Current gas prices

[American Patriot]

Jerry Kopel

By Jerry Kopel Is price gouging prohibited in Colorado?
The subject comes up when motorists fill their gas tanks. Colorado is one of 30 states without a price gouging law.
If the hike and drop in gas prices isn't gouging, it still may be a violation of Colorado's Consumer Protection Act (also known as the Deceptive Trade Practice Act.) U.S. Rep. Dianna DeGette and I both believe that law protects Colorado individuals and businesses alike against an artificial increase in gas prices. Here are my thoughts on why the Colorado Consumer Protection Act may be the solution.
It doesn't define "consumer", but it does define "person". The definition of "person"includes not only individuals but every type of possible business including any "legal or commercial entity." Among the many violations persons are protected against is CRS 6-1-105 (1) (l):

"A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person ....makes false or misleading statements of fact concerning the price of goods, services, or property..." (There is a second part not involved in our issue.)

Just as Enron artificially hiked prices of electricity for users in California, gas wholesalers or corporations producing gas may or may not have artificially raised prices. You don't know the answer without a grand jury investigation. Look at the damages section CRS 6-1-113:

"The provisions of this articles shall be available in a civil action for any claim against any person who has engaged in OR CAUSED ANOTHER TO ENGAGE IN any deceptive trade practice listed in this article. An action under this section shall be available to any PERSON who...."

There are several ways to be eligible to be a plaintiff. One is if you are "an actual or potential consumer." Another is if the event occurs "in the course of the person's business or occupation..." If an undefined "consumer" can file a lawsuit, so can the attorney general or district attorney under 6-1-107 to 6-1-111. And any business has standing to file a lawsuit as a "person" in a state court but not use the attorney general or district attorney for enforcement action.
At the least, on behalf of non-business individual transactions, law enforcement should be able to proceed now. And a new statute dealing with protecting Colorado consumers and businesses from price gouging would be a worthwhile addition to Colorado's laws.
Since the Consumer Protection Act covers '' persons" and has been tested in the courts, I believe a complete definition of price gouging, whether gas or any other substance would suffice as an addition to the Consumer Protection Act.
(Jerry Kopel served 22 years in the Colorado House)

[American Patriot]

Apparently, Alaska isn't immune to gouging either...


March 13, 2012 5:40 PM

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Bill calls for investigation of price gouging


JUNEAU, Alaska — A bill banning price gouging in Alaska is getting its first hearing Tuesday afternoon.

Sen. Bill Wielechowski, D-Anchorage, said in a sponsor statement that evidence suggests Alaska's only two gasoline refiners — Tesoro in Nikiski and Flint Hills in North Pole — routinely mark up their cost of crude oil so they can charge artificially high prices. He said SB28 is a response to those tactics and the resulting high prices felt around the state at the gasoline pump and when heating fuel trucks make deliveries.

"The high price Alaskans are paying for motor fuel and heating oil is caused in large part by this refiner mark-up," Wielechowski said in his sponsor statement. Alaskan refiners charge "a rate that far exceeds the markup charged by West Coast refiners."

The bill is co-sponsored by Anchorage Democratic Sens. Johnny Ellis and Hollis French. Under the proposal, the attorney general would be allowed to investigate claims of price gouging by companies refining more than 1 million gallons of fuel per year. A penalty equal to at least 10 times the profit from price gouging could be imposed if a company is found guilty of the practice.

Tesoro responded with a letter to members of the Senate Labor and Commerce Committee in advance of Tuesday's hearing.

The letter is from an Anchorage law firm that represents the Texas-based company, which employs around 200 people in Alaska. It says past state investigations of price gouging have gone nowhere, and Alaska's gas market unique because of its small size and higher production costs.

"The Alaska refining industry," the letter says, "should not now be subjected to the shadow which would be cast by the unsupported, ill-conceived and vaguely worded provisions of SB 28."

A Flint Hills spokesman declined to comment on the proposal, though he also said the market in Alaska is unique and past investigations yielded no prosecution.

The Alaska attorney general's office investigated gas prices in 2009 and found no evidence of illegal price-fixing among sellers. Its report cited market conditions unique to Alaska for causing gas prices to stay high while prices in the Lower 48 dropped.

The attorney general's office performed a similar inquiry in 2002 and drew a similar conclusion.

Five House Democrats have co-sponsored a similar proposal, HB25, but it has yet to receive a committee hearing.

[Malsua]

The Alaska refining industry," the letter says, "should not now be subjected to the shadow which would be cast

That's the problem with an essential commodity. They can charge whatever they like, there are no consequences as people don't have an alternative. I believe everyone should live under the shadow of dire economic consequences if they let their guard down. The best method for this is the free market, which in a "dirty" commodity like this has vast barriers to entry imposed by the government (EPA and reporting requirements) and capital requirements.

If we can't have a free market, then the government is just going to have to punish these thieving mother fuckers.

[Ryan Ruck]

So...

Friday I got gas on base. $3.35 / gallon

Wife got fuel yesterday on the way to work @ 3.55 / gal

THIS MORNING the places she passed have all raised their prices (since yesterday at this time) to everything from $3.65 / gal to $3.70 / gal.

That's about an average increase of over .30 in four or so days.

WTF?

$3.99/gal to fill up the work van earlier today. Van took about 28-29 gals or so.

[vector7]

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April 1, 2012 by Ms. Couponista 1 Comment



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[vector7]

E.P.A. Plans Stricter Limit for Sulfur in Gasoline

By MATTHEW L. WALD
NY TIMES
Published: March 28, 2013

(EXCERPTED)

WASHINGTON — The Environmental Protection Agency will propose a rule on Friday that will cut the amount of sulfur allowed in gasoline by two-thirds to improve the performance of the catalytic converters in engines that fight smog, the agency has told refiners and clean-air advocates.

The proposal has been ready for about 15 months but was delayed until after the election because opponents will argue that it will raise the price of gasoline, according to people familiar with its history.

“They didn’t want to have a big fight during an election year,” said S. William Becker, executive director of the National Association of Clean Air Agencies.


Comment:

-Seriously? This will obliterate what is left of the consumer and make matters much, much worse. The problem is not just the new formula which will impact engine performance, but will cause issues for refineries as the EPA is refusing to issue permits to modify many of the existing refineries due to "environmental impact issues." This is just part of Obama's bid to destroy the middle class and leave us enslaved and no longer mobile under his new world order rule. - JG

[MinutemanCO]

We are now facing an extremely emboldened administration. We need to reboot, and I mean like now.

[American Patriot]

Now... where's that reset button?

Ah, here it is!

[MinutemanCO]

Yup. That's it. Now I wonder when enough is enough. It's clear where this administration is heading. We the people need to stop them before we extend beyond the point of no return. I wish I knew how to organize a movement. Where's Samuel Adams when you need him.

[American Patriot]

the thing I am seeing is no one wants to step forward and say anything... except folks like the guy that said he'd start killing people....

and look what happened, they made an example of him pretty fast taking his concealed carry permit right away.

Seems to me the ONLY way to get things fixed is by marching large numbers of people on the capitol

[MinutemanCO]

We have constitutional authority as a people. We need to exercise it without being intimidated and without backing down. We must unite jettisoning our petty differences and demand change. Then immediately following would be armed effort to take back the government. I ask you, would anyone allow an evil person to move into your home without doing everything possible to remove him? I didn't think so.

[MinutemanCO]

All efforts in this regard to date have been half assed and weak.