Washington State Judge: Constitutional Obligation to Act on Global Warming

Original image author Chris Potter, http://www.stockmonkeys.com, image modified
Original image author Chris Potter, http://www.stockmonkeys.com, image modified

Guest essay by Eric Worrall

A Washington State Judge has found in favour of petitioners demanding action on Climate Change.

According to The Blaze;

In what environmentalists are calling a “groundbreaking” ruling, a Washington state judge has ruled that state lawmakers have a “constitutional obligation” to the youth of the state to take action on global warming.

Using some alarming language, King County Superior Court Judge Hollis R. Hill issued a ruling in favor of eight youth petitioners in a case against the Washington Department of Ecology, which will require writing carbon emission rules to protect their generation.

The judge’s ruling said the youths “very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming…before doing so becomes first too costly and then too late.”

The judge determined the state’s public trust doctrine gives the state a “mandatory duty” to act.

“The state has a constitutional obligation to protect the public’s interest in natural resources held in trust for the common benefit of the people,” the ruling said.

Read more: http://www.theblaze.com/stories/2015/11/20/judge-finds-constitutional-obligation-for-state-to-act-on-global-warming/

To me this judgement stinks of judicial overreach – judges are supposed to enforce laws written by elected legislators, not dictate to legislators what laws they should write.

However, even if this judgement is upheld, the outcome might not be quite what activists expect. A strong case could be made that Renewables don’t work, that Renewables will never be a viable replacement for existing fossil fuel based systems.

Lawmakers who attempt to use this judgement to boost state funding for renewables might actually find themselves exposed to future prosecution.

This leaves nuclear power and gas fracking as the proven, carbon friendly alternatives to existing carbon intensive energy systems – neither of which is top of the list of green favourites.

Correction (EW)“in favour of” is an oversimplification of a complex judgement. The petition to force The Department of Ecology, amongst other things, to adopt explicit GHG limitations was denied. Since The Department of Ecology “has commenced rule making to establish greenhouse emission standards taking into account science as well as economic, social and political considerations, the department cannot be found to be acting arbitrarily or capriciously”.

However, the judgement appears in many ways to be a victory for the plaintiffs. The aspect of the ruling which greens are celebrating, is that the judge found that The Department of Ecology has a constitutional obligation to protect state resources from the effects of Climate Change. Presumably if the Department of Ecology was not already acting to produce rules which limit GHG emissions, the judgement might have gone against them. The Department of Ecology has the right to consider factors other than climate science, but it has a constitutional obligation to protect State resources from the predicted consequences of GHG emissions, such as ocean acidification, damage to fisheries from warmer sea water, and sea level rise.

If trying to make sense of this judgement makes your head hurt, if you are confused about what it means for The Department of Ecology, you’re not alone.

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Ed
November 20, 2015 7:56 pm

The judge’s mailbox was full of calls from Michael Mann.

Knute
November 20, 2015 8:09 pm

The word thrown around is collusion. Back when Bush started his first term, Cheney met with energy leaders to craft the admins energy policy. Greens were shut out. When Obama started his admin, he did the same except he shut out the energy companies and embraced the green groups.
The wheels on the bus go round and round. Each side learns from the other. Imitation of a sort.
This article gives a little taste of both.
http://www.washingtontimes.com/news/2015/aug/4/epa-green-groups-make-climate-policy-alone-report/?page=all
The kids in Washington are just imitating what the adults do. Kind of twilight zonish don’t ya think ?

Reply to  Knute
November 20, 2015 8:29 pm

Yes, Twilight Zonish. But even more so if you consider that both Bush & Obama teams may be working for the same Corporate Party pushing this climate change scam. Conspiracies don’t explain everything, but because conspiracies remain Dirt Ordinary, it would prove unusual not to find a conspiracy or two behind this phenomenon. Creating the illusion of choice in politics is only one possible tool. When Biggest Oil Rockefellers (see their Foundation website) push this climate change garbage and “big oil” is accused of funding the deniers, more Twilight Zone. This is classic Rothschild-style control — funding both sides of a conflict in order to determine the outcome. I would be surprised if they had not infiltrated every possible climate realist group. It takes a brazen psychopath to promote global cooling in an ongoing Ice Age.

Knute
Reply to  Rod Martin Jr
November 20, 2015 9:27 pm

It’s not such a far fetched idea to think that the 1% of the 1% think the world is a messy crazy place and all us little people are … well … annoying. Once you start to think that way, it’s not such a big leap to want to manipulate things to put more money in your pocket because wealth insulates from the mayhem.
I don’t see it as a conspiracy, but I do see it as a cultural apex of what goes on in the lower levels of the economic pecking order.
If one thinks the above is crazy, then perhaps observing how safe middle class lifestyles are quite alright with urban zones destroying themselves as long as it doesn’t affect them gives a hint to how possibly the 1% of the 1% see the rest below them.
Twilight Zone indeed.
I don’t have the magic solution. I’m just observing.

JohnKnight
Reply to  Rod Martin Jr
November 21, 2015 2:46 pm

Knute,
“It’s not such a far fetched idea to think that the 1% of the 1% think the world is a messy crazy place and all us little people are … well … annoying.”
To my mind (such as it is ; ) there is a sort of causal implication in that statement, as though it’s the big bucks that result in such a . . callous attitude shall we say . . while I suspect the reverse causality is more commonly at work ; The callus attitude results in big bucks (for some, who eventually therefore become the dominant species in the tip-top percentile of wealth).
“I don’t see it as a conspiracy, but I do see it as a cultural apex of what goes on in the lower levels of the economic pecking order.”
So, those annoying “little people” really are the ultimate problem?
; )

Knute
Reply to  JohnKnight
November 21, 2015 4:36 pm

JK
Good to hear from you.
There will always be stratification.
That stratification (inclusion and exclusion) is an expression of what you do and don’t want.
Wealth becomes the tool for creating and maintaining the circle.
The recent Gates interview shared here on WUWT gives an example of what happens when
wealth and power cast too wide an influence … IMO.
On the other hand, stratification is a manifestation of the general concept that you work (compete) to achieve some position of independence that insulates from what you don’t like and includes what you do.
Perhaps wisdom is finding the balance of your desire vs mine.
It’s one of life’s little dances don’t you think ?

JohnKnight
Reply to  Rod Martin Jr
November 21, 2015 7:15 pm

Thanks, Knute , same here,
“There will always be stratification.”
Sure, but that’s not my point. It’s that you seem to be implying that everyone is guilty of any crimes committed by anyone in a society . . Much like the “social justice” gang seems ever to be implying. I just don’t see the justice in this way of thinking . .
“Perhaps wisdom is finding the balance of your desire vs mine.”
I feel I addressed this in another conversation, and i say no, not for everyone . . because some are criminally insane, and are not trying to find any such balance. Those people are real, I tell you, and are not at all averse to conspiring/colluding with others of like mind, in ways that the average person might see as repulsive/unthinkable.
“The recent Gates interview shared here on WUWT gives an example of what happens when
wealth and power cast too wide an influence … IMO”
There’s a moral stratification too, I’m saying, and it’s when those in that criminal class cast too wide an influence, that the big trouble comes . .

Knute
Reply to  JohnKnight
November 21, 2015 8:00 pm

JK
“It’s that you seem to be implying that everyone is guilty of any crimes committed by anyone in a society . . Much like the “social justice” gang seems ever to be implying. I just don’t see the justice in this way of thinking . .
“Perhaps wisdom is finding the balance of your desire vs mine.”
I feel I addressed this in another conversation, and i say no, not for everyone . . because some are criminally insane”
Sorry for the implication. I don’t “feel” that way but I’ll take a deeper look at my subconscious emotion concerning the issue. Typically if something surprises me and I act without thinking I’ll get a clue if I harbor such beliefs.
I also don’t extend the same open arms to the insane or ner do wells.
I don’t say that because I take it for granted that it’s my personal point of departure.
I was fooled at first about the CAGW con, so that has thrown my sense of instinct off a tad.
But I’m recovering.

JohnKnight
Reply to  Rod Martin Jr
November 21, 2015 10:25 pm

Knute,
Thank you, for your customary kind consideration.
I do want to add that there is a “communal” responsibility aspect to this “equation” I’m suggesting, in terms of criminal influence and serious trouble, which I thought I saw you over-valuing perhaps. Not on a matter of principal, like we’re too good for this slip into the Twilight Zonish realm, but simply because I believe the people have been intentionally deceived for decades . . by the elite criminal types . . so I’m not excusing, so much as forgiving what “we” are surely guilty of, one might say.

Marcus
Reply to  Knute
November 21, 2015 3:00 am

The difference is, Obama did everything by Royal Fiat …er, I mean executive action , so the next Republican president can erase it with his pen and his phone !!!!

Reply to  Marcus
November 21, 2015 5:09 am

Can’t wait to see that happen…
No way the republicans will remove anything Obama did by pen.
No way!

hunter
Reply to  Marcus
November 21, 2015 9:50 am

Not if courts ratify the EO’s first.
We have left the train station and are going to points not previously visited.

Knute
Reply to  Marcus
November 21, 2015 11:05 am

Marcus
From this side of the screen I get the vibe that you are a politically passionate dude (sans hair bun).
Current POTUS has a bit to catch up in numbers of EOs to match the previous POTUS.
https://en.wikipedia.org/wiki/List_of_United_States_federal_executive_orders
Just throwing that fact out there to frame your position on EO’s being the measure of the man.
I also don’t think the number means much as an absolute value. It does however give a pattern to what matters to an administration.
As you know, I think they are both in on the CAGW scam.
They just have different styles in abusing the lie.
While I’d like to bash both parties for being turds, I have sympathy for them in a system that requires them to bow to special interests. The special interests are the pink elephant in the room, not really the guys we elect.
Voter turnout is pathetic for a representative democracy and so special interests know that an election can be turned on relatively very little in turns of voting base.
We have the politicians we deserve … sadly.
I think hair buns, safe spaces, and sensitivity too microaggression will be the key to this election. /sarc

November 20, 2015 8:20 pm

The real injury will come when the next glacial period of the current Ice Age starts. Based on average interglacial duration, our current Holocene interglacial is running at least half a millennium long.
Injury:
* Permanent winter
* Glaciation across much of the state
* Zero growing season
* Decreased evaporation and resulting decrease in rain
* Failed crops and lack of food; starvation
Solution:
* Prepare for coming glacial period (we don’t know when it will start), or
* End the current Ice Age (now, this is an interesting challenge).

simple-touriste
November 20, 2015 8:24 pm

Why not also let the courts choose the next president? (Based on sound research by the Union of Concerned Scientivists.)

Knute
Reply to  simple-touriste
November 20, 2015 8:45 pm

I like the idea of a trap door under each candidate in the debates.
Technology already exists that allows you to measure public positive .. negative reaction.
Below a certain attainment level they get the trap door.
Could be fun.
Can’t be any worse than how we currently do it.
I’ll be pissed if SNL steals this idea.

Janice Moore
Reply to  Knute
November 20, 2015 9:18 pm

Knute — You are so much FUN! (and have worthwhile things to say, too)
SNL should HIRE you! #(:))
Oh. And you can get those little hair bun thingies at just about any large shopping mall in one of those little hair accessories and other bling stores. Yes, yes, lol, they come in blonde (and blond, heh — quite the male trendsetter!).

Knute
Reply to  Janice Moore
November 20, 2015 10:05 pm

Thanks Janice, tickling the brain is part of why people read WUWT.
Honored you like my posts and I enjoy your relaxed and inquisitive POV.
Now as for SNL, fishing comes first.

Tucci78
Reply to  Knute
November 21, 2015 2:52 am

Suggests Knute:

I like the idea of a trap door under each candidate in the debates.
Technology already exists that allows you to measure public positive .. negative reaction.
Below a certain attainment level they get the trap door.
Could be fun.
Can’t be any worse than how we currently do it.

Unfortunately, that only offers a negative feedback mechanism which operates before a candidate gets into the sought position of authority within the governing class. There needs to be a truly effective means of continuing the tangible manifestation of citizen disapprobation with those who command the armed goons of the police power in civil society.
I like the solution so brilliantly advanced by Mr. Mencken many decades ago:

I announce without further ado that such a system, after due prayer, I have devised. It is simple, it is unhackneyed, and I believe that it would work. It is divided into two halves. The first half takes the detection and punishment of the crimes of [government] jobholders away from courts of impeachment, congressional smelling committees, and all the other existing agencies — i.e., away from other jobholders — and vests it in the whole body of free citizens, male and female. The second half provides that any member of that body, having looked into the acts of a jobholder and found him delinquent, may punish him instantly and on the spot, and in any manner that seems appropriate and convenient — and that, in case this punishment involves physical damage to the jobholder, the ensuing inquiry by a grand jury or coroner shall confine itself strictly to the question of whether the jobholder deserved what he got. In other words, I propose that it shall be no longer malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder?s deserts.

— from “The Malevolent Jobholder,” The American Mercury, 1924 June, pp. 156-159

Knute
Reply to  Tucci78
November 21, 2015 11:09 am

Tucci
Definitely not as much laughter involved. I like laughter first.
Your quoted alternative is nice and all that, but rather gruesome.
Can we try laughter first ?

Marcus
Reply to  Knute
November 21, 2015 3:02 am

Janice , do the bun things cover bald spots ?? I may need one some day so it good to know ahead of time !!

MarkW
Reply to  Knute
November 21, 2015 7:04 am

I like H. Beam Piper’s method for keeping politicians in check as outlined in “Lone Star Planet”.

Tucci78
Reply to  MarkW
November 21, 2015 2:11 pm

In response to a draw from Mencken’s “The Malevolent Jobholder,” Knute appeals:

Can we try laughter first ?

We have. For generations. F’rinstance, see not only Mencken himself but his contemporary political commentators such as Will Rogers, poking fun at the sociopathic personality disorder cases sucking unto government power.
Doesn’t work. Never will. On the other hand….

The only good bureaucrat is one with a pistol at his head. Put it in his hand and it’s good-bye to the Bill of Rights.

— H.L. Mencken, On Politics: A Carnival of Buncombe (1920-1936), p. 279

Knute
Reply to  Tucci78
November 21, 2015 5:04 pm

Tucci
Off with their heads eh ?
As I’ve aged, so has my desire for that sort of thing. Call it low T.
Have you been paying attention to the rising role of Anonymous in warning about acts of terror ?
Perhaps use of the internet will continue to influence righting wrongs and give us a few other options besides
bloodshed.

Tucci78
Reply to  MarkW
November 21, 2015 2:24 pm

Writes MarkW:

I like H. Beam Piper’s method for keeping politicians in check as outlined in “Lone Star Planet”.

Also known as A Planet for Texans (1958), written collaboratively with John Joseph McGuire, and most certainly a fictional “draw” on Mencken’s “The Malevolent Jobholder.”

“Are you gentlemen ready?” he asked. “All right, then. Court of Political Justice of the Confederate Continents of New Texas is now in session. Case of the friends of S. Austin Maverick, deceased, late of James Bowie Continent, versus Wilbur Whately.”
“My God, did somebody finally kill Aus Maverick?” Gail whispered.
On the center table, in front of the friends of the court, both sides seemed to have piled their exhibits; among the litter I saw some torn clothing, a big white sombrero covered with blood, and a long machete.
“The general nature of the case,” the judge was saying, “is that the defendant, Wilbur Whately, of Sam Houston Continent, is here charged with divers offenses arising from the death of the Honorable S. Austin Maverick, whom he killed on the front steps of the Legislative Assembly Building, here in New Austin….”
What goes on here? I thought angrily. This is the rankest instance of a pre-judged case I’ve ever seen. I started to say as much to Gail, but she hushed me.
“I want to hear the specifications,” she said.
A man at the prosecution table had risen.
“Please the court,” he began, “the defendant, Wilbur Whately, is here charged with political irresponsibility and excessive atrocity in exercising his constitutional right of criticism of a practicing politician.
“The specifications are, as follows: That, on the afternoon of May Seventh, Anno Domini 2193, the defendant here present did arm himself with a machete, said machete not being one of his normal and accustomed weapons, and did loiter in wait on the front steps of the Legislative Assembly Building in the city of New Austin, Continent of Sam Houston, and did approach the decedent, addressing him in abusive, obscene, and indecent language, and did set upon and attack him with the machete aforesaid, causing the said decedent, S. Austin Maverick, to die.”
The court wanted to know how the defendant would plead. Somebody, without bothering to rise, said, “Not guilty, Your Honor,” from the defense table.
There was a brief scraping of chairs; four of five men from the defense and the prosecution tables got up and advanced to confer in front of the bench, comparing sheets of paper. The man who had read the charges, obviously the chief prosecutor, made himself the spokesman.
“Your Honor, defense and prosecution wish to enter the following stipulations: That the decedent was a practicing politician within the meaning of the Constitution, that he met his death in the manner stated in the coroner’s report, and that he was killed by the defendant, Wilbur Whately.”
“Is that agreeable to you, Mr. Vincent?” the judge wanted to know.
The defense answered affirmatively. I sat back, gaping like a fool. Why, that was practically — no, it was — a confession.
“All right, gentlemen,” the judge said. “Now we have all that out of the way, let’s get on with the case.”
As though there were any case to get on with! I fully expected them to take it on from there in song, words by Gilbert and music by Sullivan.
“Well, Your Honor, we have a number of character witnesses,” the prosecution — prosecution, for God’s sake! — announced.
“Skip them,” the defense said. “We stipulate.”
“But you can’t stipulate character testimony,” the prosecution argued. “You don’t know what our witnesses are going to testify to.”
“Sure we do: they’re going to give us a big long shaggy-dog story about the Life and Miracles of Saint Austin Maverick. We’ll agree in advance to all that; this case is concerned only with his record as a politician. And as he spent the last fifteen years in the Senate, that’s all a matter of public record. I assume that the prosecution is going to introduce all that, too?”
“Well, naturally …” the prosecutor began.
“Including his public acts on the last day of his life?” the counsel for the defense demanded. “His actions on the morning of May seventh as chairman of the Finance and Revenue Committee? You going to introduce that as evidence for the prosecution?”
“Well, now …” the prosecutor began.
“Your Honor, we ask to have a certified copy of the proceedings of the Senate Finance and Revenue Committee for the morning of May Seventh, 2193, read into the record of this court,” the counsel for the defense said. “And thereafter, we rest our case.”
“Has the prosecution anything to say before we close the court?” Judge Nelson inquired.
“Well, Your Honor, this seems … that is, we ought to hear both sides of it. My old friend, Aus Maverick, was really a fine man; he did a lot of good for the people of his continent….”
“Yeah, we’d of lynched him, when he got back, if somebody hadn’t chopped him up here in New Austin!” a voice from the rear of the courtroom broke in.
The prosecution hemmed and hawed for a moment, and then announced, in a hasty mumble, that it rested.
“I will now close the court,” Judge Nelson said. “I advise everybody to keep your seats. I don’t think it’s going to be closed very long.”
And then, he actually closed the court; pressing a button on the bench, he raised a high black screen in front of him and his colleagues. It stayed up for some sixty seconds, and then dropped again.
“The Court of Political Justice has reached a verdict,” he announced. “Wilbur Whately, and your attorney, approach and hear the verdict.”
The defense lawyer motioned a young man who had been sitting beside him to rise. In the silence that had fallen, I could hear the defendant’s boots squeaking as he went forward to hear his fate. The judge picked up a belt and a pair of pistols that had been lying in front of him.
“Wilbur Whately,” he began, “this court is proud to announce that you have been unanimously acquitted of the charge of political irresponsibility, and of unjustified and excessive atrocity.
“There was one dissenting vote on acquitting you of the charge of political irresponsibility; one of the associate judges felt that the late unmitigated scoundrel, Austin Maverick, ought to have been skinned alive, an inch at a time. You are, however, acquitted of that charge, too.
“You all know,” he continued, addressing the entire assemblage, “the reason for which this young hero cut down that monster of political iniquity, S. Austin Maverick. On the very morning of his justly-merited death, Austin Maverick, using the powers of his political influence, rammed through the Finance and Revenue Committee a bill entitled ‘An Act for the Taxing of Personal Incomes, and for the Levying of a Withholding Tax.’ Fellow citizens, words fail me to express my horror of this diabolic proposition, this proposed instrument of tyrannical extortion, borrowed from the Dark Ages of the Twentieth Century! Why, if this young nobleman had not taken his blade in hand, I’d have killed the sonofabitch, myself!”
He leaned forward, extending the belt and holsters to the defendant.
“I therefore restore to you your weapons, taken from you when, in compliance with the law, you were formally arrested. Buckle them on, and, assuming your weapons again, go forth from this court a free man, Wilbur Whately. And take with you that machete with which you vindicated the liberties and rights of all New Texans. Bear it reverently to your home, hang it among your lares and penates, cherish it, and dying, mention it within your will, bequeathing it as a rich legacy unto your issue! Court adjourned; next session 0900 tomorrow. For Chrissake, let’s get out of here before the barbecue’s over!”

[…]
Apparently, on New Texas, killing a politician wasn’t regarded as mallum in se, and was mallum prohibitorum only to the extent that what happened to the politician was in excess of what he deserved.

— original text, Chapter V

Absolutely lovely novel.
“Can we try laughter first?”
Heck, I’ll chuckle over their corpses with merry Sicilian enthusiasm.

Janice Moore
Reply to  Knute
November 21, 2015 8:37 am

Marcus!!!! I have already given you my hair styling advice {for others, FYI, it was on the most recent Josh Cartoon thread about AGW being the cause of everything}! DO NOT WEAR A BUN — it will make you look like you forgot to take your medication and you will NOT be taken seriously as — I — know — you — want — to — be!!!!!
#(:))

Dawtgtomis
Reply to  Knute
November 22, 2015 9:30 am

Marcus, I’ve tried a bun in my hair. The sesame seeds and crumbs were intolerable and I was molested by pigeons when I walked the dogs. Not recommended.

Dawtgtomis
Reply to  Knute
November 22, 2015 10:10 am

However, after further reflection upon recollections of my vocational experiences, I might have benefitted from a bun under my hard-hat (on campus construction sites), had I known then what I do now.
I would, though, recommend avoidance of the poppy-seed variety bun, as it could botch a random pee test due to trans-dermal scalp absorption.
{crap! The dog just ate my sarc tag…}

ferdberple
November 20, 2015 8:37 pm

The petion was denied. Reread the ruling.

MarkW
Reply to  ferdberple
November 21, 2015 7:05 am

It was only denied because the state was already doing what the petitioners requested.

November 20, 2015 8:42 pm

The judge’s ruling is an exercise in invoking socialism; that is the needs of the many must come before any other individual rights. The court should just as well rule that free money for everyone should be a right.
But the US constitution framers engineered against this kind of socialist despotism with the Bill of Rights and Separation of Powers. This judge’s ruling has no more effect than a President ordering Congress to appropriate more monies or a federal judge ordering the president to sign (or veto) legislation.

MarkW
Reply to  Joel O'Bryan
November 21, 2015 7:05 am

“The court should just as well rule that free money for everyone should be a right.”
They’ve already done that. Just not in so many words.

JohnH
Reply to  Joel O'Bryan
November 21, 2015 7:18 am

Joel, that may be what the Separation of Powers is supposed to accomplish, but I’ve seen too many counterexamples here in NJ to believe that it’s effective when the judicial activists are determined. The Abbott decision comes to mind.

JPeden
November 20, 2015 8:47 pm

“The judge’s ruling said [everyone’s] “very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of [advancing age]…before doing so becomes first too costly and then too late.”

Patrick MJD
November 20, 2015 8:50 pm

Mods, OT, but I think I need a different screen handle. I will change it to Patrick MJD, too many other “Patrick” handles about. Just have to remember I have done this. Thanks in advance.
[Reply: Go ahead. We can tell who’s who even with a name change. -mod]

Patrick MJD
Reply to  Patrick MJD
November 20, 2015 10:39 pm

Thankyou. It’s more for other commenters.

dp
November 20, 2015 8:52 pm

One of the great disappointments of living in Washington State is the four branches of government are deep blue save one. The four are executive, legislative, judicial, and the yellow press.

John F. Hultquist
Reply to  dp
November 20, 2015 9:20 pm

We expect the executive, legislative, judicial folks to wander from the truth. The “Press” – sometimes called The Fourth Estate – was supposed to keep the others honest. That hasn’t gone well. Sites on the net, such as WUWT, have taken the place of the once useful print media.

dp
Reply to  John F. Hultquist
November 21, 2015 12:54 am

I hope Anthony knows what a special layer in the climate process he alone owns and represents. There’s a buttload of small towns without a voice in rural America in need what he gives is – that being projection of climate reality. We just can’t afford political wrong headedness regards the climate. We have apples and wine to sell and we know the climate truth that makes this possible. We have no budget room to take on green energy even when it is augmented by confiscated tax dollars. Those dollars are subject to political whim. Actually, that whim is why they are being confiscated. Nobody loves more than a politician with deep taxpayer pockets. Beware the fist full of dollars.
America would be far better off if we never again re-elect anyone no matter the promises they make. They are to the man or woman, corruptible and finally corrupted. We don’t need them.

Tucci78
November 20, 2015 8:56 pm

And in other news, the ghost of King Canute will be summoned by “climate consensus” witch doctors to sit at the low water mark in the Bay of Fundy, where he will forbid the tide from coming in.
This important experiment is expected to cement the reputation of the National Oceanic and Atmospheric Administration (NOAA) for all time.

Judge — A law student who marks his own examination-papers.

— H.L. Mencken

4TimesAYear
Reply to  Tucci78
November 20, 2015 11:35 pm

Funnneeeee! ROFL – (and that quote is so true)

Anthony
November 20, 2015 9:04 pm

A couple children spouting rhetoric is 1000x more important to the media than 1 logical scientist with a PhD in the subject. I believe one of the kids said that Al Gore “massively inspired him”…or am I thinking of a different kid? Hell if I know. Just remember reading it somewhere.

F. Ross
November 20, 2015 9:07 pm

Oy vey ist mir!

F. Ross
November 20, 2015 9:08 pm

…then head slap.

601nan
November 20, 2015 9:09 pm

The “Judge” must forthrightly order the execution of all lawmakers and parents and human beings and dogs and cats opposed to his God Given From Heaven ruling at ONCE and FORALL so help the IRS and the Black Panthers God Shave The Queen of Olympia and The Greater Realms!
Ha ha

LukesAreWrongToo
November 20, 2015 9:28 pm

The calculations by Lukes and Warmists are WRONG because they do NOT explain the required energy flows. The direct solar radiation cannot and does not account for the observed surface temperatures on Earth, let alone Venus. Back radiation has nothing to do with such temperatures. It could only slow the rate of cooling by radiation, but the solar radiation is not what gets the surfaces of such planets up to the observed temperatures. How does the surface actually warm each morning? How does the required new thermal energy get into the surface? YOU GUYS HAVE NO UNDERSTANDING AT ALL IN REGARD TO THE THERMODYNAMICS OF PLANETARY TROPOSPHERES. You need to think in a wholly different paradigm – one which has been explained correctly by only one writer in all of world literature. When you understand the maximization of entropy it will blow your mind as to just HOW WRONG all Lukes and Warmists are. The biggest single problem is that they don’t understand thermodynamics and radiation, and they are not prepared to try to learn and understand such. They just scoff at the author of that breakthrough science (already endorsed by other physicists) and think they know better. But water vapor does not raise surface temperatures and they cannot prove it does with any valid study of temperature/precipitation records. THAT SINGLE FACT DEMOLISHES THE GREENHOUSE.

Tucci78
Reply to  LukesAreWrongToo
November 21, 2015 3:19 am

Writes LukesAreWrongToo:

The calculations by Lukes and Warmists are WRONG because they do NOT explain the required energy flows. […] The biggest single problem is that they don’t understand thermodynamics and radiation, and they are not prepared to try to learn and understand such. …water vapor does not raise surface temperatures and they cannot prove it does with any valid study of temperature/precipitation records. THAT SINGLE FACT DEMOLISHES THE GREENHOUSE.

That “SINGLE FACT” is not alone in having demolished “THE GREENHOUSE,” as the Earth Radiation Budget Experiment (ERBE) (which had been “…retired for budgetary reasons on October 14, 2005….”) and other increasingly sophisticated metrology applied to the planet’s energy budget have kept demonstrating the utter bankruptcy of the preposterous Cargo Cult “science” premise “… that solar forcing of climate, although significant, is overwhelmed by anthropogenic climate forcing” (Wiki-friggin’-pedia, the greatest single exercise in predatory prevarication since the composition of the Qur’an).
Factual reality has never been the friend of what we’ve come nowadays to call “Social Justice Warriors.”

The SJWs are not bad people. Not at first. Even Lucifer was not totally wretched and evil at first.
That is the important thing to remember.
They are good people with a bad theory who are addicted, like a cocaine addict, to the rush of ego-gratification that comes from self-righteousness.
The Morlocks once were human, once dwelt on the surface, under the sun, and once ate wholesome meats, and did not feast on human flesh. It takes several steps pf evolution to go from being a good man to being a subhuman troglodyte cannibal. Not all have taken all the steps
It is a three stage trap into which they fall, and at each stage, for the best of reasons.
The first stage is an appeal to their sense of fairplay not to make a decision until all the facts are in, not to condemn the wicked until they are proved wicked, and to question everything, to question authority.
But this first stage trap closes when their sense of fairplay comes to the conclusion that no authority, not the authority of morality, not the authority of reason, not the authority of logic, can sit in judgment on any matter. They become so open minded that their brains fall out. They cease to reason in the name of fairplay.
Call this the Appeal to Equality. If all men are equal, no man’s opinion is better than any others’, and so there is no such thing as a right man and the wrong man, a right answer and a wrong answer, a civilized culture or barbaric one. The Appeal to Equality says that to think one answer correct and the other wrong, one behavior a vice and another a virtue, is a hasty judgment, even bigotry.
Reasoning becomes a hate crime.
Once they cease to reason, that is, cease to look at facts for answers, they are thrown back on their emotions and nothing else for a standard of judgment by which to organized their lives, and to build their model of the universe.
At this point, having lost the civilized gift of reason, they are barbarians.

— John C. Wright, “Barbarian, Troglodyte, Morlock” (3 November 2016)

Gambeir
Reply to  LukesAreWrongToo
November 21, 2015 3:24 am

I think I agree with you in general but not because you’re correct about understand the causes because you’re not right about that any more than the warmers are about the causes of global warming.
The Earth is not independent of the Sun, but our solar system is independent of the Galaxy which moves at a different speed. We are entering a band of high energy plasma, the Earth, Sun, and entire Solar System is transiting in to a new field of energy and the powers that be have know this would be happening for a very long time. Edmund Teller was enlisted to begin work on how to deal with what was known back the 1950’s, and the information is out there in the wilds. Our planet is in an expansionary state of matter creation in a process which is not well understood, but which does involve the processing of energies in to matter, and it has done this many times. It is why we have an active geology. It is why dinosaurs existed because most of the large ones cannot exist in today’s gravitational field, and matter equals gravity. Biologists and paleontologists have already proven to satisfaction that it would have been impossible. So the expanding earth is a fact, not a fiction as the deniers would like people to believe. Point is, it strongly supports the visible information that the earth is process of expanding once more, and that this is what the core issue is.
CERN is involved in attempting to understand this. It is about matter creation, as well as some other things quite possibly. At any rate, the changing magnetic fields and failing magnetic readings are a normal and known consequence of what happens when a magnet is heated. So it seems pretty obvious that the core of the planet is itself heating up, and the results are visible even while professional invent stories as to why sinkholes are happening all over, or there are now unpredictable weather patterns, or a whole host of things.
This idea isn’t that complex and revolutionary. When I was a kid there was a big discussion about the notion of tectonic plates. The difference today is that we have group of billionaires whom are controlling the information taught in schools and whom also own the public airways which they have now turned in to their own private propaganda systems.
So anyways, one thing I’ve learned after 60 years of life is that no one has the full answers and a PHD isn’t half as smart as some people with nothing more than a 4th grade education. So when one of the experts can replicate Edward Leedskalnin’s feats and work that in to an explanation of global warming then I might be willing to give you some consideration that you really do understand what is making the planet act strangely.

hunter
Reply to  LukesAreWrongToo
November 21, 2015 5:21 am

Our monitors might want to note that a certain Cotton has found access to a keyboard again.
{Noted. .mod]

Toneb
Reply to  LukesAreWrongToo
November 21, 2015 7:40 am

Err,
I think this is a certain Doug Cotton.
Answers on a postcard to ….
Roy Spencer?

Claude Harvey
November 20, 2015 9:43 pm

All these words and all this energy wasted on a story that got it backward, even though the error was noted early on by:
Ferdberple
November 20, 2015 at 8:30 pm
The petition was in fact denied
The plantifs called it a victory bit they lost all the same.

Janice Moore
Reply to  Claude Harvey
November 20, 2015 10:24 pm

lol, Claude Harvey, ferdberple just repeated what had been said over 2 hours earlier. We’ve been “wasting” energy (from your point of view) since 6:24pm — when Martin Mayer (and John F. Hultquist (6:25pm) alerted us to this info.. You didn’t read their comments, did you… . Well! Since you likely also did not read mine, here’s mine from 7:52pm, in response to your accusation of our wasting our time:
“I agree about the fact checking, Mike, but, my own comments on this thread aside, I think that in spite of the mistake about the judge’s ruling, the discussion of this frivolous lawsuit’s being brought at all and of the judge’s AGW fantasy-based reasoning elicited many worthwhile comments.”

Claude Harvey
Reply to  Janice Moore
November 20, 2015 11:51 pm

You are correct that I did not read most of the comments, because I had read news of the actual ruling before I got to this botched account. I scanned the comments looking for recognition of the error and hit on ferdberple. Then I read your comment and your “never say die” position prompted my comment. Seems to me that, once lathered up, the crowd wasn’t inclined to waste a good rush of indignation just because “A Washington State Judge has found in favour of petitioners demanding action on Climate Change” was patently untrue. I stand by what I wrote.

MarkW
Reply to  Claude Harvey
November 21, 2015 7:11 am

The judge declared that he had the right to require the state to create such regulations. The only reason why he didn’t in this case was because the state was already creating such regulations.

CarlF
November 20, 2015 9:58 pm

The judge in the case in question likely violated judicial standards because no harm could be demonstrated and therefore the plaintiffs don’t have standing. If they can appeal it in a sane jurisdiction it would likely be reversed.
The SCOTUS has already set the precedent that the courts can write laws. The POTUS has set the precedent that he can write laws. Meanwhile, the legislature can’t write laws because either Reid or Obama won’t allow it. Let’s all blame Bush.

nc
November 20, 2015 10:01 pm

Logoswrench like your comment but you forgot the batshit crazies in British Columbia. Now Alberta has a government that make the original batshit crazies look sane. Don’t even get me started on our new federal government.

Knute
Reply to  nc
November 20, 2015 10:11 pm

NC
I assume you’re from Canada. If you don’t mind your opinion on the below.
Is this pipeline really dead ?
http://www.desmog.ca/2015/10/20/enbridge-northern-gateway-pipeline-finally-dead
Thanks

Janice Moore
Reply to  Knute
November 20, 2015 10:31 pm

Helloooooo, Knute! 🙂
Until NC returns…. MY opinion is: No. The Canadian pipeline promoters are a noble, intelligent, bunch. They will persevere until the U.S. elects Ben Carson (or anyone-but-a-Democrat). Only if the Demonocrats win the Whitehouse in Nov., 2016, will the pipeline be dead (and, even then, there is still hope, for Congress may then have a veto-proof majority pro-pipeline and it won’t matter who is in the Whitehouse).

Knute
Reply to  Janice Moore
November 20, 2015 10:53 pm

“The Canadian pipeline promoters are a noble, intelligent, bunch.”
Ah good. I follow the progress via the webpage. Nice one too.
http://www.gatewayfacts.ca/
Once again, the Canadians set the bar for doing some solid engineering and transparent outreach.
I’m very curious about the line, because if that one is stopped it will force even great oil by rail traffic.
Uncle Warren will continue to benefit.
http://www.bloomberg.com/bw/articles/2013-11-14/2014-outlook-warren-buffett-cashes-in-on-railroad-tank-cars

nc
Reply to  Knute
November 21, 2015 10:26 am

Hello Knute Janice got some of the politics in. Native groups in general are against but mostly the vocal groups most of them overall would welcome the jobs. It mainly comes down to what kind of a deal they can make. I live in the area.
Funding for the protests are the usual NGO’s with questionable sources of funding from those serving their own interests under the guise of environment. These NGO’s get the locals all fired up for their own use.
The new Prime Minister, Justin Trudeau has swallowed the AGW coolaid but what is interesting he is against bulk oil shipments by ship but did not define what he meant leaving out refined products and LNG which maybe he supports but did not come right out and say it.
Protesters are against shipping oil down the Douglas channel without looking at the facts as usual. Freighters have been using that route for decades with out an incident that I can find. In the case of oil shipments, navigation aides, radar, traffic control will be upgraded and added. Two escort tugs, one tethered to the tanker will also be used.
A lot of the negativity against the project has to do with exporting the raw material instead of refining it in Canada for value added.
Not sure if a political change in the Whitehouse would make a yes or no on the gateway project as it stands now in moving unrefined oil.
Trudeau made a lot of promises during the election not thinking the Liberals would form a majority and since the country is bleeding money right now he is in a tough position to back up those promises. Only half a month since getting in he is already forming the ground work to weasel out of his promises. He needs money so time will tell. Wait for the spin.
The NGO’s have published a lot of misinformation in their propaganda about saving the environment knowing full well the majority of people will not check the details as usual.
The Smithers area is a hotbed of irrational environmentalism. Protesters holding up protest signs while wearing petroleum based clothing and they didn’t peddle to the protests.

Knute
Reply to  nc
November 21, 2015 11:50 am

Thanks NC
I find it fascinating that Canada and the US enviro groups are merging into an organization that crosses borders in terms of its influence. As far as I can tell from reading the plans, preps and following the comments, Enbridge has done a kick ass job. If anything, it is over engineered. I’ll keep on following and it’s good to know there are a few people here who can ground truth the 411.
Thanks for answering my request for input.

Hivemind
November 20, 2015 10:54 pm

We’ve seen this charade in America before. The envirozealots sue the EPA in a friendly court, to which the EPA raises no real defence. Once the court finds against the EPA, as planned, the EPA uses that finding to justify whatever appalling restrictions on free trade they want.

4TimesAYear
November 20, 2015 11:31 pm

Anyone think to ask the judge for chapter and verse? 🙂

hunter
November 20, 2015 11:43 pm

The faux children plaintiffs, their attorneys, the corrupt state agency and judge need to be brought up on conspiracy charges. The chances that this was not a pre-arranged bit of theater designed to hurt the citizens and enrich the various participants is basically zero.

Jean Meeus
November 20, 2015 11:56 pm

Some what OT, but a friend sent me the following reference, that contains a strange graph. All points lie almost exactly on a straight line. The temporary maximum of 1998 is not seen. What do you think about that graph?

Marcus
Reply to  Jean Meeus
November 21, 2015 3:19 am

It’s from Gavin Shmidt , ignore it !!! Junk Science !

Werner Brozek
Reply to  Jean Meeus
November 21, 2015 1:52 pm

The GISS anomaly for October at 104 smashed the previous all time high mark of 97 from January 2007.
However with RSS, its October value of 0.440 was beaten in October 1998 at 0.461. Furthermore, all of the first 10 months of 1998 beat 0.440. In addition, it was beaten for several months in 2010.
UAH6.0beta4 did have its highest October on record at 0.427. However all of the first 9 months of 1998 beat that mark. In addition, it was beaten for several months in 2010.
Hadcrut4 set an October record at 0.811. However this does not beat its all time high anomaly of 0.832 set in January of 2007.
GISS and Hadcrut4 and Hadsst3 will set new records in 2015, however both satellites will not get higher than third place. I am assuming of course that Dr. Spencer is not about to be replaced very soon by you know who.

lyn roberts
November 20, 2015 11:57 pm

I still remember when I was about 10-12. I was a witness to a miscarriage of justice, the whole case rested on the date of the full moon, as neighbour was supposed to been seen on that night. I looked at my Dad and said how can a full moon be 14 days apart, even as a child I new the moon was on a 28 day cycle, as we used to go fishing on the full moon night, in a loud voice. Was tossed out of the courthouse. Dad tried to protest, and nearly found himself in contempt, he was also tossed out. Now thats a really great example of justice to give to a child. Neighbour ended up being found guilty of crime, that was a nonsense. That neighbour was one of the most kindly gentle men you could have ever wished to meet, and he cared for his crippled wife till the day she died. I still have a problem with so called justice. Another nonsense, hope the judge is warming his feet in all that white global warming.

Janice Moore
Reply to  lyn roberts
November 21, 2015 2:11 pm

Dear Lyn,
That was sad and disgusting, how you and your dad were treated, even more, that an innocent (I’m going with your judgment) man was convicted of a crime. I wonder how good his defense attorney was. Too bad he did not have Abraham Lincoln (famous case in his biographies where full moon fact is key) for his defense attorney.
We sure could use more Abraham Lincolns in this world.
Thanks for sharing. We need to be reminded of stories like yours.
And do post more often.
Janice

Eliza
November 21, 2015 1:57 am

Elephant in the room
http://notrickszone.com/2015/11/20/german-professor-examines-nasa-giss-temperature-datasets-finds-they-have-been-massively-altered/#sthash.QhLzsMLA.dpbs
Its probably what Rep L Smith already knows, butif not, this will eventually out

Janice Moore
Reply to  Eliza
November 21, 2015 2:15 pm

Good find, Eliza — I don’t know WHY HAS THIS ARTICLE NOT BEEN FEATURED YET ON WUWT??
When AndyG (and another commenter on the Josh Cartoon thread, I think) pointed this out 2 days ago, I did what I will (sigh) do again here:
THIS ARTICLE NEEDS TO BE POSTED ON WUWT!

http://notrickszone.com/2015/11/20/german-professor-examines-nasa-giss-temperature-datasets-finds-they-have-been-massively-altered/#sthash.QhLzsMLA.dpbs

I will try to submit it on the WUWT suggested topics link.

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