by Don Wittig
“As I indicated, we are a nonprofit corporation. No individual member would benefit from any award. The money would go toward the public purposes of the organization. I failed to mention, we also have contributed both expertise and money to coastal reclamation projects here in Louisiana. I venture to say that most of the money from this case would go to that cause.”
“You have heard the testimony of Dr. Lewis and Dr. Broussard, and I don’t want to repeat that. But directing your attention to the Corps activities in channeling the Mississippi and its role in the design and construction of levees and canals in Louisiana, can you add anything to what has already been said?”
“First of all, the Corps has done a lot of good, especially after Katrina. They have constructed and supervised reconstruction of the canal and levee failures at a remarkable pace. The new construction with fifty to seventy-five-feet footings is far superior to what it replaced. And the Corps continues ongoing reclamation projects, such as in St. Bernard Parish. The problem with the reclamation projects is that it will take years to reclaim only two hundred or three hundred acres, while projects like Mr. Go destroy tens of thousands of acres.
“I won’t repeat what Dr. Broussard said, but I would note that one of the greatest man-made causes of erosion and destruction of the Mississippi delta is the engineering of the way the ‘mighty river’ discharges. Instead of allowing the Mississippi to flood the region, the government has created a giant toilet that flushes half the topsoil of the Midwest down the sewer. It’s like a blind mule in a stall wondering where the hay is. The soil and sediment are right there for all eyes to see, but Washington and the Corps keep the toilet handle down, day and night. Talk about government waste! To allow thousands, maybe millions of tons of rich soil and materials to blast into the Gulf, that’s unconscionable.
“I also agree with Dr. Lewis and Dr. Broussard that Mr. Go has limited economic value to St. Bernard Parish and the region. What’s more, it exacerbated the erosion of the region. If the Corps keeps cutting and dredging canals across the coastal and inland wetlands, they only accelerate the death of the wetlands. In turn we have greater subsidence. The levees sink, even good ones. The cities sink. Higher salinity seawater encroaches farther inland. More vegetation and wildlife are killed. The natural barriers to tidal and storm surges are removed. In time the Katrina aftermath will seem more like a harmless summer squall.”
“Dr. Deerman, let me stop you there. Are there other factors that in your opinion are leading to higher salinity and seawater encroachment?” O’Reilly smiled like a conductor at the New York Philharmonic.
“Rising ocean water caused by global warming.
“Ocean temperatures have increased one degree Fahrenheit since 1970. Scientists expect a five degree Fahrenheit atmospheric temperature increase by the end of the century. In the last thirtyfive years, the number of cat four and five hurricanes has doubled. Wind speed and duration of all hurricanes has increased by half. Ocean levels are rising. In fact, many scientists are predicting ocean levels will rise another twenty feet by the end of this century. Since 1993 sea levels have been rising more than a tenth of an inch per year. The Al Gore movie An Inconvenient Truth says there will be an eighty-foot rise. That’s probably over the top. But at the very least ocean levels will rise over the next fifty to one hundred years by one meter. Say good-bye to Kennebunkport and Galveston.”
“And, Dr. Deerman, what in your opinion are the man-made causes of global warming which in turn are causing the increased levels of the ocean and rising temperatures?”
“Objection. The question assumes both the truth and proof of the theory of global warming and that humankind has somehow caused it!” Mack feigned indignation.
“Sustained.”
“I’ll rephrase, your honor. Dr. Deerman, assuming scientific proof of global warming, do you have an opinion both as to its causes and to its effect upon ocean levels and temperatures?”
“Yes I do.”
Mack grimaced. He could object again, but it would only serve to focus the jury’s attention on Deerman’s testimony. Most of the jury already have their own opinions about this warming hoax.
“Please state that opinion.”
“Global warming is caused in large measure by humans’ contributions to greenhouse gases. The greatest man-made contribution to greenhouse gases that science has been able to quantify is CO2, carbon dioxide. Recent ice core samples have demonstrated that at the end of the last ice age, eight thousand to ten thousand years ago, the CO2 levels were one hundred and eighty parts per million. About one hundred fifty years ago CO levels were two hundred and eighty pm. Now the levels exceed three hundred and eighty-one pm. You can see where this is going. Nineteen of twenty of the hottest years of record have occurred since 1980.”
“Dr. Deerman, what human activities cause the increase of CO2 levels in the atmosphere?”
Judge Martin intervened. “Before we branch into that topic, let’s take our morning recess. Court will be in recess for fifteen minutes.”
Melinda Lewis looked at her watch. Bob was doing great. He was an impressive man, tall, fit, and glib. Bob wasn’t Hollywood pretty, but he had that rugged, outdoor look you would expect in his position as one of the leading environmentalists in the country. Bob well controlled his one noticeable bad habit: scratching the back of his neck. His other bad habit, straying away from his natural habitat into neighboring campsites, would hopefully not come up.
In Chambers, the judge was handed a stack of orders to sign. He sped read the materials and signed off on several orders, trusting his staff attorneys to address the constant press of motions and orders. Martin had one full-time attorney on the Katrina case and two attorneys dealing with the daily backlog of the heavy drug dockets and other civil matters. In the end, the judge had to rely on his staff to search both the substance and nuances of the paper factory he managed. Martin then grabbed a cup of coffee and hurried back to the courtroom.
2 Once back in the courtroom, O’Reilly continued. “Dr. Deerman, you were going to explain to us the human cause of CO2 in the atmosphere.”
Deerman’s hand went to the back of this head, but he caught it and forced his left hand into his lap. “Coal-fired electrical generation and automobiles are the two greatest producers of CO2 in the United States. There are also factories and the use of heating oil. We have also learned that the plowing and tilling of farm fields releases tons of CO2 into the atmosphere. We have instituted a program to encourage farmers to use dry land techniques and plant without plowing first. The United States has less than five percent of the world’s population but we consume more that twenty-five percent of the world’s oil. So the United States is one of the worst, if not the worst, current contributor to greenhouse gases.”
“What, Doctor, is causing the oceans to rise and causing greater saltwater incursion into coastal wetlands?”
“Polar ice is melting. For example, several Greenland ice sheets are collapsing into the sea. In 1996 twenty-two cubic miles of Greenland ice drained away. In 2005, fifty-three cubic miles of ice drained away. The Greenland ice melt alone could raise sea levels by twenty-three feet. The melt down of Antarctic could raise sea levels by two hundred and fifteen feet. Some scientists have predicted the end of polar ice by the year 2060.
“And the United States is not the only culprit, of course. China could double the world’s release of CO2 gases by 2030. That is according to the International Energy Agency. If we implemented the Kyoto treaty today, worldwide, we would not be able to halt CO2 saturation levels of four hundred and fifty parts per million.”
“Are you saying that the CO2 crisis is escalating?”
“Escalating is an understatement. Let me explain just three factors that could lead to a geometric escalation of global warming. First, you have feedback loops. One example is ice. Ice reflects ninety percent of the sun’s rays. Oceans, on the other hand, absorb ninety percent of the sun’s rays. As the ice caps melt, there is less reflecti
on of sun energy and at the same time more seawater to absorb more heat. The escalation feeds upon itself.
“Next, you have the enormous release of CO2 from arctic soils. Humans release over seven gigatons of carbon per year. The arctic melting could cause carbon releases estimated from two hundred to eight hundred gigatons! That could cause no small problem with heat but a catastrophic climate collapse.
“Finally, as sea levels rise, they drown low-lying vegetation, not to mention coastal cities and towns. Most vegetation absorbs carbon dioxide. As cypress trees and other swamp vegetation are killed off, there is less absorption of CO2. Guess where it goes?”
Deerman was hitting his stride. He knew his stuff and enjoyed the podium. He glanced at Melinda Lewis, and she smiled her confident appreciation. She then refocused her gaze to avoid any prying eyes of the jury. Jurors, like most people, are both curious and observant. Sometimes an entire lawsuit could change direction because of an inadvertent smirk or an uncalled-for sneer. Jurors were looking not only for the facts but the character of the witnesses. O’Reilly taught Lewis and all his witnesses this important truth about being on the stage.
25 Deerman Greens the Jury
“DR. DEERMAN, CAN YOU TELL us some of the other causes and effects of global warming?” “Some of the other proofs of global warming include the fact that many species of butterflies have moved twenty to one-hundred and fifty miles to the north. El Nino, which affects the tropics and the generation of hurricanes, is more frequent. Polar bears and their cubs are increasingly drowning because of the greater distances that they are forced to swim due to warmer waters. Since the 1970s, areas of drought have doubled worldwide. We are now losing thousands of species. We stand to lose more than a million species.
“On the human side, over ten percent of the world’s population lives along or near coastal areas. If we project only a ten-foot sea level elevation, millions upon millions of people will lose their homes and businesses. We won’t need to worry about wetlands because there won’t be any.”
“Dr. Deerman, we appreciate your knowledge and insights. But how is the Army Corps of Engineers responsible for global warming?”
“I am not saying the Corps causes global warming. But I am saying that they contribute to global warming by destroying the environment. Why should the Corps destroy even one cypress tree
KATRINA: THE JURY ANSWERS to build the worthless MRGO Canal? They admit they destroyed fifteen hundred acres of cypress. They also admit to destroying twenty thousand acres of wetlands to build a canal that costs twenty million dollars a year to maintain and that no one uses. Instead of building up the habitat to lessen CO2 through trees and vegetation that absorb it, the Corps allows the discharge of some of the best topsoil in the world into the Gulf of Mexico. The actions of the Corps decrease the albedo of earth’s surface.”
“Let me stop you there. What is albedo?”
“In brief, albedo is the reflective quality of the Earth to solar radiation. Ice greatly increases albedo because it reflects the sun like a mirror. Ocean water is many times lower in reflective qualities. Vegetation and trees, such as in forests or wetlands, increase albedo as compared to the ocean. When forests are clear-cut, we are left with dark, vacant soil. Albedo is decreased. Warming increases.
“As I was saying, natural flood protection for both estuaries and humans is largely ignored, save some token reclamation projects. I don’t think the Corps will be responsible for what happens when the oceans rise twenty feet, but think about this. If the Corps cannot engineer and build a levee system that will withstand a cat three at current sea levels, what does the future hold for New Orleans and the Gulf Coast?”
“Dr. Deerman, what about methane gas? Is it a greenhouse gas and have there been any studies on the effects of methane on global warming?”
“Yes. Specifically, a Russian scientist teamed with an Oxford researcher studying northern Siberia. The huge permafrost there is melting. Of course, it’s been melting since the ice age ended, but the melt is accelerating. Particularly since 2003, rising temperatures have triggered greater melting, which in turn causes flooding and raises the levels of the drainage lakes. Like the wetlands, vegetation is being killed, sinking into the lakes, and then rotting into methane. There are hot spots in the Siberian lakes where so much methane bubbles up, no ice can form. Some of the Siberian
DON WITTIG permafrost holds as much as five hundred gigatons of carbon. As the temperatures rise, more ice melts and again the lakes rise. Here we see the feedback loop effect again. The dark lakes absorb more heat and the cycle accelerates.”
“Dr. Deerman, are there still other adverse effects on the ocean from global warming?”
“There are a number. Allow me to just mention one more. We all remember acid rain. We have done a pretty good job of ridding this country of acid rain. Now it’s the ocean that is turning acidic.
“Thirteen global models have demonstrated that increased atmospheric levels of CO2 reduce the pH levels of the ocean. The average pH level today is eight point one. That is alkaline. By 2100, the pH could drop as low as seven point seven. That would dissolve the minerals required by plankton, which is at the bottom of the food chain. That timetable may be as near as the year 2050. Eventually, the oceans will no longer produce coral reefs.
“The effects of global warming are as profound as they are profuse!”
Once again, O’Reilly smiled as the jury listened and watched intently. Even if the jury only absorbed half of the acid fire being flared from atop the witness stand, they should have no problem finding against a government way behind the science.
O’Reilly almost arrogantly announced to the court, “Pass the witness.”
26 Mack at Home in the Acid Pit
“D R. DEERMAN, ASSUME WITH ME that the hurricane state Florida had sided with Al Gore in 2000 and he was elected president. Further, assume you were his vice-president and both houses of Congress were dominated by environmentally friendly folks like yourself. Would you say New Orleans would not have flooded, thirteen hundred people would not have died, and hundreds of thousands of homes would not have been destroyed?”
“Mr. Mack, you know that is not a fair question,” Deerman countered. “I would like to say we could have made a difference. But we both know global warming has no political party and has been around since the Industrial Revolution.”
“So, I take it that if the Dream Green Team could not have prevented Katrina and her aftermath then neither could the Corps of Engineers have prevented the devastation.”
“I have already testified I don’t blame only the Corps, but they contributed to the severity of global warming by destroying wetlands, demolishing instead of building habitat, construction of disastrous canals, and so on.”
“Let’s talk about the troposphere. What is the troposphere?” “The troposphere is roughly the lowest ten miles of the atmosphere. Above the troposphere is the stratosphere.” “Would you say that according to the modeling of the CO2 ‘big warming’ crowd that you would expect the troposphere to be warming pretty much all over, especially in the tropics?”
“Yes, but not necessarily everywhere.” “You anticipated where I was going. In fact, studies show the troposphere has been cooling in the tropics since 1979?”
“Some studies show that, yes.”
“Can you reconcile the cooling in the tropics with the increase of El Ninos, also originating in the tropics?”
“Data are not always consistent, which is what makes fooling with nature so dangerous.”
“So you do admit the error of the climate models that erroneously predicted that the troposphere should be warming in the tropics.”
“To some degree, the data are inconsistent, as I said.”
“You mentioned that the burning of coal is the greatest greenhouse generator, correct?”
“No, coal is the biggest producer of CO2 in the United States.”
“Exactly. Far and away the biggest greenhouse gas is water
vapor, correct?”
“Yes. Water vapor is the largest component of greenhouse gases.”
“Earth could not survive without water vapor, which consists of air and water.”
“Yes.”
“So you do not recommend eliminating water vapor, or water mixed with oxygen, nitrogen, and so forth?”
“Of course not. We cannot live without oxygen, water, or the greenhouse effect. We just want to eliminate any accelerators of the effect.”
“So in actuality, the greenhouse effect is both a necessary and a good thing for us earthlings?”
“Yes.”
“And we could not survive on earth without the greenhouse effect?”
“Yes, but....”
“Stick with my questions,” Mack demanded. “So the same would be true of solar radiation? We need it and can’t live without it?”
“Absolutely. The sun keeps the planet habitable. Even a slight reduction of solar energy could trigger cataclysmic effects.”
“Such as another ice age, and vice versa, where we have solar forcing or an increase of solar radiation. That too can cause global warming?”
“Yes. Some scientists believe there is an eleven-year cycle of solar forcing. However, that can only make matters worse, not better.”
“Dr. Deerman, tell the jury what solar forcing is.”
“Temperature variations caused or ‘forced’ by solar irradiance. Volcanos and greenhouse gases can also cause ‘forcing.’”
“But many models used by the ‘big warmer’ crowd hold solar forcing as constant, do they not?”
“True.”
“Or worse, some models just assume there has been no increase or decrease in solar irradiance or solar forcing?”