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posted by martyb on Saturday November 03 2018, @08:09PM   Printer-friendly
from the cool-it dept.

The Supreme Court just allowed a major climate lawsuit to go ahead

In a surprise decision late Friday, the Supreme Court cleared the way for Juliana v. US, a major lawsuit filed by young people against the US government for failing to limit the effects of climate change. The case may now go to trial in a lower court after the Supreme Court’s extremely unusual move last month to temporarily block the proceeding.

The case includes 21 plaintiffs between the ages of 11 and 22, who began testing the idea that a safe climate is a civil right when the suit was first filed in 2015. It argues that the US government pursued policies that harmed the climate, thereby robbing the children of a “climate system capable of sustaining human life.” As redress, they want the government to take action to fight climate change.

“The youth of our nation won an important decision today from the Supreme Court that shows even the most powerful government in the world must follow the rules and process of litigation in our democracy,” the plaintiffs said Friday in a statement. “We have asked the District Court for an immediate status conference to get Juliana v. US back on track for trial in the next week.”

A lower court ruled earlier this year the case could go to trial, and that trial was expected begin at the United States District Court in Oregon on Monday, October 29.

But then late last month, Supreme Court Chief Justice John Roberts issued a temporary stay of the case to consider a request from the Justice Department for a stay to halt the case. The Supreme Court’s temporary stay sent the plaintiffs scrambling to put together a brief in time to keep the case moving forward on schedule.

On Friday, the court denied the government’s request for a stay, though Justices Clarence Thomas and Neil Gorsuch would have granted the application, according to the court order. The Supreme Court also suggested that a federal appeals court should consider appeals on other grounds before the case heads to trial in district court.

The court, however, strongly suggests that interlocutory appeal of the district court's order on dispositive motions—in plain English, immediate appeal of some key legal questions before the trial—should happen. (Which would mean no trial unless that ruling is upheld on appeal.) pic.twitter.com/011vDPAucT

— Chris Geidner (@chrisgeidner) November 2, 2018

[...] For climate change activists, the courtroom is one of the few remaining options for enacting policies to limit greenhouse gases, as the White House scarcely acknowledges climate change and Congress remains deadlocked. The plaintiffs and the defendants in the children’s climate lawsuit will now prepare for trial, though a new date has not yet been set.

Also at TheHill and Reuters


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  • (Score: 5, Informative) by black6host on Saturday November 03 2018, @11:06PM (9 children)

    by black6host (3827) on Saturday November 03 2018, @11:06PM (#757429) Journal

    Sorry but I'm not seeing anything substantive in that article other than the EPA shilling for Trump and various links to nothing. Sorry, after Pruitt I'm a bit of a cynic.

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  • (Score: 2, Interesting) by Sulla on Saturday November 03 2018, @11:37PM (8 children)

    by Sulla (5173) on Saturday November 03 2018, @11:37PM (#757438) Journal

    Evidently our economy doing strong means that more people are able to add the more expensive "green" alternatives to their list of competition products. For someone living paycheck to paycheck who has to replace a old water heater it is now easier for them to choose the more efficient alternative that costs a couple of hundred bucks extra than it was before. Musk has also done a great job flooding the market with competition products and ideas so that prices for the alternative products are falling. For that family who has to look at option A or B regarding the water heater it is hard to understand or realize future monthly electricity savings when that extra $300 bucks means a very hard month where they are scraping to pay for other things. It is a totally different world going to the store thinking "if I spend more than $500 I can't afford gas this month" and thinking "if I spend more than $900 I can't afford gas this month. The stress of the situation in realizing a sudden unexpected expense is going to be pretty overwhelming.

    How much would it cost today to install a solar panel setup? How much would it have cost a decade ago?

    There is going to be a huge shift in a couple years as electric pickups hit the market and the sales guy can point out to rednecks that yeah, the truck is green, but it also has twice the torque.

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    Ceterum censeo Sinae esse delendam
    • (Score: 2) by Runaway1956 on Sunday November 04 2018, @12:19AM (6 children)

      by Runaway1956 (2926) Subscriber Badge on Sunday November 04 2018, @12:19AM (#757452) Journal

      2/3 of rednecks don't understand torque. They've got a handle on horsepower, but torque is over their head. You won't sell a lot of vehicles because they have high torque values. Oh, wait. That's not just rednecks, that pretty much goes for all Americans.

      • (Score: 3, Interesting) by toddestan on Sunday November 04 2018, @02:33AM (1 child)

        by toddestan (4982) on Sunday November 04 2018, @02:33AM (#757478)

        The big change will be when fleet operators start buying them. Fleet buyers may not be that interested in green so much, but if they are cheaper to operate they'll definitely pay attention.

        Trucks that are sold retail are all about image*. If the fossil-fueled versions are perceived to be more tough and manly as well as giving a finger to Prius-driving eco-hippies, they'll continue to sell. That they cost more to keep fueled may even be a feature as it shows the owner has money to burn.

        *Yes I do know there are exceptions, but this is often true for both rednecks and urban cowboys alike

        • (Score: 1, Interesting) by Anonymous Coward on Sunday November 04 2018, @08:19AM

          by Anonymous Coward on Sunday November 04 2018, @08:19AM (#757532)

          It's all in the marketing. For example, what if they're not pure electric, but serial hybrid like those monstrously huge mining trucks, or diesel-electric locomotives?

          "It tows like a locomotive with 1500 foot-pounds of torque from dead rest. Never smell a burning clutch again!"

          Use the engine/generator to also power a couple of three-prong plugs.

          "Ride five hundred miles, then charge your tool batteries at the jobsite."

          Make the generator an external combustion one like a Stirling engine, with a capability to run it off burning wood.

          "I was running low on CNG, so I pulled out the saw and ran a hundred more miles on renewable energy."

          You could sell that to rednecks.

      • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @05:30AM (3 children)

        by Anonymous Coward on Sunday November 04 2018, @05:30AM (#757512)

        Mostly it's about rolling coal.

        • (Score: 2) by Runaway1956 on Sunday November 04 2018, @09:31AM (2 children)

          by Runaway1956 (2926) Subscriber Badge on Sunday November 04 2018, @09:31AM (#757542) Journal

          I just don't see that around here. It must be real, because I see it on Youtube, but I don't see it, even though I'm surrounded by rednecks.

          • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @01:00PM

            by Anonymous Coward on Sunday November 04 2018, @01:00PM (#757587)

            Got lots of rednecks in my neck of the woods too. I've seen actual rolling coal every now and then. Mostly I was searching for something to characterize the "macho" aspect of buying a Ford F-Teen Fifty. You can tell who has a truck like that because it's a needed tool, farmers for example, and who doesn't. Farmers would probably be interested in an EV truck and would certainly understand torque. The macho crowd, however, will avoid the things just because they're EV and EVs are for wusses.

            Plus as wind power becomes more accepted in the country, I'd think a lot of farmers may be interested in charging their farm equipment directly from windmills (never liked the word turbine, it's too industrial and not pastoral enough) on their property. Farmers are business people and engineers after all. If it's cheaper and more reliable, they'll be interested.

          • (Score: 0) by Anonymous Coward on Tuesday November 06 2018, @01:32AM

            by Anonymous Coward on Tuesday November 06 2018, @01:32AM (#758306)

            It must be real, because I see it on Youtube

            That is one of the (unintentionally) funniest things I have ever seen you post.

    • (Score: 2) by RandomFactor on Sunday November 04 2018, @02:02AM

      by RandomFactor (3682) Subscriber Badge on Sunday November 04 2018, @02:02AM (#757474) Journal

      Evidently our economy doing strong means that more people are able to add the more expensive "green" alternatives to their list of competition products.

      Mostly I thought it was because of fracking. Natural gas produces significantly less carbon emissions.

      --
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