[GPSCC-chat] The faces of climate change.
Wes Rolley
wrolley at charter.net
Mon Nov 28 11:09:10 PST 2016
While the DAPL protests and actions by the N. Dakota government have
grabbed such news headlines as we have seen, it very well may be that
the most important action this month took place in an Oregon court
room. This is the ruling handed down by Judge Aiken in the case of
Juliana, et. al. vs United States of America et. al.
I quote from Judge Aiken's ruling:
This lawsuit is not about proving that climate change is happening or
that human activity is
driving it. For the purposes of this motion, those facts are
undisputed.3 The questions before the
Court are whether defendants are responsible for some of the harm caused
by climate change,
whether plaintiffs may challenge defendants' climate change policy in
court, and whether this Court
can direct defendants to change their policy without running afoul of
the separation of powers
doctrine.
The Defendants in this law suit are many.
President of the United States,
the Council on Environmental Quality,
the Office of Management and Budget,
the Office of Science and Technology Policy,
the Department of Energy,
the Department of the Interior,
the Department of Transportation ("DOT"),
the Department of Agriculture,
the Department of Commerce,
the Department of Defense,
the Department of State, and
the Environmental Protection Agency ("EPA").
I quote here Judge Aiken's citing the words of Judge Goodwin, another
who stood up to the combined weight of corporate American and it's
governmental allies.
The current state of affairs ... reveals a wholesale failure of the
legal system
to protect humanity from the collapse of finite natural resources by
the uncontrolled
pursuit of sh01i-term profits .... [T]he modern judiciary has
enfeebled itself to the
point that law enforcement can rarely be accomplished by taking
environmental
predators to court. ...
The third branch can, and should, take another long and careful look
at the barriers
to litigation created by modern doctrines of subject-matter
jurisdiction and deference
to the legislative and administrative branches of government.
Nothing is more assured than the fact that an AG Sessions will challenge
this right up to a Supreme Court that could be filled by Trump
appointees. It is my fervent hope that the efforts of Dr Hansen and the
plaintiffs in this case receive our loud and continuous support. They
will need it.
--
"Anytime you have an opportunity to make things better and you don't,
then you are wasting your time on this Earth" - /Roberto Clemente/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.cagreens.org/pipermail/sosfbay-discuss_lists.cagreens.org/attachments/20161128/d79ff193/attachment.html>
More information about the sosfbay-discuss
mailing list