Jason S. Johnston, Professor, University of Virginia School of Law

by Steve Haner

Efforts to rapidly expand our reliance on wind and solar generation for electricity, while at the same time closing baseload natural gas generation with similar haste, makes no sense economically. “The only explanation for that policy is you want to shut down the economy.”

Another voice of reason has emerged to challenge the climate alarmist orthodoxy, a Virginia voice,  Professor Jason S. Johnston at the University of Virginia School of Law. He brings to the discussion the experience and analysis of a regulatory law expert and economist, distilled into a somewhat daunting 656-page book published by Cambridge University Press in August.

“Climate Rationality: From Bias to Balance” (available through Amazon here) focuses at length on the legal precautionary principle behind most climate regulatory schemes, with little or no consideration taken of either the economic costs or unintended environmental consequences. He writes in an excerpt from his introduction:

The precautionary principle says little if anything about how such costs should be weighed in designing policy. But, given the highly uncertain and unpredictable future impacts of rising atmospheric GHG concentrations and the unprecedented cost of reducing GHG emissions, any rational regulatory response to curbing human GHG emissions must surely closely scrutinize the case for decarbonization. The purpose of this book is to provide precisely such an examination…

Precautionary US climate policy has already cost lives, damaged the environment, and increased costs for the basic life necessities, such as electricity, in ways that are felt most acutely by the poorest American households.

Johnston also dissects the work of the Intergovernmental Panel on Climate Change (IPCC) and the media and scientific utterances of the National Aeronautics and Space Administration (NASA), which in an interview Tuesday he dismissed as often just propaganda.  IPCC does not always honestly convey the peer-reviewed science it cites, he said, because the actual studies often draw different or more nuanced conclusions.

Others have made that point, including Steve Koonin in his recent “Unsettled.”  Apparently, Johnston makes this case in more depth than previous writers, drawing this praise from another University of Virginia veteran:

“Jason S. Johnston’s Climate Rationality is the definitive indictment and takedown of subjective climate ‘authorities’ like the IPCC and the various US ‘Assessments’ of climate change. Johnston’s work is so comprehensive that he may well be the historic figure who singlehandedly kills the climate bogeyman.” Patrick J. Michaels, Past-President, American Association of State Climatologists

Does that mean Johnston disagrees there is a 97% consensus on all the “settled” climate science? “I have a chapter on that. It’s 43 percent, maybe.  Depends on what question you ask.”

The big problem is the blind acceptance of IPCC and other authorities by the American judiciary when dealing with legal challenges to the regulatory efforts, such as the effort to reverse the official finding during President Barack Obama’s term that carbon dioxide is a dangerous pollutant. The so-called “Endangerment Finding” was and remains the legal kingpin to all that has followed.

Again, from his introduction:

… this point cannot be overemphasized: Federal courts have failed completely to engage in any actual serious review of whether the supposed scientific basis for a climate change regulation is as strong, and typically one-sided, as the EPA (or other agencies) say it is.

Johnston has been at UVA for ten years, after a similar post at the University of Pennsylvania. In Charlottesville he both holds an endowed chair and heads the school’s John M. Olin Program in Law and Economics. He earned his doctoral degrees in a joint law and economics program at the University of Michigan. The book was not started years back to create a textbook for a course, but to push back on the efforts he saw by the climate crisis establishment to suppress and even silence questions or debate.

At the end, like many others, he comes down as an advocate for nuclear power as the baseload electricity source of choice. One way to make it more economically viable is to end all the artificial supports and subsidies for wind and solar. If you need a dispatchable source easier to match with fluctuating wind and solar outputs, then the newer natural gas units are better choice.

His views are probably not popular with many of his peers or students, but he said the law school continues to value and defend intellectual diversity. There may be “a small number of us,” but free market and conservative opinions exist and get expressed in peace. Would it be the same if he taught in the economics department in the main university program?

Perhaps not. As to tolerance and encouragement of intellectual diversity, he said, “the university as a whole is moving towards being one of the worst places.” The law school remains a place apart.

In looking around for more information on Johnston or the book, a little Wikipedia label popped up and provided an excellent example of what exactly he seeks to fight:

Climate change includes both human-induced global warming and its large-scale impacts on weather patterns. There have been previous periods of climate change, but the current changes are more rapid than any known events in Earth’s history. (Emphasis added.)

 

The assertion in the final part of the final sentence is contradicted by a pile of evidence, with the climate history record a major topic of study.  There have been previous periods of warming or cooling at similar and perhaps even greater rates of change. But erasing any geological record that indicates this is all just routine variation is just as important to the climate crisis myth as erasing the present-day humans who dispute the orthodoxy.


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34 responses to “Climate Rationality Preached in a UVA Pulpit”

  1. LarrytheG Avatar

    So… a lawyer seemingly also affiliated with CATO, Mercatus and the Heartland Institute arguing that the Science is wrong and environmental regulation in bad…. renewables are subsidized and Nukes are not!

    GADZOOKS!

    1. “The” science.

      A careful examination of the evidence indicates that what’s represented as “the” “science” by the media is pretty shoddy stuff.

      1. LarrytheG Avatar

        I agree but there are real scientists who do it and peer review it then we have “smart people” without a single credential in science tell the scientists that have collected the data that they have misinterpreted their own data.

        go figure.

        1. I agree–but, sadly, there’s usually a layer of “science communication” and often MSM between the scientists and us.
          Also sadly, we know that the progressive left has corrupted science (and “science communication”) wherever it touches on cultural and political controversy dear to them.
          Also we know their M.O.: create/exaggerate crises, then say, B-movie-wise: “do what we say–no time to explain!”
          Climate apocalypticism fits the progressive M.O….and wherever I’ve been able to track things down in such a way as to be intelligible (to me), they look like standard-issue progressive-left hysteria-mongering.

          1. Stephen Haner Avatar
            Stephen Haner

            That’s Larry to a T. Standard issue hysteria indeed.

            Johnston is a regulatory lawyer and economist and does not claim to be a scientist. He looks at the regulatory process and notes that what the IPCC claims, what NASA claims, does not even match the published data in their own footnotes. That is a question of evidence and that is in the bailiwick for a lawyer. This line of attack is standard for Larry. We’ve all had a graduate level lesson in the weaknesses of “trusting the science” in the past 18 months.

          2. LarrytheG Avatar

            He makes that claim but does he really understand the science and the difference between NASA and IPCC perspectives?

            Does NASA disagree with IPCC or is he claiming they do?

            I do not trust blindly in science , never have, never will but I do trust “science” in terms of people who are academically credentialed in the field, engage in peer review of similarly credentialed folks and they create and share a body of knowledge where there is consensus – and disagreement and as time goes by disagreements are resolved and more consensus achieved.

            When science tells us we have ozone holes – I believe them. When they tell us what we need to do to shrink them, I do believe them.

            When science tells me I will likely get cancer from smoking , I do believe them.

            When they tell me a vaccine can save my life, I DO believe them.

            When someone who is not credentialed in a scientific field starts telling us that they are wrong – and that person has no academic background in that field much less career experience – they are full of you know what as well as those who say they trust them over people who do have the background and knowledge in that field AND disagree with a majority of them – around the world. That’s not rational.

            This is like a Climate Scientist telling a lawyer how to do that work or a doctor how to treat cancer, etc. That’s how dumb this is.

            You don’t go to a Climate Scientist to do your real estate transaction of last will and testament – for a damn good reason – they are NOT qualified to do that work!

            Why some of us think the reverse is true is beyond rational thinking.

        2. tmtfairfax Avatar
          tmtfairfax

          And Greta too. She’s been singing and dancing about climate change. Should we discount everyone who is affiliated the cause of a teenaged dropout?

          It wasn’t eons ago when climate scientists were predicting a new ice age. And didn’t the scientists say that a single J&J vaccine dose would be the same as two doses of Moderna or Pfizer?

          Climate science is about money (read other people’s money) and power as much as science. If Ike were alive today, he’d not only warn us about the military-industrial complex, but also about the government-climate science complex.

          1. LarrytheG Avatar

            the ice age prediction? No. That’s another Conservative canard TMT – where do you get this stuff?

            https://en.wikipedia.org/wiki/Global_cooling

            and what did the scientists say about the vaccines?

            They said what they knew at that time and then updated it as they learned more.

            It was a new disease, they were learning about. As they learn – they update. It works that way with ALL science, whether it’s Cancer research of climate research or epidemiology research.

            Anytime I hear someone say Climate science is essentially a world-wide conspiracy – I wonder what else they think also.

            No wonder we have conspiracy theories out the wazoo these days.. and all kinds of false beliefs. It’s just gotten nutty.

          2. tmtfairfax Avatar
            tmtfairfax

            Larry, read the articles in the attached link. https://cei.org/blog/wrong-again-50-years-of-failed-eco-pocalyptic-predictions/

            Specifically, the national center for Atmospheric Research; NASA and Columbia University; Department of Geological Sciences at Brown University; University of East Anglia; Columbia University.

            And the warmers made outlandish claims that didn’t come true. For example, NYC’s West Highway was going to be under water by 2019. I was there this weekend. It’s not under water. Vehicles were driving on the West Side Highway and pedestrians and bikers were traveling next to it. My shoes didn’t even get wet.

            I believe the world may be warming and that human actions affect the warming and that reducing greenhouse gas emissions is a good thing. But from my 35 plus years doing Washington, I know that the town is full of rent seekers who want other people’s money and more political power. That includes both the fossil fuel industry and the climate change industry. And the fact that the MSM supports the latter gives me even more strong reason to be skeptical of the climate change industry.

          3. LarrytheG Avatar

            TMT – it’s one thing for one researcher to make a claim – that happens all the time and then it gets sensationalized in the media.

            That’s different that a large number of scientists over a decade or more coming to some level of consensus.

            When you find yourself opposing all media and most scientists you’ve put yourself in a box.

          4. LarrytheG Avatar

            TMT – did you see what happened to NYC and New Jersey train tunnels – that had NEVER been flooded prior and then were are now have to be rebuilt?

          5. Randy Huffman Avatar
            Randy Huffman

            Nope, quoting wikipedia as a source gets you nowhere. The predictions by many of Global Cooling was very real, I was pretty young then, but remember it being reported in the media, which the Left is doing everything they can to pretend it didn’t happen. A quick search found an interesting article by CEI that shares a number of published articles, not only on that, but the Global warming hysteria that was presented in the 1980’s.

            https://cei.org/blog/wrong-again-50-years-of-failed-eco-pocalyptic-predictions/

          6. LarrytheG Avatar

            I don’t quote Wiki as a source but a compendium of references….

            If you google the predictions of global cooling – first you gotta recognize the skeptic sites and try to drill down on the rest of the sites. Not all scientists agreed about the cooling – it was NOT a “consensus” at all.

            The very first reference on wiki is this:

            ThE MyTh OF ThE 1970s GlOBAl COOlING SCIENTIFIC CONSENSUS

            http://nora.nerc.ac.uk/id/eprint/11584/1/2008bams2370%252E1.pdf

            So the first question is just how much consensus was there on global cooling?

            My impression was that it got hyped in the media… but a large body of science did not agree.

            You could say something similar about just about ANY field of science anyhow.

            Take Cancer and tell me that some wrong turns were not taken in the past as they continue to work toward the future.

            What are you going to do – not believe science because it got some things wrong in the past?

          7. Randy Huffman Avatar
            Randy Huffman

            My view is we should always be skeptical of what we read in the media. The late 70’s and early 80’s were very cold, I was living in Chicago and can attest to that.

            Professor Johnstone has legitimate points and has clearly done a lot of research. I find it incredulous how you are shooting it down ostensibly because you don’t like his credentials. Yet the vast majority of people who think we must do something radical now, are basing that view on our recent weather, and what they read in the media.

          8. LarrytheG Avatar

            I agree on the media and that’s why I never accept one source for anything. If I see something that surprises me, I go look at other media and then try to get to the information itself.

            The reason I shoot Professor Johnson down is the same reason I would if he were, as a lawyer and economist, critiqued cancer research or paleontology or other fields of which he has no academic background or career experience.

            What would you think of a Climate Scientists telling us their opinion on Constitutional Law ?

            What the “vast majority of people” are doing, I agree, is a cause for concern, especially when we have not only the folks who listen to “media” but the ones who buy conspiracy theories and worse.

            In the end, we have no choice, but as a society , to work towards the future with facts and realities. and that does mean what you say – view everything with some level of skepticism – but also know the difference between misinformation, disinformation and conspiracy theories found in social media, blogs and other non-traditional “media”.

          9. Randy Huffman Avatar
            Randy Huffman

            Hmmm. While I don’t comment often, I have been reading this blog for over two years, for the exact opposite reason you state above, because I don’t trust the hype in a lot of traditional media outlets. I find many of the authors here, even if my bias is different, to do a lot of hard work before they publish their articles.

          10. LarrytheG’s stock in trade is to avoid discussing an author’s facts and logic and attacking his credentials and/or ideological leanings, as if those things in and of themselves makes the argument wrong. His worldview is impenetrable, for it gives him the means to reject any notion that makes him uncomfortable without needing to know how the author reached his or her conclusion. In the end, LarrytheG’s arguments can be condensed to this: I don’t like your idea, therefore it is wrong.

    2. Larry, you must work at how to misinterpret what’s plainly said.

      “Johnston also dissects the work of the Intergovernmental Panel on Climate Change (IPCC) and the media and scientific utterances of the National Aeronautics and Space Administration (NASA), which in an interview Tuesday he dismissed as often just propaganda. IPCC does not always honestly convey the peer-reviewed science it cites, he said, because the actual studies often draw different or more nuanced conclusions.”

      It’s not the science that is wrong, it’s how it is used and misused, and how the consequences of political and judicial actions are not considered.

      1. LarrytheG Avatar

        and that is HIS OPINION – NOT A FACT!

        re: ” IPCC does not always honestly convey the peer-reviewed science it cites, he said, because the actual studies often draw different or more nuanced conclusions.”

        this is an opinion coming from a person who knows almost nothing about the science itself and just throws this out without any real evidence…

        He’s impugning ALL the scientists involved as if all of them are wrong…

        this is just more of the same “I’m a smart person because I have a degree and therefore I know how science works and can make an informed comment about it”.

        Which is total 100% BS.

        It’s like a Climate Scientist critiquing Cancer Research or worse – the entire field of cancer research OR .. THIS GUY, a lawyer, telling us he has looked into cancer research and determined that the cancer researchers are wrong.

        Who does this?

        It’s bizarre and irrational and yet people accept it as valid!

        1. LarrytheG Avatar

          If the point was that this guy is a lawyer and an economist arguing against regulation on what he argues is questionable science – fair point but also fair point he is a Conservative affiliated with CATO and Mercatus and it is typical of most conservatives that they argue against regulation and often environmental regulation.

          I’d have to see what other positions this guy has taken on the environment, science and regulation to confirm my suspects – or contradict them perhaps.

          But again, would you want an PHD economist critiquing the field of a cancer researcher or a prosthodontist or bridge engineer just because he had an “advanced” degree?

  2. energyNOW_Fan Avatar
    energyNOW_Fan

    I felt William Shatner’s space trip on Blue Origin typified American liberal thinking. Shatner said he was paving the way for the future when we move industry and pollution off the Earth into space. Sort of NIMBY on steroids. Where is Mr. Spock when we need him?

    1. LarrytheG Avatar

      I think the whole Blue Origin gig is P.T. Barnum stuff myself and Shatner was a willing party to it but heckfire, give Bezos credit, he’s a hell of a capitalist and entrepreneur, no?

    2. The carbon footprint for that 12 minute flight was likely larger than mine will be for my entire life.

  3. Great find, Steve. I don’t think anyone at the Jefferson Council was familiar with Johnston, so this is a good find. I do note that he joined the Law School ten years ago. I doubt he would be offered a position there today. But at least he hasn’t been moved to resign like David Romps, a climate scientist at Berkeley. https://pjmedia.com/uncategorized/chris-queen/2021/10/19/climate-scientist-quits-berkeley-over-cancelled-speaker-n1525131

  4. Merchantseamen Avatar
    Merchantseamen

    Solar panels have a life span of some 12 to 15 years depending on climate. A huge initial cost that never return its initial investment. With that statement small installation arrays on homes and small office parks I will support. Large generation plants? Technology is not even close. You have to remember the Leftists hate us and if given the chance they will kill us. How you say? Taking us back to the stone age and starving us to death.

    1. LarrytheG Avatar

      Would you support nuclear if it needs subsidies?

      1. Merchantseamen Avatar
        Merchantseamen

        I don’t have a problem with nuclear. That tech should stand on its own. Very expensive so limited subsidies could be in order. Another problem is spent fuel. I don’t have any answer on that issue. Pulled up beside a UPS box truck today at a stop light. Liquefied natural gas fired engine. Not bad. I like the idea of Hydrogen fired engine. Easy change over with existing internal combustion engines. Water is the exhaust. Problem, both could be dangerous in a crash. Honda has a car in CA with a small filling station infrastructure. Saw it on You tube. Then when I went to find it again it was gone. So…who pulled it Honda? The Producers, You Tube? Goobermint? So much more promising than electric at the moment. Private innovation without government mandates and interference will bring these new techs on line. Don’t see why they can’t develop side by side. However you have agendas and backstabbing….we just can’t turn the oil spigot off. It is in everything we make, operate and do…. just my opinion.

        1. LarrytheG Avatar

          I’d support modern nukes – with R&D subsidies as well as renewables, storage and hydrogen.

          I’d even support efforts at sequestration and so-called “clean coal” is such a thing is real and not some joke.

          Basically similar to how we developed cleaner and more efficient cars.

          Finally, if natural gas becomes much more expensive and stays that way, it will drive more efficient equipment that burns it, more energy conserving equipment, building, insulation, etc which will result in less use of gas for heating and electricity.

          we waste energy in this country hand over fist, compared to other countries. we use 2-3 times more energy than even other industrialized countries (6-10 times as much as poorer countries) and as other developing countries advance, they are going to compete for energy supplies and keep the price going up.

          Higher prices is what really drives innovation but give credit also to govmint – our cars are cleaner and more efficient because of govmint rules that drove innovcation initially. Those rules were initiated over pollution issues in our urban areas… “nonattainment regions”.

  5. Steve, I think you and Prof. Johnson are onto something here. Despite the IPCC’s wishes, the “scientific method” is not a determination by consensus. On the contrary, “When different scientists come to different conclusions by following different scientific approaches, it is very challenging to decide which one is “factual” and which is not. . . . Science thrives best when scientists are allowed to disagree with each other. Rather than trying to shut down one side of a given scientific disagreement as “incorrect” and promoting the other side as “correct”, maybe we should be welcoming the fact that scientists are still ‘doing science’.” Fact-Checking the Fact-Checkers

    1. tmtfairfax Avatar
      tmtfairfax

      The problem with disagreement among scientists is that such conflict is generally over the heads of elected and appointed officials, as well as the MSM.

      Acbar has hit the nail on the head with one swing and driven into the board perfectly. Disagreement among scientists is good for science. And then there are the rent seekers.

      1. LarrytheG Avatar

        Disagreement in science is normal AND important, but when there is a strong consensus among science – THAT is ALSO important.

        Attacking scientists around the world as colluding for nefarious purposes is tantamount to conspiracy theories… which are pretty much rampant now for Global warming.

        I also reject the idea that “smart people” – even folks with advanced degrees in SOME field are legitimately qualified equivalent to credentialed scientists in the field.

        I no more want a Cancer researcher with a PHD to tell me his/her “professional” opinion about Climate than I want a Climate Scientists to “educate” me about Cancer but yet we play this stupid game here in BR – over and over.

  6. A great read: Aliens Cause Global Warming By Michael Crichton
    http://www.sepp.org/NewSEPP/GW-Aliens-Crichton.htm
    Caltech Michelin Lecture
    January 17, 2003

  7. Rob Austin Avatar
    Rob Austin

    Unless this guy has tenure, he’d better start burnishing his résumé. The Ryan/Magill Commissariat don’t want his kind sullying the People’s Republic of Charlottesville Institute of Woke Studies.

  8. […] University of Virginia faculty member who has published similar views was present, and the meeting was hosted by a local attorney, Chris […]

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