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Montana Supreme Court Rejects Global Warming Petition (EPA-Obama-Soros Hogwash Thrown Out)
IceCap, Climate Physics Institute ^ | 30 Jan 2012 | Dr Ed Barry

Posted on 01/31/2012 11:56:25 AM PST by Robert A. Cook, PE

Montana Supreme Court rejects the Global Warming petition by Our Children’s Trust

by Ed Berry

In a precedent-making decision, the Montana Supreme Court dismissed yesterday the Petition for Original Jurisdiction by Our Children�s Trust saying unsettled factual issues related to limiting emissions of greenhouse gasses (GHGs) must first be addressed in a lower court.The Montana Supreme Court followed the recommendations of the Montana Attorney General, and rejected the claim made by Our Children’s Trust in its May 4, 2011, Petition, that a “scientific consensus exists that increasing emissions of greenhouse gases (GHG) are affecting the Earth’s climate.” The ruling forces those filing future GHG-emissions lawsuits to first prove the scientific credibility of their global warming claims by means of legally competent evidence.

As the Montana Supreme Court stated the case:

Petitioners ask us to enter judgment in this original proceeding to declare that the State of Montana (State) holds the atmosphere in trust for the present and future citizens of the State of Montana. Petitioners further contend that this trust imposes on the State the affirmative duty to protect and preserve the atmosphere, including establishing and enforcing limitations on the levels of greenhouse gas emissions as necessary to mitigate human-caused climate change.

But, the Court wrote, it was “persuaded” by the Attorney General�s arguments that the evidence Our Children’s Trust offered for human-caused global warming is in legally substantial doubt:

This disputed record is just one example of the factual determinations this Court would need to make to rule for Petitioners. In addition, it would need to address, among other issues, the current state of climate change science; the role of Montana in the global problem of climate change; how emissions created in Montana ultimately affect Montana�s climate; whether the benefits of energy production must be balanced against the potential harm of climate change; and the concrete limits, if any, of the alleged “affirmative duty” [to restrict CO2 emissions.]

Dr. Ed Berry, Director of Climate Physics Institute (CPI), said “The Montana Supreme Court’s decision was influenced by CPI’s Motion to Intervene which included 118 Intervenors, 13 minor children, 15 state representatives, 7 state senators, and 8 elected state officials.”


TOPICS: Business/Economy; Culture/Society; Government
KEYWORDS: globalwarming; montana; supremecourt
CPI used 2 key scientific exhibits in its Motion to Intervene: A 321-page “Climate Depot Special Report” compiled by Marc Morano and The Heartland Institute’s “Nature, Not Human Activity, Rules the Climate’ edited by S. Fred Singer.

The full legal exhibits may be viewed on www.climatephysics.org. See 1000 Scientists Climate Physics Institute

Also: Climate Physics Institute 29/01/2012 18:38 Dissent and Climate Change Reconsidered.)

Remember: A UK court previously threw out (made it illegal to use in any UK classroom) Gore's terrible propaganda piece a few years ago due its inaccuracies and falsehoods.

1 posted on 01/31/2012 11:56:32 AM PST by Robert A. Cook, PE
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To: steelyourfaith; SmithL; Nachum; neverdem; SunkenCiv

“In before steely” ping.


2 posted on 01/31/2012 11:57:45 AM PST by Robert A. Cook, PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: Robert A. Cook, PE; All


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3 posted on 01/31/2012 12:03:32 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Robert A. Cook, PE; TenthAmendmentChampion; SolitaryMan; Dr. Bogus Pachysandra; grey_whiskers; ...
Thanx for the ping Robert A. Cook, PE !

 


Beam me to Planet Gore !

4 posted on 01/31/2012 12:08:07 PM PST by steelyourfaith (Expel the Occupy White House squatters !!!)
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To: Robert A. Cook, PE

” The ruling forces those filing future GHG-emissions lawsuits to first prove the scientific credibility of their global warming claims by means of legally competent evidence. “

A ‘burden of proof’ that was not, it should be noted, required by the USSC when it permitted the EPA to exceed its legislated mandate and regulate CO2 as a GHG ‘pollutant’...


5 posted on 01/31/2012 12:11:56 PM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Robert A. Cook, PE

Can’t access the link.


6 posted on 01/31/2012 12:12:30 PM PST by traderrob6
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To: Robert A. Cook, PE
BRAVO to the MT Supremes! They in effect told the Al Gore clones:

"I've got your climate change right here, Pal."

7 posted on 01/31/2012 1:04:16 PM PST by JPG (Matters at which the foolish laugh and at whose consequences the prudent weep.)
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To: Robert A. Cook, PE
I lived in Montana when I was a kid, early ‘50’s. It was hot in the summer and F’n cold in the winter, with some nice interludes in the spring and fall.
8 posted on 01/31/2012 1:16:36 PM PST by Little Bill (Sorry)
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To: Little Bill
It was hot in the summer and F’n cold in the winter, with some nice interludes in the spring and fall.

Well, there you have it. Hot in the summer (global warming), cold in the winter, with interludes (climate change). You've just proven the plaintiff's case. Those judges are nothing but thinly disguised anti-normal-climate activists. Somebody should take the bodies of all the drowned polar bears and dump them on their front porches.

9 posted on 01/31/2012 1:30:36 PM PST by Homer_J_Simpson ("Every nation has the government that it deserves." - Joseph de Maistre (1753-1821))
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To: Homer_J_Simpson
I remember the summer in Boise, Idaho before I was exiled to the East. It was 120 in the sun, 1960, no AC, I had the best tan in Mass when I entered JR HS,
10 posted on 01/31/2012 1:46:25 PM PST by Little Bill (Sorry)
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To: traderrob6

Lettuce assume I typo’ed the blasted thing.

http://www.icecap.us/


11 posted on 01/31/2012 7:06:10 PM PST by Robert A. Cook, PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: Robert A. Cook, PE; Abundy; Albion Wilde; AlwaysFree; AnnaSASsyFR; bayliving; BFM; ...
DOOMAGE!

Global Warming PING!

You have been pinged because of your interest in environmentalism, alarmist wackos, mainstream media doomsday hype, and other issues pertaining to global warming.

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Please ping me to all note-worthy threads on global warming.

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12 posted on 01/31/2012 8:52:24 PM PST by Tolerance Sucks Rocks (Occupy DC General Assembly: We are Marxist tools. WE ARE MARXIST TOOLS!)
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To: 11B40; A Balrog of Morgoth; A message; ACelt; Aeronaut; AFPhys; AlexW; America_Right; ...

Ping to #12.


13 posted on 01/31/2012 8:58:27 PM PST by Tolerance Sucks Rocks (Occupy DC General Assembly: We are Marxist tools. WE ARE MARXIST TOOLS!)
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