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Posted on 05/04/2011 5:43:28 PM PDT by 1010RD
BILLINGS, Mont. — A group of attorneys using children and young adults as plaintiffs plans to file legal actions in every state and the District of Columbia today in an effort to force government intervention on climate change.
The courtroom ploy is backed by high-profile activists looking for a legal soft spot to advance a cause that has stumbled in the face of stiff congressional opposition and a skeptical U.S. Supreme Court.
The goal is to have the atmosphere declared for the first time as a "public trust" deserving special protection. That's a concept previously used to clean up polluted rivers and coastlines, although legal experts said they were uncertain it could be applied successfully to climate change.
SNIP...
Speth, now at the Vermont Law School, said public trust litigation over climate change could work if its backers can find a judge willing to innovate a new area of law.
Yet that outcome could only result if a judge is willing to buy into what conservative analyst Hans von Spakovsky called "a creative, made-up legal theory."
"This is a complete violation of our whole constitutional system. These kinds of public policy issues are up to either the state legislatures or Congress to determine, not judges," said von Spakovsky, a senior legal fellow at the Heritage Foundation.
(Excerpt) Read more at chicagolawbulletin.com ...
There must be some way to play their own game against them.
Between attorneys and EPA, our air and water will be rationed or discontinued.
Either way...PAY UP!
Hmmmm. If some black robed tyrant buys into this legal theory, then I think I shall hire a lawyer to represent my kids against the massive amount of debt which is being put upon them before they have even had a chance to have any decision in the matter.
So, they filing their lawsuits in China, Mexico and India?
These cases should be thrown out of every single court based on the fact that they’re going to be filed under false pretenses.
Who is to say what the optimal climate should be for a particular state? Or the optimal carbon dioxide level? What if, say, a warmer Wisconsin would produce more milk and cheese than it does now? Does that count in the equation?
These court-clogging opportunists should be horse whipped.
And we taxpayers will fund them.
ML/NJ
Lawyers are scum and filth.
Didn’t the Supremes just rule against buck shot class action Lawsuits. (Corps won)
Go sue them for using up more than their fair share of the air. Make sure you do that in a court where they are filing suit.
Climate activists appeal to judicial activists to launch flurry of suits across U.S.
More accurate.
This points up the flaws in liberal thinking in general terms.
They want to find a judge willing to innovate a new area of law. This is strictly a liberal thought process. Only liberal radical types look to the courts to “innovate” law. Laws are not supposed to be made by courts.
And by filing in 50 states and DC, they are hoping to find at least one such judge willing to innovate for them. And just one favorable ruling could set in motion a chain of events leading to judges setting up cap and trade, or more draconian regulations.
This points up the importance of having conservative judges in our courts. A good common sense conservative would throw this crapola right out of court. Only a liberal mindset would allow lawsuits like this to proceed, and/or rule favorably on them.
This is a good example of legislating from the bench. The liberals couldn’t get cap and trade passed in Congress even when both houses of Congress were in Democrat hands. So now they look to force something through the courts. We’ve played this scene before.
As if THAT'S ever made a difference......
These nutcases want to take us back to 1960s levels of energy usage, and the attendant drop in standard of living, over a scam cooked up by the symbiotic evil of Big Science selling their souls for grants and Big Government lusting after more power.
No thanks.
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