Posted on 03/08/2018 11:05:29 AM PST by Enlightened1
A federal appeals court ruled Wednesday in favor of 21 children and young adults suing the U.S. government for not doing enough to protect their constitutional right to a stable climate.
The Ninth Circuit Court of Appeals judges refused to grant mandamus relief and block the U.S. District Court in Oregon from hearing the suit, which was originally filed by the environmental group Our Childrens Trust in 2015.
A federal judge in Oregon ruled in 2016 the 21 youngsters had standing to sue. President Donald Trumps administration and oil and gas groups appealed the decision in June 2017. They asked judges to end this clearly improper attempt to have the judiciary decide important questions of energy and environmental policy and upset the balance of powers. The Ninth Circuit disagreed.
There is enduring value in the orderly administration of litigation by the trial courts, free of needless appellate interference, Judge Sidney Thomas wrote on behalf of the court.
If appellate review could be invoked whenever a district court denied a motion to dismiss, we would be quickly overwhelmed with such requests, and the resolution of cases would be unnecessarily delayed, Thomas wrote.
The ruling is a victory for environmental activists seeking to use the courts to force the Trump administration to issue regulations to phase out fossil fuels. Julia Olson, Our Childrens Trust chief counsel, said the ruling gives a green light for trial.
Olsons case on behalf of youngsters argues constitutional rights to life, liberty and property are being violated by the federal governments failure to enact policies to stop catastrophic global warming.
Plaintiffs say the right to a stable climate comes from the public trust doctrine the idea certain natural resources should be protected for enjoyment of future generations. Policies to encourage coal, oil and natural gas use...
(Excerpt) Read more at dailycaller.com ...
That's for a start.
They can't have it both ways.
And these kids think that power comes in a little box marked "Do not open. Will harm environment."
Pssst....and stop exhaling and farting you rotten little varmits.
Is there a point at which the Trump Admin calls their bluff?
Just ... nope. We are not going to contest. We’ll comply with what the court orders us to do, we will show up for example, but we aren’t going to argue the case. We have serious business to do and we refuse to be distracted.
I wonder if the ninth court really would follow through, or if this nonsense would ever advance otherwise. This strikes me as so preposterous that Trump should just ignore ... to the extent that the law allows. He should NOT dare them; he should not defy in advance; he should just have his lawyers show up, register as present, and then decline to engage somehow.
their constitutional right to a stable climate. Which amendment is that?
“their constitutional right to a stable climate. “ Oh, it must be annotated right next to abortion rights and the requirement to possess a government issued authorization to keep and bear arms. I see. Somebody’s been in the coke bowl again.
This must be the Californistan version of the Constitution. I can't find this right in my version Must be Amendment 9 3/4 the same one that also gives rights to unicorns.
” suing the U.S. government for not doing enough to protect their constitutional right to a stable climate.”
News Flash! - That’s not the Government’s job.
What’s with these people? I think it’s time to give
the MMPI test to these Judges. Failure of the test would
not surprise me, and ..... they should be removed upon such
results. Promptly removed!
Id love to see the SCIENCE of climate history , and assessment - the REAL SCIENCE to go to court
my favorite question for libs
what happens every 110000 years kids ?
A: ICE AGES
what causes them ?
A: predictable changes in solar insulation
GAME OVER
The Clowns of the Ninth Circus at work again.
So only trannies can make law now?
This would be hilarious if it was satire; but sadly, actual judges appointed to an actual federal court actually did this.
Constitutional right to a stable climate? The whole 9th. should be hauled off in straitjackets.
A federal appeals court ruled Wednesday in favor of 21 children and young adults suing the U.S. government for not doing enough to protect their constitutional right to a stable climate.
—
The left is just certifiably insane. What’s next, their “constitutional right” not to have anything they believe challenged? Oh, wait . . . they already think they have that.
This could be a blessing in disguise.
In order to win a suit like this you have to provide proof you were harmed.
Let’s see what ‘proof’ they can provide that global warming exists...
So the ninth rules that citizens of California cant ur the state if the state government refuses to honor prop 8 or even defend it after it was legally enacted because they somehow dont have standing.
But the ninth rules children have standing to sue Trump for not controlling Mother Nature? (Which is neither a constitutional protection or right or power that the government can enforce so how can the people sue?!)
Its madness and insanity.
There is a Constitutional Right to weather?
Must be in the fine print....
Thats a Guy
Lets not even get into the FACT that regulating the climate to be 72 degrees will have massively catastrophic events worldwide!
You want climate change damage? You cant get the ninth to let children sue California for taking in millions of illegals which led, directly, to the water shortage and more pollution. (As if millions of citizens wont drain your reservoirs faster)
Nooo... thatd be hateful....
If one can sue for disrupting the climate, then one can also sue for disrupting the economy or for disrupting our national security by not doing enough to deter foreign threats, punish domestic crimes or enforce our borders.
And one can sue any branch of government, past or present.
So if this stands, then let all these suits commence!
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