Skip to comments.Climate activists to launch flurry of suits across U.S.
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.
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 ...
No matter who wins or loses, the lawyers always win.
That won't be hard - just take your pick of any Obama nominated judge.
These insane eco-lawyers need what Osama Bin Laden just got. They are more destructive. They are like a thousand mini-Bin Ladens.
Should be a bounty on the b**tards!
“There must be some way to play their own game against them.”
There is. Find a friendly court and a friendly lawyer. Sue them for 100 million dollars for wrecking the environment.
Cite every unintended consequence that the group has done. Things like burning down homes and forests in California because they did not allow old growth cutting.
Do the same all over the country.
This is another reason we need “loser pays”.
This HAS to have some funding from the Obama Administration through some Federal grant.