...Specifically, the panel held that it was beyond the power of an Article III court to order, design, supervise, or implement the plaintiffs’ requested remedial plan where any effective plan would necessarily require a host of complex policy decisions entrusted to the wisdom and discretion of the executive and legislative branches.
The panel reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large....
The children are absolutely correct in the dangers being cited as real, current and also impending.
The Ninth Circuit Court of Appeals dismissed (click here) the landmark youth-led climate lawsuit against the United States government on Friday, ruling the young plaintiffs did not have standing to sue.
While the ruling is a victory for the Trump administration, which fought bitterly to have the case, Juliana v. United States, dismissed, the court also wrote the young plaintiffs “have made a compelling case that action is needed.” The judges, however, said climate change cannot be addressed through the judicial branch of government.
“Reluctantly, we conclude that such relief is beyond our constitutional power. Rather, the plaintiffs’ impressive case for redress must be presented to the political branches of government,” Judge Andrew D. Hurwitz wrote in the three-judge panel’s split decision.
Our Children’s Trust, the legal organization supporting the young plaintiffs, said it would appeal the verdict to the entire Ninth Circuit....
There needs to be a class action including the children, but, also those that have died because of the climate crisis. The USA has deaths which occurred because of issues such as Superstorm Sandy and tornado outbreaks that are at record number now. Previous to an ever heating climate is the fact THE OCCURRENCES of storms such as Sandy and all too frequent YEAR ROUND tornadoes and tornado outbreaks have killed and are connected to the climate crisis.
No one can state the fires on the West coast of the USA were normal. Three mile high fire tornadoes are not at all normal.
April 3, 2014
You can’t really sue the government (click here) for property damage or injury due to a common law doctrine known as sovereign immunity. This doctrine came into existence as a way to protect monarchs from being sued, but still holds true since you can’t just sue the U.S. government. However, under the Federal Tort Claims Act, you can file a lawsuit against the government in certain situations.
When does the FTCA Say You can Sue the Government?
The FTCA allows you to file a lawsuit for injury, loss of property, or wrongful death caused by a federal employee only if it was caused by negligence and if you could file a similar lawsuit against a private person and win. So, if state law doesn’t allow you to sue someone in a certain situation, then you can’t sue the government for that same event....
The dead can no longer speak for themselves but friends and/or family or other interested parties such as employers can sue for neglect in protecting them from their losses.
The idea of legislation taking place is realistic when there is currently a Select Committee on the Climate Crisis (click here). The fact is there is already meetings held (click here) for fact finding to compel the action of Congress.
I was in this area of Michigan recently. It is really something to see. They are huge, majestic and music to my ears (click here). They are a conquest of modern society that humans can overcome all adversity and benevolence toward Earth's physics.
November 26, 2013
By Mark Brush
The Gratiot County Wind Farm (click here) has 133 wind turbines scattered over more than 30,000 acres. It's the largest wind farm in Michigan. Each 1.6 megawatt wind turbine can generate enough power for 350 homes.
And this is what it sounds like when you stand directly beneath a wind turbine that stretches more than 450 feet into the sky with the wind blowing between 10 to 15 mph....
Wind is very, very green. The footprint of a wind turbine is far less than that of a fracking well. Any citizen can participate in royalties if placed on their property, most likely farmland because it requires no rights to the minerals (oil and gas) under the ground. They are virtually silent, except, when standing under them and even then the sound is well within legal decibel levels.
There are towns in the USA that own windmills on government property. There can be ordinances for allowing property owners to erect wind mills, small and large. The benevolence to this type of energy can only grow, instead of making 30 year investments in public projects such as gas and nuclear plants.
Bird deaths by wind farms is about 0.01 percent over all. Cats, primarily pet cats, are the number one reason for bird deaths. Cats account for 75 percent of bird deaths. Bird migration occurs primarily between 5000 and 20,000 feet altitude.
The meeting being held in Carlsbad, California next month is rather pricey, but, there is special considerations in cost for Regulated Utilities and Government.
February 4-6, 2020
2100 Costa Del Mar Rd, Carlsbad, CA 92009
For Regulated Utilities and Government pricing, click here.
The Wind Power Finance & Investment Summit is widely recognized as the leading gathering place for wind industry deal makers, or as one past event attendee called it – “the highest quality of industry participants on the conference circuit.” Each year, the industry’s leading developers, investors, lenders, turbine suppliers, EPCs and other players gather to gain valuable insights into industry trends, get the latest market update on the finance and investment landscape, and efficiently schedule rounds of private meetings.
The Summit attracted nearly 800 people in 2019 and, with the PTC driving historic industry activity, the 2020 Summit will again offer up the best available opportunities to stay ahead of the market, meet the industry’s leading players, and get deals done.
This is from a statement of a meeting of the US House Select Committee.
...When we say the states are laboratories of democracy, (click here) we mean that literally here. Colorado is home to some of the leading research in climate change and clean energy. And one of the most important things we can do as policymakers is make sure clean technology can move from the lab to the market – that’s what creates jobs, that’s what cuts pollution, that’s what makes America a leader in the clean energy economy we have to build to solve the climate crisis.
Colorado in particular has been a leader in the clean energy revolution. In the 2019 legislative session, the governor and Colorado legislature have added to Colorado’s clean energy legacy by enacting several bills focused on deploying more energy efficiency, renewable energy and electric vehicles. Equally important, they also created new programs to support the energy workforce. Today we will be learning more about those policies and their benefits from a variety of perspectives to inform the Select Committee’s work....
This is from a statement of a meeting of the US House Select Committee.
...When we say the states are laboratories of democracy, (click here) we mean that literally here. Colorado is home to some of the leading research in climate change and clean energy. And one of the most important things we can do as policymakers is make sure clean technology can move from the lab to the market – that’s what creates jobs, that’s what cuts pollution, that’s what makes America a leader in the clean energy economy we have to build to solve the climate crisis.
Colorado in particular has been a leader in the clean energy revolution. In the 2019 legislative session, the governor and Colorado legislature have added to Colorado’s clean energy legacy by enacting several bills focused on deploying more energy efficiency, renewable energy and electric vehicles. Equally important, they also created new programs to support the energy workforce. Today we will be learning more about those policies and their benefits from a variety of perspectives to inform the Select Committee’s work....
