Climategate and the Inquiries
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Supreme Court of the United States
No. 18-1451 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- NATIONAL REVIEW, INC., Petitioner, v. MICHAEL E. MANN, Respondent. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The District Of Columbia Court Of Appeals --------------------------------- --------------------------------- MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE AND BRIEF OF AMICUS CURIAE SOUTHEASTERN LEGAL FOUNDATION IN SUPPORT OF PETITIONER --------------------------------- --------------------------------- KIMBERLY S. HERMANN HARRY W. MACDOUGALD SOUTHEASTERN LEGAL Counsel of Record FOUNDATION CALDWELL, PROPST & 560 W. Crossville Rd., Ste. 104 DELOACH, LLP Roswell, GA 30075 Two Ravinia Dr., Ste. 1600 Atlanta, GA 30346 (404) 843-1956 hmacdougald@ cpdlawyers.com Counsel for Amicus Curiae June 2019 ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM 1 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE Pursuant to Supreme Court Rule 37.2, Southeast- ern Legal Foundation (SLF) respectfully moves for leave to file the accompanying amicus curiae brief in support of the Petition. Petitioner has consented to the filing of this amicus curiae brief. Respondent Michael Mann has withheld consent to the filing of this amicus curiae brief. Accordingly, this motion for leave to file is necessary. SLF is a nonprofit, public interest law firm and policy center founded in 1976 and organized under the laws of the State of Georgia. SLF is dedicated to bring- ing before the courts issues vital to the preservation of private property rights, individual liberties, limited government, and the free enterprise system. SLF regularly appears as amicus curiae before this and other federal courts to defend the U.S. Consti- tution and the individual right to the freedom of speech on political and public interest issues. -
Better Science - Where Is the Recent Warming?
Better Science - Where is the Recent Warming? Two Friends of Science members published the following letters in the Readers’ Forum section of the September 2012 issue of “The PEG Magazine”, the official publication of the Association of Professional Engineers and Geoscientists of Alberta (APEGA). HERE'S SOME BETTER SCIENCE Re: Online Denials Not Well Founded, by J. Edward Mathison, P.Geol., and Let's Get Back to Applying Science, by Joe Green, P.Eng., Readers' Forum, The PEG,April 2012. A return to the appropriate application of science would be most welcome. But how do we define Science? Since the 17th century a scientific method with accepted standards has developed. Researchers propose hypotheses as explanations of observed phenomena and design experimental studies to test them. Fundamental is the principle of full transparency, with data and methodology archived and shared so results can be verified and reproduced independently by other scientists. This has not been the pattern for the climatologists in the Intergovernmental Panel on Climate Change, who have shown a total disregard for these procedures by withholding data, refusing to reveal or discuss methodology, and essentially ignoring evidence contrary to their hypothesis. PhiI Jones of the Climate Research Unit of the U.K.'s University of East Anglia has not been forthcoming. Despite numerous freedom of information requests and enquiries, data and its associated methodology have not been fully released for independent due diligence. This is notwithstanding that this is the temperature data set presented as primary evidence of late 20th century warming, and the basis for draconian policy and taxation measures. -
The Disclosure of Climate Data from the Climatic Research Unit at the University of East Anglia
House of Commons Science and Technology Committee The disclosure of climate data from the Climatic Research Unit at the University of East Anglia Eighth Report of Session 2009–10 Report, together with formal minutes Ordered by the House of Commons to be printed 24 March 2010 HC 387-I Published on 31 March 2010 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Science and Technology Committee The Science and Technology Committee is appointed by the House of Commons to examine the expenditure, administration and policy of the Government Office for Science. Under arrangements agreed by the House on 25 June 2009 the Science and Technology Committee was established on 1 October 2009 with the same membership and Chairman as the former Innovation, Universities, Science and Skills Committee and its proceedings were deemed to have been in respect of the Science and Technology Committee. Current membership Mr Phil Willis (Liberal Democrat, Harrogate and Knaresborough)(Chair) Dr Roberta Blackman-Woods (Labour, City of Durham) Mr Tim Boswell (Conservative, Daventry) Mr Ian Cawsey (Labour, Brigg & Goole) Mrs Nadine Dorries (Conservative, Mid Bedfordshire) Dr Evan Harris (Liberal Democrat, Oxford West & Abingdon) Dr Brian Iddon (Labour, Bolton South East) Mr Gordon Marsden (Labour, Blackpool South) Dr Doug Naysmith (Labour, Bristol North West) Dr Bob Spink (Independent, Castle Point) Ian Stewart (Labour, Eccles) Graham Stringer (Labour, Manchester, Blackley) Dr Desmond Turner (Labour, Brighton Kemptown) Mr Rob Wilson (Conservative, Reading East) Powers The Committee is one of the departmental Select Committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No.152. -
December 12, 2015
The Week That Was: 2015-12-12 (December 12, 2015) Brought to You by SEPP (www.SEPP.org) The Science and Environmental Policy Project ################################################### Quote of the Week: “The prudent man always studies seriously and earnestly to understand whatever he professes to understand, and not merely to persuade other people that he understands it; and though his talents may not always be very brilliant, they are always perfectly genuine. He neither endeavours to impose upon you by the cunning devices of an artful impostor, nor by the arrogant airs of an assuming pedant, nor by the confident assertions of a superficial and impudent pretender.” Adam Smith The Theory of Moral Sentiments (1759) ################################################### Number of the Week: 3 Times and 4 Times ################################################### Dear Subscriber to The Week That Was, As you know, support for the Science and Environmental Policy Project (SEPP) comes entirely from private donations; we do not solicit support from industry or government. Therefore, we can honestly claim that we are not beholden to anyone and that our writings are clear from any outside influence. We are also proud of the fact that SEPP is frugal: no fancy offices, no employees, no salaries paid to anyone; in fact, we donate book royalties and lecture fees to SEPP. The past few years have been very productive: In collaboration with like-minded groups, we produced hard-hitting comments for the record and provided scientific testimony on proposed Federal climate and energy policy. We expect this material to surface in future litigation over excessive regulation. In 2016, we plan to be very active in upcoming litigation over Federal regulations that are not supported by empirical science. -
Radio Canada's
Friends of Science friendsofscience.org climatechange101.ca Press Release November 26, 2019 Radio Canada’s “Décrypteurs” Climate Fail (CALGARY) Friends of Science Society have issued a letter to Radio Canada condemning recent coverage of the CLINTEL “No Climate Emergency” declaration as poor and biased journalism. On Nov. 23, 2019, fact-checkers at Radio Canada’s “Décrypteurs” claim to have deconstructed the list of scientists who issued the Climate Intelligence - CLINTEL “No Climate Emergency” declaration to the UN. A larger group of CLINTEL signatories and expanded scientific explanation was presented on Nov. 20, 2019 to the European Parliament, as reported by the Global Warming Policy Foundation. Radio Canada’s fact-checking team claim few of the CLINTEL signatories are climate scientists, but this is a term which only came into use about 2005. It is irrelevant in the complex field of climate where physicists, atmospheric scientists, geoscientists, astrophysicists, oceanographers, volcanologists and chemists among others, all have input to and understanding of climate change science. Radio Canada relies on information from the International Fact Checking Network (IFCN). IFCN certified “Climate Feedback” as an accurate source to evaluate such climate news, but it is really a group of self- interested scientists who issued a disrespectful and fact-fail review of the CLINTEL ‘No Climate Emergency” document, as detailed in this Friends of Science rebuttal. While the “Décrypteurs” claim some CLINTEL signatories are not scientists, it is ironic that CBC/Radio Canada regularly report on Al Gore’s climate proclamations and give headline coverage to Greta Thunberg, neither of whom are climate scientists and both of whom are engaged in a global carbon offset promotion scheme. -
BLACK SWANS by Dr Gerrit J. Van Der Lingen (© 2015)
BLACK SWANS By Dr Gerrit J. van der Lingen (© 2015) Christiana Figueres is a Costa Rican diplomat. She was appointed Executive Secretary of the UN Framework Convention on Climate Change (UNFCCC) on May 17, 2010. She succeeded Yvo de Boer. The UNFCCC organises annual climate conferences, called COPs (Conferences Of the Parties to the UNFCCC). The first one was held in Berlin in 1995. The last one (COP20), at the time of writing this essay, was in Lima, Peru, 1-12 December 2014. Christiana Figueras chaired that conference. In her opening address she said, among other, the following: “The calendar of science loudly warns us that we are running out of time”, and “Here in Lima we must plant the seeds of a new, global construct of high quality growth, based on unparalleled collaboration building across all previous divides. History, dear friends, will judge us not only for how many tonnes of greenhouse gases we were able to reduce, but also by whether we were able to protect the most vulnerable, to alleviate poverty and to create a future with prosperity for all”. Maurice Newman, Chairman of the Australian Prime Minister’s Business Advisory Council, wrote an article in The Australian newspaper of 8 May, 2015, titled: “The UN is using climate change as a tool, not an issue”. About Christina Figueres he wrote: “Why then, with such little evidence, does the UN insist the world spends hundreds of billions of dollars a year on futile climate change policies? Perhaps Christiana Figueres, executive secretary of the UN’s framework on Climate Change has the answer? In Brussels last February she said, “This is the first time in the history of mankind that we are setting ourselves the task of intentionally, within a defined period of time, to change the economic development model that has been reigning for at least 150 years since the Industrial Revolution.” In other words, the real agenda is concentrated political authority. -
A Prediction Market for Climate Outcomes
Florida State University College of Law Scholarship Repository Scholarly Publications 2011 A Prediction Market for Climate Outcomes Shi-Ling Hsu Florida State University College of Law Follow this and additional works at: https://ir.law.fsu.edu/articles Part of the Environmental Law Commons, Law and Politics Commons, Natural Resources Law Commons, and the Oil, Gas, and Mineral Law Commons Recommended Citation Shi-Ling Hsu, A Prediction Market for Climate Outcomes, 83 U. COLO. L. REV. 179 (2011), Available at: https://ir.law.fsu.edu/articles/497 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Scholarly Publications by an authorized administrator of Scholarship Repository. For more information, please contact [email protected]. A PREDICTION MARKET FOR CLIMATE OUTCOMES * SHI-LING HSU This Article proposes a way of introducing some organization and tractability in climate science, generating more widely credible evaluations of climate science, and imposing some discipline on the processing and interpretation of climate information. I propose a two-part policy instrument consisting of (1) a carbon tax that is indexed to a “basket” of climate outcomes, and (2) a cap-and- trade system of emissions permits that can be redeemed in the future in lieu of paying the carbon tax. The amount of the carbon tax in this proposal (per ton of CO2) would be set each year on the basis of some objective, non-manipulable climate indices, such as temperature and mean sea level, and also on the number of certain climate events, such as flood events or droughts, that occurred in the previous year (or some moving average of previous years). -
Volume 3: Process Issues Raised by Petitioners
EPA’s Response to the Petitions to Reconsider the Endangerment and Cause or Contribute Findings for Greenhouse Gases under Section 202(a) of the Clean Air Act Volume 3: Process Issues Raised by Petitioners U.S. Environmental Protection Agency Office of Atmospheric Programs Climate Change Division Washington, D.C. 1 TABLE OF CONTENTS Page 3.0 Process Issues Raised by Petitioners............................................................................................5 3.1 Approaches and Processes Used to Develop the Scientific Support for the Findings............................................................................................................................5 3.1.1 Overview..............................................................................................................5 3.1.2 Issues Regarding Consideration of the CRU E-mails..........................................6 3.1.3 Assessment of Issues Raised in Public Comments and Re-Raised in Petitions for Reconsideration...............................................................................7 3.1.4 Summary............................................................................................................19 3.2 Response to Claims That the Assessments by the USGCRP and NRC Are Not Separate and Independent Assessments.........................................................................20 3.2.1 Overview............................................................................................................20 3.2.2 EPA’s Response to Petitioners’ -
Statement of Undisputed Facts
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION ) MICHAEL E. MANN, PH.D., ) ) Plaintiff, ) ) Case No. 2012 CA 008263 B v. ) Judge Alfred S. Irving, Jr. ) NATIONAL REVIEW, INC., et al., ) ) Defendants. ) ) STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT STEYN’S MOTION FOR SUMMARY JUDGMENT Defendant Mark Steyn submits the following Statement of Undisputed Material Facts in support of his Motion for Summary Judgment. Mark Steyn’s July 15, 2012 Blog Post 1. On July 15, 2012, Mark Steyn posted a blog titled “Football and Hockey” on National Review’s online blog “The Corner” (“the Steyn Post”) to National Review Online. See Mark Steyn, Football and Hockey, National Review Online, July 15, 2012, https://www.nationalreview.com/corner/football-and-hockey-mark-steyn/. 2. The Steyn Post states, in full: In the wake of Louis Freeh’s report on Penn State’s complicity in serial rape, Rand Simberg writes of Unhappy Valley’s other scandal: I’m referring to another cover up and whitewash that occurred [at Penn State] two years ago, before we learned how rotten and corrupt the culture at the university was. But now that we know how bad it was, perhaps it’s time that we revisit the Michael Mann affair, particularly given how much we’ve also learned about his and others’ hockey-stick deceptions since. Mann could be said to be the Jerry Sandusky of climate science, except that instead of molesting children, he has molested and tortured data in the service of politicized science that could have dire economic consequences for the nation and planet. -
Red Lines & Hockey Sticks
Red Lines & Hockey Sticks A discourse analysis of the IPCC’s visual culture and climate science (mis)communication Thomas Henderson Dawson Department of ALM Theses within Digital Humanities Master’s thesis (two years), 30 credits, 2021, no. 5 Author Thomas Henderson Dawson Title Red Lines & Hockey Sticks: A discourse analysis of the IPCC’s visual culture and climate science (mis)communication. Supervisor Matts Lindström Abstract Within the climate science research community there exists an overwhelming consensus on the question of climate change. The scientific literature supports the broad conclusion that the Earth’s climate is changing, that this change is driven by human factors (anthropogenic), and that the environmental consequences could be severe. While a strong consensus exists in the climate science community, this is not reflected in the wider public or among poli- cymakers, where sceptical attitudes towards anthropogenic climate change is much more prevalent. This discrep- ancy in the perception of the urgency of the problem of climate change is an alarming trend and likely a result of a failure of science communication, which is the topic of this thesis. This paper analyses the visual culture of climate change, with specific focus on the data visualisations com- prised within the IPCC assessment reports. The visual aspects of the reports were chosen because of the prioriti- sation images often receive within scientific communication and for their quality as immutable mobiles that can transition between different media more easily than text. The IPCC is the central institutional authority in the climate science visual discourse, and its assessment reports, therefore, are the site of this discourse analysis. -
Kyoto Accord
Kyoto Accord A reproduction of the 2002 debate solicited by APEGGA Association of Professional Engineers and Geoscientists of Alberta Published in “The PEGG” journal and on-line Between Matt McCulloch, P.Eng., is with the Calgary office of the Pembina Institute for Appro- priate Development, in a lead technical role in the institute's Eco-Solutions Group. Dr. Matt Bramley is the Pembina Institute's director of climate change. And Dr. Sallie Baliunas is deputy director at Mount Wilson Observatory and an astrophys- icist at the Harvard-Smithsonian Center for Astrophysics. Dr. Tim Patterson is professor of geology (paleoclimatology) in the Department of Earth Sciences at Carleton University. Allan M.R. MacRae, P.Eng., is a Calgary investment banker and environmentalist. Views expressed are not necessarily those of any institution with which they are affiliated. This paper reflects the scientific view of Friends of Science Society whose scientific advisors in 2002 included Dr. Sallie Baliunas and Dr. Tim Patterson. THE KYOTO ACCORD Editor's Note: The PEGG solicited the following exchange on the Kyoto Accord and the science behind it, in an effort to provide two divergent views of the debate. The Point side is in favour of the science behind Kyoto and its implementation; the Counterpoint side dis- putes the science and doesn't agree that the accord, as it currently stands, is an accepta- ble way to address climate change. Each side received an advance copy of the other's argument, allowing them to write rebuttals, which also appear here. ________________________________________ POINT BY MATT McCULLOCH, P.ENG. and MATTHEW BRAMLEY, PhD Atmospheric concentrations of greenhouse gases (GHGs) are rising rapidly as a result of human activities, mainly the burning of fossil fuels. -
SUPERIOR COURT of the DISTRICT of COLUMBIA CIVIL DIVISION MICHAEL E. MANN, PH.D., Plaintiff, V. NATIONAL REVIEW, INC., Et Al., D
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION ) MICHAEL E. MANN, PH.D., ) ) Case No. 2012 CA 008263 B Plaintiff, ) ) Judge Natalia Combs Greene v. ) ) Next event: Initial Scheduling Conference NATIONAL REVIEW, INC., et al., ) January 25, 2013 ) Defendants. ) ) DEFENDANTS COMPETITIVE ENTERPRISE INSTITUTE AND RAND SIMBERG’S SPECIAL MOTION TO DISMISS PURSUANT TO THE D.C. ANTI-SLAPP ACT Pursuant to the District of Columbia Anti-SLAPP Act of 2010, D.C. Code § 16 -5502(a) (“the D.C. Anti-SLAPP Act” or “the Act”), Defendants Competitive Enterprise Institute and Rand Simberg (“CEI Defendants”) respectfully move for an order dismissing the Complaint’s claims against them with prejudice. As set forth in the accompanying memorandum, the CEI Defendants’ commentary on Plaintiff Michael E. Mann’s research and Penn State’s investigation of his research is protected by the D.C Anti-SLAPP Act because it is unquestionably an “act in furtherance of the right of advocacy on issues of public interest,” D.C. Code § 16-5502(a), and Mann cannot demonstrate that his claims are “likely to succeed on the merits,” D.C. Code § 16-5502(b). In the event that this Motion is granted, the CEI Defendants reserve the right to file a motion seeking an award of the costs of this litigation, including attorneys’ fees, pursuant to D.C. Code § 16-5504(a). WHEREFORE, the CEI Defendants respectfully request that the Court grant their Special Motion to Dismiss and enter judgment in their favor dismissing the Complaint’s claims against Defendants Competitive Enterprise Institute and Rand Simberg with prejudice.