Skip to comments.World’s biggest coal company brings U.S. government to court in climate fraud
Posted on 02/17/2010 7:06:01 PM PST by mimi from mi
The worlds 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.
Peabody is, in effect, challenging the right of the current U.S. federal government to introduce cap and trade regulations by the back door. In this article we summarize Peabodys legal writ.
PEC has pulled out all the stops to overturn the EPA findings Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act made on December 7, 2009.
(Excerpt) Read more at climategate.com ...
I remember crossing the Green River bridge when we took trips to Henderson and Ellis Park (dad loved to bet on the horses :-)
How about a RICO or class action suit by all direct and indirect customers of Peabody Coal or other users of electricity produced from coal?! Lets all sue their a$$es! Tie ‘em up legally for years.
“Obama doesnt care at all.....”
I suspect Obama cares a lot. Remember the Olympics and Valerie Jarrett? She owned tenements where part of the Olympics grounds would be sited - big $ for Jarrett and no doubt also for Zero. Surely, Obama and friends have their hands open and are expecting big money for getting climate legislation made into law. If this house of cards falls, Obama stands to lose that money.
Media > News Releases
Statement of Peabody Energy Regarding Petition for Reconsideration to EPA
Peabody Energy today filed a detailed petition citing new information as a basis to urge the U.S. EPA to reconsider its claim that greenhouse gases endanger human health.
Under the Clean Air Act, EPA’s “endangerment finding” could mean regulation of hundreds of thousands and perhaps millions of buildings, farms, businesses and other facilities in the U.S.
Peabody believes that EPA ignored its obligation to render sound judgment and conduct a rigorous review of science, instead relying almost exclusively on the work of the U.N. Intergovernmental Panel on Climate Change as a major basis for its recent endangerment finding.
The IPCC is an international body whose work is not subject to U.S. data quality standards or consistently peer reviewed.
Compounding this error, EPA outsourced its scientific obligations to an agency whose work has since been shown to be deeply tainted by flaws, in light of multiple instances of errors, manipulated data and gaps in information that make conclusions unreliable. It is clear that the intent of some was to shape a report to satisfy an agenda that is political and not scientific.
Given the seriousness of the flaws by the IPCC, relied upon by EPA, the immediacy of draconian regulation is unwarranted. There is no sufficient basis to implement regulations that would harm a fragile economy, further suppress investment and raise energy costs for Americans. The agency needs to step back and begin a thorough review of the real state of scientific understanding of greenhouse gases.
To the extent that long-term concern regarding greenhouse gas emissions still validly exists, climate change is at worst a long-term challenge - not the immediate crisis that has been conveyed. There is ample time to develop low-emissions technologies such as carbon capture and storage, which global agencies and multiple nations believe are essential for meeting long-term carbon goals.
This supplements Peabody’s original objections to the finding, which ignores the many societal benefits from coal use in helping people live longer and better, while focusing only on perceived costs. Peabody continues to believe that coal use is essential for U.S. economic growth and the advancement of human development around the world. Coal is the fastest growing fuel in the world and global coal demand is expected to increase more than 1.5 times faster than the combined growth rate of oil, natural gas, nuclear and renewables.
BTTT! Sure hope they win!
Just the beginning of the suits to come!
Man, I hope that this case sheds light on this whole subject. It’s time to bring the public up to speed on this fraud that has been bestown upon them.
I want to see an avalanche of lawsuits because of this.
Donald Trump just said that Al Gore should return his Noble Peace Prize.
It should be a class action law suit. Where can I sign up, I would even donate money to be included.
Would be great to have a TeaPartyClimateFraud rally and really shake them up and name all the RINO’s who are FOR it. Might get some resignations.
Dittos on that.
Never heard of Peabody before.
This company is now on my hero list.
And with the demise of the immoral McCain-Feingold Law, Peabody may make its voice heard in the next election cycle that would be devastating to the Climate Scammers.
Indeed it is.
Let’s just start to call in some “expert” witnesses.
If there are lots of other people like yourself, maybe you could get a class action lawsuit going.
Meanwhile headline news keeps talking ad nauseum about Tiger Woods affaires as some kind of breaking news...
not at all.
What makes you an expert in this case?! Care to elaborate?
LOL...wow...I mean, wow. Firstly, I haven't claimed to be any sort of expert, nor was I commenting on the viability of the case in any way. You really ran off into some other county by way of interpretation. If I was unclear I'll apologize.
THANK YOU!! Wonder if Peabody has this?
Barry put his foot in it with this - I SO PRAY his arrogance gags him this time!
Obama’s cronies on their heels!
Well, somebody had to do it.
Getting Michael Mann and James Hansen under oath after they produce documents would be yummy.
“Hello, Peabody here!”
I’m sure the judges will say Peabody has no standing.
What is the symbol or where do we find this info?
Peabody won’t be going out of business and even if they did there are many coal companies that would grab up their properties and keep digging coal.
Nobama doesn’t have the gravitas to terminate the use of coal. All he can do is stir shite and make it a bit more troublesome to mine coal.
Used to really enjoy “eat a lot of peaches” music, but he’s always been a lib-weenie.
Just heard this from a friend: The VA Attorney General just filed suit against the EPA, contesting their assertion that that greenhouse gases are hazardous to your health. If not (hazardous), EPA cannot regulate them.
Anyone hear this??? If it has already been posted, please excuse.
Don’t know of a thread - heard it mentioned on Rush or somewhere - supposedly happened in the spring of ‘08 when his campaign was getting started - he was doing a radio interview talking about how he wanted “new energy” sources and his cap and trade bill - said he didn’t care if the coal campanies wanted to fight him because he’d “bankrupt” them if they did - another shocking statement that never got enough airtime from McCain......
Let’s sue them till they can’t do any more harm !
Great! Kick Obama’s a$$ ‘till his nose bleeds!
This really is a biggy, and one that deserves ALL of our abilities in spreading the word about it.
This is a direct legal challenge to the Climate Change Fraud. Getting these Warmer Klowns in court, UNDER OATH, should be a real hoot, although it will take YEARS...
you know i was going to post that. i cannot hear the name peabody without thinking of that darn song. i hate bluegrass music.
Yes, and ignoring laws that Congress has not passed. It is high time that these executive orders be either challenged or ignored. This is NOT Democracy!
A key component of the scientific argument for anthropogenic global warming (AGW) has been disproven. The results are hiding in plain sight in peer-reviewed journals.
The science behind the AGW hypothesis is that increased amounts of CO2 in the atmosphere (that humans produce by burning fossil fuels) will block more outgoing long-wave IR radiation (OLR) from exiting the atmosphere and thereby warm the surface.
So the results of three different peer-reviewed papers show that over a period of 36 years, there is no reduction of OLR emissions in wavelengths that CO2 absorb. Therefore, the AGW hypothesis is disproven.
It should be noted that another paper written by Richard Lindzen and Yong-Sang Choi (both work at MIT's Department of Earth, Atmospheric and Planetary Sciences -- Lindzen is a professor and Choi is a postdoctoral fellow) reveals the differences between the measured OLR and its impact on temperatures vs. climate models. In the paper, the data showed that OLR increased when sea surface temperatures increased, so this is in direct contradiction to the AGW hypothesis that less OLR should be emitted since more CO2 is absorbing it and warming the planet. Furthermore, in contradiction to the climate models, these results show that OLR is acting like a negative feedback (cooling the surface) instead of a positive feedback (radiative forcing). The Lindzen and Choi paper dealt in general with all OLR wavelengths and didn't show granularity with respect to specific wavelengths that were related to various GHG absorption, but the fact that the entire OLR emission spectrum didn't behave like the eleven climate models' predictions means that "the science isn't settled."
IMHO, the title should have been, "The Four Anti-AGW Smoking Guns."
climategate.com should suffice as the source. Repating the source URL isn't necessary.
This should be good.
Go Big Coal!
(Spoken like a proud Kentuckian)
Coal: The U.S. is sitting on a Sh$tload of it AND we don’t have to bow to the Saudis who may not “sponsor” terror, but who certainly heve birthed their share of Anti-American terrorists.
Clean coal technology for America, YES!
Thanks SO MUCH for posting! The USA is the Saudi Arabia of coal — just think! Clean cheap energy, jobs, prosperity! What the heck is the matter with the EPA? That’s one agency that needs to be defunded. They have done more to destroy free enterprise than any other agency in the country. Logging, mining, refining, drilling, all fall under the EPA thumb — why? Nobody elected those freaks, but they somehow regulate every business in the country.
You make a very valid point. The EPA is an agency that has no congressional power. It is time for them to be sued. They sure as hell are not the government.
What really gripes me is that this elephantine agency is supported by OUR TAX DOLLARS to destroy industry! And nobody like them — they’re in cahoots with the envirowhackos, and they have their nasty paws in everything.
They somehow have the power to impose fines and prison — who died and left them sheriff? Honestly, the EPA is the worst agency in the country.