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Matt Cole: Five questions Congress should have asked the Climate Action 100+, aka the climate cartel

By MATT COLE

My old employer CalPERS just suffered a humiliating defeat in its vote against Exxon’s board of directors.

Its losing streak continued last week when the House Judiciary Committee grilled it over the Climate Action 100+ “climate cartel,” which helps pension funds like CalPERS coordinate with asset managers and non-profits to kill fossil fuels.

CalPERS is the group’s brains and brawn, founding it and using its $500 billion weight to pressure companies like Exxon to fall in line. Here are five questions I wish Congress had asked it.

  1. What is the investment case that cutting fossil fuel production will increase Exxon shareholders’ returns?

Interim CIO Dan Bienvenue began by asserting “Climate change is an existential risk” and answered questions about CalPERS’ anti-fossil fuel actions by repeating “Climate change is real.” Clearly, CalPERS wants to portray all opposition to its activism as disagreement with science itself. But there’s a long leap between the claim that climate change is real and the conclusion that producing less oil will make an oil company more money.

Scientists don’t say climate change is an existential risk: as one review of the research puts it, “a century of climate change is about as bad as losing a year of economic growth.” Ending fossil fuel use would cost an energy-starved world far more, especially as AI guzzles electricity. The argument that Exxon must destroy its business to save it is political, not financial. Congress could expose that if it pressed the activists for hard evidence instead of ceding them the scientific high ground.

  1. Would CalPERS ever use its ownership in oil companies to artificially boost its green energy investments?

If cutting oil and gas production doesn’t make the Exxons and Chevrons of the world more money, who does it benefit? The green energy industry CalPERS recently pledged to invest $100 billion in.

In early 2023, California released SB 252, which required CalPERS to divest from fossil fuels. The pension opposed it, rightly noting that divesting over social goals would hurt its returns but affirming its “strong commitment to the reduction of GHG emissions.” Half a year later, it made its gigantic climate solutions promise.

The Judiciary Committee focused on Climate Action 100+’s war on fossil fuels, but that goes hand-in-hand with its attempt to artificially drive demand to wind and solar energy, which raises its own issues about fiduciary duty and anticompetitive behavior. I asked CalPERS’ PR chief about this conflict of interest in a public exchange—no answer. Maybe Congress would have better luck.

  1. Where’s that $100 billion in new green investments coming from?

The math is simple: CalPERS has $500 billion, which is already invested in a variety of assets it presumably believes will maximize risk-adjusted returns. It doesn’t have a spare $100 billion for green investments lying around. Asset allocation is a zero-sum game: if it puts 20% of its portfolio into climate solutions, it has to take it from somewhere else. Where, and at what cost? If divesting from an industry hurts portfolio returns, as CalPERS learned when it missed out on almost $4 billion by divesting from tobacco, shifting massive assets from some classes into one politically favored one amounts to the same thing.

  1. If CalPERS’ DEI practices are about ensuring diversity of perspective, why does it only measure diversity of race and gender? Does it believe different races think differently?

Bienvenue repeatedly refused to answer direct questions about whether CalPERS ever votes for or against board directors based on their skin color. Doing so would be, well, obviously racist. This should’ve been a softball.

The Committee can press the question by zeroing in on the fact that the “key highlights” of CalPERS’ DEI investments report only highlights diversity related to race, gender, and “historically underrepresented groups.” It doesn’t identify a single example of voting or engaging to improve diversity of “skill sets” or “competencies,” unless you define those through the lens of race or gender.

Does CalPERS govern its portfolio companies on the theory that men are from Mars and women are from Venus? Does it assume that white people and black people have different skill sets and competencies? Its beneficiaries deserve to know.

  1. If all this ESG investing is about making money, why are your returns so low?

Those beneficiaries, current and would-be retirees, are the ones who ultimately pay for all these wasteful experiments in ESG investing. CalPERS has made a habit of underperformance: it reported a 5.8% return last year, in-line with its 5-year average. That falls far short of the roughly 7% it needs to hit to meet its future obligations—on its current course, it’s on-track to meet only 72% of its retirees’ funding needs.

That chasm was the reality I struggled to defy every day as a CalPERS portfolio manager. The absence of any urgency to close it was why I had to leave to defend our capitalist system elsewhere. ESG investing promises nebulous profits in some far-off future, but my friends and family whose retirements rely on CalPERS need it to perform better today instead of doubling down on its money-losing ways.

Matt Cole is CEO at Strive Asset Management. This column originally appeared in Real Clear Energy and is published here with the permission of the author.

Primary colors: Rep. Lauren Boebert beats back five in Colorado; Rep. Jamaal Bowman bounced in NYC

U.S. Rep. Lauren Boebert of Colorado’s Fourth Congressional District won her primary on Tuesday, fending off challenges from five other competitors. She won 44.3% of the vote when the race was called by AP at 9:22 pm. Her second closest competitor, Deborah Flora, got 15.3%.

Boebert is a member of the Freedom Caucus in the House, the more conservative segment of the Republican majority. She opted to not run again in the Third District after redistricting, and if she wins in November, she’ll replace former party chair and now former Rep. Ken Buck, who retired early in March.

Also part of the Colorado election on Tuesday was the temporary replacement for Buck, to fill out the remainder of his term. Former Mayor Greg Lopez of the city of Parker appears to have the edge and will serve until the new representative is chosen in November and sworn in in January.

Some Republican candidates who had the endorsement of Donald Trump didn’t fare well on Tuesday.

Republican Jeff Crank won the Republican primary for retiring Colorado Fifth District’s Rep. Doug Lamborn’s seat. Crank defeated state party Chairman Dave Williams. Williams had been endorsed by Donald Trump.

In North Carolina’s Third District, Army veteran and Republican Sheri Biggs won the primary runoff to replace retiring Rep. Jeff Duncan, a Republican.

Pastor Mark Burns, who was endorsed by President Donald Trump, lost the runoff, although he had won the first primary with 33% to Biggs’ 29%, before the Trump endorsement.

Biggs now will run against Democrat Byron Best in November, but the district is strongly conservative.

In the Utah Senate race to replace Sen. Mitt Romney, another Trump-endorsed candidate lost.

Republican Rep. John Curtis is the winner of that primary to replace retiring Romney. There were four candidates in the running for the closed Republican Primary; Riverton Mayor Trent Staggs was the one endorsed by Trump who failed to advance.

In New York, “squad member” Rep. Alexandra Ocasio-Cortez, a Democrat has won her primary, defeating a more centrist Democrat candidate. Also in New York, Democrat George Latimer won against squad member Democrat Jamaal Bowman.

Fairbanks Assembly considers Climate Action Plan that was rejected by former Assembly majority

On Thursday, the FNSB Fairbanks North Star Borough Assembly will take up the Climate Action Plan — the same plan that was rejected 9-0 by last year’s assembly. 

The plan represents a major shift in how policy is undertaken in the borough, placing the health of the ecosystem over the needs of residents, and will become the guiding principle of the policy if it is adopted. 

The document blames wildfires on climate change, rather than mismanagement of forest assets. 

The document blames the lack of fish on climate change, rather than trawler by-catch, particularly in area M. 

It places “scientific consensus,” over actual science. 

It calls for reducing carbon fuels (coal, natural gas, fossil fuels) in one of the harshest environments for humans in North America.

The plan calls for policy solutions that have nothing to do with climate change, and abrogates the power of the people in favor of activist organizations. 

It calls for hiring at least two new positions and diverts staff time to activities based on climate change. 

You can read more about the plan at this link.

 The public may testify by phone or in person.  Please call ahead of time to get your testimony number 907-459-1401  

The plan is largely work guided by Assemblywoman Mindy O’Neal, who is the executive director of the Cold Climate Research Center.  As the executive director, she directly benefits from this management plan, as her salary is directly tied to the viability of the center. O’Neal has a financial interest in this plan passing. The CCRC is mentioned several times in the document as a “community partner.”  Critics have asked why she is using her Assembly seat to further her own goals and securing her “seat at the table” once her term is up next year.

The plan claims to be a community driven plan, but critics ask, “what community?” Less than 1% of the population of the borough had an opportunity to become aware of  this plan. The plan’s promotion was largely confined to the City of Fairbanks and the University area, while two-thirds of the borough’s population lives outside the city of Fairbanks and did not have an opportunity to even be aware of the plan. Most of the borough has poor internet access and many areas like Salcha, Fox, and Two Rivers have limited access.

The plan calls for climate issues to be the governing concept in planning, platting, roads, trails, and other areas where the borough undertakes planning. Trails will be governed by the ecosystem, land use will be governed by the ecosystem, roads will be governed by the ecosystem-land use and zoning by the ecosystem, and the ramifications of this policy shift is enormous. 
Instead of government by the people and for the people, it becomes government for the environment and government cronies.  

Other examples include:

In appendix C p. 14, the Climate Action Plan calls for consolidation of Road Service Areas because it is “more efficient.” There appears to be no justification or support for demonstrating that consolidating Road Service Areas has any impact on the climate. 
The plan calls for monitoring and collecting data Green House Gases by sector. Thus, the business will be monitored as well as homeowners. This seems quite intrusive and is way beyond the powers of a second-class borough. This is simply to violate the privacy of every borough resident. 

On page 19 of Appendix C, the plan calls for “greater collaboration” with Community Based Organizations, such as the one that O’Neal runs. “Partnering” is code for “taking over the function.” In other words, environmental NGOs will take over borough functions. This means elected borough government will no longer be in charge of policy, because policy will be driven by these community-based organizations.

In Appendix C page 24, the plan calls for encouraging denser economic development to reduce vehicle emissions. Critics say that people don’t move to Alaska to live in a city like Hong Kong. They came to have their “spread” of the woods and live in a particular lifestyle. This spreads out PM 2.5 and other emissions, and stops concentrated emissions. But the Climate Action Plan states that the new development goal of the FNSB is to encourage urban density- which would presumably halt any development outside the urban core of Fairbanks and limit the amount of land a person could own. 

Under this plan (p 61), each subdivision will have only through streets; all streets will be through streets. If the recent road plan testimony was instructive, residents who live in some areas were clear that having through streets would erode the integrity of their neighborhood; several hours of testimony on this issue made it clear that neighborhood integrity is valued by residents. If all subdivisions have to have a secondary egress, whose home is going to be razed to make that policy?  

Then there is the push for electric vehicles that is in the plan. The belief is that using coal or a diesel generator to generate electricity to charge a car is more efficient than a gas engine. Most of the fire stations are not equipped to deal with a fire from an electric car.  

Strange bedfellows: Pro-ranked choice voting coalition has Democrat Party, Socialist Santa, and … Wasilla’s Rep. Jesse Sumner?

A launch for the opposition to the repeal of 2020’s Ballot Measure 2, which brought open primaries and ranked-choice voting to Alaska, is set for Fairbanks and the supporters of the “no repeal” group has many names that people in Fairbanks know well.

There’s Bryan Schroder, cousin-in-law to Sen. Lisa Murkowski. There’s the Socialist Santa from North Pole, who ran for Congress before endorsing Rep. Mary Peltola, the Democrat who won with ranked-choice voting in 2022. There’s Grace Jang, the former communication director for former Gov. Bill Walker. There’s marketing guy Elias Rojas, who serves as the LGBTQ+ caucus chair for the Alaska Democrats’ delegation to the Democratic National Convention. Also on the list is liberal Republican Linda Hutchings of Soldotna and Democrat Native leader Ana Hoffman. Native leaders Liz Medicine Crow of Anchorage Barbara ‘Wáahlaal Gidaag Blake from Juneau is one of the members of the coalition.

Back to help ranked choice voting stay in place is former Sen. Lesil McGuire, who is an Anchorage Republican who now supports Democrats. There’s Scott Crass, extreme leftist and Fairbanks North Star Borough Assemblyman who works at the University of Alaska Fairbanks.

Former Sen. Lesil McGuire appears in an ad supporting Democrat Andrew Gray.

The Alaska Democratic Party has also been sending fundraising pitches to Alaskans, saying that the party is going to work hard to preserve ranked-choice voting.

One of the supporters, however, is clearly not like the others: Wasilla Republican Rep. Jesse Sumner, who has signed on to protect ranked-choice voting. Sumner represents one of the reddest districts in the state, an area that is almost certain to vote in favor of repealing the open-primary, ranked-choice general scheme.

It’s a bit of ballot confusion: This year’s Ballot Measure 2 is to partially undo 2020’s Ballot Measure 2. So while in 2020 people like North Pole Socialist Santa and Lesil McGuire were in favor of Ballot Measure 2, this time around they are against it, since it would repeal the novel voting combination method not used anywhere else in the country.

Politics makes strange bedfellows. The “No on 2” group’s launch is on Thursday, June 27 from 12-1 p.m. on Zoom, and the Anchorage campaign launch will be July 2 from 5:30-7 p.m. at 49th State Brewing Co.

On Tuesday, June 25, an Anchorage event to repeal ranked choice voting is taking place in Anchorage:

LaFrance has already moved into City Hall and fired at least 13 people as she prepares to take over

Anchorage Mayor-elect Suzanne LaFrance has taken over space on the first floor of Anchorage City Hall. She has some kind of an agreement with the Anchorage Assembly, although it’s unclear what the agreement is. She won’t be sworn in as mayor until July 1, but has already set up shop in anticipation of moving to the mayor’s offices then. Normally, the mayor’s transition office is in the successful candidate’s campaign office in the weeks leading up to the transition of power. But for the past two weeks, LaFrance has been working out of City Hall.

Also, Must Read Alaska has learned that LaFrance has fired 13 people in the mayor’s office as she begins to hand walking papers to those who were hired by Dave Bronson, the outgoing mayor of Anchorage. Among them are people in the purchasing, administrative, communications, and other departments and divisions of the city, mostly those closest to the mayor.

That’s not unexpected, because every mayor brings in his or her own team.

Today, LaFrance announced she is firing Police Chief Bianca Cross and replacing her with Sean Case, who is deputy police chief for Anchorage.

LaFrance announced last week that her swearing in will be at Town Square Park from noon to 1 p.m. on July 1.

Alaska Democrats flip off rural Alaskans, deflect criticism of Peltola ‘FREE BEER’ campaign

On X/Twitter, the Alaska Democratic Party doubled down in its support of Rep. Mary Peltola, even though Peltola has committed a possible crime by offering “FREE BEER!” to people as a way to lure them into her campaign headquarters in Fairbanks.

“This guy doesn’t like free beer!!!” the Democrats commented, responding to Republican candidate Nick Begich’s criticism of Peltola about offering pints to voters instead of good policy positions.

Alaska Democratic Party offers support for using free beer as a campaign marketing tactic.

The advertising of free alcohol as a marketing tactic is a violation of Alaska law. But the Alaska Democratic Party thinks it’s a joke.

Nearly all of Peltola’s home region of Western Alaska is dry, by choice. Native village leaders in Alaska have long understood how serious alcoholism has been in their communities. According to research, up to 15% of Alaska Natives are dependent on alcohol.

Western Alaska villages that are dry are shown in red.

Under federal law, Alaska Native villages have the right to banish chronic inebriates from their communities. The fathers, uncles, and grandfathers of rural Alaska too often up on the streets of Anchorage, making it Alaska’s largest Native village.

Peltola established herself as “fish, family, freedom,” role model for Native Alaskans. She regularly tips a glass at her fundraisers in the city and has a war chest that allows her to buy free booze for anyone who comes in the campaign door, while Native grandparents raising their grandchildren because of the damage done to the Native community are left to wonder about her authenticity.

Mining lawsuit: Two Alaska Native organizations sue EPA over Pebble denial

Iliamna Natives Limited and the Alaska Peninsula Corporation filed a lawsuit against the Environmental Protection Agency on Monday, alleging the EPA overstepped its authority with its final decision to axe the Pebble Mine project.

Both the State of Alaska and the parent company of Pebble have similar lawsuits filed over the January 2023 final decision, with its preemptive determination under Section 404(c) of the Clean Water Act to prohibit and restrict areas areas in the watershed of Bristol Bay as disposal sites for discharges of dredged or fill material associated with developing the Pebble Deposit or any other similar project on State-owned lands in the area. The logic of the EPA would mean that no mining could take place in the 40,000-square-mile area that is part of the Bristol Bay watershed

“The EPA’s pre-emptive veto was only thought of as legal if you’re bought-and-paid-for by the radical environmentalists and commercial fishing activists who have opposed Pebble for nearly 20 years,” said Rick Whitbeck, Alaska state director for Power the Future.  “With lawsuits now filed by the State, the Pebble Limited Partnership and the Alaska Natives who live closest to the proposed mine site, we can hope the courts find in favor of rational thought, sound science and Alaska’s future, and against the fear-over-facts narrative of the anti-Pebble, pro-China and Russia crowd.”

The lawsuit is filed by the Pacific Legal Foundation, a conservative public interest law practice that has fought for private property rights since it began in 1973.

“The EPA doesn’t get to veto any development project it doesn’t like,” said Damien Schiff, attorney at Pacific Legal Foundation who is representing the two organizations that are the plaintiffs. “When Congress wants to give an agency power, it must also give it specific instructions on how and when that power can be used. EPA claims unlimited discretion: that is unconstitutional.”

Both Iliamna and Alaska Peninsula had contracted with Pebble’s parent company Northern Dynasty to provide services to the mining company.

“Those contracts created real opportunities for full employment to villages that had previously been suffering diasporas due to chronic lack of economic opportunities and enabled the village corporations to grow — providing a desperately needed financial lifeline to their communities. The promise of the mine made Iliamna the largest employer in the area and allowed Alaska Peninsula to pay benefits to its shareholders for the first time in years,” Pacific Legal Foundation wrote.

“But then the EPA vetoed the mine project because it claimed that it would have an unacceptable adverse effect on salmon fisheries — a conclusion contradicted by the Army Corps of Engineers’ findings. The EPA claims that Section 404(c) of the Clean Water Act gives it the power to decide what counts as ‘adverse’ or ‘unacceptable’ effects without clearly defining these terms,” essentially giving it a blank check to stop projects that environmentalists don’t like, for whatever reason, the foundation said.

“The Clean Water Act provides a comprehensive permitting regime for the United States Army Corps of Engineers to authorize projects involving the discharge of dredged and fill material into navigable waters. But after setting out standards to govern such permitting, Congress authorized the Environmental Protection Agency to take an end-run around the permitting review process,” the lawsuit stated.

“In so doing, Congress unconstitutionally delegated to EPA the authority to override the CWA’s permitting process virtually whenever the EPA Administrator deems fit,” the lawsuit said. “EPA has now asserted its ‘veto power’ to kill a mining project in Bristol Bay at the Pebble deposit, which is the largest gold- and copper-ore deposit in the world. If EPA had not exercised its unbounded discretion to veto the project, mine development would have continued.”

John Shively, CEO of the Pebble Partnership, said in a statement, “We have local support for the project, and the Final Environmental Impact Statement for Pebble, as published by the U.S. Army Corp of Engineers, describes in detail the many benefits from Pebble including employment, reduction in the cost of living, and significant local tax revenues. It further documents how local fishing permits continue to migrate to non-Alaskans and a high percentage of commercial fishing jobs are held by non-residents.

Those who oppose Pebble have not provided any alternative that would improve the economy of this area, he said:
These two Native Village Corporations understand that the EPA and our opposition care little about their future.”

The case is Iliamna Natives Limited, e al. v. EPA, filed in U.S. District Court for the District of Alaska.

Mayor-elect LaFrance not keeping Police Chief Bianca Cross, will name Sean Case as police chief

Anchorage Police Chief Bianca Cross is not being retained by Mayor-elect Suzanne LaFrance, Must Read Alaska has learned. Chief Cross notified the police force in an email early today.

Chief Cross took office on April 29, having worked in policing since 1997 when she joined APD as a recruit. Cross is the first female chief of the department. During her 26-plus-year career at APD, she worked as a patrol officer, supervisor, burglary detective in the Property Crimes Detective Division, sexual assault detective in the Special Victims Unit, homicide detective and supervisor in the Homicide Unit, and a commander of the Violent Crimes Detective Division. 

Chief Cross has a bachelor’s degree in Criminal Justice and a master’s degree in Business Administration. She was the recipient of the 2020 Alaska Association of Chiefs of Police Officer of the Year and the 2018 Anchorage Police Department Leadership Award. She replaced Chief Michael Kerle, who retired in April.

Former Deputy Chief Sean Case, who is close with the Leftist Assembly and Mayor-elect LaFrance, will be named to step in as the chief, although the announcement has not been made by the LaFrance team.

Update: The announcement of the change was made at noon on Tuesday.

Republican senators want answers from Mayorkas about terrorists crossing southern border

A group of Republican senators have written to Secretary of Homeland Security Alejandro Mayorkas regarding reports of U.S. Immigration and Customs Enforcement (ICE) arresting eight Tajikistan men who are suspected to have terror ties to ISIS and who crossed the southern border to enter the U.S. last year and this year.

Reportedly, two of these military-aged men crossed the border in spring 2023, and one of them used the “CBP One” telephone app to enter the U.S.

“We are deeply concerned by reports that a wiretap shows that one of the now-arrested individuals was talking about bombs and that the target of the wiretap was previously released by federal authorities at the southern border with a court date of next year. We are further concerned by reports that federal authorities vetting these individuals upon entry into the U.S. did not detect any ties to ISIS at the time and only discovered these ties ‘[l]ater and in recent weeks,'” the senators wrote.

Border Patrol agents have been releasing inadmissible illegal foreign nationals into the country by giving them orders to appear before an immigration judge, but not for many months or even years.

The senators told Mayorkas that just recently FBI Director Christopher Wray testified to Congress that he sees a “potential for a coordinated attack here in the homeland, akin to the ISIS-K attack we saw at the Russia concert hall a couple weeks ago,” referring to ISIS’ affiliate organization in Afghanistan, ISIS-Khorasan that is blamed for killing at least 133 and wounding more than 100 with a bomb detonated at a concert. Wray also said he is “very concerned’ about “smuggling network” with “overseas facilitators” that “have ISIS ties.”

“Due to the grave nature of these threats to the American public, we request that the Department of Homeland Security brief the undersigned senators or their staff and respond to the following questions by June 25, 2024,” the letter said. The questions that the senators want answers to by Tuesday are:

  1. What are the names and identities of the arrested individuals?
  2. When and where did they enter the U.S. and for what purpose? Did they present
    themselves at a port of entry or enter between the ports of entry?
  3. Did these arrested individuals claim asylum when they entered the U.S.? If so, how was
    their asylum claim resolved?
  4. What was the vetting process for these arrested individuals when they entered the U.S.?
    Did the Department of Homeland Security (DHS) have information indicating that these
    arrested individuals posed a criminal or national security threat when they entered the
    U.S.? Did DHS accidentally release them into the U.S.?
  5. Are these arrested individuals members of ISIS or another terrorist organization?
  6. Are these arrested individuals part of a broader network inside the U.S.?
  7. Were these arrested individuals planning a terrorist attack or taking actions in preparation
    for a terrorist attack?
  8. Do these arrested individuals possess weapons, explosives, or other dangerous items, or
    other items that could be used to plan or conduct a terrorist attack?

Leading the letter was Sen. Ted Budd of North Carolina, and signers included Senators Chuck Grassley of Iowa, Thom Tillis of North Carolina, John Hoeven of North Dakota, Roger Marshall of Kansas, Mike Lee of Utah, John Thune of South Dakota, John Kennedy of Louisiana, Joni Ernst of Iowa, Rick Scott of Florida, Cynthia Lummis of Wyoming, Kevin Cramer of North Dakota, Todd Young of Indiana, Shelley Capito of West Virginia, John Cornyn of Texas, Steve Daines of Montana, Eric Schmitt of Missouri, JD Vance of Ohio, Pete Ricketts of Nebraska, and Tim Scott of South Carolina.