Lady Liberty Defended
Thursday, February 01, 2007
  Climate Change - The Debate Continues
Delaware global warming skeptic stands pat
State climatologist on opposite side of governor in court case

By JEFF MONTGOMERY, The News Journal
Posted Thursday, February 1, 2007

Delaware's state climatologist David R. Legates
Delaware's state climatologist has found himself in the middle of a political squall after taking skeptical stands on global warming and climate change -- in one case directly contradicting the state's own policy.

David R. Legates, a University of Delaware geography professor, co-wrote a "friend of the court" brief that opposed Delaware's position in a multi-state U.S. Supreme Court case.

In the appeal, state regulators argued that carbon dioxide from new cars should be regulated because of evidence the gas was contributing to rising global temperatures, climate shifts and changes in the environment. The Bush administration and industry critics opposed the demand, saying the dire warnings are unproven.

Enter Legates, a Ph.D. climatologist who received the title of state climatologist in 2005 from Daniel Leathers, now the head of the University of Delaware's geography department.

Legates joined a group of scientists late last year in urging the court to reject the state claims, in a brief filed by the conservative Competitive Enterprise Institute.

"It is simply impossible to conclude that the net effect of greenhouse gases endangers human health and welfare," the brief said.

The institute has sued the government in the past to block some fuel economy standards for automobiles.

Two sides of the coin

The appearance of Delaware's climatologist on the other side of the court case left some state Department of Natural Resources and Environmental Control officials frustrated.

"He's taken a position that 'The climate is changing, but we don't have any danger signs,' " said Ali Mirzakhalili, air quality management chief for DNREC.

Recently branded "a favorite scientist of the global warming denial machine" by one national environmental group, Legates said he was following scientific evidence in arguing the institute's position in the court case. He has taken similar positions dating back to at least 1998, while a professor at Louisiana State University.

"The science brought in by the one side had given a more extremist view of climate change," Legates said. "What we're trying to say is, the science isn't necessarily that well settled, and in many cases it isn't that extreme. I'm not saying it isn't a problem."

As state climatologist, a position the state doesn't fund, Legates collects and shares climate data with the National Climatic Data Center, the Northeast Regional Climate Center and the National Weather Service office in Mt. Holly, N.J. Similar positions exist in 41 other states and Puerto Rico, generally staffed by state employees or university staffers.

"I don't think the doctor [Legates] speaks for the state's position," said Philip Cherry, a DNREC administrator who recently invited Legates to address agency employees. "I think the governor speaks for the state's position."

Delaware has accepted the view human activities contribute to global warming, and changes are needed to curb risks of sea level rise and climate change. The state adopted a plan to reduce greenhouse gas emissions in 2000.

An updated report on global warming and its consequences by the Intergovernmental Panel on Climate Change, due Friday, is expected to include forecasts of rising sea levels and changing weather and climate conditions worldwide.

Legates disputes warnings

Federal scientists have long warned that sea-level increases could be most pronounced along the mid-Atlantic, including the shores of the Chesapeake Bay and Delaware Bay.

Some forecasts have predicted that Delaware could lose 50 percent or more of its tidal wetlands under worst-case scenarios.

But during a presentation sponsored by the conservative Heritage Foundation last year, Legates said, "This has become climate alarmism."

Then in early 2006, the National Policy Research Center, a conservative think tank, published a paper by Legates saying science "does not support claims of drastic increases in global temperatures over the 21st century, nor does it support claims of human influence on weather events and other secondary effects of climate change."

NPRC listed Legates as an adjunct scholar at the time the paper was released, as well as director of the University of Delaware's Climatic Research Center.

In 2003 Legates was called to testify in the U.S. Senate by Sen. James Inhofe, R-Okla, a global warming skeptic prone to talk of "debunking" scientific climate change conclusions that are now widely accepted.

During that testimony Legates disputed findings of the international panel, saying researchers failed to prove recent warming trends or that human causes are "the only significant factor."

Wilmington resident Chad Tolman, a retired DuPont Co. research scientist who held positions with the National Academy of Sciences, said Legates' position clashed awkwardly with most Delaware scientists.

"I just don't know how, in the face of all the evidence, [he] maintains [his] position," Tolman said.

Cherry, who is managing Delaware's efforts with other states to cap regional greenhouse gas emissions from power plants, said Legates was free to take a stand that contradicts Delaware.

"But I have to say he's in the very small minority," Cherry said.

Contact Jeff Montgomery at 678-4277 or jmontgomery@delawareonline.com.

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