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Climate activists to launch flurry of suits across U.S.
Chicago Daily Law Bulletin ^ | May 4, 2011 | Matthew Brown

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 ...


TOPICS: Business/Economy; News/Current Events
KEYWORDS: envirowackos; epa; obama
Get ready for more nuttiness.
1 posted on 05/04/2011 5:43:29 PM PDT by 1010RD
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To: 1010RD
How can I sue the Natural Resources Defense Council?

There must be some way to play their own game against them.

2 posted on 05/04/2011 5:46:31 PM PDT by E. Pluribus Unum (Under Islam, there is no separation of church and state. The church IS the state.)
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To: 1010RD

Between attorneys and EPA, our air and water will be rationed or discontinued.
Either way...PAY UP!


3 posted on 05/04/2011 5:47:24 PM PDT by TribalPrincess2U (They don't need to do another 911. They have BHO and the Fleebaggers.)
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To: 1010RD
We need conservative legal eagles to develop a strategy to sue these plaintiffs for economic damage and injury because of their actions. Each suit countered by another suit.
4 posted on 05/04/2011 5:47:43 PM PDT by Truth29
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To: 1010RD

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.


5 posted on 05/04/2011 5:48:34 PM PDT by thecabal (The Golden Rule: He who has the gold, makes the rules.)
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To: 1010RD

So, they filing their lawsuits in China, Mexico and India?


6 posted on 05/04/2011 5:48:40 PM PDT by lonestar (It takes a village of idiots to elect a village idiot.)
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To: 1010RD

These cases should be thrown out of every single court based on the fact that they’re going to be filed under false pretenses.


7 posted on 05/04/2011 5:49:15 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: 1010RD
The only contribution I see to "global warming" is the extraordinary amounts of hot air coming out of the pieholes of these freakish, hard of thinking, ultra liberal enviro-nazies.
8 posted on 05/04/2011 5:49:29 PM PDT by NWFLConservative (Game On.......Fight Like a Girl!!...............Saracuda in 2012)
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To: All

Your Donation To FR Is The Fuel
That Keeps It Running!!
Click here to Donate!!

9 posted on 05/04/2011 5:49:56 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: 1010RD

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.


10 posted on 05/04/2011 5:50:37 PM PDT by HiTech RedNeck (Hawk)
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To: 1010RD
A group of attorneys using children and young adults as plaintiffs ...

And we taxpayers will fund them.

ML/NJ

11 posted on 05/04/2011 5:50:47 PM PDT by ml/nj
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To: 1010RD

Lawyers are scum and filth.


12 posted on 05/04/2011 5:54:18 PM PDT by Emperor Palpatine (One of these days, Alice....one of these days.....POW!! Right in the kisser!!!!)
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To: 1010RD
Speth, now at the Vermont Law School, said public trust litigation over climate change could work if its backers can find a judge liberal activist wacko judge willing to innovate a new area of law legislate from bench.

There, fixed. A countersuit needs to be filed against every one of these suits because they are being filed fraudently (using children and young adults as 'plaintiffs')
13 posted on 05/04/2011 5:55:37 PM PDT by NWFLConservative (Game On.......Fight Like a Girl!!...............Saracuda in 2012)
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To: 1010RD

Didn’t the Supremes just rule against buck shot class action Lawsuits. (Corps won)


14 posted on 05/04/2011 5:57:48 PM PDT by Marty62 (Marty60)
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To: E. Pluribus Unum

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.


15 posted on 05/04/2011 5:57:51 PM PDT by muawiyah
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To: 1010RD
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.

Translation: a liberal activist wearing a black robe.

The lawyers bringing this garbage should be sanctioned for wasting court time and resources. Disgusting to see how law schools have followed the path of public schools -- teaching social activism instead of the more traditional legal concepts embraced by our founders.
16 posted on 05/04/2011 5:59:40 PM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: 1010RD

Climate activists appeal to judicial activists to launch flurry of suits across U.S.

More accurate.


17 posted on 05/04/2011 6:01:34 PM PDT by loboinok (Gun control is hitting what you aim at!)
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To: NWFLConservative

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.


18 posted on 05/04/2011 6:02:39 PM PDT by Dilbert San Diego
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To: 1010RD
These kinds of public policy issues are up to either the state legislatures or Congress to determine, not judges,"

As if THAT'S ever made a difference......

19 posted on 05/04/2011 6:12:52 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: 1010RD

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.


20 posted on 05/04/2011 6:25:35 PM PDT by FreedomPoster (Islam delenda est)
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To: 1010RD

No matter who wins or loses, the lawyers always win.


21 posted on 05/04/2011 6:40:07 PM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
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To: 1010RD
public trust litigation over climate change could work if its backers can find a judge willing to innovate a new area of law.

That won't be hard - just take your pick of any Obama nominated judge.

22 posted on 05/04/2011 7:08:55 PM PDT by Some Fat Guy in L.A. (Wanna learn humility? Become a Pittsburgh Pirates fan!)
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To: 1010RD
Impose tyranny upon us using the courts. The fatal flaw of the constitution. An unaccountable federal court. It has been going on since FDRs day. Time to rise up and say no.
23 posted on 05/04/2011 7:14:01 PM PDT by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: 1010RD

These insane eco-lawyers need what Osama Bin Laden just got. They are more destructive. They are like a thousand mini-Bin Ladens.


24 posted on 05/04/2011 7:19:33 PM PDT by dennisw (NZT - "works better if you're already smart")
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To: 1010RD

Should be a bounty on the b**tards!


25 posted on 05/04/2011 8:03:37 PM PDT by chooseascreennamepat (I have a liberal arts degree, do you want fries with that?)
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To: E. Pluribus Unum

“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.


26 posted on 05/04/2011 8:05:45 PM PDT by EQAndyBuzz (Who is John Galt?)
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To: 1010RD

This is another reason we need “loser pays”.


27 posted on 05/04/2011 8:08:57 PM PDT by Lancey Howard
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To: 1010RD; Defendingliberty; WL-law; Normandy; TenthAmendmentChampion; FrPR; enough_idiocy; ...
 


Beam me to Planet Gore !

28 posted on 05/04/2011 8:18:04 PM PDT by steelyourfaith (If it's "green" ... it's crap !!!)
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To: 1010RD

This HAS to have some funding from the Obama Administration through some Federal grant.


29 posted on 05/04/2011 9:51:23 PM PDT by Thunder90 (Fighting for truth and the American way... http://citizensfortruthandtheamericanway.blogspot.com/)
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