CEI’s Monthly Planet Fighting For Freedom

DECEMBER 2003 COMPETITIVE ENTERPRISE INSTITUTE VOLUME 16, NUMBER 10 A New Dawn for Our Forests by Robert J. Smith

he crisis in our nation’s forests fi rst came to national there? When and how will healthy forests be restored, Tattention following the devastating Yellowstone fi res of and who will do it? Many in government forest and fi re 1988. The prohibition on taking vehicles off-road to clear agencies, forestry schools and associations (as well as timber fi rebreaks and the highly controversial policy of letting - associations), and a growing number of forest ecologists caused fi res burn uncontrolled, called “natural regulation”— and fi re ecologists have called for massive forest thinning. underscored by Yellowstone National Some leading forest ecologists say Park biologist Dr. Don Despain’s that landscape-scale thinning of now-infamous chant of “Burn, baby, wildlands covering hundreds of burn” as fi res raced through his study thousands of acres is necessary to plots—brought the problem to the U.S. return the forests to pre-settlement Congress’ attention. conditions, when regular low-intensity Since then, eight Congresses have fi res would creep along the ground convened ever-longer hearings in burning the duff, downwood, and both the House and Senate. Forestry seedlings, and promoting natural, professionals, forest historians, healthy, open, park-like forests. fi re ecologists, biologists, and Green groups argue that the Healthy environmentalists have presented Forests Restoration initiative is just volumes of studies, data, and photos. It a Bush-promoted effort to subsidize has become clear to almost all parties U.S. Fish and Wildlife Service Big Timber and that all that is needed that there is a crisis in the national forests. is to thin narrow buffers around forest A century of federal and state total suppression of all communities. But they conveniently overlook the fact that fi res has created historically unnatural forests, dense with some enviro-friendly liberal Democrats and moderate hazardous accumulations of dead and dying trees, duff, Republicans stood in the moonscape ruins of once vast pinecones, fallen or wind-toppled trees, and near impenetrable wildlife-fi lled forests in 2002 and 2003 and said that we thickets of smaller trees crowding the forest fl oor under the must start managing our forests instead of destroying them. mature forest. Prolonged droughts across much of the West, Radical greens’ proposals vary— proposes a together with the dense, overcrowded young trees, have 200-foot buffer around populated areas, while the Sierra stressed the forests and weakened their resistance to disease, Club and others propose a quarter to a half-mile buffer—but insects, and beetles—which have reached epidemic levels in all argue that wildlands and roadless areas must remain many national forests, leading to a call to restore the forests inviolate and that a narrow buffer is all that is needed to to a healthy state by reducing unnatural fuel loads, thinning protect lives and property. This sounds plausible to urbanites the forests, and removing dead and dying trees. in the East and Midwest: Remove the fuels and people and Everyone wants healthy forests, but how do we get Continued on page 3

N HIS SSUE I T I Q & A with Willie Soon...... 6 Twenty Years of CEI...... 2 POPs: Eroding U.S. Sovereignty...... 8 A New Dawn for Our Forests (cont.)...... 3 The Good, the Bad, and the Ugly...... 10 Do Not Call List: Pro...... 4 Media Mentions...... 11 Do Not Call List: Con...... 5 End Notes...... 12

www.cei.org Monthly CEI UpDate Planet January DecemberDecember 2003 20032003

FROM THE PRESIDENT

TWENTY YEARS OF CEI MONTHLY Two Decades of Fighting for Freedom PLANET

by Fred L. Smith, Jr. Publisher: Fred L. Smith, Jr.

th s our 20 anniversary celebration nears, I’ve been pondering the question: What Editor: Adoes the free market movement need the most? Ivan G. Osorio Let me pose the question through a few examples from fi lm and fi ction. Consider: the early scene in Margaret Mitchell’s classic novel Gone with the Wind, in which the realist Rhett Butler notes that the Assistant South lacks iron foundries; the scene in Steven Spielberg’s Jaws, in which a startled fi sherman, fi nding his Editor: craft being chewed to bits by the massive shark, mutters, “We need a bigger boat!”; or the sad projection Elizabeth Jones in Dickens’s A Christmas Carol that Tiny Tim will not live out the year without better medical attention. In all these cases, the moral is clear: The future is bleak if we don’t fi nd the resources to fend off disaster. Contributing Resources matter! Editor: Since we began, CEI has sought the resources needed to fend off the collectivist threat to economic Richard Morrison liberty. Our approach was informed by the gloomy prognosis of economist Joseph A. Schumpeter in his essay “Will Capitalism Survive?” Schumpeter’s answer was that it was highly unlikely. Schumpeter noted that the entrepreneurial successes of the market would create a vast middle class, which would make CEI’s Monthly possible the emergence of an intellectual class. He argued that intellectuals, envious of entrepreneurs, Planet is produced would rationalize their envy by attempting to de-legitimize the market, condemning it as perpetuating 10 times a year by the racism, sexism, pollution, imperialism, and a myriad of other evils. Intellectuals, asserting their moral Competitive Enterprise superiority, would call for political intervention, culminating in the creation of the welfare, regulatory Institute, a pro-market state—managed, of course, by intellectuals. public interest group Schumpeter argued that the joint temptation of psychological and economic incentives would lead dedicated to free enter- prise and limited gov- most intellectuals to statism. Since intellectuals dominate most means of communication, their views ernment. would skew the way most people see the modern world, and the citizenry would thus favor an expanded role for government. Capitalism would create great wealth—providing expanded liberties and ensuring a CEI is a non-partisan, more peaceful society— but would lack legitimacy that only the intellectual class can convey. non-profit organization This prognosis argues that the CEIs of the world—the small agglomerations of non-statist intellectuals— incorporated in the Dis- cannot expect to fi nd massive help in the intellectual community. Rather, it suggests we seek out allies in trict of Columbia and the entrepreneurial sector. is classified by the IRS Indeed, with only a fraction of the resources available to the statists, the free market movement is as a 501 (c)(3) charity. already effectively countering the Left in many areas. We’re slowly winning the global warming debate. CEI relies upon contri- butions from founda- Bjørn Lomborg, author of The Skeptical Environmentalist and recent winner of CEI’s Julian Simon Award, tions, corporations and was recently cleared by the Danish government of politically-motivated charges of “scientifi c dishonesty.” individuals for its sup- Recently, at the Ninth U. N. Framework Convention on Conference of the Parties in port. Articles may be Milan, Italy, CEI successfully encouraged opposition to the Kyoto Protocol on climate change. And, on reprinted provided they the domestic front, CEI and other free market groups are advancing telecommunications deregulation are attributed to CEI. and FDA reform. We are also fending off airline and rail re-regulation, and launching new challenges to predatory litigation. Against great odds, we’re making signifi cant gains, but, in politics, there can be no fi nal victories. And economic liberty is still experiencing far too many setbacks. Phone: Unfortunately, as Napoleon noted long ago, victory generally goes to those with the biggest battalions. (202)331-1010 Resources matter. Our challenge is to fi nd ways of strengthening our alliance with the entrepreneurial community—to reach those businessmen who don’t care about approval from their intellectual detractors, Fax: who are proud of their achievements, who are eager to see that the opportunities open to them are not (202)331-0640 closed to their children, and who could provide the resources so vitally needed. And, despite Schumpeter’s admonition, we can be cautiously optimistic. After all, the shark in Jaws was killed; Tiny Tim did E-mail: survive. [email protected] As I noted, 2004 will mark our 20th anniversary. We expect a very challenging year. I and the staff at CEI hope your holidays were happy, and want to thank you in advance for helping us meet the challenges ahead. ISSN# 1086-3036

2 www.cei.org MonthlyMonthly PlanetPlanet DecemberDecember 20032003

A New Dawn for Our Forests orders, and injunctions against such forest health programs Continued from page 1 as necessary to defend the forests, wildlife, and especially communities are fi reproof. But the greens fail to mention endangered species. They argue that removing some dying, that fi res commonly spot considerable distances ahead of downed, or dead trees from forests in southwestern Oregon the fl ame front, jumping over roads, rivers, highways, and might disturb threatened Northern Spotted Owls for a short fi rebreaks. Spotting can commonly occur one-half to a mile time. But now that the Biscuit Fire has destroyed 500,000 ahead of a fi re, as winds dump burning embers on wooden acres of wildlands in 2002, reportedly at least 44 pairs homes, shingle roofs, and on dense drought and beetle-killed of Northern Spotted Owls have either been destroyed or vegetation. And large confl agrations fueled by kiln-dry fuels have permanently lost their critical nesting, roosting, and and forests, high temperature, low humidity, and strong dispersal habitat. And fi res in Arizona’s Apache-Sitgreaves winds create literal fi re storms, with fl ames and balls of fi re, National Forest reportedly eliminated at least 11 pairs of clouds of red-hot embers, and burning branches carried Mexican Spotted Owls and their territories—forever. ahead—sometimes for miles. The permanent loss of endangered species and their habitat Many environmentalists, including New Mexico’s Forest has been documented throughout the West. Yet it has been of Guardians, have admitted that some forest thinning is no concern to radical greens, who have argued for decades appropriate, but say that timber companies must not be that there were too many people moving into the woods allowed to benefi t. They and many in Congress seem more and wildlands and have attempted to stop development and concerned about growth throughout the possibility of the nation. And someone making the violent eco- a profi t than in terrorist fringe, restoring the including the Earth forests’ health. They Liberation Front, worry that timber has been carrying companies will be out a campaign of allowed to harvest Montana, 1895 (left) and 1980 (right). This area has since burned to the ground. torching homes and some marketable Photos: USDA/Forest Service businesses. During trees to pay for the summer of 2002, removing the unmarketable brush, tiny-diameter trees, politicians and government offi cials from both parties began and dying, decayed, beetle-riddled, and previously burned to point fi ngers at the greens for their responsibility in halting trees. But if we can’t expect private companies, loggers, or all healthy forest operations. unionized workers to do it for free, who will? It will be a It has only been recently, with thousands of homes staggeringly long, expensive effort to reduce the hazardous destroyed, tens of thousands of people evacuated, and many biomass accumulations. And the Forest Guardians and allied communities burned to the ground, that the greens have green groups have yet to volunteer to undertake an altruistic become champions of protecting people and communities. campaign of removing hazardous fuels. However, they still won’t permit any trees to be cut in the Over the past fi ve years, more than 28 million acres have woods. One wonders why. burned—an area larger than Virginia. Meanwhile, California, Thankfully, Congress and the Bush Administration pushed Oregon, Arizona, and Colorado have seen their worst recorded ahead and on May 20, 2003, the House voted 256-170 for fi res. And it’s not just trees that have been destroyed, but a healthy forests bill. On October 30, the Senate fi nally also wildlife and habitat—including endangered species and followed suit 80-14, driven by the mounting toll of deaths critical habitat—and watersheds. Further, all major fi res and destruction in California. But autumn rains and snow cause vast air and water pollution. During the Southern quickly doused the fi res—and the enthusiasm of the Senate’s California fi res, air pollution alerts extended as far away liberal Democrats to bring the bills to conference. Despite as Tucson and Phoenix. During past fi res, fi refi ghters have intense lobbying by the Sierra Club and other green groups, been pulled off the lines due to excessive exposure to various Senate Democrats fi nally agreed to conference, both houses air pollutants. And post-fi re erosion destroys municipal quickly agreed on a conference report, and on November reservoirs and water supplies with mud, sand, rocks, and 21, the House and the Senate passed the Act. In a joyous detritus. Worst of all is the tragic loss of homes, businesses, December 3 White House ceremony, President Bush signed entire communities, and human lives. the Healthy Forests Restoration Act of 2003 into law, giving a It has been fascinating to watch the radical greens’ long-overdue Christmas present to America’s forests, wildlife, intellectual gyrations around this issue. For decades they have environment, and people—planting the seeds that will help to fought all efforts to remove hazardous fuel accumulations end the era of burning our nation’s forests and begin a new from the forests, to fi ght insect and bark beetle infestations, era of healthy stewardship. The cries of “Burn, baby, burn” or even to salvage trees blown down in storms, killed by will no longer echo through the woods. insects or disease, or burned in earlier fi res. Wouldn’t it be better to harvest brown and black trees Robert J. Smith ([email protected]) is an before cutting green trees? Not according to the greens, environmental scholar with CEI and director of the Center who have based many of their appeals, suits, restraining for Private Conservation (www.privateconservation.org). 3 www.cei.org Monthly Planet December 2003

Do Not Call List: Pro No Big Government Vindication by Pejman Yousefzadeh

ike the dutiful son that I am, I Conservatives and libertarians ways similar to the general structure of Lrecently called my parents in Illinois needn’t feel discomfi ted by the creation the school voucher program, and the to ask about them and see how things are of the “do not call” list merely because plan to allow the private investment going on their end. My sister answered the list involves the participation of the of Social Security money—both the phone, and appeared quite annoyed federal government. Indeed, a number programs that are extolled and ardently at having to talk at that particular of right-of-center pundits fall into the advocated by so many conservatives moment. Her voice brightened when I trap of thinking that the effi cacy and and libertarians. identifi ed myself, and she apologized appeal of the list—and the fact that The government would be present as for being brusque, saying, “I thought the creation of the list stems from the a participant in any voucher program, you were one of those telemarketers. passage of legislation on the federal as the vouchers would be funded We’ve already had three of them call level—undercuts conservative and through government appropriations. this evening.” libertarian arguments about the proper However, the choice of whether or not Just about everyone I know is glad size and role of government. But the mere to participate in a voucher program about the existence of the “do not presence of government participation in would remain with individuals.

What should make the “do not call” list ultimately palatable to conservatives and libertarians is the fact that the decision whether to make one’s phone number inaccessible to telemarketers is ultimately left up to individuals. call” website (www.donotcall.gov) that the creation and maintenance of the list Similarly, individuals would have will enable people to list their phone does nothing to refute the arguments the choice of deciding whether or not to numbers on a list of numbers that made by conservatives and libertarians keep their Social Security investments telemarketers cannot call. My sister on this issue. as they currently are, or deciding to was delighted when I told her about the What should make the “do not call” privately invest them in the hopes of site, and expressed the wish that it had list ultimately palatable to conservatives achieving a higher rate of return. existed earlier. and libertarians—indeed, what infuses In both programs, the government is The “do not call” list has also the program with conservative and active and present as a participant. But prompted a new argument in the age- libertarian values—is the fact that the the ability and liberty of the individual old ideological battle between liberals decision whether to make one’s phone in making his/her own decisions on the one side, and conservatives number inaccessible to telemarketers regarding education and investment and libertarians on the other: Is the is ultimately left up to individuals. I makes both programs fully compatible advent of the “do not call” list—a list may just as easily decide to rid myself with conservative and libertarian that was brought about by government of irritating telemarketer phone calls, as principles. Likewise, the “do not call” regulation and legislation—an instance I may decide to take advantage of offers program honors conservative and in which the conservative/libertarian that are made through telemarketing, libertarian principles by emphasizing desire to reduce the “nanny-state” and allow telemarketer phone calls to the importance and preeminence of takes a backseat to the desire of much be made to my home. The power and individual choice and liberty. of the general public to be free from presence of individual choice helps telemarketing calls? Additionally, trump any lingering concerns over the Pejman Yousefzadeh is an attorney doesn’t the advent of the list disprove presence of government in the creation living in southern California. He the general conservative/libertarian and maintenance of the “do not call” publishes a weblog called Pejmanesque argument that government regulation list. (www.pejmanesque.com). A longer and legislation causes more problems In fact, the structure and organization version of this article appeared in Tech than it solves? of the “do not call” program is in many Central Station. 4 www.cei.org Monthly Planet December 2003

Do Not Call List: Con Do Not Call List Will Not Keep Telemarketers Away by Braden Cox

ow annoyed are people at liberty and individual choice because established a system that exempts Htelemarketers? Aggravated it is an “opt-in” program. Consumers nonprofi t telemarketers. In other enough, it seems, to have registered must voluntarily take action to be words, calls from annoying capitalists over 50 million phone numbers on included in the registry. True enough. are verboten, while calls from annoying the recently implemented National Do But for someone wanting to engage politicians are OK. And also OK are Not Call Registry, established in July an unknown public through telephone calls from charities, including dubious and managed by the Federal Trade advertising, this is a mandatory regime. ones which spend most of their money Commission (FTC). The public has A telemarketer is forced to obtain on overhead. More importantly, the turned to government to end annoying a spreadsheet fi le from the federal FTC’s distinction—for-profi t versus telemarketing calls. And many free government. If it wants the entire nonprofi t—may be in violation of market advocates favor this approach— U.S. database, it must pay an annual the First Amendment to the U.S. exhibiting a historically low threshold fee of $7,375. And the list had better Constitution, which bars government level for creating a new government be checked with care. At $11,000 per from making laws governing speech

The National Do Not Call Registry is not only burdensome and constitutionally dubious, it is unnecessary. Market-driven technological innovations are helping people curb unwanted telemarketing calls much better than government ever could.

program. But government will not solve violation—that is $11,000 for dialing based on content. this problem; rather, it will make it a number on the list—the government The National Do Not Call worse, and create new problems along can quickly disconnect one’s business Registry is not only burdensome the way. operations. and constitutionally dubious, it The main rationale behind the Do Not There’s more. It is also against is unnecessary. Market-driven Call list is the market’s alleged failure to the law for a telemarketer to call any technological innovations are helping protect consumers’ telephone privacy. person, even if the number is not people curb unwanted telemarketing According to this view, government listed on the Do Not Call list, without calls much better than government had to step in, because there was no fi rst writing a check to the federal ever could. For example, some phone other, better way to deal with annoying government. A telemarketer must companies offer a “privacy director” commercial telephone calls. However, pay either way. It is up to $11,000 per that screens calls before the phone this analysis fails to consider—or, at the violation if a telemarketer makes a call even rings. And who knows what other very least, underestimates—the value of to a certain area code unless it fi rst pays innovations would appear in this area market-driven technological solutions the annual fee for access to the registry absent government preemption of that are already helping consumers for numbers within that area code. private solutions. When it comes to defl ect annoying telemarketing calls. Are all unsolicited calls equally dealing with annoying telemarketing But, as in many other cases, government unwanted? Regulators have determined calls, the best thing government can do stepped in to solve a problem just as that nonprofi t telemarketing calls not is to get out of the way. industry was beginning to provide real only are not as annoying as for-profi t solutions. calls, but are also more important, and Braden Cox ([email protected]) serves as Many free market advocates justify therefore deserve greater constitutional Technology Counsel with CEI’s Project the Do Not Call list as consistent with protection. That’s why the FTC on Technology and Innovation.

5 www.cei.org Monthly Planet December 2003 Q & A with Willie Soon: A Leading Physicist on What His Research Tells Us About Long-Term Climate Change, and the Environmental Establishment’s Reaction to His Findings

r. Willie Soon, a physicist at representing reality. So there is indeed Dthe Solar and Stellar Physics a danger in rushing to discredit certain Division of the Harvard-Smithsonian climatic factors while most rejections, Center for Astrophysics in Cambridge, especially of the sun’s radiant energy, Massachusetts, and an astronomer are simply not warranted yet. at the in California’s San Gabriel Mountains, CEI: Were you surprised at the reception recently discussed with CEI his that your report, “Reconstructing research on climate change and Climatic and Environmental Changes the environmental establishment’s of the Past 1000 Years: A Reappraisal,” reaction to his article, “Reconstructing (published in the journal Energy & Climatic and Environmental Changes Environment) has received in the press of the Past 1000 Years: A Reappraisal,” and in some scientifi c journals? (co-authored with ) which shows that the 20th Century was Soon: Since the appearance of the not the warmest of the last 1000 years. paper, I have been writing many letters Dr. Soon writes and lectures frequently worrying about public perceptions, and to newspapers and magazines to better on important issues related to the sun, conduct the hard scientifi c research that educate reporters and writers. I am other stars, and the Earth, as well as is ahead of us. indeed surprised at the very negative general science topics in astronomy reactions from a group of scientists who and physics. CEI: Prior to 1950, there were various appeared to think that my paper was an theories for the cause of climate attack on their work. This perception “Every way of seeing is a way of not change—e.g. changes in elements of is unfounded. My paper simply adds seeing” ― Kenneth Burke, American the Earth’s orbit, lunar-solar tidal more cautions, novel viewpoints and rhetorician infl uences, sunspots. How many of approaches, and a broader range of these ideas have been discredited? evidence for climate variability and CEI: What fi rst got you interested in Which, in your estimation, merit further non-variability to the developing researching the impact of anthropogenic research? scientifi c literature. All my efforts have changes on the Earth’s climate? What, if centered on testing whether various any, impact has mankind had on the Soon: There are a number of proposed hypotheses should be accepted or Earth’s environment? factors for causal climate change. The rejected. In a letter to the Chronicle hardest aspect of scientifi c research is of Higher Education, my Harvard- Soon: I started seriously researching indeed to rule out—or discredit—any Smithsonian Center for Astrophysics of those possibilities. To date, we colleague and co-author Sallie Baliunas the possibility of carbon dioxide (CO2) warming of the globe when I was know that changes in the Earth’s solar and I point out that, “[W]hen Earth’s trying to learn how the sun’s variable orbit occurring over tens of thousand climate is perturbed by some forces, light and charged-particle outputs of years account for the huge swings more than just temperature changes.” can impact Earth’s climate on both in the Earth’s past climatic condition, Therefore, “to understand the climate year-to-year and century-to-century from fully glaciated states to the very change phenomena, it is prudent to timescales. That was about one sunspot warm epochs in which there is hardly inclusively examine the broader scope cycle, or 11 years, ago. We have plenty any ice around the continents. It is still of changes from a more comprehensive of direct evidence for man changing extremely diffi cult to quantitatively perspective than that of temperature.” the Earth’s environment on local and defi ne the role of climate factors like We also note: “Ultimately, willingness regional scales, but what is often not volcanic eruptions, the sun’s variable and carefully attending to examine all appreciated is that not all man-made outputs, atmospheric gases like water possibilities about the nature of climate modifi cations and infl uences are so vapor, carbon dioxide, or methane on variability will reveal more about what horribly destructive. The evidence climactic changes, especially those is going on than what we now know. Of occurring within the past 100 years that we have no doubt.” (This and other about man-made CO2 causing global warming is nowhere close to that neat, or so. All these factors need to be letters can be found on my web page: but incorrect, conceptual picture of quantitatively compared in a realistic http://cfa-www.harvard.edu/~wsoon/ warming as in a greenhouse. If we are fashion. Many attempts based on ChronicleHigherEducation03-d). serious about knowing the answers, we computer climate models are inadequate need to avoid simplistic analogies, stop because climate models are still far from CEI: A 2001 National Science 6 www.cei.org Monthly Planet December 2003

Foundation survey of 1,500 people especially those convened by the World scale temperatures. This holds especially found that 77 percent believed that, Meteorological Organization—were true when dealing with climate history “increased carbon dioxide and other leading to a consensus that greenhouse of the last 1000 years or so, where gases released into the atmosphere will, gases may cause catastrophic cooling, one can hardly have enough local and if unchecked, lead to global warming.” ending with a new Ice Age for the Earth. regional information to construct People of all education levels seem Since the 1990s, we’ve been told that any global temperature confi dently. to buy this notion. Is there a way to greenhouse gases are causing global (Ross McKitrick is interviewed in the counter climate alarmism among the warming. It would be best left to the November issue of Monthly Planet.) public? social scientists to tackle the question about the dramatic switch in popular CEI: What are the Dalton Minimum and Soon: In my opinion, the only way to views—endorsed by certain scientists the Maunder Minimum and how could reduce alarmism is to yield to facts and and experts, though not all—since their study help us better understand evidence that may belie any extreme there are no real advances in scientifi c the Earth’s long-term climate? assertions. On the topic of carbon dioxide and global warming, there have been too many opinions but little We may be dangerously moving away from internally consistent facts. For example, science-by-evidence to science-by-public appeals; the United Nations’ Intergovernmental Panel on Climate Change (IPCC) Third and that is bad not only for science, Assessment Report, which is hailed but also for the public, who will be as the most authoritative source on left swimming in a pool of ignorance. climate change, is really a political document promoting a particular brand of belief: that the climatic impact of man-made greenhouse gases will be knowledge between the 70s and 90s Soon: The Dalton Minimum and the profoundly negative and that remedial that would explain those contrasting Maunder Minimum are two specifi c action is urgent. The science itself extremes in conviction. intervals, around 1795-1820 and 1645- is secondary. As one of the report’s 1715, respectively, in the sunspot record own co-authors, MIT meteorologist CEI: At a July 29 Senate Environment that points to signs of a less active sun, Richard Lindzen, points out, IPCC and Public Works Committee hearing, which in turn can plausibly be linked to a presented the report as representing you testifi ed that local and regional dimmer sun, at least in some wavelength a scientifi c consensus, even though temperature changes are more regions. A sun with less radiant energy is individual authors were not consulted important than global changes. What certainly a good possible explanation for on whether they agreed with parts of is the reason for this and why is this some of the cooler episodes in climate the report beyond those they worked proposition controversial? history. But I think the most important on. Further, IPCC used the “Summary reason to research these solar activity for Policymakers” to misrepresent what Soon: Yes, I emphasized that the minima is to provide a better contrasting is in the actual report. And the report’s reality of climate change is local and benchmark on what will happen when peer-review process was pointless, since regional in scope. I do think that this is the sun’s activity is stronger and forces authors did not respond to reviewers’ universally agreed since there is really more radiant energy onto the Earth’s comments—including Lindzen’s. We not much on which to argue against climate system. Coincidentally, a new may be dangerously moving away that. Neither we nor the environment scientifi c paper (“A Millennium Scale from science-by-evidence to science- function under any actual constraints Sunspot Number Reconstruction: by-public appeals; and that is bad not of a “global” temperature. The fact is Evidence for an Unusually Active Sun only for science, but also for the public, that “global” temperature is a quantity since the 1940s,” to appear in Physical who will be left swimming in a pool of that looks good on paper but is quite Review Letters) authored by a team led ignorance. diffi cult to measure confi dently. Going by solar physicist Ilya Usoskin, of the a step further, my friends Chris Essex University of Oulu in Finland, suggests CEI: In the 1970s, there was (University of Western Ontario) and that the sun’s magnetic activity has been considerable hysteria about global Ross McKitrick (University of Guelph, unusually active in the 20th Century cooling very similar to today’s hysteria Ontario), in their book Taken by Storm, compared to its activity record of the about global warming. What accounts compare the senselessness of defi ning a past 1000 years or so. I am happy to for this dramatic about-face? global temperature with determining announce that in my upcoming book, the average temperature of all the The Maunder Minimum: The Variable Soon: There is a historical tendency of patients in a hospital. I have simply Sun-Earth Connection, I attempt to alarmism surrounding anything related cautioned that “global” temperature shed light on these two solar activity to climate change. What is little known has very limited use unless we can minima (http://www.wspc.com/books/ today is that, during the 1970s, many accurately defi ne it based on suffi cient physics/5199.html). international conferences and panels— confi dence about its local and regional 7 www.cei.org Monthly Planet December 2003

Eroding U.S. Sovereignty: POPs Implementation Bill Would Undermine Constitution, Harm World’s Poor by Angela Logomasini

n early 2004, the Senate is expected authorization or consent—when EPA’s litigation costs, but courts could Ito vote on legislation that would allow international bureaucrats add them also award attorney and witness costs international bureaucrats to initiate to the POPs Treaty list. The Bush to litigants—which will come from worldwide bans and regulations on Administration proposed granting taxpayer dollars as well. In addition, chemicals and give the Environmental EPA authority to regulate only the since many environmental groups Protection Agency (EPA) lone authority 12 chemicals listed in the treaty. The receive government funding, the federal to essentially ratify them for the United Senate would then have to ratify government, in effect, subsidizes such States. The measure is designed to addition of chemicals added to the litigation against itself. implement the Global Convention on POPs treaty list, and the full Congress Setting up a process like this Persistent Organic Pollutants (the so- would have to pass any necessary will exacerbate problems that are called POPs Treaty), which the Bush implementation laws. fundamental to the POPs Treaty. The Administration signed in 2001. If Republicans on the Senate assumption behind bans is that there passed into law, this proposal promises Environment and Public Works are no valuable uses for the banned to make an already dangerous treaty Committee discarded this approach products. Were that true, there would

The assumption behind bans is that there are no valuable uses for the banned products. Were that true there would be no markets for such products and no need for bans.

much worse—eroding U.S. sovereignty, in July—with the administration’s be no markets for such products and subverting the Constitution, and support—by supporting a compromise no need for bans. In reality, these bans advancing policies that could greatly bill. It would require EPA to consider only harm consumers by raising prices harm the world’s poor. bans or other regulations for a year and denying access to wanted—and The legislation (S. 1486), which was before making them offi cial. EPA could often needed—products. The world’s approved by the Senate Environment decide against bans and regulations, but poor are often hit the hardest by such and Public Works Committee in July, the legislation makes it diffi cult for it to policies because they can least afford must now go through the Senate prevail in such cases. First, EPA would expensive alternatives even when they Agriculture and Foreign Relations be forced to give “substantial weight” are available. committees before reaching the fl oor, to POPs listing decisions—placing the This is clearly the case with the existing providing members with opportunities burden on EPA to prove them wrong. In POPs Treaty bans. These were initiated to reverse course. addition, statist environmental groups by wealthy nations where people can The POPs Treaty imposes could sue EPA if the agency doesn’t better afford expensive alternatives. international bans on 12 chemicals— impose new POPs-mandated chemical Meanwhile, people in poor nations, chlordane, DDT, dieldrin, aldrin, bans or regulations. Courts could then who don’t have access to alternatives, dioxins, endrin, furans, heptachlor, order EPA to ban or regulate unless are left to suffer the consequences. The hexachlorobenzene, mirex, PCBs, and the agency proves that such action is most outrageous example is the treaty’s toxaphene. Disagreement on treaty unnecessary. However, this standard ban on the pesticide DDT, which is still implementation legislation has held would be tough to beat since it basically the best available, and only reasonably up ratifi cation. Democratic lawmakers asks EPA to prove a negative. affordable, pesticide for controlling proposed allowing EPA to implement And as if that weren’t bad enough, bans—without any congressional taxpayers would not only pay for Continued on next page

8 www.cei.org Monthly Planet December 2003 the spread of malaria-carrying mosquitoes in developing nations. In some developing countries, public health authorities spray DDT on the Twenty Years of Advancing walls of buildings to repel mosquitoes from entering dwellings. Contrary to environmentalist claims, this limited Liberty, Free Markets, and use of DDT does not produce any measurable environmental impact, but Limited Government can save millions of lives. U.S. bans on this product have led other nations to follow suit—and eventually led to the POPs international ban—producing deadly consequences. 2004 will mark the In the absence of DDT use, the number of malaria cases in developing nations Competitive Enterprise Institute’s has skyrocketed. According to the World Health Organization, malaria Twentieth Anniversary now infects 300 to 400 million people a year. In Africa alone 1.5 to 2.7 million people—mostly children—die from malaria every year. Tropical medicine specialist Donald To commemorate this milestone, Roberts and his colleagues reported in 1997 that “countries that have recently we are unveiling a new logo, discontinued their spray programs are as we look forward to another reporting large increases in malaria incidence.” In contrast, Ecuador, which 20 years fi ghting for freedom increased use of DDT after 1993, “is the only country reporting a large reduction (61 percent) in malaria rates since 1993.” Because of such realities, the treaty allows limited use for malaria control—but treaty regulations make it diffi cult for poor nations to access DDT, and the treaty aims to eventually impose a total worldwide ban. For these reasons alone, it would make the most sense for members of Congress to call for the unsigning of the POPs Treaty. But, barring that, members should defend their constitutional responsibility by demanding that the treaty include an “opt-in” provision, which would require that the Senate ratify any treaty changes and pass laws each time for implementing any change. Monthly Planet will mark the occasion If Congress acts accordingly, we could avoid taxpayer-subsidized lawsuits. with special features throughout the year Congress has a constitutional responsibility to govern. If it doesn’t meet that responsibility, we can expect many more deadly mistakes. And please watch Monthly Planet and www.cei.org for information on our 20th Anniversary Dinner, Angela Logomasini ([email protected]) is director of to he held May 19th in Washington, D.C. Risk and Environmental Policy at CEI.

9 www.cei.org Monthly Planet December 2003

The Good, the Bad, and the Ugly The Good: President Bush Repeals Steel Tariffs On December 5, President Bush, undoing a major policy mistake, lifted steel import tariffs imposed by his administration 21 months prior. Bush hoped to gain political advantage in steel producing states, but the move backfi red. The tariffs—of up to 30 percent—cost steel-using industries both jobs and profi ts. They angered many of the President’s pro-free-market supporters. And the European Union and some Asian countries threatened retaliatory tariffs on goods from politically sensitive states, like Florida. The steel industry accused Bush of “capitulating to European blackmail;” but his decision to lift the tariffs gives a great boost to the American economy. According to the International Trade Commission, the duties cost other industries almost $700 million in profi ts and 26,000 jobs. And the tariffs hurt consumers—U.S. manufacturers forced to pay more for steel passed the greater cost PR Newswire Photo Service on to consumers. Finally, tariffs hurt the industries they are supposed to protect, shielding them from competition and delaying needed adjustments. Notes CEI President Fred Smith: “When you make it harder for steel- using industries to get quality steel at economical prices, you’re making them less competitive in the world market.”

The Bad: Fat Police Go on the Offensive Government offi cials—concerned that Americans are getting fatter—are pushing a variety of programs to make us all thinner, including requiring more “user friendly” nutritional labels on food products and restaurant menus and investigating snack food manufacturers’ marketing techniques. The Food and Drug Administration (FDA) recently announced it is reexamining food labeling requirements because consumers are often confused by serving sizes—never mind that food nutrition labels list the amount of servings in each package. Sen. Joseph Lieberman (D-Conn.) wants the Federal Trade Commission to determine whether there is a connection between “junk food” advertising and increasing obesity among children. Lieberman, who is seeking the Democratic presidential nomination, said that as president he would push for nutritional information to be included in snack food ads and chain Feature Photo Service restaurant menus. In the House, Rep. Rosa DeLauro (D-Conn.) has introduced a chain restaurant menu labeling bill. These efforts are the latest example of regulation by threat of litigation—from food-nanny groups like the Center for Science in the Public Interest and trial lawyers like McDonald’s nemesis John Banzhaf. But, as CEI General Counsel Sam Kazman notes, labeling alone will not fend off lawsuits: “Nutritional information is the legal equivalent of a warning label: It may stave off a lawsuit here and there, but it does little to hold back a fl ood of litigation.”

The Ugly: Trial Lawyers, Feds Exacerbate Vaccine Shortages A particularly virulent strain of fl u has struck the United States this winter. At this writing, nine children have died in Colorado alone. Such news may prompt you to run to your nearest health clinic for an immunization. Don’t bother; most county health facilities won’t have it. And when you do get the fl u, you can blame trial lawyers and government vaccine purchasing policies for your suffering. Many drug companies, concerned about the potential of class action lawsuits, have stopped making vaccines. In the 1970s, there were 25 vaccine manufacturers in the United States; today, there are only Feature Photo Service fi ve. Vaccine manufacturers are supposed to be protected from lawsuits under a 1986 law, but lawyers have found loopholes in the law, and have fi led over 200 cases. In late 2002, Sens. Lincoln Chafee (R-R.I.), Susan Collins (R-ME), and Olympia Snowe (R-ME) torpedoed an opportunity to address this issue when they forced Majority Leader Bill Frist (R-Tenn.) to repeal a provision in the Homeland Security bill that would have strengthened vaccine makers’ liability protection. In addition, federal vaccine purchasing policies discourage vaccine manufacturing by keeping prices artifi cially low, according to a new report by the Institute of Medicine of the National Academies (“Financing Vaccines in the 21st Century: Assuring Access and Availability”). The federal government, especially the Centers for Disease Control and Prevention, currently purchases over 50 percent of vaccines in the U.S.—spending over $1 billion a year. Duke University Center for Health Policy, Law, and Management Director Frank Sloan, who served as chairman of the Institute of Medicine study, says that the government’s purchasing predominance “raises an issue of monopsony power”—a situation where a single buyer can keep prices low. Such low prices have discouraged investment in vaccine production, leading many manufacturers to get out of the business altogether. 10 www.cei.org Monthly Planet December 2003

Senior Policy Analyst Solveig Carbon Trust, an organization set up Singleton considers the potential and funded by Tony Blair’s government impact of open source software and Media to facilitate business compliance with its boosters on the emerging debate Kyoto’s energy suppression mandates. over intellectual property rights: Kyoto would confer competitive In 1999, computer game developer advantage on UK businesses vis à vis Shawn Hargreaves wrote a fascinating their U.S. counterparts but only if the paper on the dearth of open source U.S. participated. If neither the U.S. computer games. Why, he asks, were there nor Russia ratifi es, the treaty is dead. so few original and successful open source And if Kyoto dies, the Carbon Trust has games, as compared to proprietary games? no raison d’être. In this paper, Hargreaves suggests that - Financial Times, November 17 games just do not lend themselves well to open source business models such as selling Director of Clean Air Policy services... Ben Lieberman warns New Let’s leap forward to 2003. Hargreaves’s York drivers of future gasoline description of the diffi culties of developing price spikes as new government open source games remains largely regulations kick in: accurate. What does this mean for the A new government report has a open source movement and, in particular, Mentions message for New Yorkers rocked by for public policy debates surrounding the high gasoline prices: Get used to it. future direction of intellectual property licensing? It tells Blame it on regulations. While the price of oil bounces a cautionary tale for those who would prefer open source up and down and gasoline taxes remain steady, the costs of out of ideology, without attention to results. Government federal and state fuel regulations are going nowhere but up, procurement and research funding policies should remain causing many recent jumps at the pumps. neutral, preferring neither proprietary nor open source The next such price hike could come as soon as Jan. 1. licensing. That’s when New York State will ban methyl tertiary butyl - Local Tech Wire, December 8 ether (MTBE), an additive used in much of the state’s gas supply. Along with Connecticut and other states, New York President Fred L. Smith, Jr. (with co-author and is responding to concerns that MTBE has tainted water Club for Growth President Stephen Moore) urges supplies. Governor Schwarzenegger to end California’s “other Even if we dodge that short-term bullet, DOE sees longer car tax”: term price hikes of perhaps fi ve cents per gallon in the Arnold Schwarzenegger ran on a platform of bringing summer and one cent the rest of the year. And the relative businesses and jobs back to the state. To do so, the new uniqueness of New York gasoline could lead to fewer suppliers governor will need to terminate a multitude of economically and periodic shortages—and future price spikes. damaging policies left over from the Gray Davis era. - New York Post, November 16 One such legacy is a law, signed by Davis last year, which could signifi cantly raise the cost of owning and operating Director of Food Safety Policy Gregory Conko cars and trucks in California. The law directs the California and Adjunct Scholar Henry I. Miller expose the Air Resources Board (CARB) to produce a plan to reduce disastrous results of U.N. regulation of agricultural greenhouse gas emissions—principally carbon dioxide biotechnology: The United Nations is supposed to be a watchdog of human (CO2)—from new automobiles. The agency is to achieve “maximum feasible” reductions that somehow are also “cost- rights, but it needs watching itself. It has been denying people, effective.” But how CARB will implement the law is anybody’s especially the poor, the right to feed themselves, buy from guess. others, and use their land as they wish. The inhabitants of less This delegation of broad regulatory authority is an open developed countries are literally dying as a consequence. invitation to impose hidden taxes on automobile ownership Not through happenstance, but systematically, the United and use, especially on families who buy SUVs, light vans and Nations has been sacrifi cing science, technology, and sound station wagons. public policy to its own bureaucratic self-interest, thereby - Orange County Register, November 18 obstructing technological innovation that could help the poorest of the poor. In particular, it is involved in the Senior Fellow Marlo Lewis, Jr. responds to self- excessive, unscientifi c regulation of biotechnology—also interested pro-Kyoto boosterism in Britain’s leading known as gene-splicing, or genetic modifi cation (GM). fi nancial daily with a letter to the editor: This regulation slows agricultural research and Michael Grubb (“The world must keep its nerve over development and promotes environmental damage. It can Kyoto,” November 13) wants the U.S. and Russia to ratify the also prolong famine and water shortages for millions. Kyoto Protocol. What a surprise! Mr. Grubb works for the - Scripps Howard News Service, November 12 11 www.cei.org Monthly Planet December 2003

Canada Fights U.S. TV Signal Climate Alarmists Alarm On Invasion—or Does It? Climate change alarmists—panicking In Canada, it is now illegal for since Russia’s announcement that it anyone to receive satellite TV ...END would not ratify the Kyoto Protocol— signals other than from a satellite are resorting to ever-wilder claims. owned by a Canadian company— Their case can be summed up with penalties of fi nes of up to U.S. NOTES as: “Let’s hurry up and destroy $8,000 per day and six months civilization before global warming in jail. The satellite TV companies does it for us!” A new report by the who benefi t from this arrangement German Advisory Council on Global estimate that there are 700,000 Change—released at the United “illegal” satellite systems in Canada. Nations Framework on Climate However, the Canadian government Change Conference of the Parties won’t block the importation of the in Milan December 1-12—predicts systems from the U.S. It’s only when “catastrophic” climate change you actually use them that they unless industrialized countries cut become “illegal.” greenhouse gas emissions by at least 20 percent by 2020 and by RIAA Takes Kid Gloves Off up to 60 percent by 2050. Also at The Recording Industry Association of America—which has the conference, Jonathan Bamber of the University of Bristol fi led over 380 lawsuits against individual music downloaders called on governments “to take really radical steps, far more for alleged copyright infringement—named outgoing Bureau extreme than the Kyoto Protocol.” And on December 7, Rajiv of Alcohol, Tobacco, Firearms, and Explosives Director Nigam, a scientist with the Geological Oceanography Division Bradley A. Buckles to head its Anti-Piracy Unit. in India, claimed that, “If the warming continues, there will be about half to one meter increase in sea level by 2020 and Government Truth in Advertising cities like Bombay, Calcutta, and Madras will be completely Taxicab drivers in DeKalb County, Georgia, claim that submerged.” they are being harassed by a new two-man taxi regulation enforcement unit that wrote 397 tickets from June through More Serious Threats from Global Warming September. The agency’s name: Taxi Wrecker Bureau. The United Nations Environment Program, at something called the Fifth World Conference on Sport and the Pork: OK for Sheep, But Not for Humans Environment—held in Turin, Italy, December 2-4—released Animal rights activists in Australia recently fed ham, a pork a report highlighting the threat that global warming poses to product considered “unclean” by Muslim dietary standards, ski resorts. to 1,800 sheep that were to be shipped to Kuwait.

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