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Federal Judge OKs Global Warming Lawsuit
Washington Post (AP) ^ | 8/24/2005 | DAVID KRAVETS

Posted on 08/24/2005 6:39:35 PM PDT by wjersey

SAN FRANCISCO -- A federal judge here said environmental groups and four U.S. cities can sue federal development agencies on allegations the overseas projects they financially back contribute to global warming.

The decision Tuesday by U.S. District Judge Jeffrey White is the first to say that groups alleging global warming have a right to sue.

"This is the first decision in the country to say that climate change causes sufficient injury to give a plaintiff standing, to open the courthouse door," said Ronald Shems, a Vermont attorney representing Friends of the Earth.

That group, in addition to Greenpeace and the cities of Boulder, Colo., Santa Monica, Oakland and Arcata, Calif., sued Overseas Private Investment Corp. and the Export-Import Bank of the United States. Those government agencies provide loans and insure billions of dollars of U.S. investors' money for development projects overseas. Many of the projects are power plants that emit greenhouses gases that the groups allege cause global warming.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: News/Current Events
KEYWORDS: energy; globalwarming; lawsuit; powerplants
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Here we go again
1 posted on 08/24/2005 6:39:36 PM PDT by wjersey
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To: wjersey
Is there just no stopping these MORONS ?????
2 posted on 08/24/2005 6:40:50 PM PDT by xcamel (Deep Red, stuck in a "bleu" state.)
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To: wjersey

Perhaps we should get the guvmint out of such esoteric undertakings to avoids such lawsuits in the future.


3 posted on 08/24/2005 6:42:23 PM PDT by Thebaddog (How's yer dogs?)
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To: wjersey

Does this mean I can sue McDonalds for all the garbage thrown in my yard by bird watchers who eat at McDonalds?


4 posted on 08/24/2005 6:44:36 PM PDT by BykrBayb (Impeach Judge Greer - In memory of Terri <strike>Schiavo</strike> Schindler - www.terrisfight.org)
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To: wjersey

So basically, a judge just opened a back door to usurp the legislature and take over environmental policy.


5 posted on 08/24/2005 6:44:44 PM PDT by Dreagon
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To: xcamel

Abusers of the legal system are also its destroyers.


6 posted on 08/24/2005 6:46:26 PM PDT by Texas_Jarhead
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To: Texas_Jarhead

It's getting to the point where all federal judges need to take an annual IQ test to keep their bench.


7 posted on 08/24/2005 6:49:43 PM PDT by xcamel (Deep Red, stuck in a "bleu" state.)
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To: wjersey
This one really deserves this:


8 posted on 08/24/2005 6:52:52 PM PDT by Bushbacker1 (Kill 'em til they're dead! Then, kill 'em again!)
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To: wjersey

There is a lot of good science that debunks this Global Warming poppycock. I hope the attorneys for the plaintiffs bring all of it out in open court.


9 posted on 08/24/2005 6:52:56 PM PDT by Bloody Sam Roberts ("It's a 'dog eat dog' world out there and I'm wearing Milkbone underwear.")
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To: xcamel; Texas_Jarhead

10 posted on 08/24/2005 6:53:17 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: wjersey
"This is the first decision in the country to say that climate change causes sufficient injury to give a plaintiff standing, to open the courthouse door," said Ronald Shems, a Vermont attorney representing Friends of the Earth.

What a combination, an a***ole and a moron!
The decision said no such thing!

The decision (still to be validated) is that this judge believes that they have standing to sue. I disagree.
Whether climate change can be shown to be man-made (I love the "climate change" gambit), and consequently actionable is a whole other thing.

I see a few thousand amici curiae signing on to prove the plaintiffs are fraudulent, ignorant imbeciles, with a wannabe cavedweller death wish.

11 posted on 08/24/2005 6:54:01 PM PDT by Publius6961 (Liberal level playing field: If the Islamics win we are their slaves..if we win they are our equals.)
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To: wjersey

I'm waiting for someone who is unemployed to sue the enviro-terriorests because of loss of employment!


12 posted on 08/24/2005 6:54:18 PM PDT by southernerwithanattitude (new and improved redneck)
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To: xcamel; All

This Judge was appointed in 2002 by GDubya.

The thread with entire article I just posted got yanked for this excerpted thread.

Folks... PLease try and get sources that we can pull entire articles from, this excerpt stuff is not always necessary.

Thanks
NR


13 posted on 08/24/2005 6:54:43 PM PDT by NormsRevenge (Semper Fi ... "To remain silent when they should protest makes cowards of men." -- THOMAS JEFFERSON)
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To: wjersey

bring it on, as they say.


14 posted on 08/24/2005 6:55:04 PM PDT by the invisib1e hand (see my FR page for a link to the tribute to Terri Schaivo, a short video presentation.)
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To: wjersey

Jeffrey White is the kind of activist jughead we need to get rid of. Little Jeffrey, Jeffrey, Jeffrey thinks he's some kind of little god. What the hell does a "judge" know about science? Global warming HAS NEVER BEEN PROVEN. This jughead White needs to stay on familiar ground and disregard everything that this bunch of anti-capitalist wackos tell him.


15 posted on 08/24/2005 6:57:38 PM PDT by FlingWingFlyer (We did not lose in Vietnam. We left.)
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To: wjersey

Hmmmmm.....wonder if we can sue the UN for ineptness? If I were a Nigerian or Sudanese I'd be trying....


16 posted on 08/24/2005 6:58:53 PM PDT by goodnesswins (Our military......the world's HEROES!)
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To: wjersey

So IF they were actually able to prove global warming and IF they were able to prove some sort of damages, who gets a share of the judgment, everyone on the planet?


17 posted on 08/24/2005 7:00:13 PM PDT by wallace144
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To: wjersey

Junk Judges and Junk Science.


18 posted on 08/24/2005 7:02:23 PM PDT by harpo11 (Clinton's Wall of Separation--Terrorists Attacked Our Nation)
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To: wjersey

I wanted it to rain today, but it didn't. I'm a victim! Who can I sue?


19 posted on 08/24/2005 7:03:15 PM PDT by American Quilter
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To: NormsRevenge
The thread with entire article I just posted got yanked for this excerpted thread. Folks... PLease try and get sources that we can pull entire articles from, this excerpt stuff is not always necessary.

You can't post full articles from the WP.

20 posted on 08/24/2005 7:06:27 PM PDT by WildTurkey (When will CBS Retract and Apologize?)
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To: NormsRevenge

Important Legal Notice:
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Any full text articles from LAT or WP or subsidiaries or affiliates will be deleted in compliance with this settlement. Click to see a copy of the Amended Final Judgment in this case.


21 posted on 08/24/2005 7:09:18 PM PDT by WildTurkey (When will CBS Retract and Apologize?)
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To: Bloody Sam Roberts
This actually might be a good thing. These groups would have to prove global warming is caused by greenhouse gasses.

I don't think you can "prove it". It's a 'reasonable' theory, but even if a civil case, I don't think you could prove it by a "Preponderance of the Evidence." Not enough data in last 50-100 years to overcome millions of years of 'natural' climate changes.

http://www.opic.gov/GeneralOPIC/faqs.htm - OPIC FAQ's

Q - If OPIC operates at no cost to the taxpayer, how can you sue it for overseas projects they financially back? It looks like an 'insurance company'

"Charging user-fees for its services, OPIC operates at no net cost to the American taxpayer. OPIC’s political risk insurance, project finance and investment funds fill a commercial void, create a level playing field for U.S. businesses and support development in emerging economies."
22 posted on 08/24/2005 7:11:06 PM PDT by cajun scpo ([facts matter])
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To: wjersey

Wow - it's Crichton's "State of Fear". Great book - his plot is very similar to this story.


23 posted on 08/24/2005 7:13:14 PM PDT by SuzyQue (Remember to think.)
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To: wjersey

I can't wait until they sue a volcano!

Mark


24 posted on 08/24/2005 7:17:05 PM PDT by MarkL (It was a shocking cock-up. The mice were furious!)
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To: cajun scpo
These groups would have to prove global warming is caused by greenhouse gasses.

First they'd have to prove Global Warming.

25 posted on 08/24/2005 7:18:59 PM PDT by Jeff Chandler (Peace Begins in the Womb)
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To: wjersey
..a Vermont attorney representing Friends of the Earth.

They should stick to making sandals and syrup in Vermont and leave science to scientists instead of the Tort punks.

26 posted on 08/24/2005 7:20:39 PM PDT by WideGlide (That light at the end of the tunnel might be a muzzle flash.)
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To: wjersey

One more "judge" that needs immediate impeachment. do not pass go - do not collect 200 rubles.

To hell with them if our politicians and other so-called representatives don't do their jobs and trash these POS lawyer scums.

Oh - I forgot - most of them are lawyers themselves - that's why they refuse.


27 posted on 08/24/2005 7:21:03 PM PDT by hombre_sincero
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To: MarkL
I can't wait until they sue a volcano!

Or the Sun.... for fluctuating output.

28 posted on 08/24/2005 7:22:53 PM PDT by Pearls Before Swine
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To: xcamel

Is there just no stopping these MORONS ?????

Sure there is- But someone will object to my using them for target practice.....DARN......


29 posted on 08/24/2005 7:24:03 PM PDT by ridesthemiles (ridesthemiles)
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To: wjersey

The decision is pretty narrow. It was about standing, not the merits, or whether a cause of action was stated. The latter issue comes next. Just what the basis is for the standing is not stated in the article.


30 posted on 08/24/2005 7:24:48 PM PDT by Torie
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To: xcamel

Is there just no stopping these MORONS ?????

Sure there is- But someone will object to my using them for target practice.....DARN......


31 posted on 08/24/2005 7:25:18 PM PDT by ridesthemiles (ridesthemiles)
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To: wjersey
A federal judge here said.....

Ah! the key to the whole mess, when we clean up the SCOTUS this BS will end and with it the arrogance of the left. There days are numbered.
32 posted on 08/24/2005 7:28:03 PM PDT by TheForceOfOne (The alternative media is our Enigma machine.)
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To: MarkL

They should sue the source of the oil that causes most of the problem.


33 posted on 08/24/2005 7:31:51 PM PDT by bdfromlv (Leavenworth hard time)
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To: Torie

Short of a world court, I, too, am puzzled.


34 posted on 08/24/2005 7:32:20 PM PDT by neksterbor
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To: FlingWingFlyer

re: Global warming has never been proven.

Let the defendants take that position and place the burden of proof on the plaintiff. And then cross-examine the plaintiff and his witness. We ought to be able to destroy the Global Warming hoax once and for all with that.


35 posted on 08/24/2005 7:34:50 PM PDT by coloradan (Hence, etc.)
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To: bdfromlv
They should sue the source of the oil that causes most of the problem.

By golly, you're right! Time to sue the dinosaurs!

Mark

36 posted on 08/24/2005 7:41:50 PM PDT by MarkL (It was a shocking cock-up. The mice were furious!)
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To: WildTurkey

I know that. :)

This story is off the AP news wire, however , and not a WP article , only an AP one posted on their site..

There are any number of sources that it can be pulled from and posted in its entirety.


37 posted on 08/24/2005 7:51:14 PM PDT by NormsRevenge (Semper Fi ... "To remain silent when they should protest makes cowards of men." -- THOMAS JEFFERSON)
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To: wjersey

Our judiciary is insane.

It's tar and feather time.


38 posted on 08/24/2005 8:46:22 PM PDT by sergeantdave (Member of Arbor Day Foundation, travelling the country and destroying open space)
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To: coloradan
Don't waste your time arguing about ''global warming''. The mean atmospheric and ocean temps do seem to be rising just now. Of course, 30-50 and 400 years ago, same temps were cooling.

The topic over which to argue formally (i.e. w/a standard of proof) is specifically ''anthropogenic global warming'', that H. Sapiens is either the proximate or the most specific cause of such a phenomenon.

Not one freaking chance in hell of proving that little proposition in a court of law, even these days and even with 12 of the dumbest SOBs you can name sitting in the jury box. (Well, I suppose one should note that 12 stupid SOBs did acquit OJ...)

When science falls into the purview of courts instead of open-source peer review, we're screwed. It would seem that we're well on the way to that sorry end, sadly.

39 posted on 08/24/2005 8:51:54 PM PDT by SAJ
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To: NormsRevenge; WildTurkey
Here is the story from the Albuquerque Journal AP page (notice it's by the same AP writer but not quite worded the same). It's not derived from the Washington Post so should pass muster:

Federal Judge OKs Global Warming Lawsuit

By DAVID KRAVETS
Associated Press Writer

SAN FRANCISCO (AP) -- Environmental groups and four U.S. cities can sue federal development agencies on allegations the overseas projects they back financially contribute to global warming, a judge has ruled.

A coalition of environmental groups sued two government agencies that provide loans and insure billions of dollars of U.S. investors' money for development projects overseas. Many are power plants that emit greenhouses gases such as carbon dioxide that are believed to be a leading cause of global warming.

"This is the first decision in the country to say that climate change causes sufficient injury to give a plaintiff standing, to open the courthouse door," said Ronald Shems, a Vermont attorney representing Friends of the Earth.

That group, in addition to Greenpeace, Boulder, Colo., and the California cities of Oakland, Santa Monica and Arcata, sued the government agencies.

They argued that the National Environmental Policy Act, the law requiring environmental assessments of proposed projects in the United States, should apply to the U.S.-backed projects overseas because they contribute to the degradation of the U.S. environment.

The agencies, known as the Overseas Private Investment Corp. and the Export-Import Bank of the United States, claimed that U.S. environmental regulations do not apply to overseas projects, and that the courts have no right to intervene.

Still, the ruling Tuesday by U.S. District Judge Jeffrey White was narrow. He did not rule whether the federal agencies must perform environmental assessments of projects they help fund, but simply said the environmental groups have a right to sue.

If White's decision stands, the issue of whether U.S. environmental rules apply to the projects backed by the agencies likely will be litigated, Shems said.

Linda Formella, a spokeswoman with Export-Import Bank, said the agency does not comment on pending cases. The Overseas Private Investment Corp. did not immediately return calls seeking comment.

(Federal Judge OKs Global Warming Lawsuit)


40 posted on 08/24/2005 9:25:09 PM PDT by CedarDave (On my way to Crawford from NM for 08/27 rally. Five years a FReeper - 08/17/00)
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To: CedarDave

Thanks.

I may repost this one tomorrow.

There are a lot of details in here that most folks won't see in a excerpted posting or because they don't want to mess with the WP site..

This decision is a reach of authority that smells to high heaven and the Judge is a Dubya appointee, to boot.


41 posted on 08/24/2005 9:31:09 PM PDT by NormsRevenge (Semper Fi ... "To remain silent when they should protest makes cowards of men." -- THOMAS JEFFERSON)
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To: wjersey

The "men in Black" strike again. Pathetic judges overreaching their authority.


42 posted on 08/24/2005 9:51:14 PM PDT by vpintheak (Liberal = The antithesis of Freedom and Patriotism)
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To: wjersey

another judge who deserves impeachment.


43 posted on 08/24/2005 9:52:22 PM PDT by Texas_Conservative2
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To: wjersey
Pass a federal law tomorrow forbidding any such thing and impeach the judge. Loudly promise to impeach as many as want it. The legislative power belongs to the people, not to appointed tyrants. Of and also, get used to utterly ignoring what judges say. When they interpret the law in ways that clearly violate it, interpret it for yourself right back and ignore their edicts. It is all nothing but sophistry.
44 posted on 08/24/2005 9:57:40 PM PDT by JasonC
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To: xcamel
Another brilliancy by this tyrant -

"A California judge ruled that the government cannot automatically stay an immigration judge’s bond order releasing a non-citizen with pending deportation proceedings. President Bush-appointed US District Judge Jeffrey White said that the regulation was not based on a justifiable reason.

"The case involved a post-September 11 immigration regulation that allowed government attorneys to override an immigration judge’s bond order by filing a form that automatically stays the order until the Board of Immigration Appeals makes a finding."

If a judge says "post $500 and you can go be an illegal alien safely, hiding out in podunk", an alien with a pending deportation order should be let go, before the government agency involved even looks into the case.

Why? Because a judge said so, of course! Judges are gods. Bow before Zod.

45 posted on 08/24/2005 10:07:24 PM PDT by JasonC
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To: wjersey

Sounds like another tort lawuer feeding frenzy to me...


46 posted on 08/24/2005 10:13:01 PM PDT by Smokin' Joe (God save us from the fury of the do-gooders!)
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To: wjersey

Global Warming in San Francisco................sure thing. Bring on the evidence.


47 posted on 08/24/2005 10:14:57 PM PDT by bigsigh
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To: southernerwithanattitude
How about we sue the Judge for taxation without representation, a violation of our constitutional rights. If the suit is won by those who are suing all of us will be Taxed.
48 posted on 08/24/2005 10:54:05 PM PDT by KingNo155
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To: MarkL

sounds like reparations


49 posted on 08/25/2005 5:29:18 AM PDT by bdfromlv (Leavenworth hard time)
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To: wjersey


I think we should sue 'Friends of the Earth.'

With the next "Little Ice Age" on the way (the last one was in 14th century BEFORE cars, and return in cycles) we'll need all the "global warming" we can get to moderate it.

Thanks, car drivers!


50 posted on 08/25/2005 4:23:15 PM PDT by 4Liberty ( WELFARE IS NOT THE ANSWER)
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