Archive for the ‘Legal’ Category

Drax power station [credit: drax.com]


It looks increasingly like the ‘new normal’ to try and get the courts to decide what national electricity generation policy should – or should not – be, by promoting ill-founded paranoia that blames humans for climate variability. Security of supply versus shaky ideology.

ClientEarth objects to Drax Power’s new gas power project, on the grounds that it breaches the government’s planning and climate change recommendations.

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US court halts construction of Keystone XL oil pipeline

Posted: November 9, 2018 by oldbrew in Energy, Legal, News
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Decision time again [image credit: AP Photo/Tony Gutierrez]


It’s a temporary ban that can be appealed. The circus continues.

A federal judge on Thursday halted construction of the Keystone XL oil pipeline, arguing that President Donald Trump’s administration had failed to adequately explain why it had lifted a ban on the project, reports Phys.org.

The ruling by Judge Brian Morris of the US District Court for the District of Montana dealt a stinging setback to Trump and the oil industry and served up a big win for conservationists and indigenous groups.

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Fracking campaigner FAILS in High Court battle

Posted: October 12, 2018 by oldbrew in alarmism, Energy, Legal, News
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shale_gas_extraction2
Another waste of time and money for all concerned. Time for the real work to begin.

An environmental campaigner has failed in his High Court action to temporarily block energy firm Cuadrilla from fracking in Lancashire, reports TLE.

Cuadrilla chief executive Francis Egan had described the challenge as “a last gasp attempt at trying to frustrate the process.”

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Three jailed over Cuadrilla fracking protest 

Posted: September 27, 2018 by oldbrew in fracking, Legal, News
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A reminder that exceeding the permitted limits of protesting can have negative consequences for the protesters themselves as well.

Three protesters have been jailed for a causing a public nuisance after they climbed on to lorries outside a fracking site, reports Energy Voice.

The disruption at energy firm Cuadrilla’s base in Preston New Road in Little Plumpton, Lancashire, in July 2017 lasted just short of 100 hours as the campaigners refused to come down.

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German car giants face EU emissions probe

Posted: September 18, 2018 by oldbrew in Emissions, Legal, News, Travel
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Note this is not about the original issue of diesel ‘defeat’ devices. Another report at AFP says ‘Daimler and VW are widely reported to be putting themselves forward as whistle-blowers in the case, in order to win leniency with the EU authorities.’ Sounds like a guilty plea.

German carmakers BMW, Daimler and Volkswagen are to face an EU inquiry for allegedly conspiring to restrict diesel emissions treatment systems, BBC News reports.

The European Commission said it was investigating whether they agreed to limit the development of systems to reduce harmful emissions. It said that if proven, this could mean that consumers had been denied the chance to buy less polluting cars.

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Old town, Frankfurt


Not just older diesels are implicated, but some petrol cars too. The ban would apply to certain areas within the city only, at the initial stage. Tougher rules would come in later.

First Hamburg and Stuttgart, now the diesel ban has come for Germany’s financial capital. A new ban could affect a quarter of vehicles in Frankfurt, as well as countless commuters, says DW.com.

The western German city of Frankfurt must introduce a ban on diesel vehicles, a court ruled on Wednesday.

Environmental activists had sued the state of Hesse for allowing Germany’s financial capital to exceed maximum safe levels of nitrogen oxide.

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Image credit: takebackyourpower.net


The court ruling described below is only for the state of Illinois so far, but other jurisdictions may follow. The report says US smart meter coverage could reach 80% by 2020.

The United States Court of Appeals for the Seventh Circuit has handed down a landmark ruling, stating that data collected by smart meters is protected by the Fourth Amendment, reports PEI.

The court pointed out that the smart devices, in fact, collect information for a deeper insight which can be obtained by thermal imaging tech.

Furthermore, the court held that residents have a reasonable expectation of privacy and government access of this data constitutes, in essence, a search.

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Whether it’s budget cuts or ‘ruin’, the financial consequences of using the courts to promote their so-called climate policies have so far not been as desired by the US city authorities concerned. As the writer points out: ‘The risk that municipal plaintiffs will have to pay defendants’ cost of the trial, plus a penalty, depends on whether courts find the lawsuits to be frivolous.’

As much as we hear nowadays about making America great again, it’s worth asking what made America great in the first place, writes Bob McClure in the Washington Times.

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Is it any wonder that US judges are reluctant to put themselves in the position of climate experts, when the evidence for man changing the global climate is so nebulous and strongly disputed?

Today a U.S. District Judge threw out New York City’s lawsuit against five major energy companies alleging damages relating to climate change, reports The GWPF.

Judge John Keenan wrote in his opinion that, “Global warming and solutions thereto must be addressed by the two other branches of government,” not the judiciary, according to Bloomberg.

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Planned nuclear power station at Hinkley Point


One less headache for the UK government’s dogma-driven energy policymakers to grapple with, as renewables fanatics get the legal brush-off on this occasion.

An Austrian appeal against the UK Government’s funding for the Hinkley Point C nuclear power station has been dismissed by the EU court, reports Energy Live News.

The European Court of Justice ruled the government’s contribution to the new nuclear plant in Somerset – being developed by French utility EDF and China General Nuclear Power – does not violate EU rules.

The Austrian Government had sought to overturn the decision as it argued the support contradicted EU policy of backing renewable forms of generation.

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Hockey stick or not? Tell the truth


This is not necessarily the end of the appeals process, but it looks like progress.

H/T The GWPF

Press Release from FME Law
July 3, 2018

One thousand seven hundred and sixty-three days ago, on behalf of its client, the Free Market Environmental Law Clinic, PLLC (FME Law) asked the University of Arizona to hand over public records that would expose to the world the genesis of what some consider the most influential scientific publication of that decade – the Mann-Bradley-Hughes temperature reconstruction that looks like a hockey stick.

The University refused.

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An ambitious attempt to extort vast sums of money from the oil industry, by using the US legal system to bypass normal democratic political process on the pretext of supposed climate problems, has drawn an expensive blank in court.
H/T The GWPF.

San Francisco (AP) — A U.S. judge who held a hearing about climate change that received widespread attention ruled Monday that Congress and the president were best suited to address the contribution of fossil fuels to global warming, throwing out lawsuits that sought to hold big oil companies liable for the Earth’s changing environment.

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Thumbs down for Paris e_car scheme [image credit: businessinsider.com]


Another ‘green’ fantasy bites the dust in the face of old-fashioned economic realities. Once again, without massive subsidies of public money the numbers just didn’t add up. Calling a taxi seems to have won the day. Now it’s see-you-in-court time as recriminations kick off.

The city of Paris is pulling the plug on an electric car-sharing system once hailed as the future of urban transport, with officials voting to cancel the contract in the face of mounting losses, as Phys.org reports.

The more than 4,000 silver Autolib hatchbacks had become a fixture on the streets of the French capital, with docking stations for the electric vehicles found every few blocks.

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Borrowing Hollywood titles like ‘a clear and present danger’ isn’t going to overcome the fact that colourful predictions made about the climate by modellers and climate alarmists in general have failed to materialise. BBC – take note.

‘It is propagandizing’ – Daily Caller reporting.

Republican senators asked federal investigators to look into whether or not several National Science Foundation (NSF) grants broke federal law, including funding projects lawmakers sought to “influence political and social debate” on global warming.

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WSJ: The Climate-Change Tort Racket 

Posted: June 9, 2018 by oldbrew in climate, Legal, News
Tags: , ,

Oil extraction [image credit: ewg.org]


The sub-heading to this is: ‘Liberal cities attempt a climate shake down of oil firms’. These cities run fuel-powered vehicles by the hundreds but still want massive compensation from oil companies. Success would likely make fuel prices rise to recover any losses.
H/T Climate Depot

San Francisco, Oakland, New York and Seattle have sued five global oil giants—BP, Chevron, ConocoPhillips, ExxonMobil and Royal Dutch Shell —for billions in future damages from climate change, reports the WSJ.

Brass-knuckled plaintiff firm Hagens Berman Sobol Shapiro has been shopping around the lawsuit to other cities desperate for cash.

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Dutch Parliament buildings [credit: Wikipedia]


To what extent can courts tell governments what so-called ‘climate policies’ they should be adopting? Isn’t there a burden of proof in such cases? Appeal verdict awaited – eventually.

The Dutch government on Monday appealed against a landmark 2015 court ruling which ordered it to slash greenhouse gases by a quarter by 2020, reports Phys.org.

“The current government is already extraordinarily active in terms of climate,” lawyer Bert-Jan Houtzagers told the Hague Appeals Court.

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Case dismissed?


All this rests on the notion that humans can somehow tune the climate to their liking – whatever that may be – which of course has never been shown to be true. Are court cases and ‘rule books’ just the latest attempts to impose the will of one group in society, over everyone else? As this report says: ‘But such court battles are long, and often fail’. And ‘long’ often means expensive.

After climate talks in Bonn, many criticize outcomes as weak. Increasingly, concerned citizens see legal action as a path for climate action — a thousand climate lawsuits are currently active around the world, reports DW.com.

As climate negotiators return home after a two-week “intersessional” climate change conference in Bonn, Germany, their homework is only half finished. The COP24 annual climate conference, scheduled for December in Katowice, Poland, is supposed to decide a “rule book” for implementing the Paris Agreement.

But with so much at stake, there’s not nearly enough action, environmental activists say.

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Our indecision is final?


When is a ban not a ban? The Telegraph quotes the SNP’s own website which currently states: “The Scottish Government has put in place a ban on fracking in Scotland – meaning fracking cannot and will not take place in Scotland.” Seems clear enough from the renewables-mad SNP – but read on…

The Scottish Government’s claim in court that it had not banned fracking has been described as ‘beyond humiliating’; as two petrochemical companies argued that ministers did establish an ‘unlawful’ ban, reports the Daily Telegraph.

A lawyer for Ineos, which runs the giant Grangemouth refinery complex, said that ministers had created a policy through public statements that would prevent a fracking industry from developing in Scotland.

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Image credit: yournewswire.com


One of a number of ways the police can or could use drones.

Crimes that involve chemical, biological, radiological or nuclear (CBRN) materials pose a deadly threat not just to the target of the attack but to innocent bystanders and police investigators, says Phys.org.

Often, these crimes may involve unusual circumstances or they are terrorist-related incidents, such as an assassination attempt or the sending of poisons through the mail.

In the recent notorious case of poisoning in the UK city of Salisbury in March 2018, a number of first responders and innocent bystanders were treated in hospital after two victims of chemical poisoning were found unconscious on a park bench.

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Hambach surface mine, Germany [image credit: Wikipedia]


Looks like a case of protest gone mad over Europe’s largest surface coal mining operation.

The finance chief of an RWE renewable energy subsidiary was struck by unknown assailants as he crossed a park near Düsseldorf, reports DW.com. Police said they were investigating “in every direction”.
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A German energy executive has been badly injured in an acid attack, his company confirmed early Monday. Bernhard Günther, the CFO of energy giant RWE’s green subsidiary, Innogy, was struck as he crossed a park in Haan, a well-to-do suburb of Düsseldorf on Sunday.

“We are deeply shocked,” said Innogy chairman Uwe Tiggs. “Our thoughts are with Bernhard and his family and we wish him a speedy recovery.”

Two unknown perpetrators poured acid over the 51-year-old’s face before fleeing the scene on foot, according to a statement Günter made to police.

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