Archive for the ‘Legal’ Category

Case dismissed


Out of order. Next!
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RICHMOND, Va. (AP via the Daily Mail.) – A Virginia judge on Friday dismissed a lawsuit filed on behalf of 13 young people who claim that the state’s permitting of fossil fuel projects is exacerbating climate change and violating their constitutional rights.

The lawsuit filed by Our Children’s Trust, an Oregon-based nonprofit public interest law firm, asked the court to declare portions of the Virginia Gas and Oil Act unconstitutional.

It also seeks to find the state’s reliance on and promotion of fossil fuels violates the rights of the plaintiffs, who range in age from 10 to 19.

But Richmond Circuit Court Judge Clarence Jenkins Jr. granted the state’s request to dismiss the lawsuit, finding that the complaint is barred by sovereign immunity.

That’s a legal doctrine that says a state cannot be sued without its consent. The state argued that sovereign immunity prohibited the plaintiffs’ claims because they sought to restrain the state from issuing permits for fossil fuel infrastructure and to interfere with governmental functions.

The judge did not rule on the merits of the plaintiffs’ constitutional claims.

Full report here.

[credit: green lantern electric]


Court actions by so-called green groups are commonplace, but there’s legal pushback from another quarter – against intrusive electricity generation schemes favoured by climate obsessives, with a perceived lack of benefits. Not everyone is buying the endless climate fear campaign.
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A proposal to transport clean hydropower from Canada to the state of Maine has created enough “hoohah” to launch a fierce court battle – possibly signalling trouble for the future of green energy projects across the US, says BBC News.

New England Clean Energy Connect (NECEC) was supposed to be an industry-leading project, transporting 1,200 megawatts of Canadian hydropower to Massachusetts across 145 miles (233 km) of transmission line, and eliminating over three million metric tonnes of carbon emissions every year.

The $1bn (£840m) project, funded by utility company Hydro-Quebec and Central Maine Power (CMP), which is owned by the Spanish energy giant Avangrid, received final approvals, including a Presidential Permit from the US Department of Energy. Construction began in January 2021.

Now, the hydropower project could be dead in the water, after a majority Mainers voted to cancel it last November.

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Welsh anthracite [image credit: BL Fuels]


Climate obsessives shooting themselves in the foot here? Interesting that coal is needed to make EV batteries though.
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A legal challenge will go ahead into mine expansion plans after opponents were granted a judicial review, reports BBC News.

In January approval was given for another 40 million tonnes of coal to be dug at Aberpergwm, Neath Port Talbot.

Campaigners said at the time they were considering legal action.

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Verdict [image credit: coindesk.com]


Democracy overseeing the flow of EPA climate edicts? A ‘huge blow’, say alarmists, as over-the-top reactions from some of the usual suspects pour in.
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This means Congress will now have to pass off on any climate regulations, says Energy Live News.

In what’s been considered a blow to climate mitigation in the US, the Supreme Court has ruled against the Environmental Protection Agency (EPA).

This means the EPA will now be limited in how it can regulate greenhouse gas (GHG) emissions and help stave off global warming in the country.

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Bumpy road ahead?[image credit: RWE]


Possibly the longest running climate ‘lawfare’ case ever. Sometimes the duration of a case is itself a large part of the desired effect, whatever the outcome. Lawyers win as usual.
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German judges and experts have arrived at the edge of a melting glacier high up in the Peruvian Andes to examine a complaint made by a local farmer who accuses energy giant RWE of threatening his home by contributing to global warming, says Digital Journal.

The visit by the nine-member delegation to the region is the latest stage in a case the plaintiffs hope will set a new worldwide precedent.

Leading the demand for “climate justice” is 41-year-old Peruvian farmer Saul Luciano Lliuya, who lives in the mountains close to the city of Huaraz.

He has filed suit against the German firm RWE, saying its greenhouse gas emissions are responsible for the melting of nearby glaciers.

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Offshore wind farm [image credit: Wikipedia]


Will Brexit bitterness ever die? Renewables are now mired in international politics.
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Brussels has launched a legal challenge over the use of British parts in the UK’s offshore wind farms, reports the Telegraph.

The European Commission submitted its complaint to the World Trade Organisation (WTO), the first such move it has made since Brexit.

The UK Government asks offshore wind farm developers to say how many of the parts they are using are from Britain.

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One in the eye for wind farm racketeers.

STOP THESE THINGS

In a world-first, neighbours tormented by wind turbine noise have won a landmark victory, forcing the operator to shut down all of its turbines at night-time.

Yesterday, Justice Melinda Richards of the Victorian Supreme Court slapped an injunction on a wind farm because the noise it generates has been driving neighbours nuts for seven years, and the operator has done absolutely nothing about their suffering.

Her Honour also ordered damages, including aggravated damages for the high-handed way in which the operator has treated its victims. Since March 2015, the community surrounding the Bald Hills wind farm have been tortured by low-frequency noise and infrasound generated by 52, 2 MW Senvion MM92s.

Neighbours started complaining to the operator about noise, straightaway. But, as is their wont, the operator simply rejected the mounting complaints and carried on regardless.

Locals, however, were not perturbed. Instead, they lawyered up. Engaging the tough and tenacious

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Once again the courts are cast in the role of arbiter of climate obsessions as so-called ‘campaigners’ try to suppress modern developments, intended to meet rising demand, by the usual claim that any minor increase on the 0.04% carbon dioxide in the atmosphere is a problem rather than a benefit.
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Bristol Airport Action Network (BAAN) has lodged an appeal against the Planning Inspectorate’s recent decision to approve the expansion, after raising more than £20,000 to cover legal fees, reports New Civil Engineer.

BAAN believes the expansion will be damaging for local people and the environment, and lead to a rise in road traffic, increased noise and air pollution and an “inevitable rise in carbon emissions”.

BAAN representative Stephen Clarke said: “This decision is so damaging for the local people and the climate that it simply cannot be allowed to stand unchallenged.”

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Lots of coal in Australia


Goodbye landmark. Yet another attempt to use the courts to try to establish the myth that governments can somehow control the climate bites the dust, for now at least.
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An Australian court on Tuesday threw out a landmark legal ruling that the country’s environment minister had a duty to protect children from climate change, reports Phys.org.

Last year’s legal win by a group of high school children had been hailed by environmental groups as a potential legal weapon to fight fossil fuel projects.

But the federal court found in favour of an appeal by Environment Minister Sussan Ley, deciding she did not have to weigh the harm climate change would inflict on children when assessing the approval of new fossil fuel projects.

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Scales of Justice
[image credit: Wikipedia]


Climate lawfare draws a blank again. Exactly as the verdict says, such claims “invite the Court to venture beyond its sphere of competence.”
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The High Court has refused a renewed application from Plan B and three UK students for permission to apply for judicial review of the UK Government’s alleged failures to meet its climate change commitments, says Freshfields BD, noting the “insuperable problem” of trying to establish that such failures also violated the Claimants’ human rights.

Nature of the complaint

In this latest challenge, the Claimants called for a declaration that the Government’s alleged failures to take effective measures to meet their climate change commitments under the Paris Agreement and the Climate Change Act 2008 were in breach of the Human Rights Act 1998.

They also sought a mandatory order that the Government urgently implements a framework to meet its commitments going forward.

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Case dismissed


Another climate lawfare caper, supposedly by youths (who pays the legal costs?), bites the dust. Governments can’t control the climate, but may pretend they can. Next!
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The Alaska Supreme Court on Friday upheld the dismissal of a lawsuit filed by 16 young Alaskans who claimed long-term effects of climate change will devastate Alaska and interfere with their individual constitutional rights, reports AP via the Daily Mail.

The lawsuit against the state of Alaska claimed the state´s legislative and executive branches had not taken steps to lower greenhouse gas emissions.

The lower court dismissed the case in 2018, saying these questions were better left to other branches of government.

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Climate lawfare strikes again in the latest attempt to cast politicians as climate managers and make all the claims of greenhouse gas theories — including ‘runaway climate change’ — in effect legally enforceable.
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The UK government is being taken to court over accusations that its climate commitments are “woefully inadequate” reports The Big Issue.

Environmental campaign group Friends of the Earth (FOE), which is bringing the lawsuit, says the government’s flagship Net Zero Strategy fails to comply with the legal requirements of the 2008 Climate Change Act.

FOE has also accused the government of failing to produce an equality impact assessment for both the Net Zero Strategy and the Heat and Buildings Strategy, which were both published last October.

FOE lawyer Katie de Kauwe said the government’s pathway to net zero emissions by 2050 is “imaginary”, with “no credible plan to deliver” the strategy.

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[Not to scale]


The complaint now, or one of them, is that geothermal is free to do things the hydraulic fracturers weren’t allowed to do prior to their ban, and which in part led to the ban.
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Fracking companies have threatened to take legal action over the government’s ban on the practice, amid the sector’s growing frustration at being left behind the UK energy revolution, according to reports – City AM.

The sector sent “pre-action correspondence” to the government after fears prompted by earthquakes in 2019 led to a ban on drilling, according to the Telegraph, which first reported the news.

Among the fracking projects that had to be abandoned after the ban, was one financed by billionaire Sir Jim Ratcliffe whose company Ineos wrote off £63m in 2019.

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North Sea oil platform [image credit: matchtech.com]

Shouting ‘climate’ in court doesn’t guarantee legal victories. Appeal to the Supreme Court pending.
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Environmental group Greenpeace has lost its case against the UK government over a North Sea oil field permit, reports BBC News.

Permission to drill the Vorlich site off Aberdeen was given to BP in 2018.

Greenpeace argued in Scotland’s highest civil court there had been “a myriad of failures in the public consultation” and the permit did not consider the climate impacts of burning fossil fuel.

The Court of Session ruling means operations will continue at the field. Greenpeace plans to appeal.

The UK government welcomed the outcome.

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German-cars

Image credit: autocarbrands.com

Climate lawfare is bound to get more popular if it’s seen that courts are willing to believe IPCC theories of how the global climate works. But that smacks of presumption of guilt, with carbon dioxide as the offender, surely?
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German environmental groups on Friday announced a legal offensive against car giants Volkswagen, Daimler and BMW to force them to reduce emissions faster, emboldened by recent court victories in favour of climate protection, reports Phys.org.

Greenpeace Germany and Deutsche Umwelthilfe (DUH) said they have sent a claim letter to the three carmakers asking them to commit to more ambitious targets for reducing carbon emissions, including ending production of fossil-fuel cars by 2030.

If they do not respond to the letter in the coming weeks and halt their “illegal behaviour”, the NGOs said they are ready to file lawsuits in court.

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English money going down the drain

Money down the drain [image credit: thisismoney.co.uk]

Show us your numbers! You have 35 days to do so, no more ducking and weaving allowed. ‘It is likely MPs were misled’ — strong stuff. Results due before the COP26 climate gab-fest.
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The Information Tribunal has ordered the Committee on Climate Change (CCC) to publish the calculations behind its claim that the UK economy can be decarbonised at modest cost, reports The GWPF.

The CCC’s figures were presented to Parliament ahead of the Net Zero emissions target nodded through in June 2019 to enshrine it in law.

The case was brought by Andrew Montford, the deputy director of the Global Warming Policy Forum.

The ruling, which dismisses almost all of the CCC’s arguments, comes after a two-year battle to obtain the cost calculations.

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climate2

Credit: planetsave.com

Embarrassing. Whatever the true science may be, it’s not what the court claimed. Is an appeal against their verdict in order?
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A recent Dutch Court decision is getting international attention because it commands climate action.

The case itself is like angels on a pinhead, so of little interest, says David Wojick @ CFACT.

Shell Oil proposed to cut CO2 emissions by 40% and the Court made it 45%, both targets being stupid. The real concern is the precedent of Courts making climate policy, so this decision is worth looking at.

Turns out the Court’s version of the science is amazingly bad.

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XR_pinkboat

Oxford Circus climate demo [image credit: London Evening Standard]

Even ill-informed, climate-obsessed attention seekers calling themselves activists can take things too far, it seems. Having already got away with various reported actions that most people would consider to be outside the law, tolerance is wearing thin.
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LONDON (Reuters) — British climate activist Gail Bradbrook, co-founder of the Extinction Rebellion group, was arrested at home on Tuesday for conspiracy to cause criminal damage and fraud after her group attacked banks such as HSBC and Barclays, says yahoo!news.

Activists from the group smashed the window frontage of HSBC and Barclays in Canary Wharf last month and have targeted Lloyd’s of London as part of what the activists cast as a “Money Rebellion”.

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Featured Image -- 48215According to AP: ‘Additionally, the court supported the idea that severe restrictions on freedom are acceptable when related to efforts to prevent climate change.’ Severe! You have been warned. 
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Clean Energy Wire reports:

Germany’s Constitutional Court ruling that the government’s climate policies are insufficient will have a major impact on the country’s election campaign and beyond, media commentators say.

“The political impact of the ruling is likely to be enormous,” writes Jakob Schlandt in Der Tagesspiegel. “The judges leave no doubt at all that there is a robust, actionable scientific consensus on man-made climate change,” which results in an obligation for politicians to act, Schlandt writes.

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weather18

Speculative climate ‘lawfare’, a form of extortion via the courts, has overreached itself again and been declared out of scope. Any idea of weather control is an illusion.
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BRUSSELS — The European Union’s top court on Thursday rejected an effort by a Scandinavian youth group and families around the world to force the EU to set more ambitious targets for reducing greenhouse gas emissions, arguing that they were not “individually” affected by Europe’s climate policy, reports The Global Warming Policy Forum.

Those behind the initiative — including a Portuguese farmer, an Arctic indigenous activist and German islanders — expressed disappointment at the ruling, but also were determined to keep fighting for faster action against climate change.

Families from Kenya, Fiji, Germany, France, Italy, Portugal and Romania, along with the Swedish Sami Youth organization, launched the legal action in 2018.

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