Posted on 05/01/2018 7:24:34 AM PDT by Oldeconomybuyer
An Anchorage judge heard arguments Monday on whether a lawsuit brought by sixteen young Alaskans suing the state over climate change should advance.
The plaintiffs in the case, Sinnok v. State of Alaska, argue the state is violating their constitutional rights by failing to limit greenhouse gas emissions – and they’re asking the courts to intervene.
But the state says climate change policies must be decided by the legislature and the executive branch, not the courts.
About a dozen of the young plaintiffs, ranging in age from elementary school to their early 20s, sat in the front row of the small courtroom during the hour-long arguments.
They watched as Assistant Attorney General Seth Beausang, arguing for the state, asked the court to dismiss the case entirely. Beausang said past court rulings have established that only the elected branches of government can balance the impacts of climate change against other interests, like economic development.
“The court said that weighing all those interests was a policy decision entrusted to the political branches, and not to the courts,” Beausang said.
That ruling came in a similar climate change case, Kanuk v State of Alaska, dismissed by the Alaska Supreme Court in 2014.
That case and this new one were both brought with the help of an Oregon-based nonprofit, Our Children’s Trust, which has filed legal actions on behalf of young people across the country demanding action on climate change.
The young plaintiffs in this case say that in the years since the 2014 Supreme Court ruling, Alaska has implemented a de facto climate policy by continuing to encourage activities like oil and gas production. Attorney Andrew Welle of Our Children’s Trust, argued that this policy violates the plaintiffs’ constitutional rights, requiring the courts to step in.
“The state’s climate and energy policy is causing catastrophic harm to Alaska’s climate system and endangering plaintiff’s lives and liberties and their very futures,” Welle said. “These claims are squarely within the authority of the court.”
Bob Shavelson is with the environmental group Cook Inletkeeper. His five- and eight-year-old daughters are named as plaintiffs in the lawsuit. Standing in the hallway outside the courtroom after the hearing, he said the case is about much more than which branch of government is responsible for policymaking.
“I think it’s one of the most important lawsuits, if not in the past decade in Alaska, in the state’s entire history,” Shavelson said. “We’re really talking about the future of Alaska here.”
Alaska Superior Court Judge Gregory Miller will decide whether the case can move forward. Attorneys for both sides said they expect a ruling within the next six months.
A proper judge would demand that the bailiff use his taser on all of the kids and their lawyer.
Alright, alright. Now the court will order a cooling off period? Bwahahahahaha! And is that oberstormfurher hogg in the picture?
Yeah...let’s let a bunch of kids decide policy for the whole, freakin’ state. Where’s David Hogg...he needs to get in on this, there will cameras and microphones galore.
Is it me or is the judiciary becoming too powerful? I thought it was supposed to be three equal branches, yet one judge can apparently order the President to do this, or a legislature to pass that, etc.
Waiting for that Hogg fella to offer his wisdom/input.
Discovery should be used to expose the massive manipulation of climate data.
In the picture. ;-)
Or overturn a legal vote because someone is offended? Srsly? Disgusting state of affairs.
Constitutional right to what? I can’t lay my finger on that amendment.
Who are COURTS accountable to? Has anyone asked this question before?
No. Political Question Doctrine.
No, they cannot. However, in today’s bizarro world everyone in our government (including the judiciary) are assuming power and authority that they do not possess.
Exhibit A - the former director of the FBI
Exhibit B - insert your favorite district court Judge here
Exhibit C - refusal to turn over documents to the oversight committees
Children, please turn in all your electronic devices, game systems, video games, smart phones and all other devices made from petroleum by products and using electricity to power...
you don’t want to ... case dismissed.
“Constitutional right to what? I can’t lay my finger on that amendment.”
Sure! It’s right there between the constitutional rights to an abortion and to marry whatever one wants to marry.
/s
The plaintiffs in the case, Sinnok v. State of Alaska, argue the state is violating their constitutional rights by failing to limit greenhouse gas emissions – and they’re asking the courts to intervene.
i.e. it is so broad as to either be laughed out of court or lead to tyranny.
It happened as a result of civil service tenure and unions. It used to be than an executive could fire any employee who chose to obey a ridiculous court order, rather than his superior. Take that away, and the power of these absurd judges vanishes.
Lately it seems the courts can order what you have for lunch.
OK!! Everybody pay attention!
Lesson for today:
1. The sun is 1,300,000 times as big as the earth.
2. The sun is a giant nuclear furnace that controls the climates of all its planets.
3. The earth is one of the sun’s planets.
4. The earth is a speck in comparison to the size of the sun.
5. Inhabitants of the earth are less than specks.
Study Question: How do less-than-specks in congress plan to control the sun?
Smart move. Just make it illegal for the climate to change. That’ll stop the sun from shining.
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