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CEI Today: Labor & civil rights laws, cops vs wine, Labor Day, and the Berlin Wall 

Tuesday, August 26, 2014
In the News Today



Obama “Fair Pay and Safe Workplaces” Executive Order Will Punish Firms in Pro-Worker States

Earlier, we discussed President Obama’s recent Executive Order 13,673, which “will allow trial lawyers to extort larger settlements from companies, and enable bureaucratic agencies to extract costly settlements over conduct that may have been perfectly legal.”

But it turns out that President Obama’s executive order (which allows the Labor Department to cut off firms’ government contracts over state or federal employment law verdicts or fines against them) has another, more ironic effect: It penalizes companies based in states like California that vigorously enforce labor and civil-rights laws, leading to employers in those states racking up more fines and verdicts against than similarly-behaving employers in other states. > Read more

> Interview Hans Bader


Cops to Destroy Rare Wine Collection in Pennsylvania

In Philadelphia, one man surely isn’t feeling the brotherly love after police raided his home and seized 2,426 bottles of rare wine—with an estimated value of more than $125,000—that the police reportedly plan to “destroy.”
> Read more

> Interview Michelle Minton




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CEI President Lawson Bader



Time has a way of blurring memories

Saturday, 10am ET




CEI Today: Bank of America settlement, FedEx, and Big Labor 

Monday, August 25, 2014
In the News Today



Eric Holder Avenges Investor Fraud by Taking from Defrauded Investors

Bank of America agreed to fork over $16.65 billion to settle charges it and companies it had purchased had deceived investors. Yet how much from this settlement goes to the investor victims? Nada! In fact, the settlement takes billions from the very investors who were defrauded.
> Read more

> Interview John Berlau



Forbes: Please, FedEx, Fight Back Against Federal Extortion

U.S. Attorney for the Northern District of California Melinda Haag, an Obama appointee, is hunting for bigger game. Flush from shaking down Walmart, Johnson and Johnson, and UPS for tens of millions, she has indicted the FedEx Corporation on drug trafficking and “conspiracy to launder” money charges. The prize purse this time? $1.6 billion. What did FedEx allegedly do? The company shipped prescription drug packages from Internet pharmacies that Haag doesn’t like.
> Read more

> Interview Bill Frezza



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Saturday, 10am ET




Watchdog - Duplicate voters? No problem in Maryland  


Cooler Heads Digest 22 August 2014

22 August 2014

In the News

Exposing Big Bad Green
E. Calvin Beisner, Master Resource, 21 August 2014

Oil-Export Ban: Holding America Back
Robert Bradley, Jr., Forbes, 20 August 2014

Fracking Earthquakes Are Less Intense
Bebe Raupe, Bloomberg, 20 August 2014

Are Fossil Fuels the Past, Renewables the Future?
Marlo Lewis,, 19 August 2014

Workers Suffer When Militarized Police and Big Green Get Together
Ron Arnold, Washington Examiner, 19 August 2014

Republicans’ Lukewarm Climate Warrior
Christopher Flavelle, Bloomberg, 18 August 2014

My New Best Friends
Mark Steyn, Steyn Online, 14 August 2014

News You Can Use
Good News: Air Pollution Is Down

The Environmental Protection Agency on 21st August sent its Second Integrated Air Toxics Report to Congress, which concludes that air pollution has been reduced dramatically since the Clean Air Act Amendments of 1990 were enacted.  Benzene levels have been reduced by 66%, mercury by 60%, and lead by 84%.    (Nonetheless, the incidence of childhood asthma continues to rise.) 

Inside the Beltway
William Yeatman

Senate Minority Leader Indicates a Republican Majority Would Rein in EPA

In an interview this week with Politico, Senate Minority Leader Mitch McConnell indicated that, if Republicans won the Senate in November, they likely would use the appropriations process to rein in the EPA. Speaking of a hypothetical Republican majority, he said, “We’re going to pass spending bills, and they’re going to have a lot of restrictions on the activities of the bureaucracy.” He singled out the EPA as a “good example” of a bureaucracy that would become subject to such restrictions. By attaching policy amendments, or “riders,” to high-priority legislation like spending bills, the likelihood of passing the Senate increases.

Across the States
Myron Ebell

Oregon Regulators Deny Permit for Coal Export Terminal

The Oregon Department of State Lands on 18th August denied a permit for Ambre Energy’s proposed coal export terminal on the Columbia River at Port of Morrow, 160 miles east of Portland.  After two years of review, the agency found that the Australian company had not proposed adequate protections for tribal salmon fisheries on the Columbia.   

Ambre Energy can appeal the decision administratively within 21 days.  If the appeal is denied, then the company can file suit in state court. 

The proposed $242 million facility could handle 8.8 million tons of coal per year.  Coal from Wyoming and Montana would be sent by rail to the Port of Morrow, where it would be loaded onto barges which would then be unloaded onto ocean-going ships at Port of Saint Helens, 30 miles downriver from Portland and 75 miles from the mouth of the Columbia.

Oregon Governor John Kitzhaber (D) is a vocal opponent of the project.  Permits for two larger coal export terminals are still being considered in Washington state, where Governor Jay Inslee (D) is also strongly opposed.      

Around the World
Myron Ebell

UN Plans New York Climate Change Summit

The Secretary-General of the United Nations, Ban Ki-moon, is preparing to host over a hundred of the world’s presidents and prime ministers at a Climate Change Summit at UN headquarters in New York City on 23rd September.  U. S. President Barack Obama and Chinese President Xi Jinping are expected to attend, but new Indian Prime Minister Narendra Modi and Australian Prime Minister Tony Abbott have already announced that they will not attend.   

The summit is by invitation only, but can be viewed on the UN’s web television site.  The UN on 8th August sent out a press release announcing that it was “casting a wide net to find dozens of people from around the world who feel passionately about the impact of climate change, have translated that passion into action and would like to attend next month’s Climate Summit at the UN.”  According to Susan Alzner, a UN official in charge of UN-NGO relations, “Anyone can nominate a civil society representative into this process.”  Four of the 38 will be invited to speak to the heads of state.  The selection process will strive for gender balance, invite more attendees from developing than from developed countries, and seek out young people and indigenous people to share their stories on “the frontlines of climate change.”  The deadline for applying for the 38 “civil society” invitations was 15th August.   

The UN Climate Change Summit is “intended to mobilize international political will needed to achieve an ambitious climate change agreement” at the twenty-first Conference of the Parties (COP-21) to the UN Framework Convention on Climate Change, which is scheduled to meet in Paris in December 2015.  Secretary-General Ban has asked world leaders to come to the summit ready “to announce bold actions that they will take in their countries.”

In addition, “There will also be announcements from a number of coalition initiatives that have high potential to catalyze ambitious action on the ground. These coalitions, consisting of participants from Governments, the private sector and civil society, will address several high-impact areas, such as climate finance; energy efficiency; renewable energy; adaptation; disaster risk reduction and resilience; forests; agriculture; transportation; short-lived climate pollutants; and cities.”  The program can be seen here

The Climate Group, an NGO with offices in Beijing, London, New York City, and New Delhi, is sponsoring the sixth annual Climate Week in New York City to co-incide with the UN summit.  Approximately eighty events from 22nd to 28th September are on the Climate Week schedule. Sponsors include Swiss Re, Lockheed Martin, and HP. 

But that’s not all.  On Sunday, 21st September, over 750 organizations are sponsoring the People’s Climate March in Manhattan. It is being billed as, “The Largest Climate March in History.”  You can sign up here.

Science Update
Marlo Lewis

Do Climate Models and Long-Term Temperature Records Agree?

The unanticipated pause in global warming since 1998 has produced an accelerating divergence between IPCC climate model predictions and observed global temperatures. “Model failure” is now a recurring theme of skeptic blogs, and it’s not only skeptics who wonder how errant models can accurately assess climate risk or usefully inform climate policy.

Climate activists say the pause is temporary, warming will come roaring back, vindicating both models and their ‘worse than we thought’ narrative.

In more technical terms, the IPCC argues that although “internal decadal climate variability” may cause models to either underestimate or overestimate observed temperatures for periods “as short as 10 to 15 years,” models and observations “agree” over the 62-year period from 1951 to 2012 (AR5, Chapter 9, p. 769). The IPCC thus has “very high confidence” in the realism of the models.

To assess such claims, Cato Institute scientists Patrick Michaels and Paul C. (“Chip”) Knappenberger examine how well IPCC models would match observations over an 80-year period (1951-2030) in three scenarios of how global temperature might behave from now to 2030.

They find that even if warming resumes at the pre-pause (1977-1998) rate of 0.17°C/decade, by 2020 more than 95% of model simulations overshoot the 1951-2030 ‘observed’ trend, and by 2030 more than 97.5% of simulations overshoot it.

At my request, Mr. Knappenberger also compared models and observations in a more aggressive warming scenario in which warming resumes at 0.26°C/decade – the fastest rate during any recent 15-year period.

Result: By 2030, more than 95% of model simulations still overshoot the 1951-2030 ‘observed’ trend. For further discussion, see my blog post Can Natural Variability Save Climate Models?

The Cooler Heads Digest is the weekly e-mail publication of the Cooler Heads Coalition. For the latest news and commentary, check out the Coalition’s website,



With only 74 days until the mid-term election, the latest WMUR/UNH survey confirms that Barack Obama's historically low approval rating, along with the NHGOP's success in highlighting serious missteps and scandals by New Hampshire's Democrat office holders, has created a toxic political environment for Democrats seeking election in November.   This, and the strength of our GOP candidates, provides a clear path for acrossthe board Republican victories on Election Day.


Some interesting points from the survey - in which eight hundred and twenty-seven randomly selected New Hampshire adults were interviewed by land line and cellular telephone between August 7 and August 17, 2014 with a margin of error of +/- 3.4% - are found below.  


FACT:  Barack Obama's Abysmal 38% Approval Rating Creates Toxic Political Environment


President Obama's approval rating has now hit an all-time low of 38% in New Hampshire, and he fares even worse (37%) among likely voters.


To put this in historical context - 39% of Granite State voters approved of President George W. Bush's performance at this point in 2006 while 51% approved of President Obama in July of 2010.  Both elections saw widespread losses for the respective parties of each President in New Hampshire during the mid-term elections.


We expect that Senator Jeanne Shaheen, Governor Maggie Hassan, and Congresswomen Carol Shea-Porter and Annie Kuster will take every evasive maneuver imaginable - tactics they've perfected in avoiding New Hampshire voters daily - to separate themselves from and avoid the President between now and Election Day. However, given their reliable support for his failed liberal policies over the past six years, these efforts will prove futile in the fall.


  • Do you approve or disapprove of the way Barack Obama is handling his job as president?
    • August 2014
      • Approve: 38%
      • Disapprove: 55%
    • July 2010
      • Approve: 51%
      • Disapprove: 44%


FACT:  Jeanne Shaheen's Duck and Dodge Rose Garden Strategy is Not Working


In spite of Senator Shaheen's best efforts to avoid, ignore, and run from the constituents she was elected to represent, she finds herself in a dead heat with her nearest Republican opponent, leading by two points (within the margin of error) as compared to 12 in last month's poll. This comes on the heels of the NHGOP's successful efforts highlighting Senator Shaheen's failure to hold a town hall meeting for over 723 days and her support for Barack Obama's botched agenda 99% of the time.


John DiStaso of the New Hampshire Journal confirmed this when he wrote:


"The numbers suggest that ... the state GOP have [has] been effective in their recent attacks on Shaheen on immigration/border security and her failure to hold traditional town halls for more than 700 days. The numbers also show that Shaheen is being effectively linked by ... the GOP to President Barack Obama, whose approval rating in the state is at an all-time low."(DiStaso, John. "Latest poll shows Scott Brown has closed to a statistical tie with Jeanne Shaheen," NH Journal, 08/21/14)


The NHGOP will continue to expose Senator Shaheen's failure to listen to or engage her constituents while maintaining her lockstep loyalty to President Obama. Given Senator Shaheen's continued vocal support for a weak President and his disastrous agenda, this survey indicates that New Hampshire voters are ready for an alternative to the Obama/Shaheen status quo.


FACT:  Maggie Hassan's Favorables Hit All Time Low in Light of Scandal & Compare Poorly to John Lynch


In light of recent reports of Governor Hassan's illegal fundraising scandal, it comes as no surprise that her net favorable rating has dropped by nearly half and she currently finds herself in the danger zone for incumbent politicians. Only 44% of Granite State voters have a favorable impression of the Governor - an all-time low and a drop of 14% since just last month.  Politicians with favorable and approval ratings below 50% are at risk of losing re-election, with those registering below 45% in a very weak position going into the fall election season.


As a point of comparison, in July 2010 Governor John Lynch registered a 61% favorably rating (17% higher than Hassan's current numbers) and only secured 53% of the vote in his re-election campaign (at a time when President Obama's approval rating was 13% higher than today).


  • Favorable Ratings: Hassan v. Lynch
    • August 2014 - Hassan
      • Favorable: 44%
    • July 2010 - Lynch
      • Favorable 61%


Given that Hassan and her administration have done little to distinguish themselves, and continue to be embroiled in this ongoing scandal, these poll numbers will continue to decrease over the next 74 days.  The result?  Republicans will head into November well positioned to run a strong and competitive campaign to replace her.


It should also be noted that Republicans are favored by 5% on the generic ballot when voters are asked whom they intend to vote for in races for the State Senate and the State House of Representatives.  We are looking at securing substantial Republican majorities in both houses of the legislature.


FACT:  Liberal Congressional Democrats Shea-Porter and Kuster Likely Go Down With the Ship


If current polling trends continue, both Congresswoman Carol Shea Porter and Ann McLane Kuster will lose in November.


One of Congresswoman Shea-Porter's challengers has expanded his lead from last month's poll to 4%. Equally as troubling for Shea-Porter, her favorability rating has also dropped for the third consecutive WMUR Granite State Poll.


Congresswoman Kuster once again finds herself with an upside-down image rating, with more voters in the second congressional district having an unfavorable impression of her than favorable. Her sagging poll numbers have created a toss-up race against her closest Republican competitors. Against one challenger, Kuster's lead is within the poll's margin of error.


Both Shea-Porter and Kuster only register approximately 40% when matched up with their Republican opponents. Those lackluster numbers, when tied to a toxic political environment caused by Barack Obama's bottom of the barrel poll numbers and continued problems for the top of their ticket, will result in two new Republican members of Congress elected in November.


BOTTOM LINE:  The NHGOP will continue to work tirelessly to promote our Republican candidates, and hold Democrats accountable to the voters of New Hampshire.  This week's survey data tells us that our efforts to date are proving successful, with more work to be done.  We'll continue the fight in the weeks and months ahead.