[youtube:http://www.youtube.com/watch?v=zS7phV9-0WA 285 234]
January 2012
It seems that the food police at the unconscionably named Center for Science in the Public Interest are at it again. These are the same people who’ve attacked movie theater popcorn and who called fettuccini alfredo “heart attack on a plate.” Their new pet peeve is salt — or to be more specific, sodium. Last week, CSPI filed a class action lawsuit against the restaurant chain Denny’s, claiming that, because most Denny’s menu items contain a “high” level of sodium, the chain is engaging in consumer fraud and breaching the implied warranty of merchantability. The complaint itself, filed July 23 in Superior Court in Middlesex County, New Jersey, can be viewed here.
A full analysis of the case’s legal merits will have to wait for another day. But, suffice it to say that, by alleging on page 3 of the complaint that “Sodium is the deadliest ingredient in the food supply,” these folks aren’t beyond gross exaggeration. The gist of the argument seems to be that (1) increasing sodium intake is known to increase blood pressure; and (2) very high blood pressure is known to increase the risk of heart attack and stroke; so (3) Denny’s failure to notify customers of the total amount of sodium in its menu items is putting them at risk.
There’s a bit of sleight of hand here, of course. Although allegations 1 and 2 are true, there is no clear relationship between the slightly higher blood pressure that results from exceding the recommended daily amount of sodium intake and the very high blood pressure levels that raise the risk of heart attack or stroke. That’s why scientists have never been able to conclude that high sodium intake itself is associated with an increased risk of heart attack and stroke. It’s like arguing that mouthwash manufacturers are responsible for thousands of automobile accidents every year because we all know that mouthwash contains alcohol and that drunk driving causes auto accidents.
Unfortunately, lawsuits like these are bad news for companies like Denny’s. Most people won’t bother to see what the facts are, they’ll just hear that Denny’s is being sued for harming customers and it’ll tarnish the chain’s reputation. It’s one reason why so many unmeritorious lawsuits get settled — it’s much easier to pay the plaintiffs, change your behavior in small ways, and be done with it. Still, I hope Denny’s decides to fight this one in court. It’s about time someone started standing up to these bullies. And, if Denny’s does go to court, I for one will make an effort to eat at a Denny’s restaurant more often.
Zachary Goldfarb, a Washington Post staff writer, discusses (p. A10, “SEC Moves to Limit Short Sales of Stocks”) this SEC proposal – sympathetically. The article is naïve – buying the complaint of “High-profile Wall Street executives” that short sellers “played an outsized role in crashing the stock values of several major financial services companies.” Now, it is certainly true that when an asset value is falling, some will anticipate further declines and sell short – just as many will anticipate that an asset whose values are rising will rise further and buy long.
But in politics, as elsewhere, while success has a thousand fathers, losses are orphans. Thus, many clamor for curbs on short selling, but there are few calling for curbs on those betting on things still going up. That is we critique irrational exurberance but we penalize only rational prudence. The story betrays this bias wonderfully in a telling quote: “The SEC [proposed rules are]… making it more difficult for speculators to pounce on a stock when it is already declining sharply.” (italitics mine).
Imagine SEC rules designed to make it more difficult for speculators to pounce on a stock when it is already increasing sharply!
When markets boom, politicans take credit. When markets tank, politicians blame the speculators. Unfortunately, this bias means that Congress may further cripple the market’s ability to stabilize, to ensure that all information positive as well as negative reaches the market price. Suppressing information is a bad deal – in civil societies and in the market.
Last Friday, I launched a blog series on CEI’s film, Policy Peril: Why Global Warming Policies Are More Dangerous Than Global Warming Itself. The film is our antidote to Al Gore’s Scare-U-Mentary, An Inconvenient Truth. The blog series highlights 10 short segments of the film, one each day this week and next.
Yesterday’s blog was on the hype about heat waves–the claim that people will drop like flies from heat stress in U.S. cities unless urgent action is taken to cut carbon dioxide (CO2) emissions.
Today’s segment rebuts a related scare–the claim that global warming will sicken and kill thousands of us by increasing air pollution. Click here if you want to watch Policy Peril in its entirety. Click here to watch the segment on air pollution.
Here’s the text:
Narrator: But maybe the heat will get us by creating more air pollution. That’s what the Natural Resources Defense Council, or NRDC, said in a report titled Heat Advisory. It sounds plausible because smog forms when emissions of nitrogen oxides and volatile organic compounds bake in the heat of the Sun. However, the NRDC report is fundamentally flawed.
Joel Schwartz (American Enterprise Institute): NRDC uses emissions from 1996 to “predict” ozone levels, smog levels, in the 2050s. So we’re already below the emissions of 1996, and emissions continue to drop because of fleet turnover to cleaner vehicles, because power plants are getting cleaner. And most of those emissions are going to be gone even in about 20 years. And in the 2050s there’s going to be hardly any pollution in the air. But NRDC assumes we’re going to have 1996 emissions levels in 2050.
Narrator: Like heat-related mortality, air pollution levels have fallen as cities have warmed. U.S. air quality should keep improving regardless of climate change.
Commentary
NRDC’s Heat Advisory report (September 2007) claims that, under a likely global warming scenario, the number of “bad air” days” (days when ozone levels exceed the 8-hour health-based air quality standard set by the U.S. Environmental Protection Agency) would increase by as much as 155% in some of the 10 cities studied. NRDC further states that, “by mid-century, people living in 50 cities in the eastern United States would see a 68 percent (5.5 day) increase in the average number of days exceeding the health-based 8-hour ozone standard established by EPA.” This means the number of unhealthy (“Red Alert”) days would “double.”
Joel Schwartz masterfully debunked Heat Advisory in two columns published in National Review. In the first column (September 14, 2007), Joel showed that NRDC used 1996 emissions to “predict” ozone levels in the 2050s and 2080s, even though “actual emissions of ozone-forming pollutants are already more than 25% lower than they were in 1996 and will drop another 70%-80% in just the next 20 years, based on already-adopted and implemented federal requirements.”
Could this be an innocent mistake? Does NRDC not know that laws and regulations already on the books have cut emissions since 1996 and will keep on doing so for decades to come? No way.
As Joel documents, in press release after press release, NRDC enthusiastically applauds various new EPA rules that will dramatically reduce smog-forming emissions from automobiles, diesel trucks, off-road diesel engines, diesel fuel, and power plants.
“Most egregious of all,” Joel comments, “the NRDC report was authored by prominent university and government climate and public health scientists.” These seemingly non-political researchers (Joel names names) lent “the color of their scientific credentials and government and university affiliations” to NRDC’s effort to mislead the public.
Joel also cites a more realistic appraisal of global warming’s impact on air quality–an article in the Journal of Geophysical Research by researchers from NESCAUM (Northeast States for Coordinated Air Use Management) and Georgia Tech. These analysts project that, from the year 2000 to 2050, “The combined effect of climate change and emissions reductions lead to a 20% decrease (regionally varying from -11% to -28%) in the mean summer maximum daily 8-hour ozone levels over the United States.” They also project a 23% decrease in mean annual fine particulate (PM2.5) concentrations. Joel comments that these estimates are conservative, because “pollutant emissions and ambient levels are dropping much faster than they assume in their study (a fact which I show here).
The decline in polluting emissions, despite increases in urban summer air temperatures, is quite dramatic, as Joel illustrates in the figures below.

Figure description: Trends in Estimated U.S. Air Pollutant Emissions, 1970-2006. Data Source: U.S. EPA, Air Quality and Emissions – Progress Continues in 2006.

The same story of dramatic progress in reducing emissions “continues in 2008,” as EPA tells us on its Web site.
Percent Change in Emissions
1980 vs 2008 1990 vs 2008
Carbon Monoxide -56 -46
Lead -97 -60
Nitrogen Oxides -40 -35
Volatile Organic Compounds -47 -31
PM 10 -68 -38
PM 2.5 NA -57
Sulfur Dioxide -56 -50
Source: EPA, Emission Trends, http://www.epa.gov/airtrends/aqtrends.html#comparison
Dan Lashof, director of NRDC’s Climate Center, tried to rebut Joel’s critique. He did not challenge Joel’s central points–emissions are already well below 1996 levels, current policies ensure emissions will continue to drop, and, therefore, air quality predictions assuming that 1996 emissions will persist into the 2050s and beyond are completely unrealistic. Instead, Lashof argued that Heat Advisory presents “projections,” not “predictions,” and that the researchers had to use emissions data from an actual year, such as 1996, because “there are no reliable estimates of [ozone] precursor emissions extending to the mid-21st Century.” Moreover, holding emission levels constant is the only way to isolate the effect of global warming on ozone concentrations.
In the second of his National Review columns (September 26, 2007), Joel rips these lame excuses to shreds. He cites several statements in Heat Advisory and the accompanying press release in which NRDC clearly presents its findings as predictions of what will happen in a warming world.
Joel also pokes fun at Lashof’s excuse that NRDC had to use 1996 emissions because who the heck knows what emissions will be 50 years from now. This is emphatically not what NRDC says about the CO2 emissions that allegedly control our climate destiny. Can you even imagine NRDC saying that climate models must use 1996 CO2 emissions to estimate CO2 concentrations in 2050 or 2080 because mid-century estimates of CO2 emissions are uncertain? Joel comments:
Climate activists have no problem trying to force the people of the world to spend trillions of dollars for CO2 reductions based on the presumption that climate models are accurate. But when it comes to ozone, NRDC pleads uncertainty and then chooses increases in future ozone-forming emissions that are grossly at odds with any plausible future scenario. If anything, the statement that “there are no reliable estimates … extending to the mid-21st Century” is far more applicable to greenhouse gas emissions and climate models’ predictive skill than it is for smog-forming emissions.
What about the claim that researchers must hold smog-precursor emissions constant to isolate the global warming impact on future ozone concentrations? EPA offers the same rationale on p. 78 of the Technical Support Document (TSD) for its proposed finding that greenhouse gas emissions endanger public health and welfare (EPA’s official response to the Supreme Court’s decision in Massachusetts v. EPA, 2007). However, the only accurate way to isolate the “global warming effect” on ozone concentrations would be to compare ozone levels in warming and non-warming scenarios based on plausible projections of precursor emissions in the 2020s, 2050s, and 2080s.
Again, EPA would not pay any attention to climate change scenarios that assume 1996 or even 2009 CO2 emissions in 2020, 2050, 0r 2080. So why put any credence in “studies” that assume 1996 ozone precursor emissions in perpetuity even though today’s emissions are already significantly below 1996 emissions? By the 2050s and 2080s, the “global warming effect,” if any, on ozone formation, will likely be negligible. The real point of holding emissions constant is not to isolate a warming effect, but to scare the public.
Those interested in additional information should find the following items useful. The U.S. Chamber of Commerce provides an excellent literature summary on global warming and air pollution in its detailed review of EPA’s endangerment proposal and TSD. Joel Schwartz’s book, No Way Back, explains why air pollution will continue to decline in the decades ahead. Finally, Joel presents his critique of the warming-will-destroy-air-quality scare in this video from the Heartland Institute’s first annual International Conference on Climate Change.
The Consumer Product Safety Commission ($63.25 million 2008 budget, 401 employees), after much deliberation, has banned crystal rhinestones from children’s products. There is no evidence of harm.
The precautionary principle strikes again.
The same groups that have been insisting for years that there is something fundamentally wrong with the United States’ international broadband ranking are also the most strident advocates for the necessity of broadband’s total market saturation, even to the point of calling on benevolent old Uncle Sam to subsidize broadband deployment nationwide.
Consumer advocacy groups and even some telecom companies are lining up at the FCC’s door with petitions in hand and supplicant requests on their lips, claiming that access to broadband is a basic public necessity and should be meticulously regulated as such, right here and right now.
These groups would liken anything less than a National Rollout Plan to living in some myopic Digital Stone Age in which subhumans scratch tribal patterns on silicon with primitive tools and the harsh tonal anecdotes of 56K modems whisper sweet nothings to bended ears throughout the land; a place where bandwidth is hoarded by rich and powerful chieftains who deign the Luddite, unwashed masses unworthy of worshipping at the sacred altar of port 80.
Actual statistics, and our own experiences, tell a different story.
Keep in mind that increased market penetration won’t necessarily make broadband more affordable. In fact, companies looking to recoup diminishing marginal returns that arise from providing access to areas that would otherwise be off the grid could justify raising rates across the board. In other words, if the feds help or force ISPs to lay fiber to Farmer Wallis’ homestead in rural America but Wallis declines service because he has no need for high-def streaming video, hardcore online gaming, or P2P networks and doesn’t want to pay for a fat pipe, we all could end up paying the difference in our monthly rates.
We should consider the future nature of broadband as well. Emerging technologies such as LTE and satellite service will undoubtedly make mind-numbingly fast and reliable wireless broadband a reality in the next decade, and then we’ll look rather silly with all our subsidized fiber and cable, won’t we?
[youtube:http://www.youtube.com/watch?v=48isQh-5CLE 285 234]
Obama’s health-care plan is drawing criticism from one of his own advisers, Harvard University’s Martin Feldstein. In today’s Washington Post, Feldstein warns that “For the 85 percent of Americans who already have health insurance, the Obama health plan is bad news. It means higher taxes, less health care and no protection if they lose their current insurance because of unemployment or early retirement.” Obama’s plan would “cost more than $1 trillion,” and raise the top federal “income-tax rate from 35 percent today to more than 45 percent,” he notes.
As CNN earlier noted, Obama’s plan would take away “5 freedoms,” including the freedom to choose your doctors, the freedom to choose what’s in your plan, the freedom to keep your existing plan, the freedom to be rewarded for healthy living, and the freedom to choose high-deductible coverage.
Earlier, we described how Obama’s health-care plan would destroy many affordable health-care plans, raise taxes on the middle class, and break Obama’s campaign promises, as well as his recent pledge that “if you like your health care plan, you can keep it.”
House Speaker Nancy Pelosi wants to rush the health-care bill through Congress before most people can even figure out what’s in the bill. That’s how she pushed through Congress the $800 billion stimulus package, which contained hidden provisions that ended welfare reform, and which is now projected to cut the size of the economy “in the long run.” (The stimulus package was supposed to deliver a short-run “jolt” that would quickly lift the economy, but unemployment rose rapidly after its passage, and the package has actually destroyed thousands of jobs in America’s export sector, as well as subsidizing welfare and waste.)
Obama’s planned tax-increases on some health-insurance plans, and abandonment of his campaign pledges about health-care, are part of a long line of broken promises by Obama, such as his pledge to enact a “net spending cut,” which he broke in a big way with proposed budgets that will explode the national debt through $9.3 trillion in massively increased deficit spending.
Obamacare would also apparently restrict resources for end-of-life care for the elderly, and mandate wasteful end-of-life counseling for the elderly (such as lecturing them about the right to hasten their own death by refusing nutrition).
Earlier, the non-partisan Congressional Budget Office gave an honest but “devastating assessment” of the incredibly high cost of the health-care plans backed by Obama, which would cost well over a trillion dollars, to cover just a fraction of the uninsured.
Obama is angry about that truthful conclusion, as well as the CBO’s finding that his wasteful stimulus package will actually reduce the size of the economy “in the long run.” (Obama had claimed that only his stimulus package could save America from “disaster” and “irreversible decline“).
So Obama recently invited CBO Director Douglas Elmendorf, a Democratic appointee, to the White House to pressure him to reduce his cost estimates.
It is doubtful that Obamacare would live up to any of Obama’s claims. His other legislation hasn’t. His stimulus package has been a fiasco, as much of the public now realizes: just 25% say it has helped the economy.
As announced last Friday, each day this week and next I’ll post an excerpt of CEI’s film Policy Peril: Why Global Warming Policies Are More Dangerous Than Global Warming Itself. The film is our antidote to Al Gore’s An Inconvenient Truth . If you want to watch Policy Peril in its entirety, click here.
Today’s segment is on heat waves. Gore and others claim that global warming will make heat waves more frequent and severe, leading to a massive increase in heat-related mortality. Click here to watch the Policy Peril segment on heat waves.
Here’s the text:
Narrator: We often hear that global warming will increase the frequency and severity of heat waves. People will drop like flies! Sounds plausible, doesn’t it? But wait a minute. Summer air temperatures in U.S. Cities have been rising over the past three decades, in part because cities generate heat islands, which expand as cities grow. Yet heat-related mortality has gone down.
Dr. Patrick Michaels (Cato Institute): Bob Davis and I did some work at UVA [University of Virginia] on heat-related mortality, and published it in the refereed literature, showing that the more frequent heat waves are, the fewer people die. That’s because they adapt. And in the average American city–the average of all American cities–heat-related mortality is going down, significantly, not up. In fact, in the cities in the southern United States–Phoenix, which has a very old population, Tampa–there’s hardly any heat-related mortality at all.
Narrator: As long as politicians don’t make electricity so costly that low-income households can’t afford to run their air conditioners, heat-related death rates should continue to decline, even in a warming world.
Commentary
In An Inconvenient Truth (p. 75 of the book version), Gore states, “We have already begun to see the kinds of heat waves that scientists say will become more common if global warming is not addressed. In the summer of 2003 Europe was hit by a massive heat wave that killed 35,000 people.”
Gore implies that global warming killed 35,000 people. Yet heat waves have occurred in Europe (and elsewhere) from time immemorial. How does Gore know that global warming caused the 2003 heat wave? Or, if global warming was a contributing factor, how does Gore know how much extra oomph the 2003 heat wave got from global climate change?
In fact, it is impossible to link any single heat wave or other extreme weather event to global climate change.
However, if global warming were responsible for the 2003 Europe heat wave, we would at least expect that, globally, the summer of 2003 would have been a hot one. In fact, the 2003 summer was about average or slightly cooler than average compared to the previous 23 summers.
During June, July and August of 2003, more than half the planet was cooler than the mean temperature of the period from 1979 through 2003. Europe–a tiny fraction of the Earth’s surface–was the only place experiencing unusual heat. See the Figure below.

Figure description: 1000-500 mb thickness temperature anomalies for June, July, and August 2003. Colors (violet to red) indicate standard deviations below, at, and above the mean summer temperature for 1979-2003. Sources: Chase et al., 2006, World Climate Report.
There is a simpler, natural explantion for Europe’s hot summer: An atmospheric circulation anomaly trapped a bubble of hot dry air over Europe for several weeks. Here is what the United Nations Environment Program–hardly a bunch of global warming skeptics–had to say:
This extreme weather was caused by an anti-cyclone [high pressure system] firmly anchored over the Western European land mass holding back the rain-bearing depressions that usually enter the continent from the Atlantic Ocean. This situation was exceptional in the extended length of time (over 20 days) during which it conveyed very hot dry air from south of the Mediterranean.
Chase et al. (2006), a team of scientists from Colorado and France, found nothing “unusual” about the 2003 Europe heat wave that would indicate a change in global climate conditions. Among their conclusions:
- Extreme warm anomalies equally, or more unusual, than the 2003 heat wave occur regularly.
- Extreme cold anomalies in the summer months also occur regularly and occasionally exceed the magnitude of the 2003 warm anomaly in standard deviations from the mean.
- Natural variability in the form of El Nino and volcanic eruptions appear to be of much greater importance in causing extreme regional temperature anomalies than a simple upward trend in time.
- Regression analyses do not provide strong support for the idea that regional heat waves are increasing with time.
The death toll in the Europe 2003 summer heat wave was shockingly high–but part of the blame falls on Europe’s historic distaste for air conditioning and the fact that many able-bodied Europeans go on vacation in August, leaving the elderly and infirm to fend for themselves.
Dr. Patrick Michaels, the expert I interviewed for the Policy Peril segment on heat waves, points out that a heat wave of similar magnitude hit France (the epicenter of the 2003 heat wave) in 2006, yet the death toll was about 2,000 people–almost 4,400 less than the standard weather-mortality model would predict. The reason, Michaels argues, is that the 2003 heat wave taught the French a big fat lesson about air conditioning and spurred public and private action to make people safer:
In response to the tragegy of 2003, the French government implemented the National Heat Wave Plan that included a “set-up of a system of real-time surveillance of health data, compilation of scientific recommendations on the prevention and treatment of heat-related diseases, air conditioning equipment for hospital and retirement homes, drawing up of emergency plans for retirement homes, city-scale censuses of the isolated and vulnerable, visits to those people during the alert periods, and set up of a warming system.” In other words, France adapted to the heat wave by providing information to the population at-large and air conditioning to the most vulnerable. No doubt people were also personally more aware of the dangers of summer heat in 2006 than they were three years earlier.
In the United States, heat-related mortality has been going down, decade by decade, even as urban summer air temperatures have increased.

Figure explanation: Population-adjusted heat-related mortality for 28 maor cities across the United States. Each bar of the histogram for each city represents a different 10-year period. The left bar represents heat-related mortality in the 1960s/70s, the middle bar represents the 1980s, and the right bar is the 1990s. No bar at all (in cities like Phoenix and Tampa) means no statistically significant heat-related mortality during the decade. Source: Davis et al. (2003), Changing heat-related mortality in the United States.
There is no reason not to expect these trends to continue. Think about it this way. Adaptation is what human beings by nature do. There are very few Eden-like spots on Earth where people can survive and thrive without housing, clothing, and agriculture–all forms of adaptation. In free societies especially, people constantly adapt (innovate, experiment, modify private behavior and public policy) to improve their health, safety, and comfort.
If global warming makes more U.S. cities more like Phoenix or Tampa, we can reasonably anticipate that more cities will have heat-mortality rates like Phoenix and Tampa–practically zero!
For a useful overview of the scientific literature, see the U.S. Chamber of Commerce’s comment on EPA’s proposed endangerment finding. The Chamber draws the common-sense conclusion: “Overall, there is strong evidence that populations can acclimatize to warmer climates via a range of behavioral, physiological, and technological adaptations” (p. 4).
Air conditioning is one of the great health-enhancing, life-saving technologies of the modern world. Air conditioners run on electricity. What we really have to worry about, especially in a warming world, is that politicians will adopt energy policies–actually, anti-energy policies–that force low-income households to turn off their air conditioners in hot weather.
The cap-and-trade bill Congress is now debating, the Waxman-Markey bill, named for its co-sponsors Rep. Henry Waxman (D-CA) and Ed Markey (D-MA), would function as a massive energy tax, driving up the cost of gasoline, heating oil, and electricity. A study by the Heritage Foundation finds that Waxman-Markey would increase annual household electricity costs by $468. At the same time, many household incomes would decline as GDP drops by up to $300 billion per year. Similarly, Charles River Associates, in a study for the U.S. Black Chamber of Commerce, estimates that Waxman-Markey would increase electricity prices while decreasing average household purchasing power by $730 in 2015, $800 in 2020, and $830 in 2030. This is a recipe for sickness and death.
It’s just one reason our film is subtitled, “Why Global Warming Policies Are More Dangerous Than Global Warming Itself.”