Posted on 09/01/2017 11:28:34 AM PDT by a fool in paradise
All of this raises critical questions for climate change law and policy. Here, the team of lawyers at the Sabin Center offers a brief primer on eleven key climate law issues highlighted by and likely to arise due to Hurricane Harvey:
1. Disaster Recovery Legislation...
2. Flood Insurance Reform...
3. Flood Maps
4. Flood Protection for Federal Projects
5. Controlling Air Emissions from Damaged Facilities
6. Handling Toxic Pollutants and Discharges of Toxic Water Pollution
7. Chemical Safety
8. Damage to Superfund Sites
9. Zoning and Building Codes
10. Public utilities
11. Climate Change Attribution and Hurricanes: Numerous scientists have suggested that Hurricane Harvey was fueled, at least in part, by the warming climate. This raises the question of whether greenhouse gas emitters or fossil fuel companies can be held liable for their contribution to climate change and the corresponding damages caused by Harvey. There have been a number of lawsuits seeking to hold emitters liable for the harmful effects of climate change, including three recent lawsuits in California brought by coastal communities against fossil fuel companies such as Chevron, ExxonMobil, BP, and Royal Dutch Shell for damages that the communities will incur as a result of sea level rise. The lawsuits allege that, among other things, these companies have created a state public nuisance through their knowing contribution to climate change, and that they should be held liable for negligence...
(Excerpt) Read more at blogs.law.columbia.edu ...
Law cannot be based on bogus science.
I see that the storm stirred the pond scum.
Even if it's true we're talking about a couple percentage points more rain from extra moisture. That would be the same as having the storm stall a few extra hours (e.g. 103 instead of 100 hours). That's not going to affect the outcome.
“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
The only thing proven about “global warming” is that it is a politically correct buzzword for winning unconstitutional federal funding.
And speaking of unconstitutional federal funding, although Trump is accomplishing a LOT as president, it remains that since the uniparty Congress wants to get rid of him that his first two years in office are arguably just practice. That being said ...
Drain the swamp sewer! Drain the sewer!
Remember in November 2018 !
Since corrupt Congress is the biggest part of the sewer (imo) that Trump wants to drain, it is actually up to patriots to drain the sewer in the 2018 elections, patriots supporting Trump by electing as many new members of Congress as they can who will support Trump.
In the meanwhile, patriots need to make sure that there are plenty of Trump-supporting candidates on the primary ballots.
Patriots need to qualify candidates by asking them why the Founding States made the Constitution’s Section 8 of Article I; to limit (cripple) the federal government’s powers.
Patriots also need to make sure that candidates are knowledgeable of the Supreme Court's clarifications of the federal government’s limited powers listed above.
Also, unlike incumbent members of Congress who wrongly remained silent while misguided state officials abridged the constitutionally enumerated rights of citizens during the lawless Obama Administration, patriots need to make sure that candidates on the 2018 primary ballots commit to the following.
Candidates need to commit to making and enforcing 14th Amendment-related laws to prosecute misguided state officials who use state powers to abridge constitutionally enumerated protections, 1st Amendment-protected religious expression and free speech for example, such actions prohibited by Section 1 of the 14th Amendment.
”14th Amendment, Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Again, drain the sewer! Drain the sewer!
One major flood in 12 years, does not make science.
Columbia University in generations past used to value critical thinking employed for more than one point of view. Those days are past at Columbia, where the phrase “settled science” is the mantra of this once great University. Alas real science cannot survive in this environment.
The lawyers or wannabe-lawyers at Columbia can make themselves as political as they want, but as to Harvey and it’s relationship to “climate change”, they don’t have a chance.
https://www.wsj.com/articles/the-hurricane-lull-couldnt-last-1504220969
I thought Ike was cat 3.
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