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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
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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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