Tag Archives: litigation

Public university held accountable for squashing climate change science

“James Cook University has been ordered to pay reef scientist Peter Ridd $1.2 million for unlawfully dismissing him after he publicly criticised the institution’s climate change science.” click here

“Climate change lawsuit is meritless chicanery”

“In handing down this decision — which will most assuredly be overturned — Smith has ruled that immensely complicated, multinational issues surrounding Earth’s climate change may now be decided in state courthouses, using local “nuisance ordinances” to potentially impose massive fines on just a handful of American energy companies. This is an obvious shakedown effort by the Greens and their political and financial benefactors who brought these frivolous suits in the first place. “ click here

Climate change lawsuits are politically driven, unwarranted

“With little legal precedent to support his decision, Chief Judge William Smith of the U.S. District Court in Rhode Island remanded a politically driven climate change lawsuit case back to state court, effectively allowing the baseless claim that a few companies are solely responsible for all of the Earth’s climate change to be adjudicated at the state level.” click here

Walmart to remove Tesla solar panels

“Tesla’s relationship with Walmart took a turn, as the latter is suing the former because they want Tesla to remove solar systems installed at 240 stores following several of them catching on fire.” click here

Post from the past: “Justice Janice Rogers Brown gets it right on the GHG endangerment finding”

I posted this on December 12, 1012….the USEPA GHG endangerment finding was unwarranted (and incorrect).

“USEPA has embarked on issuing a variety of regulations to control emission of greenhouse gases using the Clean Air Act (CAA). This flurry of activity results from an earlier Supreme Court ruling that upheld USEPA’s GHG endangerment finding under the CAA.  The endangement finding was a clear stretch of the imagination by the court. A legal challenge to GHG rules was filed in the US District Court of Appeals, DC Circuit, and a panel of judges upheld their legality. A petition was filed requesting that the entire court rule on the appeal, which was recently denied. In her desent, Justice Janice Rogers Brown provides a good explanation of why the Supreme Court erred in their ruling on the GHG endangerment finding, which indeed they did. The broad expanse of the term “pollutant” in that ruling is well-beyond the original context and intent of the Clean Air Act statute.

I have provided the full written dissent of Justice Brown below. As during the 1990s in litigation involving the Safe Drinking Water Act, the prevailing opinion explained by Sentelle provides political cover for a lawless agency (USEPA), rather than recognizing and honoring the rule of law as intended by the CAA. If congress intended GHG emissions to be regulated, congress could have explicitly enacted legislation to do so. (Click here for the full ruling.)

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Professor Peter Ridd (David) vs James Cook University (Goliath)

“We finally got home from Brisbane where the court hearing was held about 1200 km to the south, and it has been good to reflect on events. I am very hopeful and Judge Vasta seemed to indicate that he would try to hand down his judgement around Easter. So, until then we should wait and see.” click here

Misleading children to file “climate change” lawsuits is abusive, counterproductive

“Beyond ruling on this case, however, Diamond went further to rebuke U.S. District Judge Ann Aiken for her ruling in Juliana v. United States that the young plaintiffs had a Constitutional right to a livable climate. When Aiken ordered that lawsuit to trial in 2016, she said “the right to a climate system capable of sustaining human life is fundamental to a free and ordered society,” becoming the first U.S. judge to recognize that right.” click here