Coyote Blog

One of my favorite correspondents, also the proprietor of the Finem Respice blog, sent me a note today about my article the other day about cheating on diesel emissions regulations.   The note covers a lot of ground but is well worth reading to understand the crony-regulatory state.  They begin by quoting me (yes, as I repeat so often, I understand that "they" is not grammatically correct here but we don't have a gender-neutral third person pronoun and so I use "they" and "their" as substitutes, until the SJW's start making me use ze or whatever.)

"My thinking was that the Cat, Cummins, and VW cheating incidents all demonstrated that automakers had hit a wall on diesel emissions compliance -- the regulations had gone beyond what automakers could comply with and still provide consumers with an acceptable level of performance."

Exactly. More importantly, the regulators KNEW it. I was researching energy shorts and had a ton of discussions with former regulatory types in the U.S. I was stunned to discover that there was widespread acknowledgement on the regulatory side that many regulations were impossible to comply with and so "compliance trump cards" were built into the system.

For instance, in Illinois you get favorable treatment as a potential government contractor if you "comply" with all sorts of insane progressive policy strictures. "Woman or minority owned business" or "small business owner", as an example. Even a small advantage in the contracting process for (for example) the State of Illinois puts you over the edge. Competitors without (for instance) the Woman or Minority Owned Business certification would have to underbid a certified applicant by 10-15% (it's all a complex points system) to just break even. It got so bad so quickly that the regs were revised to permit a de minimis ownership (1%). Of course, several regulatory lawyers quickly made a business out of offering minority or women equity "owners" who would take 1% for a fee (just absorb how backwards it is to be paying a fee to have a 1% equity partner) with very restrictive shareholder agreements. Then it became obvious that you'd get points for the "women" and "minority" categories BOTH if you had a black woman as a proxy 1% "owner." There was one woman who was a 1% owner of 320 firms.

Some of my favorites include environmental building requirements tied to government contract approval. The LEED certification is such a joke. There are a ton of "real" categories, like motion detecting lights, solar / thermal filtering windows, CO2 neutral engineering. But if you can't get enough of that, you can also squeeze in with points for "environmental education". For instance, a display in the lobby discussing the three solar panels on the roof, or with a pretty diagram of the building's heat pump system. You can end up getting a platinum LEED certification and still have the highest energy consumption density in the city of Chicago, as it turns out.

U.S. automakers have been just as bad. There's been a fuel computer "test mode" for emissions testing in every GM car since... whenever. Also, often the makers have gotten away with "fleet standards" where the MPG / emissions criteria are spread across the "fleet." Guess how powerful / "efficient" the cars that get sent to Hertz or Avis are.

Like so many other things in the crony capitalist / crudely protectionist United States, (e.g. banking prosecutions) foreign firms will get crucified for industry-wide practices.

Gee, I wonder if state-ownership of GM has been a factor in sudden acceleration / emissions prosecutions?

BTW, I wrote about the silliness of LEED certification here, among other places, after my local Bank of America branch got LEED certified, scoring many of their points by putting EV-only spaces (without a charger) in the fron of the building.  In a different post, I made this comparison:

I am not religious but am fascinated by the comparisons at times between religion and environmentalism.  Here is the LEED process applied to religion:

• 1 point:  Buy indulgence for $25
• 1 point:  Say 10 Our Fathers
• 1 point:  Light candle in church
• 3 points:  Behave well all the time, act charitably, never lie, etc.

It takes 3 points to get to heaven.  Which path do you chose?

Some random highlights:

• I watched a 20 minute presentation in which a woman from LA parks talked repeatedly about the urban heat island being a result of global warming
• I just saw that California State Parks, which is constantly short of money and has perhaps a billion dollars in unfunded maintenance needs, just spent millions of dollars to remove a road from a beachfront park based solely (they claimed) based on projections that 55 inches of sea level rise would cause the road to be a problem.  Sea level has been rising 3-4mm a year for over 150 years and even the IPCC, based on old much higher temperature increase forecasts, predicted about a foot of rise.
• One presenter said that a 3-5C temperature rise over the next century represent the low end of reasonable forecasts.  Most studies of later are showing a climate sensitivity of 1.5-2.0 C (I still predict 1C) with warming over the rest of the century of about 1C, or about what we saw last century
• I watched them brag for half an hour about spending tons of extra money on make LEED certified buildings.  As written here any number of times, most LEED savings come through BS gaming of the rules, like putting in dedicated electric vehicle parking sites (that do not even need a charger to get credit).  In a brief moment of honesty, the architect presenting admitted that most of the LEED score for one building came from using used rather than new furniture in the building.
• They said that LEED buildings were not any more efficient than most other commercial buildings getting built, just a matter of whether you wanted to pay for LEED certification -- it was stated that the certification was mostly for the plaque.  Which I suppose is fine for private businesses looking for PR, but why are cash-strapped public agencies doing it?

The new Bank of America building near me has all kinds of plaques inside about how it is LEED certified.  How?  Well, I don't know the whole plan, but out front there are four reserved parking spaces for electric vehicles.  There are not any charging stations mind you -- those might cost money -- just parking spots for electric vehicles, right next to the handicapped spots.  LEED is a points based system and you can score a lot of points doing mindless, useless, zero-value stuff like this.

So I am not at all surprised to read this:

Washington, D.C. may have the highest number of certified green buildings in the country, but research by  Environmental Policy Alliance suggests it might not be doing much good.

The free-market group analyzed the first round of energy usage data released by city officials Friday and found that large, privately-owned buildings that received the green energy certification Leadership in Energy Design (LEED) actually use more energy than buildings that didn’t receive this green stamp of approval.

LEED is the brainchild of the U.S. Green Building Council (USGBC), a private environmental group.

Washington, D.C.’s Department of Environment made the capital the first city in the nation to mandate LEED certifications in the construction of public buildings. The standards are now being phased in.

The results are measured in EUI’s, a unit that relates a building’s energy consumption to its size; the higher the number, the more energy is expended by a smaller building.

Take the Green Building Council’s Washington headquarters. Replete with the group’s top green-energy accolade, the platinum LEED certification, the USGBC’s main base comes in at 236 EUI. The average EUI for uncertified buildings in the capital? Just 199.

Certified buildings’ average comes in at 205 EUI, still less efficient than that didn’t take home the ultimate green trophy.

“LEED certification is little more than a fancy plaque displayed by these ‘green’ buildings,” charged Anastasia Swearingen, LEED Exposed’s lead researcher on the project. “Previous analyses of energy use by LEED-certified buildings have consistently shown that LEED ratings have no bearing on actual energy efficiency.”

Hilariously, the problem cited with the certification program by government regulators is not that it is ineffective - after all, they can't admit that after requiring LEED certification in DC buildings.  Their only problem is that it is a private program outside of government control.  I am sure the folks who gave hundreds of millions to Solyndra would do much better managing the program.

The problem with LEED is the same problem that many ISO 9000 programs had -- it puts too much emphasis on process an inputs, and not enough on results.

Postscript:  One wonders why if there is a perfectly good "output" metric like EUI why people even bother with input-based systems like LEED.  If the government really wants to regulate here, the lightest touch would be to require architects and builders to estimate EUI of buildings for clients.  Then the owners themselves can decide if they are comfortable with their potential energy bills or want so more design work.

After my post the other day on how new award-winning supposedly environmentally sustainable parks are far more resource intensive than the old parks they were replacing, I have gotten a lot of feedback -- this is obviously a topic that strikes a chord with folks.  In particular, a reader (I always forget to ask if I can use their names) sent me this article on the new LEED Platinum-certified building in New York

When the Bank of America Tower opened in 2010, the press praised it as one of the world’s “most environmentally responsible high-rise office building[s].” It wasn’t just the waterless urinals, daylight dimming controls, and rainwater harvesting. And it wasn’t only the Leadership in Energy and Environmental Design (LEED) Platinum certification—the first ever for a skyscraper—and the $947,583 in incentives from the New York State Energy Research and Development Authority. It also had as a tenant the environmental movement’s biggest celebrity. The Bank of America Tower had Al Gore.

The former vice president wanted an office for his company, Generation Investment Management, that “represents the kind of innovation the firm is trying to advance,” his real-estate agent said at the time. The Bank of America Tower, a billion-dollar, 55-story crystal skyscraper on the northwest corner of Manhattan’s Bryant Park, seemed to fit the bill. It would be “the most sustainable in the country,” according to its developer Douglas Durst. At the Tower’s ribbon-cutting ceremony, Gore powwowed with Mayor Michael Bloomberg and praised the building as a model for fighting climate change. “I applaud the leadership of the mayor and all of those who helped make this possible,” he said.

Gore’s applause, however, was premature. According to data released by New York City last fall, the Bank of America Tower produces more greenhouse gases and uses more energy per square foot than any comparably sized office building in Manhattan. It uses more than twice as much energy per square foot as the 80-year-old Empire State Building. It also performs worse than the Goldman Sachs headquarters, maybe the most similar building in New York—and one with a lower LEED rating. It’s not just an embarrassment; it symbolizes a flaw at the heart of the effort to combat climate change...

“What LEED designers deliver is what most LEED building owners want—namely, green publicity, not energy savings,” John Scofield, a professor of physics at Oberlin, testified before the House last year.

I will go out and get a picture today of our local Bank of America branch.  It is LEED certified at some level, proudly displaying the certificate in the lobby.  Out front it has two parking spaces near the door for electric cars - it does not have a charger for them, just reserved preferred parking.  I am sure they got their LEED points this way.

Postscript:  I am not religious but am fascinated by the comparisons at times between religion and environmentalism.  Here is the LEED process applied to religion:

• 1 point:  Buy indulgence for $25
• 1 point:  Say 10 Our Fathers
• 1 point:  Light candle in church
• 3 points:  Behave well all the time, act charitably, never lie, etc.

It takes 3 points to get to heaven.  Which path do you chose?