Litigious Lunacy

This is quite something. Darn those Canucks. As we saw with his defense of eco-vandals in England, I wonder if Dr. James Hansen will rush to The Hague to testify for this one? And if by some furthest stretch of the imagination, this lawsuit is successful, what then? Will Pachauri use the spoils to whittle down the number of lifetimes if will take to erase his own carbon footprint? I wonder if Danny Bloom is related to omnipresent blog commenter, and Sierra Club representative, Steve Bloom? BTW Steve, we are still waiting, over a year now for your answer.

NOTE: The article below is reposted in entirety from the blog Northward Ho(t) The opinions are those of the author of that blog, Mitchel Anderson, not of myself nor of any WUWT contributor. – Anthony


Ballsy.

That is perhaps best word to describe a class action lawsuit filed this week in the International Criminal Court in The Hague in Holland against national governments refusing to act on reducing carbon emissions.

The suit was filed by climate activist Danny Bloom who is asking for “US$1 billion dollars in damages on behalf of future generations of human beings on Earth – if there are any”

No Joke

The lawsuit is specifically seeking damages from “all world leaders for intent to commit manslaughter against future generations of human beings by allowing murderous amounts of fossil fuels to be harvested, burned and sent into the atmosphere as CO2, causing possible apocalyptic harm to the Earth’s ecosystem and the very future of the human species.

The point of the suit of course is not to wring money out of carbon emitters, but to embarrass the legions of laggard governments in advance of upcoming international climate negotiations next month in Poland. According to Bloom, the legal action “is about trying to protect future generations of mankind, humankind, and a positive judgment in this case will help prod more people to take the issues of climate change and global warming more seriously. We fully intend to make all world leaders of today responsible for their actions in the present day and age.”

This case is a legal long shot no doubt, but Bloom’s team said “”it’s up to the court to decide whether this case has any merit. We fully expect the court to agree to at least hear the case and make a responsible and measured decision later.”

It would also be the first case of its kind to seek to act on behalf of future generations for the irresponsibility of their ancestors. The need to put world leaders on the hot seat is very real. International climate talks like the one happening next month in Poland have happening for over a decade yet global emissions just keep climbing. A recent report showed that in spite of international commitments, carbon emissions of 40 industrialized countries rose by 2.3 percent between 2000 and 2006.

That said, those countries that signed Kyoto saw their overall emissions fall by 17% below 1990. The disgraceful outlier among those nations is Canada, whose emissions ballooned by over 20% in spite of having ratifying Kyoto. Canada’s Prime Minister Harper has called Kyoto a “mistake” and he seems openly contemptuous of such international efforts to reduce greenhouse gases. Mr. Harper is of course not alone in the responsibility for Canada’ terrible climate change record. The Canadian public recently handed him another mandate in a general election.

Back to Mr. Bloom. His lawsuit seems directly targeted towards such irresponsible nations like Canada that have refused to take this issue seriously. If he wins, Bloom is planning to donate the $1 billion in damages to the Nobel winning Intergovernmental Panel on Climate Change (IPCC).

Godspeed Mr. Bloom.

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November 23, 2008 9:47 am

Retired Engineer is correct. Since Kyoto was ratified:

Emissions worldwide increased 18.0%
Emissions from countries that signed the treaty increased 21.1%
Emissions from non-signers increased 10.0%
Emissions from the U.S. increased 6.6%

[source]

November 23, 2008 10:03 am

Danny:
Cause and effect relationships are crucial.
The working hypothesis is: “man-made CO2 is causing global warming”. Strictly speaking I only need to find one data point (or temp. station) where the temp is cooling to falsify this hypothesis. There are many such stations which have been cooling for decades (from Spokane WA to the Amundsen base in Antarctica). The hypothesis must be modified or abandoned since it is proved false. The hypothesis doesn’t hold everywhere.
From about 1940 to 1975 the Earth went through a cooling period during which time the use of fossil fuels increased more than 6 fold, again falsifying the hypothesis. The lack of warming over the past 10 years while CO2 increases also tells us again, that this cause and effect is very weak, if it exists at all. There is little correlation between atmospheric CO2 and global temperatures.
It gets more interesting. Only 1% of the atmospheric gases are greenhouse gases. 95% or so of this 1% is water vapor a powerful greenhouse gas. Up to this time it has been ignored or assumed to be inconsequential. It is very consequential. 3% of the remaining 1% is CO2, and of this less than 3% is man-made. So how is 3% of the CO2 causing the warming, if 97% of the CO2 is not involved. BTW we don’t know very well all of the natural CO2 sources either, but there are a lot of them. Mitigating man-made CO2 would clearly be foolish, costly, and a monumental waste of resources. Crippling our economy by crippling our energy sources (fossil, nuclear, hydro, even some NG) as is wished by some, would be suicidal.
This would be especially true since China, India, and Brazil are more interested in improving their energy base, their economies, and prosperity. China now is the No. 1 producer of man-made CO2 and consumes more coal than the US and the EU combined. They plan to double all of this by 2025. There is a helluva lot more info which threatens the hypothesis as well, but this should give you a whiff.

Olimpus Mons
November 23, 2008 10:18 am
Harold Ambler
November 23, 2008 10:21 am

Hi Danny. Let’s line up a few of your comments and see how well they cohere:
Danny Bloom: PS: [to Harold Ambler, above, I never said my lawsuit is lighthearted, sir. Or frivilous. I am very serious about what I am doing. What I don’t understand is why you people here get so angry and riled up about all this….
Thanks for giving your readers a good chuckle and something to smile about….
this is really more like “litigous guerilla theatre”

I believe the word you’re looking for is litigious. Another word that could be of use to you: frivolous. To revisit my first point, that’s quite an argument you’ve got going with yourself!
Another point: Why are you “sorry,” I wonder? If you believe in what you are doing, then you are more likely “proud,” “hopeful,” or maybe even “stoked.”
You have not addressed the specific concern in my earlier remarks, i.e. that anthropogenic global warming hysteria getting whipped up to justify a cap-and-trade global economic system leads to shortened life spans and lower quality of life in the Third World and the poisoning of the patient in the First World.
Could this be what makes you “sad”?
A few other questions:
1. Is Ocean Heat Content increasing?
2. Are sea surface temperatures increasing?
3. Is sea level rising?
4. Has the Pacific Decadal Oscillation done anything new and different in the past 18 months?
5. Has the Earth’s climate changed dozens and dozens of times in the past as rapidly as it has since the end of the Little Ice Age?
6. Is there any case in the geologic record when a spike in C02 has come before a spike in temperature?
7. Are we in the midst of a solar minimum that many of our best scientists anticipate being similar to the Dalton Minimum or even the Maunder Minimum?
8. Can solar minima be seen to have affected climate in the past?
9. Have temperatures risen or declined in the last 10 years?
Once you learn the answers to all of those questions, you will be in a better position to understand why some people would find it mildly frustrating for you to use scare tactics to manipulate public opinion, thereby delaying the day when appropriate action can be taken on the actual problems facing humanity.

Slamdunk
November 23, 2008 10:24 am

Michael (01:40:04) :
“… these frauds are ideological people haters and use the environmental movement to promote their GAIA cult?”
Aileni Noyle (02:52:48) :
“…. a new religion of intolerance based yet again on a lie.”
I don’t know if it’s more anti-western capitalism or enviro-spirits that drive AGW, but no doubt both. For GAIA, see http://green-agenda.com/gaia.html

November 23, 2008 10:40 am

John Macdonald
Looking forward to those Mauna Loa measurements. We’ve been trying to work out on our forum if the CO2 rise is starting to tail off. It certainly doesn’t match the steepening human CO2 output.

paminator
November 23, 2008 10:49 am

re Hunter- “Michael Crichton is smiling at this.”
My thoughts exactly. If Bloom follows the State of Fear storyline, we should see the whole mess create huge publicity (complete with riots by strangely-clad protestors looking for something to be angry at) just in time for the next international climate boondoggle conference. Then it will fizzle away, having performed its intended task of raising awareness of humanity’s carbon skidmark.

November 23, 2008 10:51 am

A promising strategy would be for representatives of 3d world nations to intervene in the case and assert counter-claims for damages against the UN IPCC, EU, AL Gore, George Soros, Danny Bloom, James Hansen, et al, and all climate alarmist government institutions and NGOs. Liability would be based upon unlawful conspiracies and wrongful actions, including criminal enterprises, to gain control of global energy sources and production by maliciously promulgating false, fraudulent, and erroneous scientific research that projects climate calamities allegedly caused by anthropogenic greenhouse gas emissions.
The damage claim should be for a 100 trillion Euros to compensate for present and future deaths of their citizens due to famine, epidemics and pestilence, and for present and future harm to the counter-claimants’ economies.
I leave the details of this strategy to the imagination of the learned readers of this Blog.
However, since the International court of Justice is a creature of the UN, it will have to disqualify itself from adjudicating the case due to conflicts of interest. Never the less, the PR fallout from this case should focus everyone of the scope of the fraud being perpetrated on the public in the name of environmentalism.

David Ball
November 23, 2008 10:54 am

Danny Bloom states we should agree to disagree and move on. Then stop the litigation. Stop people from your camp making death threats. Stop them telling lies about people to marginalize them when their science threatens your viewpoint. Stop using the media to skew the facts to highlight your viewpoint. If you are solid in your beliefs, you wouldn’t have to resort to these tactics, as the truth would be self evident. I don’t know of any “radical skeptics” that would stoop to this type of grandstanding, but I can name quite a few “radical environmentalists”. “Methinks he doth protest to much”, as the Bard said.

Tim L
November 23, 2008 10:59 am

the stage will be set for a counter-suit worth the trillions of dollars in damages that the AGW lobby seeks to perpetuate upon economies of the free world and the following quite literal holocaust of lives carbon dioxide suppression would cause
I agree
Tim

David Ball
November 23, 2008 11:03 am

robertkyriakides, 78.8% of all statistics are made up on the spot, ….

Aviator
November 23, 2008 11:04 am

Let’s not hammer those ‘Darn Canucks as if we’re all guilty! We clearly understood what the ‘Green Shift” was and battered the Liberal Party at the polls. In my opinion, Stephen Harper is the most honest, straightforward politician we have put in charge of the country in living memory – and an economist, not a lawyer. He certainly has a better understanding of numbers that most of the world leaders and vastly more than Mr. Bloom (either of them). End of political comment…
Incidentally, the rise from 280ppm to 385ppm over the industrialized era is not scientifically defensible. The error margins at the time of the 280ppm measurement were, IIRC, plus or minus 100 ppm. If it was 180 ppm, we wouldn’t be here since all the plants would have died and us with them. If it was really 380 ppm, then nothing has changed.
This whole lawsuit nonsense is a publicity stunt, as admitted by the perpetrator, and should be ignored by the MSM – but it won’t be of course.

November 23, 2008 11:09 am

Danny,
This technique of coercion you are employing is not based on reasonable negotiation but rather a manipulation of the system to enforce what now appears to be a false belief on the rest of society. Reacting falsely to global warming destroys peoples lives. So when you say…
“I am very serious about what I am doing. What I don’t understand is why you people here get so angry and riled up about all this….”
People get riled up because your actions are not peaceful or innocent but are in fact manipulative and highly destructive of peoples lives. You should be ashamed to feel such superiority over us that you would find corrosive methods to shove your beliefs down our throats. We are intelligent, informed (perhaps more than yourself) and without denying the possibility of AGW, I for one strongly disagree with you.
Shame on you sir.
http://noconsensus.wordpress.com

deadwood
November 23, 2008 11:15 am

I suspect, as others have noted, that we are seeing cognitive dissonance in its purest form.
The great AGW theory which appeared to fit so well when CO2 and temperature were both increasing is showing its weakness now that that the sun is silent and the PDO has flipped.
The big question now is whether the people of the US and Europe will figure out they are being had before too much damage has been done. I suspect most of their leaders will follow what appears to be politically expedient.

Timo van Druten
November 23, 2008 11:52 am

From the webstite of the International Criminal Court:
“Who can initiate (criminal) proceedings?
Proceedings before the ICC may be initiated by a State Party, the Prosecutor or the United Nations Security Council. ”
http://www.icc-cpi.int/about/ataglance/faq.html#faq5
“The Prosecutor may start an investigation upon referral of situations in which there is a reasonable basis to believe that crimes have been or are being committed. Such referrals must be made by a State Party or the Security Council of the United Nations, acting to address a threat to international peace and security. In accordance with the Statute and the Rules of Procedure and Evidence, the Prosecutor must evaluate the material submitted to him before making the decision on whether to proceed.
In addition to State Party and Security Council referrals, the Prosecutor may also receive information on crimes within the jurisdiction of the Court provided by other sources, such as individuals or non-governmental organisations. The Prosecutor conducts a preliminary examination of this information in every case. If the Prosecutor then decides that there is a reasonable basis to proceed with an investigation, he will request the Pre-Trial Chamber to authorise an investigation.”
Danny Bloom hasn’t filed a lawsuit. He did sent a letter to the Prosecutor of the ICC kindly requesting to initiate criminal proceedings against governments around the world (which is probably not possible). Individuals can not initiate criminal proceedings.

November 23, 2008 12:19 pm

There is no difference between this shenanigan and the actions taken by pirates recently asking for ransoms for pirated ships except this includes the whole world. The whole AGW mess is politically driven to exercise more control over populations thereby destroying freedoms. The sad reality is that the ignorance of populations of their knowledge of science is pervasive and the charlatans can readily take advantage of this ignorance. The only factor that may cause a wake-up call is the high cost or The Hague is covered with 300 feet of ice.

Les Johnson
November 23, 2008 12:54 pm

The ICC is also a criminal court. I doubt they will take on civil cases, which is what this.

Stevo
November 23, 2008 12:55 pm

Since, at least when in public, both sides in this court case would be AGW believers, I don’t believe we’re going to get any sort of open debate challenging it.
Frankly, for only a billion (each, or shared between all governments?), the world governments might find it easier to plead guilty and pay the money. It’s not as if it’s their personal money anyway – it’s only the taxpayers’. And It’ll only go to the IPCC, which they’ve already shovelled billions of our money into. What’s the difference?
What the case challenges is the governments simultaneously saying they believe in it when they want to introduce a few higher taxes and regulations, but quite obviously not when it comes to doing anything with a real cost. It’s a convenient excuse, no more. The court case would call their bluff.
I don’t know if there’s more to it than that. In any normal court it would be thrown out, although the ICC is often reckoned to be heavily political so who knows. If it went ahead, there would certainly be no sceptical arguments. Whether there would be any arguments at all would depend on whether it potentially opened the door for further litigation, or settled it once and for all. But most likely it would involve a lot of finger-pointing and blame-shifting to show the governments had done all they can, but evil big business was obstructing them, or something. What that would lead on to, who knows…

Pierre Gosselin
November 23, 2008 12:56 pm

brian johnson 8:11
I think you need to READ my post a little more closely.

Chris D.
November 23, 2008 2:10 pm

“The lawsuit is specifically seeking damages from ‘all world leaders for intent to commit manslaughter against future generations of human beings by allowing murderous amounts of fossil fuels to be harvested, burned and sent into the atmosphere as CO2, causing possible apocalyptic harm to the Earth’s ecosystem and the very future of the human species'”
Pressing charges for future murder – kinda reminds me of that Tom Cruise movie where they ran around arresting people for murderers that some psychics said would take place in the future.
Another publicity stunt, I suppose.

Michael Newton
November 23, 2008 2:25 pm

If we can sue government for global warming, can’t we sue them for the recession? I will sue them for withholding taxes.

Bobby Lane
November 23, 2008 2:32 pm

Hmm, I wonder if anyone thought of bringing a case against AGW for economic and environmental wrecklessness leading to the deaths (murders?) of thousands and perhaps millions because of the whole biofuels debacle which had in the past raised the price of grains enormously harming 3rd world countries by making the price of bread enormously expensive and putting many in jeopardy of starving. How about the people who have been pushed out of their jobs due to factory and power plant closures because of the obsession with carbon footprints? I am sure there is much more evidence to support the malign influence of the AGW theory, and in much more than just economic ways, than there is to support the idea that we through negligence are dooming our planet and future generations. Perhaps, like this case, it would not get far in producing any actual results, but it would produce the publicity and perhaps get some of the facts into public view…if any of the media are brave enough to cover it.

George Bruce
November 23, 2008 2:40 pm

Paddy, you beat me to it. Great post. The only thing I would add would be that as Plaintiffs in Intervention, someone should appear to represent the billion or two people now living who would die if the Earth was forced to de-industrialize. I think they have a justiciable interest.
Stevo re: for only a billion….
Please don’t repeat that. You may give some politician an idea to attach to some kind of “stimulus package.”

steven mosher
November 23, 2008 2:43 pm

First a few tidbits on some criminal concepts and then watch where it leads.
http://en.wikipedia.org/wiki/Manslaughter
http://en.wikipedia.org/wiki/Recklessness_(criminal)
some interesting thoughts on concurrence
http://en.wikipedia.org/wiki/Concurrence
But all of this makes me think of this:
A climate model is nothing less than an indictment for a future crime.
Technology is at the heart of all attempts to prosecute thought
crimes and thus enhance thought and behavioral control by the technorati.
http://en.wikipedia.org/wiki/Minority_Report_(film)

Note the role technology plays in shaping people’s behavior.
Interesting reading here:
http://books.google.com/books?hl=en&id=aSfvNuUJNoUC&dq=stanfordd+persuasion+science&printsec=frontcover&source=web&ots=hJS0SKj_Wn&sig=Sm1E-8S-I5mLdRuH6aoGvuFqn9E&sa=X&oi=book_result&resnum=3&ct=result
http://en.wikipedia.org/wiki/Persuasion_technology
And in the end the technorati rule.
“What distinguishes a persuasion technology from simple “persuasion” is that the individual being persuaded cannot easily respond by creating an equally effective counter-presentation in real time – a lack of reciprocal equality. ”
hence the importance of this blog and hence the importance of FREEING THE CODE. As long as the AGW side limits access to its code and data, as long as only they have the computer power to excercise a Climate model, the individuals being persuaded cannot easily respond. Witness the struggles of SteveMcIntrye in trying to figure out what Mann is actually doing, or what NOAA is actually doing.

Pete
November 23, 2008 2:44 pm

John McDonald (08:45:13) :
You must need an independent party in Hawaii to check your work, so if you send me some tickets and get me a nice hotel, I’ll help you out. Really. No problem. Just don’t forget about my wife and kids. They need a beach front hotel. I’ll cover my food.
As a side trip, maybe we should go check out Obama’s birth certificate?

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