Montana tries to shut down Ed Berry’s climate business is Resolved

On Thursday, February 24, I drove from Bigfork to Helena – a 3.5-hour scenic drive each way – to participate in the mediation between me and Montana’s DOR.

The mediation took 2 hours. The mediation judge was fair and not partial to DOR. We focused on accounting rules and data.

I got everything I asked for. Montana now recognizes “Ed Berry LLC” as a for-profit R&D business. Now, I can spend 100% of my work time on my business.

I cannot get back the nine months of time I spent on this DOR issue. Like everyone else, I have only 24 hours every day. DOR apologized for taking so much of my time.

However, I will recover from that time loss with the new products and services I plan for 2022.

You will get more emails from me, and I think you will like what I will offer you in 2022.

My sincere thanks to all of you who supported me and purchased my products in 2021.

Ed

On February 24, the State of Montana will try to shut down Dr. Ed Berry’s climate business

Dr. Ed Berry moved from California to Montana in 2008.

In 2011, he led the fight that stopped the “Our Children’s Trust” climate petition in Montana’s Supreme Court, thereby saving the State of Montana millions of dollars per year in perpetuity.

His testimonies in the Montana Legislature stopped more Democrat-sponsored climate bills, saving Montana more money.

According to attorney Quentin Rhoades, the 2011 Montana Supreme Court ruling makes it illegal in the State of Montana for any person paid by the Montana government, university, college, school, DOR, etc., to teach or assume that human CO2 causes dangerous climate change.

In January 2017, Dr. Berry began his 5-year research project.

His goal was to prove human carbon emissions do not cause all the increase in atmospheric carbon dioxide, as the UN Intergovernmental Panel on Climate Change (IPCC) and all climate alarmists claim.

On December 14, 2021, he successfully completed his 5-year research goal, with the publication his landmark peer-reviewed paper, “The Impact of human CO2 on atmospheric CO2.”

His paper proves IPCC’s core climate theory, and all climate alarmism, are based on the scientific fraud that human carbon emissions cause all the increase in atmospheric carbon dioxide.

This fraud is the basis of all climate treaties, laws, regulations, teaching, and taxes.

Montana, even after its 2011 Supreme Court ruling, still teaches this climate fraud to its students.

Montana attacks Dr. Berry’s climate business.

As a result of his opposition to theri climate fraud, climate-change believers would like to disappear Dr. Ed Berry. He expected to have enemies in the private world due to his scientific position that contradicts the dominant climate confusion.

However, he never expected climate alarmists would use taxpayer money and government power to try to shut down his climate business.

On July 20, 2020, Montana’s Department of Revenue (DOR) began its “audit” of Dr. Berry’s single-person climate business.

DOR’s “audit” conscripted his professional time to work on his business during August, September, November, and December of 2020, and January and February of 2021.  

In April 2021, DOR wrote it found no errors in his bookkeeping, but “determined” without giving any adequate reasons, that his business was “not for profit” and, therefore, disallowed all his business expenses since January 2017.

DOR spent more money trying to disappear Dr. Berry than it would receive if its claims against Dr. Berry were true. No matter what the outcome, DOR’s attack is a net loss for DOR and Dr. Berry.

Since DOR’s “determination” is factually false, Dr. Berry appealed DOR’s determination. This appeal conscripted his professional time for May and June of 2021.

On December 8, 2021, DOR’s letter, under the letterhead of Governor Greg Gianforte and DOR Director Brendan Beatty, rejected Dr. Berry’s June appeal.

Director Beatty knows about Dr. Berry’s appeal because a Montana Senator informed him of this in June 2021. So, it does not matter whether he is a Republican, Director Beatty is working for the Democrats.

Dr. Berry does not say this because he wants a favor. He says it because this DOR attack is not an audit. It is a lynching!

Since DOR’s December 2021 letter rejects facts and uses fraud, lies, and illogical reasoning, Dr. Berry hired an attorney and appealed this DOR’s December letter.

DOR will mediate his appeal beginning at 1:00 pm on Thursday, February 24, 2022.

DOR’s December 2021 letter reeks of a personal attack on Dr. Berry.

DOR has attacked Dr. Berry over his business “intent.” Intent may be the most elusive legal attack one can make because it claims to read the defendant’s mind, or worse, to rule whatever it wishes, and to hell with the defendant’s true intent.

DOR ignores that his book, Climate Miracle, and its included advertising of his services, proves Dr. Berry’s intent is “for profit.” DOR ignores many other facts that prove his intent is for profit. He has been in the for-profit business since 1965 and his “intent” did not change when he moved to Montana.

You will learn the details about this DOR attack soon.

Since the mediation preparations are confidential, Dr. Berry cannot tell you more details at this time.

After the mediation, he will show DOR’s December letter and his responding mediation statement (with redactions) on his website. You will see how DOR’s December letter belittles Dr. Berry and his climate research and has the same tone that climate alarmists use when they attack him personally in their public opinion letters.

Then you will be able to judge for yourself whether the State of Montana has treated Dr. Berry fairly or unfairly.

Conclusions

The intent in question is the intent of those who “control” Montana’s DOR.

The State of Montana conscripted nine months of his professional time (40 weeks at 40 hours per week at $300 per hour), irreversibly and severely damaging his climate business, and cost him the opportunity to properly market his products and services.

The State of Montana also damaged Montana’s reputation for being a good state for a small private R&D business, and it lost the opportunity to use Dr. Berry’s time to help the State of Montana.

Montana could have contracted with Dr. Berry to tell the climate truth, according to Montana’s Supreme Court, to students in its universities, colleges, high schools.

27 Comments

  1. I have appreciated Dr. Ed Berry’s work for a few years and it has been supported by many true scientists, both directly and indirectly many times. The physics of the atmosphere is really pretty simple as explained by Berry. I am very upset that the State of Montana has any opposition to Dr. Berry and any support for those who would claim human action has a major impact on the climate. The earths climate temps have cycled warmer and cooler for millions of years. In the 1970’s scientists claimed we were headed toward destructive cooling. Dr. Berry’s science work is “right on”.

  2. The behaviour of the Montana state authorities is disgraceful. Ed Berry’s work will save the state, the USA and the world huge amounts of money, and will save the idiotic wastage of financial resources for no effect on the climate.
    He should be lauded, not prosecuted!

  3. The moronic actions of the bureaucrats in Montana are typical of the illogical and highly dangerous mindlessness of these kinds of individuals who themselves have been brainwashed into believing nonsense. They have fallen victim to ‘mass formation’ psychosis and the kind of ‘death of mind’ so ably described by Belgian psychologist Mattias Desmet.
    They are dangerous, zombies and must be opposed in the most vigorous way.

  4. I have info that could be of help. First of all I am an engineer with 25 years as a licensed PE working in the field of environmental safety and health. Up until about 2 wks. I had been claiming fraud as you, S Fred Singer, Marc Marano and others have claimed. Then it came to me that humans and other animals are exhaling CO2 to the atmosphere and that amount, which can be estimated, and should be deducted from the FF contribution. When I went on line and made the claim, all hell broke loose. My computer was hacked, Had to buy a new computer. The concept is not rocket science, The average person can understand the fraud behind the AGW claim. If you can get the fraudsters in court I think you would win. I stand ready to provide additional help.

    1. Our court systems for the most part are as corrupt as our politicians. There’s only one way to deal with tyranny!

  5. This is a typical politically correct response from those ignorant of the scientific facts.
    The major GHG is water vapour. It and clouds are active over some 80% of the Infra Red spectrum where radiation from Earth occurs.
    Carbon dioxide is only effectively active as a spike at ~14.9um, a spectrum also partially covered by water vapour, limiting any additional warming as this spectrum becomes saturated.
    The increase in atmospheric carbon dioxide alway follows a natural warming, not the other way round.
    The Sun is now entering a Grand Solar Minimum of some 33 years (Zharkova et.al). The world has always cooled when this occurs.
    Hang in there Dr Ed, the truth will inevitably prevail.

  6. That’s new, never been called political correct before. Water vapor is the major GHG. I should not have to remind an expert such as yourself that water evaporates over a wide range of temperatures and that it has an effective molecular wt. of 18. where as CO2 is about 44. Water vapor rises in the atmosphere, cools in the upper stratisphere, releases contained heat, and we get much needed rain. There is no way scientists can measure the amount of heat transferred by water vapor. One more thing, I am aware of the feed back BS that was introduced by Gordon MacDonald without any peer review.

  7. Unfortunately, this world does not run on truths and facts. It runs on lies, frauds, briberies, opinions, idiologies, power and money. We can all see this if we want to. Like the mRNA vaccines have nothing to do with health but everything with lies, frauds, briberies and money. Probably even with depopulation. In a fair world, Trump would be president and the peaceful truckers in Ottawa would not be assaulted and beaten by UN police.
    I don’t say give up, but understand it is a struggle for so many.
    I hope and pray that things get better for you Ed and for humanity.

  8. This is obvious harassment at minimum. Banana Republic stuff in MT, USA!! We definitely are witnessing versions of tyranny and lawlessness all around us now. Not sure what the hell they’re thinking but it’s very unsettling they should be so obvious with their corrupt behavior.

  9. The climate threat is false, both because of the physics involved, but even more so due to basic economic analysis. So even if the alarmists were right on physics, they are deadly wrong about climate policies. They are fighting a ghost and losing a war – but for a short time able to keep the public in the dark. The most dangerous thugs are not the officials involved in this sad case, but the thousands of silent economic professors, selling their souls for political reasons or private profits.

  10. Ed:

    It is difficult to fight the nonsense about CO2. But we must keep trying. The consequences of demonizing CO2 hurt everyone.

    Best wishes,

    Doug Lightfoot

  11. Dr. Ed
    I have never seen any claim of not-for profit on this site. I gladly paid for your book. I always considered your site a valuable resource and have always been grateful that you found a way to maintain it. I sincerely hope the State backs off their position as I believe they have little cause to uphold it.

  12. Keep up the battle, as I am confident that you will. There are so few clear voices in the climate field!! I am a Chemistry Prof. at MSU and would be happy to help, if there is anyway that might be imagined.

  13. Congrats on your recent favorable resolution of your dispute with Montana’s DOR. Keep up the fight to negate the ridiculous, unfounded threats of climate change.

  14. I am also thrilled to hear the news from you today. Congratulations! I am Canadian. As I’m sure your aware, we have as much lying and deceit here now as you do in the US. I am not a climate scientist; I am a retired psychologist who has long been interested in the climate scam. This is not today’s only scam, as we all know. Good luck, Ed. We can all only keep trying.

  15. I am so happy to hear that you have been given a rightful conclusion to this travesty and can now move on. However, it is certainly a warning on how the powers to be can try to suffocate any deviation from what they deem to be the “correct” outlook on climate. I look forward to your discussions which are always methodical and logical, what many other scientists in this field are currently lacking.

  16. Doctor Ed, do you realize climate was always the New World Order Charade concocted by the Club of Rome/United Nations member Maurice Strong’s 1988 IPCC, pseudo-science global warming fear Charade, to give their New World Order momentum for the 21st Century. Signed by most countries in 1992 as the global governance extension the 1975 UNIDO/Lima Declaration, which committed all Industrialized countries to at least a 25% reduction in Industry by the year 2000, to developing countries!!

  17. Congratulations Ed,

    We need all the help, truth and freedom we can get. We have allowed tyrants and control freaks to take power ever since Al Gore was allowed to lie to the public and kids for personal gain. Until we force scientific transparency and end the doom, these people have the excuse to control everything we do. Only takes one honest leader to make truth shine once more.

    –Keith R. Ball

  18. The “New World Order” so desperately sought by IPCC is not “New” It is just, yet again, communism. Which as well all know, never works. They are just following down the Marxist rule book as per Mark Levin’s book American Marxism. Future generations will wonder how on earth such a fiasco could have eventuated.
    Ed Berry gets to the core issues of AGW
    Congratulations.

    1. Exactly, but you are both right, treading the marxist path to global socialism, then full on communism red China style after that as the Chinese gain full control over the whole shebang which they would one way or another.

  19. Great to hear Dr. Ed. that your tax issues have been resolved. Only the leftists try to use the power of government to stifle free speech.

  20. Dr. Berry,
    Congrats, this is fantastic news.

    I look forward to you pursuing your work.

    Best regards,
    Jim Johnson

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