Environmentalists often claim that people systematically under-invest in energy conservation, something they call a market failure.   This is why Obama and the Left put in a much heralded provision in the stimulus package that used Federal money to subsidize home energy conservation (new windows and insulation and such).

A new study in the NBER looks at the results.  This is the abstract:

Conventional wisdom suggests that energy efficiency (EE) policies are beneficial because they induce investments that pay for themselves and lead to emissions reductions. However, this belief is primarily based on projections from engineering models. This paper reports on the results of an experimental evaluation of the nation’s largest residential EE program conducted on a sample of more than 30,000 households. The findings suggest that the upfront investment costs are about twice the actual energy savings. Further, the model-projected savings are roughly 2.5 times the actual savings. While this might be attributed to the “rebound” effect – when demand for energy end uses increases as a result of greater efficiency – the paper fails to find evidence of significantly higher indoor temperatures at weatherized homes. Even when accounting for the broader societal benefits of energy efficiency investments, the costs still substantially outweigh the benefits; the average rate of return is approximately -9.5% annually.

The only failure here is the government diverting capital from productive uses into money-losing ventures like this one.

A Great Example of How the Media Twists Facts on Climate

First, let's start with the Guardian headline:

Exxon knew of climate change in 1981, email says – but it funded deniers for 27 more years

So now let's look at the email, in full, which is the sole source for the Guardian headline.  I challenge you, no matter how much you squint, to find a basis for the Guardian's statement.  Basically the email says that Exxon knew of the concern about global warming in 1981, but did not necessarily agree with it.  Hardly the tobacco-lawyer cover-up the Guardian is trying to make it sound like.  I will reprint the email in full because I actually think it is a pretty sober view of how good corporations think about these issues, and it accurately reflects the Exxon I knew from 3 years as a mechanical / safety engineer in a refinery.

I will add that you can see the media denial that a lukewarmer position even exists (which I complained about most recently here) in full action in this Guardian article.  Exxon's position as described in the Guardian's source looks pretty close to the lukewarmer position to me -- that man made global warming exists but is being exaggerated.   But to the Guardian, and many others, there is only full-blown acceptance of the most absurd exaggerated climate change forecasts or you are a denier.  Anyway, here is the email in full:

Corporations are interested in environmental impacts only to the extent that they affect profits, either current or future. They may take what appears to be altruistic positions to improve their public image, but the assumption underlying those actions is that they will increase future profits. ExxonMobil is an interesting case in point.

Exxon first got interested in climate change in 1981 because it was seeking to develop the Natuna gas field off Indonesia. This is an immense reserve of natural gas, but it is 70% CO2. That CO2 would have to be separated to make the natural gas usable. Natural gas often contains CO2 and the technology for removing CO2 is well known. In 1981 (and now) the usual practice was to vent the CO2 to the atmosphere. When I first learned about the project in 1989, the projections were that if Natuna were developed and its CO2 vented to the atmosphere, it would be the largest point source of CO2 in the world and account for about 1% of projected global CO2 emissions. I’m sure that it would still be the largest point source of CO2, but since CO2 emissions have grown faster than projected in 1989, it would probably account for a smaller fraction of global CO2 emissions.

The alternative to venting CO2 to the atmosphere is to inject it into ground. This technology was also well known, since the oil industry had been injecting limited quantities of CO2 to enhance oil recovery. There were many questions about whether the CO2 would remain in the ground, some of which have been answered by Statoil’s now almost 20 years of experience injecting CO2 in the North Sea. Statoil did this because the Norwegian government placed a tax on vented CO2. It was cheaper for Statoil to inject CO2 than pay the tax. Of course, Statoil has touted how much CO2 it has prevented from being emitted.

In the 1980s, Exxon needed to understand the potential for concerns about climate change to lead to regulation that would affect Natuna and other potential projects. They were well ahead of the rest of industry in this awareness. Other companies, such as Mobil, only became aware of the issue in 1988, when it first became a political issue. Natural resource companies – oil, coal, minerals – have to make investments that have lifetimes of 50-100 years. Whatever their public stance, internally they make very careful assessments of the potential for regulation, including the scientific basis for those regulations. Exxon NEVER denied the potential for humans to impact the climate system. It did question – legitimately, in my opinion – the validity of some of the science.

Political battles need to personify the enemy. This is why liberals spend so much time vilifying the Koch brothers – who are hardly the only big money supporters of conservative ideas. In climate change, the first villain was a man named Donald Pearlman, who was a lobbyist for Saudi Arabia and Kuwait. (In another life, he was instrumental in getting the U.S. Holocaust Museum funded and built.) Pearlman’s usefulness as a villain ended when he died of lung cancer – he was a heavy smoker to the end.

Then the villain was the Global Climate Coalition (GCC), a trade organization of energy producers and large energy users. I was involved in GCC for a while, unsuccessfully trying to get them to recognize scientific reality. (That effort got me on to the front page of the New York Times, but that’s another story.) Environmental group pressure was successful in putting GCC out of business, but they also lost their villain. They needed one which wouldn’t die and wouldn’t go out of business. Exxon, and after its merger with Mobil ExxonMobil, fit the bill, especially under its former CEO, Lee Raymond, who was vocally opposed to climate change regulation. ExxonMobil’s current CEO, Rex Tillerson, has taken a much softer line, but ExxonMobil has not lost its position as the personification of corporate, and especially climate change, evil. It is the only company mentioned in Alyssa’s e-mail, even though, in my opinion, it is far more ethical that many other large corporations.

Having spent twenty years working for Exxon and ten working for Mobil, I know that much of that ethical behavior comes from a business calculation that it is cheaper in the long run to be ethical than unethical. Safety is the clearest example of this. ExxonMobil knows all too well the cost of poor safety practices. The Exxon Valdez is the most public, but far from the only, example of the high cost of unsafe operations. The value of good environmental practices are more subtle, but a facility that does a good job of controlling emission and waste is a well run facility, that is probably maximizing profit. All major companies will tell you that they are trying to minimize their internal CO2 emissions. Mostly, they are doing this by improving energy efficiency and reducing cost. The same is true for internal recycling, again a practice most companies follow. Its just good engineering.

Heisenberg's Theorum on Green Energy Measurement

Theorum:  A media article on a wind or solar project will give its installation costs or the value of its energy produced, but never both.

Corollary 1:  One therefore can never assess the economic reasonableness of any green energy project from a single media article

Corollary 2:  For supporters of green energy, there is a good reason for Corollary #1.

When "Pro-Science" Environmentalists Fall For Idiotic Technologies: Solar Roads Edition

I am mostly inured to being told I am "anti-science" for thinking manmade global warming will be less than catastrophic.  In debate situations (which are increasingly rare, since most colleges where I do most of my speaking no longer want a second side in climate discussions) I usually can demonstrate I know a hell of a lot more about the science than my opponent in the first 3 minutes or so.

But the whole "pro-science" pose of environmentalists is especially funny when they get really excited about some very stupid technology.  Environmentalists' support for corn ethanol is a good case in point.  Most of them have retreated on this, and the media has pretty much allowed them to pretend they were never really vociferous supporters of this technology that most now consider (and I considered from the beginning) to be environmentally damaging.

Here is the new, latest, greatest example.  From Think Progress, where else, but the story has been reprinted all over the hip environmental Left:

The World’s First Solar Road Is Producing More Energy Than Expected


In its first six months of existence, the world’s first solar road is performing even better than developers thought.

The road, which opened in the Netherlands in November of last year, has produced more than 3,000 kilowatt-hours of energy — enough to power a single small household for one year, according to Al-Jazeera America.

“If we translate this to an annual yield, we expect more than the 70kwh per square meter per year,” Sten de Wit, a spokesman for the project — dubbed SolaRoad — told Al Jazeera America. “We predicted [this] as an upper limit in the laboratory stage. We can therefore conclude that it was a successful first half year.”

De Wit said in a statement that he didn’t “expect a yield as high as this so quickly.”

The 230-foot stretch of road, which is embedded with solar cells that are protected by two layers of safety glass, is built for bike traffic, a use that reflects the road’s environmentally-friendly message and the cycling-heavy culture of the Netherlands.

In the US, we pay about 12 cents a KwH for electricity  (the Dutch probably pay more).  But at this rate, in 6 months, the solar sidewalk has generated... $360 of electricity.  Double that for a year, and we get $720 of electricity a year.

How much did the sidewalk cost?  The article doesn't say.  You will find this typical of wind and solar articles.  If they quantify the installation cost, they will not quantify the value of power produced.  If they quantify the power produced, they will never quantify the installation cost. This article says the installation cost was $3.5 million, though I suppose one should subtract from that the cost to build a similar length concrete bike path, but that can't be more than $100,000 for 230 feet.  They say they are getting 70kwh per year per square meter, which is $8.40 worth of electricity per square meter per year.  Since regular solar panels - without all the special glass overlays and installation in the ground and inverters and wiring - cost about $150-$200 per square meter, you can see this is a horrible investment.

Part of the reason this is a bad investment is that solar panels are simply not efficient enough and cheap enough to be cost effective -- I think they will be someday, but not now.   But this project has special problems:

  • The panels are actually in the ground with people driving over them.  Honestly, could one actually choose a worse spot for a solar panel?  This installation location, vs. say a roof, adds incredible cost to toughen the panels for wear.  Also, it increases their maintenance costs and likely reduces their life.
  • Even worse, the panels have to sit flat on the ground, which is not the most efficient place for them.  Panels are most efficient if tilted at an angle and (in the case of Holland) facing south.  Further, they are more efficient up in the air where they do not get shaded by trees or buildings.

This is just stupid, stupid, stupid.  Perhaps if solar becomes more efficient and we have run out of space on every roof in the world, one might possibly maybe (but probably not) consider this.  But despite the inherent inanity of this idea, look at all the articles on Solaroad -- Think Progress, the Huffington Post, Engadget, Tree Hugger, Extreme Tech, NPR, Sustainable Business -- they all have multiple, gushing, unrelentingly positive articles about this.  Look at all the positively fawning comments on Think Progress.  I can't find a single article on the web that is even slightly skeptical.

 Update:  A reader sends me this epic video takedown of this stupid idea.  He did this in advance of the article today.  He finds it to be complete BS, despite the fact that he overestimates electrical production by a factor of 2.

Nestle: Private Company Getting Blamed for Government Incompetence

The story begins with a discovery that the permit under which Nestle's Arrowhead Water has been collecting water in the San Bernardino National Forest expired in 1988.  LOL, oops.  Environmental and other Leftish sites are calling for Nestle's head and somehow blaming Nestle for this.

As a permittee with the US Forest Service (USFS) in California and across the country, I can guess with pretty high confidence exactly what happened here.  For years I was head of a trade group of recreation concessionaires (think lodges and guides and such) who do business in the USFS under permit.  Most of these were located in California.  For years, the biggest problem we have had with the USFS in California is that they are years and years behind in nearly all their permit renewals.  There are literally hundreds of expired permit in the USFS in California alone.

For reasons that probably go to bureaucratic incentives, despite the Forest Service's huge budget, they are loath to allocate resources to renewing these permits -- they want to fill their organization with biologists and archaeologists and arborists, not contracts people.  Making the situation worse, Forest Service and other Federal rules have burdened the permit renewal process with so many legal requirements that each one, even if trivial in size and impact, is absurdly time-consuming to complete.

This is not a new situation -- it has obtained for years.  Almost five years ago I met personally with the Chief of the Forest Service in DC and begged for more resources to be assigned to permit renewals, but to no avail.   I did the same in a meeting barely a month ago with the head of the USFS's Region 5 (basically California).   All of us permittees have been vociferously complaining about this for years.

When you look at these situations, then, what you will see is not some evil private business trying to get over on the public, but a business that is literally screaming in frustration, year in and year out, begging the US Forest Service to address its permit renewal.   Generally, local Forest Service staff will give the company verbal assurances that they should keep operating, so they do, continuing to pay their fees and operate within the guidelines of the old, expired contract.

I would be willing to bet a fair amount of money that this is exactly what happened to Nestle.

By the way, the usual groups seem to be piling on Nestle about bottled water from the Sacramento tap water system.  A couple of comments:

  • Environmentalists seem to obsessively hate bottled water, but ignore what a trivial, trivial percentage of total water use is bottled.
  • Critics are accusing Nestle of making obscene profits on Sacramento tap water.  But if they really think the spread between tap water and bottled water is too large, isn't the real issue that Sacramento is under-pricing its tap water?  After all, Nestle is paying what everyone else in the town is paying for water.
  • Environmentalists have a misguided fetish for local foods, often ignoring that transportation costs and energy are a tiny percentage of most food production costs  (a percentage small enough to be dwarfed by differential productivity of soils and climates).  But here, all they can possibly accomplish is to chase Nestle's bottling plant out of California and then have the water trucked back into the state.  This might be a net gain depending on the differential value of California water vs. fuel, but we can't know that because California water pricing is so screwed up.

Consensus Science

The invaluable Carpe Diem blog has a compendium of 18 forecasts of doom that were made on or around the first Earth Day in 1970 -- all of which turned out wrong.   Here is an example:

8. Peter Gunter, a North Texas State University professor, wrote in 1970, “Demographers agree almost unanimously on the following grim timetable: by 1975 widespread famines will begin in India; these will spread by 1990 to include all of India, Pakistan, China and the Near East, Africa. By the year 2000, or conceivably sooner, South and Central America will exist under famine conditions….By the year 2000, thirty years from now, the entire world, with the exception of Western Europe, North America, and Australia, will be in famine.”

9. In January 1970, Life reported, “Scientists have solid experimental and theoretical evidence to support…the following predictions: In a decade, urban dwellers will have to wear gas masks to survive air pollution…by 1985 air pollution will have reduced the amount of sunlight reaching earth by one half….”

Participants in the global warming debate today will surely recognize the formulation of these statements as representing a consensus scientific opinion.

For those of you too young to actively follow the news in the 1970s, Mark Perry is not cherry-picking cranks.  These fearful quotations are representative of what was ubiquitous in the media of that time.

My school (Kinkaid in Houston) took speech and debate very seriously and had a robust debate program even in middle school.  In 1975-1976 the national debate topic was this:

Resolved:  That the development and allocation of scarce world resources should be controlled by an international organization

The short answer to this proposition should realistically have been:  "you have got to be f*cking kidding me."  But such were the times that this was considered a serious proposal worth debating for the entire year.  In fact, in doing research, it was dead-easy to build up suitcases of quotations of doom to support the affirmative;  it was far, far harder finding anyone who would argue that a) the world was not going to run out of everything in a few decades and b) that markets were an appropriate vehicle for managing resources.   I could fill up an hour reading different sources predicting that oil would have run out by 1990 or 2000 at the latest.

OK, I Relent: I Will Support A Carbon Tax If Y'all Will Stop the Torrent of Stupid

President Obama is preparing to unleash a Colorado-River-sized torrent of stupid.  He wants to spend tens of billions of dollars on goofy green energy projects that will have an indiscernible affect on world temperatures but will have a very robust effect on some crony bottom lines.   Here is one example:

As part of President Obama’s plans to combat climate change, the White House announced a program on Friday for the U.S. Department of Energy to train 75,000 people to work in the solar power industry by 2020, many of whom will be part of a military veterans jobs initiative called Solar Ready Vets.

Seriously, is the training costs of workers really a substantial portion of a solar installation?

Andrea Luecke, president and executive director of the Solar Foundation, which publishes the annual National Solar Jobs Census, said that Obama’s announcement will not likely increase the size of the solar industry’s workforce but will instead ensure that the industry will be able to find highly skilled workers to fill jobs.

“We’re experiencing difficulty finding more skilled and qualified workers to install and do design work required,” she said, adding that the industry’s workforce has a “skills gap” as well-trained electricians and other workers go back to other construction jobs as the economy gains momentum.

I will translate that trade-group speak for you:  We like to pay our workers less than similarly-skilled construction workers so we lose a lot of skilled workers to higher paying construction companies. This program will not add any net employment to the economy but will help us keep wages lower by increasing the supply of qualified workers.

I can't help but think of Henry Ford, who famously raised the wages of his employees substantially.  The fake story is that he did this so all his workers could buy his product.   The real reason he did this was that he had horrendous labor turnover problems.  Like the solar industry, he was training folks who then left for higher paying jobs.  So he had to raise his wages to retain trained people.  How history would have changed if Ford had instead been able to call Obama and ask him to have the taxpayer pay to feed him with new, trained workers so he wouldn't have to raise his wage rates!

Seriously, did a bunch of technocrats get together and study the whole solar industry and come to the conclusion that solar installation skills were the keystone problem that was holding back the whole industry?  Of course not.  The solar industry will sink or swim based on panel costs and efficiencies.   What happened is someone said, "well the public always seems to like job training programs.  Those poll well."  And then they called the solar crony association or whatever it is called and they said, "sure, we would love to have taxpayers pay some of our training costs.  Thanks, we will be very supportive." And then someone said, "well, won't the Republicans pitch a fit over this?" And then someone had the brilliant idea of making it a veterans program -- "Republicans love soldiers, that will help defuze their opposition."  And an expensive crony giveaway was born.

About 5 years ago I said I would be willing to accept a carbon tax whose proceeds were used to reduce various labor tax rates (e.g. social security).  Substituting an energy consumption tax for a labor consumption tax was probably at least neutral and maybe even a net positive.

Now, I want to come back to that idea.  I don't believe any more than I did then that CO2-driven global warming will be catastrophic.  In fact, I am more confident than ever that while CO2-induced warming is a reality, the sensitivity of temperatures to CO2 levels is relatively low.  But please, I am willing to fully support a carbon tax that offsets some other existing tax if only we will stop all this stupid crony useless green energy stuff.  At least with a carbon tax, the markets will reduce fossil fuel use in the most efficient ways possible.  As opposed to programs like this one that will reduce fossil fuel use not at all but will cost a lot of money.

New Business Opportunity: Lolo's Eagle and Waffles Next to Large Solar Plants

From ReWire via Anthony Watts

A test of a solar power tower project in Nevada resulted in injuries to over one hundred birds, the federal government is reporting, though the project's owners say they've fixed the problem.

On January 14, during tests of the 110-megawatt Crescent Dunes Solar Energy Project near Tonopah, Nevada, biologists observed 130 birds entering an area of concentrated solar energy and catching fire. That's according to Rudy Evenson, Deputy Chief of Communications for Nevada Bureau of Land Management in Reno.

Evenson suggested that the birds may have been attracted by a glow the concentrated solar energy created above the project's sole tower.


According to Evenson, workers testing the plant moved approximately a third of the project's ten thousand mirrors to focus sunlight on a point 1,200 feet above the ground, approximately twice the height of the power tower at Crescent Dunes.

The test started at 9:00 a.m. on January 14, Evenson told Rewire. By 10:30, biologists working on the site began noticing what have become known as "streamers," trails of smoke and water vapor caused by birds entering the field of concentrated solar energy (a.k.a. "solar flux") and igniting.

By the time the test ended for the day at 3:00 p.m., biologists had counted 130 such "streamers." A subsequent test on January 15 reduced the number of mirrors aimed at the focal point above the tower, said Evenson, and that apparently ended the injuries to birds.

Oops.  It is amazing how solar gets a pass on things that other industries would be hounded into bankruptcy over.  ExxonMobil was fined by the Feds for 85 bird deaths at the company's natural gas facilities.  These deaths were spread out over 5 states and over 5 years.  This solar plant killed at least 130 birds in one location in 6 hours.  ExxonMobil was fined $7000 per dead bird.  Anyone want to bet on what the solar guys will be fined?  Vegas has set the over-under at zero.

Bill Maher, Living in an Echo Chamber

I refuse to assume (contrary to the modern practice) that someone who disagrees with me is either stupid or ill-intentioned or both [OK, I did call people idiots here -- sorry, I was ranting].  Intelligent people of goodwill can disagree with each other, and the world would be a better place if more people embraced that simple notion.

Anyway, I won't blame lack of intelligence or bad motivations for the following statement from Bill Maher.  He seems to be a smart guy who is honestly motivated by what he says motivates him.  But this statement is just so ignorant and provably false that it must be the result of living in a very powerful echo chamber where no voices other than ones that agree with him are allowed.

HBO’s Bill Maher complained that comparing climate change skepticism to vaccine skepticism was unfair to vaccine skeptics before attacking GMOs on Friday’s “Real Time.”

“The analogy that I see all the time is that if you ask any questions [about vaccines], you are the same thing as a global warming denier. I think this is a very bad analogy, because I don’t think all science is alike. I think climate science is rather straightforward because you’re dealing with the earth, it’s a rock…climate scientists, from the very beginning, have pretty much said the same thing, and their predictions have pretty much come true. It’s atmospherics, and it’s geology, and chemistry. That’s not true of the medical industry. I mean, they’ve had to retract a million things because the human body is infinitely more mysterious” he stated.

Climate science is astoundingly complex with thousands or millions of variables interacting chaotically.  Separating cause and effect is a nightmare, because controlled experiments are impossible.  It is stupendously laughable that he could think this task somehow straightforward, or easier than running a double-blind medical study  (By the way, this is one reason for the retractions in medicine vs. climate -- medical studies are straightforward enough they can be easily replicated... or not, and thus retracted.  Proving cause and effect in climate is so hard that studies may be of low quality, but they are also hard to absolutely disprove).

It is funny of course that he would also say that all of climate scientists predictions have come true.  Pretty much none have come true.  They expected  rapidly rising temperatures and they have in fact risen only modestly, if at all, over the last 20 years or so.  They expected more hurricanes and there have been fewer.  They called for more tornadoes and there have been fewer.  The only reason any have been right at all is that climate scientists have separately forecasts opposite occurrences (e.g. more snow / less snow) so someone has to be right, though this state of affairs hardly argues for the certainty of climate predictions.

By the way, the assumption that Bill Maher is an intelligent person of goodwill who simply disagrees with me on things like climate and vaccines and GMO's is apparently not one he is willing to make himself about his critics.  e.g.:

Weekly Standard Senior Writer John McCormack then pointed out that there are legitimate scientists, such as Dr. Richard Lindzen, who are skeptical of man-made climate change theories, but that there were no serious vaccine-skeptic professors, to which Maher rebutted “the ones who are skeptics [on climate change], usually are paid off by the oil industry.”

I will point out to you that the Left's positions on climate, vaccines, and GMO's have many things in common, as I wrote in a long article on evaluating risks here.

Why Its Madness To Spend So Much Effort Pressuring China to Reduce CO2 output

...because CO2 is the least of its pollution problems.  See here.   As the West has proven over the last century, it is entirely possible to have economic growth and modern technology while maintaining clean water and soot-free air.  So why don't we let China focus on that?  It is entirely unproven whether modern technology will allow economic growth without CO2 production, yet that is what we spend all of our time pestering China to do.

Environmentalists Break the Establishment Clause

Skeptics like myself often see parallels between environmentalism (as practiced by many people) and religion.  Now, they are going one step further to actually establish a state church:

Maryland Gov. Martin O’Malley made national news last year when he fought to pass and signed a tax bill that levied a tax on Marylanders, businesses and churches for the amount of “impervious surface” they have on their property.

Though the O’Malley administration calls it a “fee,” it is commonly called the “rain tax” throughout the state. It is wildly unpopular and the promise to fight to repeal the tax was a large factor in Maryland electing Republican Larry Hogan governor this month.

Now Prince George’s County is offering a way for churches to avoid paying the tax, which is estimated to be an average of $744 per year for them — preach “green” to their parishioners.

So far 30 pastors have agreed to begin “‘green’ ministries to maintain the improvements at their churches, and to preach environmentally focused sermons to educate their congregations” to avoid being hit with the tax, The Washington Post reports.

Government Accounting: The Report That Says Green Loan Program is Profitable is A Total Joke

The government claims to be making huge profits on its greentech loan program, despite losses at companies like Solyndra.

The U.S. government expects to earn $5 billion to $6 billion from the renewable-energy loan program that funded flops including Solyndra LLC, supporting President Barack Obama’s decision to back low-carbon technologies.

The Department of Energy has disbursed about half of $32.4 billion allocated to spur innovation, and the expected return will be detailed in a report due to be released as soon as tomorrow, according to an official who helped put together the data.

The results contradict the widely held view that the U.S. has wasted taxpayer money funding failures including Solyndra, which closed its doors in 2011 after receiving $528 million in government backing. That adds to Obama’s credibility as he seeks to make climate change a bigger priority after announcing a historic emissions deal with China.

Even Kevin Drum calls partial BS on this:

And yet....I'd still remain a bit cautious about the overall success of the program. Out of its $32 billion in approved loans, half represent loan guarantees to nuclear power plant developers and Ford Motor. These are not exactly risky, innovative startups. They're huge companies that could very easily have raised money without government help, and which represented virtually zero danger of default. If DOE is including returns from those loans in its forecast, color me unimpressed.

The genuinely risky half of the loan program is called Section 1705, and it includes everything that most of us think of as real renewable energy projects (wind, solar, biofuel, etc.). DOE hasn't broken that out separately.

I call further BS.  It turns out this program is actually losing money, not making money.

  1. This "study" is a classic case of assuming your conclusion. The reason the risky parts of the portfolio would lose money is if they don't pay off over the next 20 years or so they have to run. But all the study says is "The $5 billion to $6 billion figure was calculated based on the average rates and expected returns of funds dispersed so far, paid back over 20 to 25 years." In other words, if the loans turn out not to be risky, they won't be risky. LOL.
  2. I bet they are not accounting for things like Ivanpah, there the holders of the government loan are looking to pay off the government loan with .. a government subsidy. So if you squint, the loan to Ivanpah looks profitable, but no rational person would come to that conclusion about the program as a whole.
  3. Ivanpah is just a subset of a larger problem. Companies like Tesla get government subsidies (and their customers get subsidies as well) from dozens of sources. Is it really a win for taxpayers if they pay back their government loan with government money?
  4. They count the 37 basis points above treasury rates that they charge as "profit". This is crazy. I run a fairly large business. No business is getting Tbills +37 BP loans. Heck, since Tbills are at about 0%, this means they are loaning money to private concerns at less than 1%. This is a crazy large subsidy.  I could make money in over a 2-5 year period in just about anything if I could borrow at effectively 0%.
  5. Worst of all, they are not using present value.  Let's say their average spread from the Bloomberg article is 100 BP over treasuries.  That means that ignoring loan losses on a $32 billion portfolio they are making a spread of $320 million a year.  Over 20-25 years that is $6-7 billion.  Less some large loan losses that is $5-6 billion.  But notice I never discounted.  This is just adding up nominal interest spreads over 25 years.  This is insane.  Absolutely no private investor on the planet would think like this.  If you discounted the interest spread payments at any reasonable risk-adjusted rate**, then the net present value may already be less than losses in Solyndra and others and thus already in the hole, even without considering future losses.  This report is an embarrassing political exercise, not a serious economic analysis.

All of this leaves out the inherent cronyism of the whole exercise.


** I would argue that in many of these loans, and despite interest rates charged in the 0-2% range, the government was taking an equity risk.  Worse than equity risks -- these are essentially venture capital investments risks with T-bill returns (note the one private comment on the returns in the Bloomberg article is from a venture capital investor in greentech).   The taxpayers are bearing all the risk but getting none of the returns.  Any discount rate for these risks under 15-20% is far too low.

Illustrating Pollution Stories with Steam Plumes

Readers will know of my pet peeve on this issue.  It turns out this has come up as a viewer complaint at the BBC several times and they actually have a policy on it, though like many media organizations they don't consistently follow their own guide.

You can see many examples simply by searching google images for "air pollution".  The people riding bikes with masks are in actual pollution.  The rest of the photos on the first page are mainly steam plumes.  Note how the photographers like to catch the steam at dusk or backlit so they look dark and sortof smokey.

click to enlarge

Regulatory Deception

Kevin Drum quotes Politico about a coming series of Administration environmental diktats:

...The administration was committed to its upcoming deadlines many months ago, in some cases under court order, after postponing a number of the actions until after the 2012 or 2014 elections. Now that Obama is almost out of time, they’re coming all at once.

The whole "under court order" and "our of time" thing is an scam.  The Administration colludes with environmental groups to sue them demanding some regulation the Administration wants but knows it can't get through the regular legislative or regulator process.  The Administration immediately rolls over in the suit and settles, agreeing to implement the regulation it wanted in the first place.  Then it can claim the settlement of the court suit "requires" them to proceed with these regulations.  I can't tell if I should be embarrassed for the reporter writing this that they are so ignorant of how these suits work or angry that the reporting is essentially colluding in this deceptive practice.

I often wonder if Democrats really believe they will hold the White House forever.  I suppose they must, because they seem utterly unconcerned, even gleeful in fact, about new authoritarian Presidential powers they would freak out over if a Republican exercised.

Coyote's first rule of government authority:  Never support any government power you would not want your ideological enemy wielding.

HydroInfra: Scam! Investment Honeypot for Those Who Also Wanted To Ban DiHydrogen Monoxide

I got an email today from some random Gmail account asking me to write about HyrdoInfra.  OK.  The email begins: "HydroInfra Technologies (HIT) is a Stockholm based clean tech company that has developed an innovative approach to neutralizing carbon fuel emissions from power plants and other polluting industries that burn fossil fuels."

Does it eliminate CO2?  NOx?  Particulates?  SOx?  I actually was at the bottom of my inbox for once so I went to the site.  I went to this applications page.  Apparently, it eliminates the "toxic cocktail" of pollutants that include all the ones I mentioned plus mercury and heavy metals.  Wow!  That is some stuff.

Their key product is a process for making something they call "HyrdroAtomic Nano Gas" or HNG.  It sounds like their PR guys got Michael Crichton and JJ Abrams drunk in a brainstorming session for pseudo-scientific names.

But hold on, this is the best part.  Check out the description of HNG and how it is made:

Splitting water (H20) is a known science. But the energy costs to perform splitting outweigh the energy created from hydrogen when the Hydrogen is split from the water molecule H2O.

This is where mainstream science usually closes the book on the subject.

We took a different approach by postulating that we could split water in an energy efficient way to extract a high yield of Hydrogen at very low cost.

A specific low energy pulse is put into water. The water molecules line up in a certain structure and are split from the Hydrogen molecules.

The result is HNG.

HNG is packed with ‘Exotic Hydrogen’

Exotic Hydrogen is a recent scientific discovery.

HNG carries an abundance of Exotic Hydrogen and Oxygen.

On a Molecular level, HNG is a specific ratio mix of Hydrogen and Oxygen.

The unique qualities of HNG show that the placement of its’ charged electrons turns HNG into an abundant source of exotic Hydrogen.

HNG displays some very different properties from normal hydrogen.

Some basic facts:

  • HNG instantly neutralizes carbon fuel pollution emissions
  • HNG can be pressurized up to 2 bars.
  • HNG combusts at a rate of 9000 meters per second while normal Hydrogen combusts at a rate 600 meters per second.
  • Oxygen values actually increase when HNG is inserted into a diesel flame.
  • HNG acts like a vortex on fossil fuel emissions causing the flame to be pulled into the center thus concentrating the heat and combustion properties.
  • HNG is stored in canisters, arrayed around the emission outlet channels. HNG is injected into the outlets to safely & effectively clean up the burning of fossil fuels.
  • The pollution emissions are neutralized instantly & safely with no residual toxic cocktail or chemicals to manage after the HNG burning process is initiated.

Exotic Hyrdrogen!  I love it.  This is probably a component of the "red matter" in the Abrams Star Trek reboot.  Honestly, someone please tell me this a joke, a honeypot for mindless environmental activist drones.    What are the chemical reactions going on here?  If CO2 is captured, what form does it take?  How does a mixture of Hydrogen and Oxygen molecules in whatever state they are in do anything with heavy metals?  None of this is on the website.   On their "validation" page, they have big labels like "Horiba" that look like organizations thave somehow put their impremature on the study.  In fact, they are just names of analytical equipment makers.  It's like putting "IBM" in big print on your climate study because you ran your model on an IBM computer.

SCAM!  Honestly, when you see an article written to attract investment that sounds sort of impressive to laymen but makes absolutely no sense to anyone who knows the smallest about of Chemistry or Physics, it is an investment scam.

But they seem to get a lot of positive press.  In my search of Google, everything in the first ten pages or so are just uncritical republication of their press releases in environmental and business blogs.   You actually have to go into the comments sections of these articles to find anyone willing to observe this is all total BS.   If you want to totally understand why the global warming debate gets nowhere, watch commenter Michael at this link desperately try to hold onto his faith in HydroInfra while people who actually know things try to explain why this makes no sense.

Update:  If you want an actual nano-material that absorbs various pollutants, this may be one.

More on the US Forest Service Commercial Photography Ban

Yesterday, when writing about the US Forest Service (USFS) restrictions on commercial photography in wilderness areas, I discussed the contradictions that make their policy problematic

The USFS has undermined their own argument by making exceptions based on the purpose of the filming.  Apparently only commercial filming hurts ecosystems, not amateur photography.  And apparently commercial filming that has positive messages about the USFS are OK too.  Its just commercial filming that goes into a beer company ad that hurts ecosystems.  You see the problem.  If it's the use itself that is the problem, then the USFS should be banning the use altogether.  By banning some photography but not all based on the content and use of that photography, that strikes me as a first amendment issue.

Despite working with the USFS on lands management every day, this policy was new to me.  I hypothesized

[There is a] large group in the USFS that is at best skeptical and at worst hostile to commercial activity.  They would explain these rules, at least in private, by saying that anything commercial is by definition antithetical to the very concept of wilderness that they hold in their heads, and that thus all commercial activity needs to be banned in the wilderness because it is inherently corrupting.

Reading Overlawyered, I saw this US Forest Service quote from the Oregonian to explain their position on commercial photography:

Liz Close, the Forest Service's acting wilderness director, says the restrictions have been in place on a temporary basis for four years and are meant to preserve the untamed character of the country's wilderness.

Close didn't cite any real-life examples of why the policy is needed or what problems it's addressing. She didn't know whether any media outlets had applied for permits in the last four years.

She said the agency was implementing the Wilderness Act of 1964, which aims to protect wilderness areas from being exploited for commercial gain.

"It's not a problem, it's a responsibility," she said. "We have to follow the statutory requirements."

So it appears that the purpose of the Wilderness Act is interpreted by the USFS as "protect wilderness areas from being exploited for commercial gain."

But the Wilderness Act makes just a brief mention of commercial activity (It was written back in the day when laws did not have to be 2000 pages long, so you can read the who thing here).  Its main purpose is to keep the lands wild and the ecology as free as possible from man's intervention

In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by the Congress as "wilderness areas," and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness...

A wilderness, in contrast with those areas where man and his works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this Act an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.

There is nothing in this that in any way shape or form should be affected by photography (unless the photography has some sort of heavy footprint, like making a Hollywood movie with hundreds of people and equipment and catering trucks, etc.).

The Wilderness Act is not primarily about protecting the Wilderness from commercial gain.  It is about protecting the natural operation of ecosystems from intervention of any sort by man.  Commercial activity is barely mentioned, and only as a minor aside deep into the legislation.  But many US Forest Service employees have an antipathy to commercial activity and have sort of reinterpreted it in their mind as being an anti-commercialism act.  Here are the only mentions of commercial activity in the law:

Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area. ...

Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.

In this usage (I am not an attorney so there is likely a long history of how the term "commercial enterprise" is understood in the law) my sense is this means that people are not to be conducting commerce -- trading goods and services for money-  within the boundaries of the wilderness area. Essentially, they don't want a gift shop or McDonald's there.   Grouped with the bit about roads, this is a paragraph about facilities and equipment and having a footprint.

So is a lone person taking pictures a commercial enterprise within the area? I doubt it. The actual commerce is conducted outside the park and there is nothing about photography that impairs the wilderness nature of the park.   My interpretation is that taking pictures is OK but setting up a photography store is forbidden.  But by the US Forest Service's definition, I suppose they should also ban people from collecting material for a book. If I walk through the wilderness area taking notes for a book I want to write, and then leave the area and write it and sell it, I am not sure how this is any different from commercial photography. And does this mean that I can't wear any clothes or bring any equipment into the wilderness area that I purchased commercially?

PS-  Beyond a skepticism about capitalism, there is an other reason public lands people might want to shortcut the Federal Wilderness Act as "preventing commercial activity" -- it lets them off the hook.  The Wilderness Act was about preventing meddling in the ecosystem (an impossible goal, but we will leave that for another day) and this applied to all groups -- commercial, government, educational.  By shortcutting the Act as being about commerce, it helps folks forget that the same strictures should apply to agency personnel as well.  I was up in Yellowstone listening to discussions of reintroduction of the wolf and the ongoing killing of thousands of non-native fish in Yellowstone Lake and various streams.  The goal of these interventions is to reverse past interventions, but even so they strike me as violations of the Federal Wilderness Act.

Equal Protection Under the Law?

Equal protection means that the same law applies to everyone, at least in theory.  But compare these two stories:

1. Exxon fined $600,000 for 85 bird deaths in five states over five years

Exxon Mobil has agreed to pay $600,000 in penalties after approximately 85 migratory birds died of exposure to hydrocarbons at some of its natural gas facilities across the Midwest.

The fine amounts to about $7,000 per dead bird.

The oil company pleaded guilty to causing the deaths of waterfowl, hawks, owls and other protected species, which perished around natural gas well pits or water storage areas in Wyoming, Kansas, Oklahoma, Colorado and Texas over the last five years....

“We are all responsible for protecting our wildlife, even the largest of corporations,” said David M. Gaouette, the United States attorney in Colorado, in a statement accompanying the Justice Department’s announcement.

We are all responsible for protecting our wildlife... except if we are politically-favored solar companies with strong ties to the Obama White House

2. No fines for solar power plant that may be killing 28,000 birds a year

A common sight in the sky above the world's largest solar thermal power plant is a "streamer," a small plume of smoke that occurs without warning. Closer inspection, however, reveals that the source of the smoke is a bird which has inadvertently strayed into the white-hot heat above the plant's many reflecting mirrors. Because the BrightSource Energy plant near Ivanpah uses supercritical steam rather than photovoltaic energy, the sun's heat is reflected off more than 300,000 mirrors to a single point, which is used to drive a steam turbine. The downside of that, of course, is that it's lethal for any wildlife that strays into the picture -- a problem that was recognized well before the facility opened, but now the government has gotten involved.

Government wildlife inspectors believe that insects are drawn to the highly reflective mirrors, which in turn lures local birds to their doom. BrightSource feels that the issue has been overblown, claiming that only 1,000 living creatures will die in a year, but the Center for Biological Diversity believes the actual figure is closer to 28,000. The US Fish and Wildlife service is pushing for more information and an accurate calculation of the deaths before California grants the company any more permits for solar plants.

You can see from the last line that the Feds don't seem to be even considering a penalty, but are just considering whether they should permit such plants in the future.  If the 28,000 figure is correct, this company should be getting $196 million in fines (the Exxon rate of $7000 per bird)  if there was any such thing as equal protection.  Even the company's admitted figure of 1,000 a year is almost 60 times as high as Exxon was penalized for, despite the fact that Exxon experienced the deaths across hundreds of locations in five states and this is just one single solar plant.

The same alternate standard is being applied to the wind energy industry, as I wrote a while back here.