Tag Archives: litigation

Lawsuit challenges US entry into the Paris climate agreement

“Former President Barack Obama illegally entered into the Paris climate agreement, a lawsuit filed Monday says, citing a legal memo the Obama administration allegedly used to justify the deal.” click here

 

Corporations deceive investors by making clearly false statements about the effect of their actions on climate changes

“On September 19, 2019, Amazon.com, Inc. issued a press release entitled, “Amazon Co-founds The Climate Pledge, Setting Goal to Meet the Paris Agreement 10 Years Early.”2 This announcement is false and misleading in a number of ways.” click here

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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