A group of teenagers in Oregon just got a federal judge to agree to keep a lawsuit going against the federal government that would establishment “stable climate” as a fundamental constitutional right.
The end result, if they are successful is federal judicial control over environmental regulations.
The young plaintiffs, who range in age from 9 to 20, allege that climate change violates their constitutional rights to life, liberty, and property by causing direct harm and destroying so-called public trust assets such as coastlines. The case argues that climate change is worsened by the aggregated actions of the federal government in permitting fossil fuel development, subsidizing the fossil fuel industry, and many other such actions. Further, the children and their lawyers say these government actions are willfully prioritizing short-term profit, convenience, and the concerns of current generations over those of future generations. The plaintiffs state that the government and these companies have continued to prioritize these short-term gains for more than five decades with full knowledge of the extreme dangers they posed.
Lead plaintiff Kelsey Juliana, who lives in Oregon, alleges that algae blooms harm the water she needs to drink and that low water levels caused by drought kill the wild salmon she needs to eat. Martinez, who lives in Colorado, alleges increased wildfires and extreme flooding jeopardize his personal safety. Other plaintiffs are from farming families, suffer from asthma, and have had their homes overrun by raw sewage during the recent floods in Louisiana. The suit claims that by failing to protect these children from human-caused climate-related harm, the government violated the Due Process Clause of the Fifth Amendment. It goes on to say that these harms, and others, are caused in part by climate change and are preventable if the government acts to hasten the transition to a zero-carbon economy.
The lawsuit is a feel good stunt by a bunch of leftists who think courts can take over and control every aspect of our life. They have no faith in the democratic processes and, seeing Donald Trump get elected, are now zealously pursuing a court take over of environment regulations. And as you can imagine, the judge used Anthony Kennedy’s “logic” in imposing gay marriage on the country to keep the lawsuit going.
From the opinion:
I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society. Just as marriage is the foundation of the family, a stable climate system is quite literally the foundation of society, without which there would be neither civilization nor progress. … To hold otherwise would be to say that the Constitution affords no protection against a government’s knowing decision to poison the air its citizens breathe or the water its citizens drink.
This lawsuit is the perfect example of an abuse Donald Trump can shut down with sound picks for the judiciary. He will need to act quickly. The result of this lawsuit would be a federal judge demanding we rely exclusively on solar, water, and wind energy, which when last we did that it was called the Dark Ages.