The climate changes...Peabody Coal sues AGW Quacks

The world’s largest private sector coal business, the Peabody Energy Company (PEC) has filed a mammoth 240-page “Petition for Reconsideration,” a full-blown legal challenge against the U.S. Environmental Protection Agency.

The petition must be answered and covers the entire body of leaked emails from ‘Climategate’ as well as those other ‘gate’ revelations including the frauds allegedly perpetrated under such sub-headings as ‘Himalayan Glaciers,’ ‘African Agricultural Production,’ ‘Amazon Rain Forests,’ ‘Melting Mountain Ice,’ ‘Netherlands Below Sea Level’ as well as those much-publicized abuses of the peer-review literature and so called ‘gray literature.’ These powerful litigants also draw attention to the proven criminal conduct by climate scientists in refusing to honor Freedom of Information law (FOIA) requests.

Among their submissions the PEC legal team attacks the “Nice Tidy Story of Unprecedented 20th Century Warmth” using emails written while climatologists were making preparations for the Third IPCC report. Among them Keith Briffa stated that:

“I know there is pressure to present a nice tidy story as regards ‘apparent unprecedented warming in a thousand years or more in the proxy data’ but in reality the situation is not quite so simple.” [CRU email 938018124.txt (Sep. 22, 1999)]

Briffa went on to say that:

“I believe that the recent warmth was probably matched about 1000 years ago.” [CRU email 938018124.txt (Sep. 22, 1999)]

The PEC legal eagles then cite another key researcher, Ed Cook, who in a lengthy email bristles at the effort to eliminate the MWP and wrote:

“I do find the dismissal of the Medieval Warm Period as a meaningful global event to be grossly premature and probably wrong.”

[CRU email 988831541.txt (May 2, 2001)]

The PEC action criticizes the discredited IPCC reports that were not the product of a rigorous, transparent and neutral scientific process. PEC argues:

“The CRU information reveals that many of the principal scientists who authored key chapters of the IPCC scientific assessments were driven by a policy agenda that caused them to cross the line from neutral science to advocacy.”

As an example of bias, Dr. Kevin Trenberth – Senior Scientist, Head of the Climate Analysis Section at the National Center for Atmospheric Research is cited for his admission:

“I tried hard to balance the needs of the science and the IPCC, which were not always the same.”

Hide the Decline

The coal company’s lawyers argue that to hide the decline in the correlation between recent temperatures and what was showing in the proxy data, Professor Michael Mann and then Phil Jones unethically and fraudulently grafted on actual temperature data to the end of their proxy reconstructions rather than using the same proxy data as had been used throughout the reconstruction.

By this ‘trick’ they made the graphic presentations of the proxy reconstructions misleading, since the effect is to make it seem as if the proxy data shows rising 20th century warming when it doesn’t. But the real deception in the trick was in hiding what became known as the “divergence” problem.

The divergence problem is where the proxy data are contradicted by actual data, as they are for a significant period of the time when direct temperature measurements exist, the accuracy of the proxy data over the entire period of the proxy reconstruction is called into question so that the science cannot be determined to be “settled.”

In a robust attack lawyers for the PEC further assert:

“Moreover, the Information Commissioner’s Office of the United Kingdom (“U.K.”), the agency that oversees and enforces the U.K.’s freedom of information laws, after investigation, recently concluded that CRU broke those laws in refusing to respond to information requests.”

The petition concludes that:

“In sum, given the seriousness of the flaws that the CRU material and other information reveal in the development of the IPCC reports, the Agency must reexamine the Endangerment Finding. The Agency can no longer have confidence that those reports present a fair, unbiased and accurate assessment of climate science.”

Moreover, PEC is demanding that the EPA shall convene a full evidentiary hearing as a part of such reconsideration. If this element of the petition were granted it is highly probable that the weight of the new evidence now freely available since Climategate would expose the criminal and fraudulent component within the science of man-made global warming, and would likely succeed in having all the EPA’s findings on carbon dioxide invalidated.

Thereby, from accomplishing their civil task Peabody will lend further weight to the likelihood of criminal charges being brought against those individuals implicated in international fraud on the largest scale ever known.

SamCogar wrote:TH, where is the URL for all that info. Post it for me.

Senator James Inhofe (R-OK) today asked the Obama administration to investigate what he called “the greatest scientific scandal of our generation” — the actions of climate scientists revealed by the Climategate Files, and the subsequent admissions by the editors of the Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report (AR4).

Senator Inhofe also called for former Vice President Al Gore to be called back to the Senate to testify.

“In [Gore's] science fiction movie, every assertion has been rebutted,” Inhofe said. He believes Vice President Gore should defend himself and his movie before Congress.

Just prior to a hearing at 10:00 a.m. EST, Senator Inhofe released a minority staff report from the Senate Environment and Public Works Committee, of which he is ranking member. Senator Inhofe is asking the Department of Justice to investigate whether there has been research misconduct or criminal actions by the scientists involved, including Dr. Michael Mann of Pennsylvania State University and Dr. James Hansen of Columbia University and the NASA Goddard Institute of Space Science.

This report, obtained exclusively by Pajamas Media before today’s hearing, alleges:

[The] Minority Staff of the Senate Committee on Environment and Public Works believe the scientists involved may have violated fundamental ethical principles governing taxpayer-funded research and, in some cases, federal laws. In addition to these findings, we believe the emails and accompanying documents seriously compromise the IPCC -backed “consensus” and its central conclusion that anthropogenic emissions are inexorably leading to environmental catastrophes.

As has been reported here at Pajamas Media over the last several months, the exposure of the Climategate Files has led to a re-examination of the IPCC Assessment Reports, especially the fourth report (AR4), published in 2007. The IPCC AR4 report was named by Environmental Protection Agency head Lisa Jackson as one of the major sources of scientific support for the agency’s Endangerment Finding, the first step towards allowing the EPA to regulate carbon dioxide as a pollutant.

Since the Climategate Files were released, the IPCC has been forced to retract a number of specific conclusions — such as a prediction that Himalayan glaciers would disappear by 2035 — and has been forced to confirm that the report was based in large part on reports from environmental activist groups instead of peer-reviewed scientific literature. Dr. Murari Lal, an editor of the IPCC AR4 report, admitted to the London Daily Mail that he had known the 2035 date was false, but was included in the report anyway “purely to put political pressure on world leaders.”

Based on this Minority Staff report, Senator Inhofe will be calling for an investigation into potential research misconduct and possible criminal acts by the researchers involved. At the same time, Inhofe will ask the Environmental Protection Agency to reopen its consideration of an Endangerment Finding for carbon dioxide as a pollutant under the Federal Clean Air Act, and will ask Congress to withdraw funding for further consideration of carbon dioxide as a pollutant.

In requesting that the EPA reopen the Endangerment Finding, Inhofe joins with firms such as the Peabody Energy Company and several state Attorneys General (such as Texas and Virginia) in objecting to the Obama administration’s attempt to extend regulatory control over carbon dioxide emissions in the United States. Senator Inhofe believes this staff report “strengthens the case” for the Texas and Virginia Attorneys General.

Keli wrote:
In requesting that the EPA reopen the Endangerment Finding, Inhofe joins with firms such as the Peabody Energy Company and several state Attorneys General (such as Texas and Virginia) in objecting to the Obama administration’s attempt to extend regulatory control over carbon dioxide emissions in the United States. Senator Inhofe believes this staff report “strengthens the case” for the Texas and Virginia Attorneys General.