The Obama EPA’s Crooked Prosecutors

by Paul Driessen,
The agency’s carbon dioxide climate “endangerment finding” was a kangaroo court process.

EPA bans CO2
EPA bans CO2
Paul Driessen
Paul Driessen

U.S.A.-( Suppose a crooked prosecutor framed someone and was determined to get a conviction. So he built an entire case on tainted, circumstantial evidence, and testimony from witnesses who had their reasons for wanting the guy in jail. Suppose the prosecutor ignored or hid exculpatory evidence and colluded with the judge to prevent the defendant from presenting a robust defense or cross-examining adverse witnesses.

You know what would happen – at least in a fair and just society. The victim would be exonerated and compensated. The prosecutor and judge would be disbarred, fined and jailed.

What you may not know is that the Obama EPA engaged in similar prosecutorial misconduct to convict fossil fuels of causing climate chaos and endangering the health and wellbeing of Americans.

EPA then used its carbon dioxide “Endangerment Finding” to justify anti-fossil fuel regulations, close down coal-fired power plants, block pipeline construction, and exempt wind and solar installations from endangered species rules. It put the agency in control of America’s energy, economy, job creation and living standards. It drove up energy prices, killed numerous jobs, and sent families into energy poverty.

The Obama era EPA’s egregious misconduct inflicted significant harm on our nation.

Laughing Obama
Obama’s Legacy

Having acted to repeal the Obama Clean Power Plan, EPA Administrator Scott Pruitt must reverse carbon dioxide’s conviction and scuttle the Endangerment Finding that serves as the foundation and justification for the agency’s war on coal, oil and natural gas. Any harm from fossil fuels or carbon dioxide is minuscule, compared to the extensive damages inflicted by the decision and subsequent regulations.

President Obama and EPA Administrator Lisa Jackson took office determined to blame carbon dioxide for “dangerous” and “unprecedented” manmade global warming and climate change. They then used that preordained decision to justify closing coal-fired power plants and dramatically restricting fossil fuel use. Mr. Obama had promised to “bankrupt” coal companies. Ms. Browner wasted no time in decreeing that CO2 from oil, natural gas coal burning “endanger” human health and welfare. It was a kangaroo court.

Their Environmental Protection Agency did no research of its own. It simply cherry-picked UN Intergovernmental Panel on Climate Change (IPCC) reports and wrote a Technical Support Document to make its case. The TSD ignored studies that contradicted its predetermined Endangerment Finding – and relied on circumstantial evidence of climate and extreme weather disasters generated by computer models.

The models were programmed on the assumption that rising atmospheric CO2 levels are the primary or sole factor determining climate and weather. They assumed more carbon dioxide meant more planetary warming and worsening climate chaos. The role of the sun, cosmic rays, changing ocean currents and numerous other powerful, interconnected natural forces throughout Earth’s history was simply ignored.

The models predicted steadily increasing global temperatures and more frequent and intense storms. Instead, even as atmospheric carbon dioxide levels continued to rise, except for a noticeable temperature spike during the 2015-2016 super El Niño, there has been no planetary warming since 1998. Harvey finally ended a record 12-year drought in Category 3-5 hurricanes making landfall in the USA.

Tornado deaths are far less frequent than in the 1950s. Floods and droughts differ little from historic trends and cycles. Antarctic land ice is at record highs, and Arctic sea ice is again within its “normal” levels for the past 50 years. Seas are rising at just seven inches per century, the same as 100 years ago.

The models also assumed more warming meant more clouds that trapped more heat. They ignored the fact that low-lying clouds trap heat but also reflect solar heat back into the atmosphere. Humans might be “contributing” to temperature, climate and weather events, at least locally. But there is no real-world evidence that “greenhouse gases” have replaced natural forces to cause climate chaos or extreme weather – and no evidence that humans can control Earth’s fickle climate by controlling emissions.

In fact, with every passing year, climate model temperature forecasts have been increasingly higher than those actually observed over most of the lower atmosphere.

The EPA approach amounted to saying, if reality conflicts with the models, reality must be wrong – or to deciding that real-world evidence should be homogenized, adjusted and manipulated to fit model results.

Indeed, that’s exactly what EPA, the IPCC and other alarmist researchers have done. Older historic records were adjusted downward, modern records got bumped upward a bit, and government-paid scientists ignored satellite data and relied increasingly on measurements recorded near (and contaminated by) airport jet exhaust, blacktop parking lots, and urban areas warmed by cars, heating and AC vents.

Global Cooling, Newsweek, April 28, 1975
Global Cooling, Newsweek, April 28, 1975

The IPCC also claimed its referenced studies were all peer-reviewed by experts. In reality, at least 30% were not; many were prepared by graduate students or activist groups; and some of its most attention-getting claims (of rapidly melting Himalayan glaciers, for example) were nothing more than brief email messages noting that these were “possible” outcomes. Moreover, most IPCC peer reviewers were scientists who fervently promote catastrophic manmade climate change perspectives, receive government and other grants for writing reports confirming this thesis, and take turns reviewing one another’s papers.

Despite these inconvenient facts, a steady barrage of Obama EPA press releases and statements from alarmist regulators and “experts” insisted that fossil fuels were causing planetary cataclysms. Anyone who tried to present alternative, realistic data or views was ridiculed, vilified and silenced.

Even one of EPA’s most senior experts was summarily removed from the review team. “Your comments do not help the legal or policy case for this decision,” Alan Carlin’s supervisor told him.

Two additional facts dramatically underscore the kangaroo court nature of EPA’s 2009 proceedings.

First, oil, natural gas and coal still provide over 80% of America’s and the world’s energy. The International Energy Agency says they will be at least this important 25 years from now. Indeed, fossil fuels are the foundation for modern industries, transportation, communication, jobs, health and living standards. Emerging economic powerhouses like China and India, developing countries the world over, and even industrialized nations like Germany and Poland are using more of these fuels every year.

The Obama EPA studiously ignored these facts – and the tremendous benefits that fossil fuels bring to every aspect of our lives. Those benefits outweigh any asserted dangers – by orders of magnitude.

Second, carbon dioxide is not a pollutant, as defined by the Clean Air Act – and was never listed in any legislation as a pollutant. It was turned into an alleged pollutant by dishonest, ideological EPA prosecutors, who needed to justify their anti-fossil fuel regulatory agenda.

In reality, carbon dioxide is the miracle molecule without which most life on Earth would cease to exist. It enables plants of all kinds to convert soil nutrients and water into the fibers, fruits and seeds that are essential to humans and animals. The more CO2 in the air, the faster and better plants grow, and the more they are able to withstand droughts, disease, and damage from insects and viruses. In the process, crop, forest and grassland plants, and ocean and freshwater phytoplankton, exhale the oxygen we breathe.

In rendering its endangerment decision, EPA ignored these incalculable CO2 benefits. It ignored experts and studies that would have provided vital information about the tremendous value to our planet and people from fossil fuels and carbon dioxide.

Finally, having a slightly warmer planet with more atmospheric CO2 would be hugely beneficial for plants, wildlife and humanity. By contrast, having a colder planet, with less carbon dioxide, would be seriously harmful for arable land extent, growing seasons, crops, people and wildlife habitats.

The EPA Endangerment Finding is the foundation for the Obama era Clean Power Plan and other rules. Reversing it is essential to moving forward with science-based energy and climate policies.

About Paul Driessen

Paul Driessen is senior policy analyst for the Committee For A Constructive Tomorrow (, and author of Eco-Imperialism: Green power – Black death and other books on public policy.

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Silence Dogood

All the criminal Obamanation lackeys should be behind bars…let the prosecutions begin!!


Seems to me that something stinks around here! Who let the gas out? Climate change….. crap it’s been doing it for millions of years!

James Higginbotham



@ OV I couldn’t find any posts from you on this site. As they say in Orwell’s 1984, must have vaporized. I don’t know what is going on with this site but it is not running as smooth as it was a few days ago. Maybe they are trying to get rid of us because we are bad apples.

Wild Bill

@OV, I like that slogan! And I hope that you received my good wishes for a Happy B-day.


@ W. Bill, I totally agree with your post.They say Rome wasn’t built in a day so maybe Trump hasn’t had the time to deal with the run away progressives in the EPA. Remember, obumer said electric rates were going increase significantly during his rein. He tried but failed like he did many things, thank God he was looking out for us. The constant amount of nonsense the libs throw at him is just to side track him from getting some of these things done. Obstructionists in government should be fired or relieved of duty, they are nothing but a… Read more »

Wild Bill

@tcat, Yes, time… the destroyer of all things. The President better get in gear.


That bit about the electric rates not rising… not what I see. Most of our power where I lives comes from hydro projects, and has been amongst the cheapest rates in the nation for decades. My power bill for two decades ran just above twenty bucks a month year round. Since the kinyun sleazed his way onto the throne I’ve seen a steady increase, Over the past year my electric bill has been above $60 per month. I checked… I use the same number of kilowatt hours now as I did in 1992. So, he managed to succeed where I… Read more »


@ Tionico, Wow I can’t remember having an electricity bill that low, including your current bills. Ours hasn’t changed that much and we are under the TVA government electrical company which is mostly Hydro. Our rates run about $120 summer with air and about $175 per year with heat because we use a heat pump. My neighbors, who have propane, pay a lot more for heat than we do. Natural gas lines were not put in when this area was developed and thy say it is cost prohibitive to do it now. (23 years ago). so we are at the… Read more »

Wild Bill

Why are any of those EPA bureaucrats even still employed? They are part of the swamp. They are part of the deep state determined to destroy the president. Federal agency employees down to the GS 14 level are entitled to two weeks notice, and nothing more. A team of U.S. Marshals should be showing up at all the bureaucrats’ desks telling them to stand away from their computer, hand over their keys, and leave the building, NOW! The president could neutralize every evil federal bureaucracy in a week. Then turn his attention to the five liberal betrayers of the Constitution… Read more »


Exactly correct!