Trump Solicitor General Steps Up Efforts to Dismiss the Children’s Climate Change Lawsuit

Noel Francisco
Noel Francisco, Solicitor General of the United States

Guest essay by Eric Worrall

Trump Solicitor General Noel Francisco has stepped up efforts to have the Juliana V.S. US climate court case dismissed.

Trump administration wants the Supreme Court to throw out landmark youth climate case

The landmark climate case has so far survived multiple attempts to block it.

JUL 18, 2018, 1:26 PM

The Trump administration has gone to the Supreme Court in an effort to stop a landmark climate case brought against the federal government by 21 children and young adults. The last-ditch effort comes ahead of a court hearing on the case scheduled for Wednesday afternoon.

On Tuesday, Solicitor General Noel Francisco from the Department of Justice (DOJ) asked the Court to block any further legal proceedings in what it calls an “ill-conceived suit” — including Wednesday’s hearing. The government is also seeking to stay discovery and trial in the U.S. District Court of Oregon where the case is scheduled for October.

In what legal experts have called a groundbreaking piece of climate litigation, the lawsuit seeks to hold the federal government accountable for its role in perpetuating climate change. The final decision could shape the future of climate litigation for years to come.

The government is “desperately trying to outrun the justice system,” Erika Lennon, senior attorney at the Center for International Environmental Law, said in an email to ThinkProgress. “The Supreme Court should see this as nothing more than the latest contortion by the Trump Administration to avoid facing these courageous youths in court, deny the government’s request, and allow this case to proceed using the normal judicial process.”

Read more:

Below is a copy of the motion to dismiss (may take a few seconds to load):

View the full document here.

Behind the facade of optimism at least some greens seem to have accepted that the case has very little hope of success. James Hansen recently accused President Obama of failing to settle the lawsuit when he had the opportunity. Hansen claims that if Obama had done what Hansen asked, it would have been far more difficult for President Trump to unwind Obama’s climate policies.

… Hansen even accuses Obama of passing up the opportunity to thwart Donald Trump’s destruction of US climate action, by declining to settle a lawsuit the scientist, his granddaughter and 20 other young people are waging against the government, accusing it of unconstitutionally causing peril to their living environment.

“Near the end of his administration the US said it would reduce emissions 80% by 2050,” Hansen said.

“Our lawsuit demands a reduction of 6% a year so I thought, ‘That’s close enough, let’s settle the lawsuit.’ We got through to Obama’s office but he decided against it. It was a tremendous opportunity. This was after Trump’s election, so if we’d settled it quickly the US legally wouldn’t be able to do the absurd things Trump is doing now by opening up all sorts of fossil fuel sources.” …

Read more:

In my opinion this hopeless lawsuit is an abuse of the trust and emotional well being of plaintiffs who are too young and inexperienced to properly understand how they are being used as pawns to advance a selfish political agenda.

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Joel O'Bryan
July 18, 2018 9:09 pm

Does anyone now doubt that Democrats are indeed “The Party of Children?”

This pretty much clenches that fact.

Reply to  Joel O'Bryan
July 19, 2018 12:33 am

Not children, but juvenile. To paraphrase. If you are not a Democrat when you are twenty, you have no heart. And if you are still Democrat when you are fourty, you have no brain.

‘Progressives’ (what a communist word!) tout they have young devotees. What they fail to say is that experienced people tend to lean right. It is inexperience which makes you an idealist. You can outgrow it.

Reply to  Hugs
July 19, 2018 1:46 am


Children should be seen and not heard.

There’s no fool like an old fool.

Pertinent in this case.

Reply to  HotScot
July 19, 2018 10:29 am

Oh.. not the children! The pied piper is trying a new twist .

Reply to  Hugs
July 19, 2018 8:18 am

Hugs, I disagree that inexperience make idealism, while the two are coincidental, it is ignorance which promotes idealism. Idealists tend to ignore many factors (of which they are ignorant) and create some non-functional concept of how they’d like things to be. However, these ignored factors are not inconsequential and drive the situation often completely contradictory to the false ideal.
Inexperience may drive ignorance, yet there are many “experienced” individuals who remain ignorant.

Joel Snider
Reply to  Hugs
July 19, 2018 9:11 am

They aim for kids because they haven’t seen the con before and don’t know any better.

Eamon Butler
Reply to  Joel O'Bryan
July 19, 2018 4:51 am

Lol! A children’s party. Musty be all those sugary carbonated drinks.;)

Reply to  Eamon Butler
July 19, 2018 8:27 am


Joel Snider
Reply to  Joel O'Bryan
July 19, 2018 9:09 am

Spoiled children.

Reply to  Joel O'Bryan
July 19, 2018 2:46 pm

Same here in Oz where the Greens and some in Labor want to lower the voting age from 18 to 16. When it was lowered from 21 to 18 there should have been a rider that you only get to vote if you’ve moved out got a job and are paying your own bills and that applies at any age.

Craig from Oz
Reply to  observa
July 19, 2018 8:12 pm

The ‘Youth Vote’ in many practical senses is a complete lie.

Yes there are ‘youth’ and in many countries of the world they are allowed to vote. The practicality is that they also get old and under most election cycles they get to cast their ‘Youth Vote’ once before they become adults and start to realise that paying the rent is a slightly more pressing concern in their lives.

There is also the clear observation that the group most likely to hate 17 year olds is 19 year olds. Youths age rapidly once they finish high school and either discover the world doesn’t really revolve around them or go and study Liberal Arts. Their voting habits change and the election results prove this. Take the Greens in Australia, who are the party normally associated with ‘Youth’ here in Oz. If the ‘Youth’ were changing the world then you would expect their share of the vote to constantly grow as new youth come into at the bottom and those old white males who vote conservative start to die.

Spoiler – this isn’t happening. Green vote if anything is dropping.

Harsh Conclusion? Screw the ‘Youth’. They are only young once and then they grow up.

Alan Tomalty
July 18, 2018 9:19 pm

Does everybody finally realize just how much of a threat to the western world that this global warming hoax is? If a bunch of children (led by a deranged man called James Hansen) can sue the most powerful government on the face of the earth over its’ non neglect of a non-existent problem and tie up some of the legal resources of said government, then we are in one hell of a mess.

Reply to  Alan Tomalty
July 18, 2018 10:17 pm

As best as I can tell, Hansen’s motivation for developing so much of the broken science supporting climate alarmism was his response to having been called a lunatic by the Reagan and first Bush administrations for his chicken little claims of climate alarmism. It seems that he considered the ends of establishing the IPCC to support his position justified the means of using bad science to get it started, as he expected proper science would eventually be found. After decades of trying, science couldn’t find the answer he wanted, nor will it. Distorting the vulnerable minds of children with his brand of egocentric alarmism won’t work either.

Reply to  co2isnotevil
July 20, 2018 9:38 pm

The IPCC was the work of the late Maurice Strong, a Canadian oil billionaire, corrupt UN apparatchik, far left fanatic, and cynical, behind the scenes manipulator compared to whom George Soros looks like an dabbling amateur.

“In order to save the planet, the group [GIM] decides: Isn’t the only hope for the planet that the industrialized civilizations collapse? Isn’t it our responsibility to bring this about? This group of world leaders [GIM] forms a secret society to bring about an economic collapse.”

Maurice Strong – regarding Generation Investment Management LLP

When Strong first encountered the notion “climate change” from Gro Harlem Brundtland and Bert Bolin, he immediately recognized it as the vector through which he could force his totalitarian plans on the world. He never showed the remotest concern for environmentalism otherwise.

Rob Manzoni
Reply to  co2isnotevil
July 27, 2018 7:49 pm

“…Distorting the vulnerable minds of children with his brand of egocentric alarmism won’t work either….”
But he must be made to pay for this egregious dishonesty…
Too many dishonest individuals get away with it. This must stop; and actions must have real consequences

Joel Snider
Reply to  Alan Tomalty
July 19, 2018 12:55 pm

That’s just one element. Ironically, the least threat of AGW is global warming itself.
The thing that has always scared me most is what people will try to do about it, or how the issue will be exploited.
So, in it’s own way, it IS a human-made disaster just waiting to happen.

Rob Manzoni
Reply to  Alan Tomalty
July 27, 2018 7:46 pm

“…and tie up some of the legal resources of said government…”
These warm-mongers cost the government a fortune in court fees – but also in time, stolen from real work which is lost forever.
When they lose, Hansen – in his personal capacity – must be made to cover ALL the costs of the case, including those of the government’s legal team and for the time taken away from service to the nation…

Hansen’s many years of bad science and his dishonesty has caused untold confusion among the public, most of whom know little real science.
With this wasteful “climate change” issue fresh in everyones’ minds, the Department of Education should make basic science (including biology) a compulsory subject for every school pupil, irrespective of the “type” of school – for example, no exceptions for Montessori- or Faith-based schools; and the subject must be included to the last day of school, not just for a year or two…

Clay Sanborn
July 18, 2018 9:20 pm

The words “Climate Change” are redundant. One only needs to say “Climate”, which changes – that it what it does for a living. Mankind does not have the capacity to alter its natural course.

Reply to  Clay Sanborn
July 18, 2018 9:47 pm

If it wasn’t changing, it would be broken.

Bruce Ploetz
Reply to  Clay Sanborn
July 19, 2018 5:14 am

You’ve got to have a program to know the players. (Old hawking cry used by the vendors that sold broadsheet programs at baseball games)

“Climate Change” doesn’t mean climate change. It means Human caused climate change. The prejudice and garbageology is built into the definition, absolving the user of any need to make an argument or present a case.

“Carbon Pollution”, the missing word is carbon dioxide pollution, allowing the user to invoke a compelling image of carbon particles streaming out of smokestacks, from the industrial revolution scenes in Charles Dickens’ “Old Curiosity Shop”. In reality carbon dioxide is invisible and the plumes coming out of power plants are mostly water vapor.

Loaded language, redefined terms to create a climate of fear, lies and distortions to create a false narrative. These are all the tools of propagandists and demagogues from Alcibiades to the modern day. “Climate change” is just a recent example. It would be stupid and funny if so many were not convinced that it is real.

Reply to  Bruce Ploetz
July 19, 2018 7:01 am

BRUCE : The TRAGEDY of this is that the CHILDREN are being
TOLD THIS and INSTRUCTED IN THIS by their “professional teachers”
at ALL LEVELS now.
They are being taught that WESTERN CILIISATION is EVIL ,
that their parents are selfish and greedy and only fit for the scrap-heap
( and the sooner the better……. BEFORE THOSE GREEDY SODS
that they are personally worthless and that there is no hope
or future or purpose to life ! They will NEVER be able to afford a house !
Their jobs will be replaced by robots and they will have to have
UBI to survive !{A universal basic income (UBI) is a payment made to
all adult individuals that allows people to meet their basic needs.
It is made without any work or activity being required ……}
People in professions that “we” were brought-up to respect and whose
opinions “we” valued are now nothing more than corrupt propagandists !
idealistic teenagers intent on “rebelling against their parents values”
who were extolling the virtues of MARX and LENIN…………………..
now it is MOST OF THE HIGHLY PAID ACADEMICS in our Universities
and Schools that are promoting it and indoctrinating our children !
They have destroyed the VALUE and the VIRTUE of EDUCATION and
created a mass of ILL-EDUCATED ( Can’t read , write , speak in an
articulate manner and are innumerate ) , “entitled” , narcissistic ,
placard-waving , immature adolescent , purposeless and hopeless bunch
of FUTURE UNEMPLOYABLE misfits ! ………AND that is the “good ones ” !!!
ps…….Have you NOTICED by any chance that it is the
“UNIVERSITY DROP-OUTS” that have become
the MOST successful ones !!!?????? …..Co-incidence ? …. I think not !
“We” NEED to clean-out the EDUCATION SYSTEM and start off all over again !

Paul Penrose
Reply to  Trevor
July 19, 2018 9:46 am

Please stop shouting (all-caps). As I used to tell my children constantly: inside voice!

Reply to  Paul Penrose
July 19, 2018 2:51 pm

In Trevor’s defense, it’s NOT “all caps”. Rather, it’s selective use of caps to emphasize or simulate modulating your voice in an actual spoken conversation, rather than proceeding in the mundane cadence and lack of inflection of a sing-song voice.

I accept selective caps as a device for this purpose. Think outside the box. (^_^)

I’d rather see a simulation of voice dynamics using selective caps than having every sentence end in a question mark, to simulate the strangely increasing pitch of declarative statements a lot of young girls use today, as if uncertain of what they are saying, and, in my opinion, showing a lack of conviction in what is being stated.

Reply to  Robert Kernodle
July 19, 2018 3:37 pm

Capitalize words considered important to understand the specific meaning and usage, EQUIVALENT and RADIATIVE comes to mind. Quotes are interpreted as ‘air quotes’ and indicates where a word really doesn’t represent what it seems, for example, ‘feedback’, ‘forcing’ or ‘sensitivity’. Acronyms like MWP and LIA are also capitalized. Not capitalizing one is marginalizing what is stands for, as in ipcc or giss. Misspelling adds insult, especially if a bodily function is invoked, for example, ippc.

Clay Sanborn
Reply to  Bruce Ploetz
July 19, 2018 7:10 am

Bruce, very good.
Liberals have learned they can’t win arguments with their lies, so they have taken to using subversive phraseology (“garbageology”), which when repeated often enough (media) becomes a kind of truth for folks that can’t discern, and who are apparently vulnerable to emotional appeal. Take the phrase “Planned Parenthood”, who would think that would be a bad thing, yet in actuality it means the coordinated killing of dozens of millions of babies they call a natural right of the mother. Kill the child in the womb – that’s OK – kill the child a few months later when it is fresh out of the womb – that’s murder. Evil semantics!
If they can float abortion, and ACGW and illegal immigrant voting (in this country) and getting rid of plastic straws, etc., etc., what’s next? What is their end game? I believe the answers are in the Bible.

honest liberty
Reply to  Clay Sanborn
July 19, 2018 2:09 pm

and they sell to big pharma, who uses fetal tissue as growth media for vaccines:
Big money, and yes, biblical

“Because of its position on abortion, some members of the Catholic Church asked for its moral guidance on the use of vaccines developed using cell strains started with human fetal cells. This includes the vaccine against rubella as well as those against chickenpox and hepatitis A, and some other vaccines. The official position according to the National Catholic Bioethics Center is that individuals should, when possible, use vaccines not developed with the use of these human cell strains. However, in the case where the only vaccine available against a particular disease was developed using this approach, the NCBC notes:

One is morally free to use the vaccine regardless of its historical association with abortion. The reason is that the risk to public health, if one chooses not to vaccinate, outweighs the legitimate concern about the origins of the vaccine. This is especially important for parents, who have a moral obligation to protect the life and health of their children and those around them. ”

That is just one notation, in one article, that acknowledges this. And it took me 20 seconds to verify it.

honest liberty
Reply to  honest liberty
July 19, 2018 2:11 pm

Current Vaccines Developed Using Human Cell Strains

Two main human cell strains have been used to develop currently available vaccines, in each case with the original fetal cells in question obtained in the 1960s. The WI-38 cell strain was developed in 1962 in the United States, and the MRC-5 cell strain (also started with fetal lung cells) was developed, using Hayflick’s technology, in 1970 at the Medical Research Center in the United Kingdom. It should be noted that Hayflick’s methods involved establishing a huge bank of WI-38 and MRC-5 cells that, while not capable of infinitely replicating like immortal cell lines, will serve vaccine production needs for several decades in the future.

The vaccines below were developed using either the WI-38 or the MRC-5 cell strains.
•Hepatitis A vaccines [VAQTA/Merck, Havrix/GlaxoSmithKline, and part of Twinrix/GlaxoSmithKline]
•Rubella vaccine [MERUVAX II/Merck, part of MMR II/Merck, and ProQuad/Merck]
•Varicella (chickenpox) vaccine [Varivax/Merck, and part of ProQuad/Merck]
•Zoster (shingles) vaccine [Zostavax/Merck]
•Adenovirus Type 4 and Type 7 oral vaccine [Barr Labs] *
•Rabies vaccine [IMOVAX/Sanofi Pasteur] *

* Vaccine not routinely given

Alan Tomalty
July 18, 2018 9:22 pm

NASA Fraudulent Science

As Tony Heller, Paul Homewood and others have pointed out many times, NASA has repeatedly produced fraudulent graphs based on tampered datasets. Tony has dozens of short You tube videos on how NASA does it. I want to focus on one in particular that is the most important fraudulent graph ( global land sea temperature). Other scientists are using these fraudulent graphs /datasets in their work and it is corrupting all of climate science and who knows what other science.
The one I am referring to is the 1st graph in this soon to be released paper from Joel Norris of the Scripps Institution of Oceanography(a department of the University of California at Berkeley).

You can see a draft powerpoint of this paper here .

You can easily recognize this fraudulent Global temperature graph because it basically got rid of the hot 30’s and conveniently ended before the long pause after 2000. The graph makes no mention that both land and sea temperatures have been combined. That is bad enough, but go to Tony Hellers you tube video and he will explain exactly how NASA tampered with the data.

However, I also want to point out some untampered data that Joel is using in his presentation. The data is from the Earth Radiation Budget Experiment(ERBE). ERBE actually spans 2 different time frames. The original time frame , I will quote from NASA.

“The Earth Radiation Budget Experiment (ERBE) is designed around three Earth-orbiting satellites: the NASA Earth Radiation Budget Satellite (ERBS), and two NOAA satellites. The data from these satellites is being used to study the energy exchanged between the Sun, the Earth and space. The ERBE instrument aboard ERBS, launched from the Space Shuttle Challenger in October 1984 (STS-41G), had the primary goals of determining, for at least one year: the Earth’s average monthly energy budget and its monthly variations, the seasonal movement of energy from the tropics to the poles, and the average daily variation in the energy budget on a regional scale (data every 160 miles). All of these first year goals were met, and the ERBE instrument continues to provide valuable data more than 10 years later.”

The 2nd time frame started back up again in 1994 and went to 2000. Also overseen by NASA Langley is the ERBE successor known as the Clouds and the Earth’s Radiant Energy System (CERES), in place since 1998. However since Joel is not using any data beyond 2000, I can only assume that he couldn’t find any radiation data on NASA that would carry on where ERBE left off. Looking at one of Joel’s graphs, I can see why. The reason is that NASA found that the LWIR was not decreasing as it should, if CO2 is having any effect. Look at the graph(Estimated Variability Since 1952) on the right on Noel’s page 54 of the pdf document. Both graphs are titled Cloud Estimated and ERBE radiation, but the one on the right is for the whole ocean. There are actually 4 graphs in one on each graph. The one we are interested in is Outgoing LW . The trend line is actually upward. That is NOT what NASA wanted to see. Thus they are downplaying data collectiion for LW IR and instead focusing on clouds in the the new CERES satellites. It seems that over the years NASA puts out new projects with expensive satellites to measure some variable to try to prove global wareming. When the data invariably tells them that NO global warming is happening, they then shut the project down or combine it with something else. James Hansen did it in 2009 after 20 years of measuring water vapour in atmosphere. Now hoever NASAis again doing it with the CERES satellites but only measuring water vapour over the oceans. What that will tell them I don’t know, but it certainly won’t tell them that CO2 has been forcing more water vapour for the last 70 years.

Now there is one more piece to this LW IR puzzle. Maybe the sun has been shining more and that is why there is more outgoing LW IR. Well we are fortunate that NASA has been measuring the sun but more importantly for us skeptics , they got a partner the European Space Agency(ESA). So the data collected on the sun’s radiance is beyond tampering, because ESA is involved. It was called the Virgo experiment and lasted from Nov 16, 1978 to Oct 1, 2003. I have a graph of the data and it shows a 2 cycle sine curve (what else) varying from 1365.7 W/m^2 to 1367.9 There is no relation in the common years to the solar graph and the outgoing LW graph. However when the solar graph was at it’s peak in 1985 the outgoing LW IR was at a minimum. But that doesnt tell us anything because if solar was really going up you would think that the outgoing LW IR would also be going up but not at the same rate if CO2 really was a climate control knob. Because there doesnt seem to be any relation in the 2 variables, solar irradiance and outgoing LW IR ; this must be a measuring problem, as the physics says there has to be a direct correspondence. So NASA has failed again to show a variable that would prove their global warming meme.

Eric H
Reply to  Alan Tomalty
July 18, 2018 11:25 pm

FYI Scripps is in San Diego at UCSD not Berkeley

J Mac
July 18, 2018 9:32 pm

This lawsuit is childish in its conception, adolescent in its execution, and infantile in its unsubstantiated non-science basis. The perpetrators should all be placed in criminal ‘time out’ until they each complete legibly writing “I will never participate in anything as stupid or wasteful as this childish climate lawsuit ever again!” one thousand times, using chalk on chalk board only.

Reply to  J Mac
July 19, 2018 1:51 am

J Mac

“one thousand times, using chalk on chalk board only.”


Reply to  HotScot
July 19, 2018 7:12 am

In cursive…

Reply to  Darrin
July 19, 2018 3:01 pm

No, no, … in legible print, and THEN in cursive, … and afterwards, they have to erase it all and clean the chalk boards.

Oh, did I say how utterly stupid and childish the court system has been for even allowing this case to progress as far as it has ? After the chalk-board exercise, all adults involved should be forced to run laps around the Supreme Court building, while the children who have been used sit watching, cheering them on, drinking lemonade.

July 18, 2018 9:36 pm

..the lawsuit seeks to hold the federal government accountable for its role in perpetuating climate change.

If greentards would just pedal-power their own lives rather than stay connected to the grid and driving their kids to school or shoving them on a bus and complaining about how government or everyone else but THEM are causing disaster (without a shred of evidence), then someone just MIGHT listen to them.

In my opinion this hopeless lawsuit is an abuse of the trust and emotional well being of plaintiffs who are too young and inexperienced to properly understand how they are being used as pawns to advance a selfish political agenda.


Reply to  ЯΞ√ΩLUT↑☼N
July 19, 2018 7:19 am

Actually the ENTIRE EDUCATION SYSTEM as it exists now is SET UP and RUN
BY THE “GREEN-TARDS” for the “GREEN-TARDS” to produce a never ending
stream of “GREEN-TARDS”…………..our precious children !!!!!!!
THEM in sufficient numbers to DESTROY THE PRESENT “sausage-machine”
Give THAT some thought !!!!!!!!!!!!!

Reply to  Trevor
July 19, 2018 3:21 pm

If it’s any comfort, there is some evidence that the younger generation is actually becoming more conservative. There is a loud minority of middle class ‘radicals’ that gets all the attention through their activism. But check out the #Walk Away campaign from the US, which is getting bigger and bigger, and watch some of the videos posted by ordinary people. Everybody is telling the same story. People are waking up, and not a minute too soon. Also note the huge popularity of Podcasts and YouTube discussions by intellectuals/scientists, as well as the growth of quality online publications. I’m here because I became suspicious after all the cold weather last year in the UK/North America, and they blamed it on warming! I searched “failed climate predictions” and that led me to WUWT and then onwards and upwards out of the dark. I watched loads of presentations by scientists, I read articles, I looked at the evidence. Anybody who has the inclination can do the same. Universities and the MSM are becoming increasingly redundant. Look up the Intellectual Dark Web. I read somewhere that young men in particular are “sick of all the social justice sh*t”. And who can blame them, particularly when masculinity is under attack, and boys are supposed to feel bad simply for being boys.

July 18, 2018 9:43 pm

In my opinion, the lawyers are doing their job…….obfuscation.
At least you know the lawyers are lying, and ya know the politicians are lying, so where does that leave the voters ?
Scaring the “F” out of the hopefuls 🙂

July 18, 2018 10:16 pm

Justice should be blind. Sadly, it isn’t. It matters who’s sitting on the Supreme Court. At this point the SCOTUS has a 5-4 conservative advantage. link

The race is not always to the swift nor the battle to the strong, but that’s the way to bet. Damon Runyon

Reply to  commieBob
July 19, 2018 1:55 am


It appears the politicisation of the Judiciary is a fundamental, and serious flaw in the American system.

Reply to  HotScot
July 19, 2018 5:26 am

But not unique to the American system. The apolitical judge, like the chivalrous knight, is a fine ideal, but one that is very rarely realized anywhere in the world.

Reply to  drednicolson
July 19, 2018 5:56 am


Our judicial system in the UK is apolitical. Judges have done, and do go head to head with our government.

Solomon Green
Reply to  HotScot
July 19, 2018 6:25 am

HotScot, you forgot to add “particularly when it is a Conservative Government”.

Two of the most senior justices of the Supreme Court – one of Tony Blair’s creations – did not recuse themselves in the Gina Miller case becuase they could be trusted not to let their personal poriions or their family links interfer with their judgemens.-

Reply to  Solomon Green
July 19, 2018 7:02 am

Solomon Green

Personal priorities and family links are something that can’t be avoided by any judge. Making a court overtly an extension of a political party is avoidable.

Judges in the UK can be justifiably criticised for taking political sides, it’s the norm in the US.

Reply to  commieBob
July 19, 2018 6:54 am

It will if Trump’s nominee is confirmed. Right now it’s a 4-4 tie.

Ray Boorman
July 18, 2018 10:43 pm

Sad that we live in a world where this legal action was even accepted by any court. Judges simply want to raise their profile as “good guys” in the eyes of their socialist mates.

July 18, 2018 10:45 pm

*courageous youth’s* That lawyer needs to learn the definition of courageous.

Reply to  mikebartnz
July 19, 2018 1:57 am


Lousy lawyer. He meant to type ‘contemptible youths’.

Paul Penrose
Reply to  HotScot
July 19, 2018 9:52 am

More likely “gullible youths”.

Ian Macdonald
July 18, 2018 11:06 pm

When I open this page it tries to send multiple unsolicited PDF documents to my computer. This might be innocent in nature but it is activity typical of a malware infected page, and therefore worrying.

Ian Macdonald
Reply to  Ian Macdonald
July 18, 2018 11:22 pm

On looking at the page source, I think this is not hacking but due to having an iframe with a PDF as its href, instead of a webpage. Probably not a good idea to do this though (actually it never occurred to me that it was even possible!) as it makes it looks like there might be malicious javascript pushing the document out.

John Endicott
Reply to  Ian Macdonald
July 19, 2018 11:12 am

Yeah, definitely not a good idea as downloading the PDF slows down the downloading of the page. I’d rather they just had the link to download the PDF (just once) should I wish to read it rather than force the download everytime I visit the page.

Walter Sobchak
July 18, 2018 11:33 pm

Sorry. This move will not work. The Supreme Court will not look at this case until after trial and all lower court appeals. Those are the rules. Sorry about that.

Reply to  Walter Sobchak
July 19, 2018 4:42 am

You are apparently unfamiliar with the “rules.” The ruling on the motion to dismiss can be appealed through the normal process.

This is a case that should be dismissed, and would be – if it were anywhere but in the Ninth Circuit. They will not win on the merits – as Hansen has acknowledged, this is simply the very old tactic of making it cheaper to settle than to win.

Sorry, but there is a new Sheriff in town; the days of making environmental law by sue and settle (often with the complicity of the government) are over.

July 19, 2018 12:05 am

The Trump administration seems to be populated by significant number of lawyers and real estate dealers, but it lacks people with brains in many areas. The alternative to this move would be to show the solution requested by Hansen et al (evidently this isn’t a children’s case) would lead to economic ruin. From a legal standpoint the move should be to prove that a massive energy system change isn’t a matter for the courts, and should be left up to the congress.

Ian Macdonald
Reply to  Fernando L
July 19, 2018 12:31 am

Seems to me that case is an example of using the more impressionable members of the public as sockpuppets to promote a business venture. Not unlike the Action for Renewables website in the UK, which has now been taken down. (It purported to be an activist site but was actually being run by the wind energy consortium BWEA.)

Perhaps the same argument could be applied here, that it is an attempt to recruit children into promoting wind turbine sales, primarily for the benefit of those businesses.

Reply to  Fernando L
July 19, 2018 1:34 pm

Isn’ t a lawsuit based on harm done. How can potential harm be the basis for a suit?
How does one prove harm which has not occured?
Publicity stunt and an attempt to set some obscure precedent.
Another waste of time and taxpayer $.

Wiliam Haas
July 19, 2018 1:01 am

But the reality is that the climate has been changing for eons and long before the federal government ever existed. Based on the paleoclimate record and the work done with models, one can conclude that the climate change we are experiencing today is caused by the sun and the oceans over which mankind has no control. The responsible party that should be named in the law suit is not the federal government but rather Mother Nature. Lots of luck on trying to collect on a judgement against Mother Nature.

July 19, 2018 1:12 am

“these courageous youths ”

What BS. These children are being dreadfully used.

Steve Borodin
Reply to  dennisambler
July 19, 2018 6:02 am

Used and abused.

Bruce Cobb
Reply to  dennisambler
July 19, 2018 7:12 am

“Courageous youths”, aka “useful idiots”.

Reply to  Bruce Cobb
July 19, 2018 8:14 am

Same as it ever was.


Johann Wundersamer
July 19, 2018 1:24 am

The government is “desperately trying to outrun the justice system,” Erika Lennon, a senior attorney at the Center for International Environmental Law, said in an email to ThinkProgress.

Erica Lennon, a senior attorney at the Center for International Environmental Law, obviously loves to overburden the justice system:

Judges, prosecutors, law firms.

George Daddis
Reply to  Johann Wundersamer
July 19, 2018 9:00 am

Erica desperately wants the Judicial Branch of the US government to usurp the role of the Legislative Branch.
There, I fixed it for her.

Ed Zuiderwijk
July 19, 2018 1:35 am

‘ThinkProgress’? Shouldn’t that be ‘GroupThink’?

Reply to  Ed Zuiderwijk
July 19, 2018 6:56 am

ThinkProgress is neither.

July 19, 2018 1:58 am

Wouldn’t it actually be a great opportunity to defeat CAGW? Without getting into technical scientific debates, surely the evidence of corruption, politicization, data tampering, false media claims, unscientific methodologies and conclusions is enough to finish it off? People would be charged with perjury if they gave false information information in court, and maybe fraud if that was exposed during proceedings? There would be enormous power to subpoena information. Expert skeptics could be called. Wouldn’t it be a chance to finally to expose the lie to the public? Surely another legal defense would be the fact that the US has in fact reduced its emissions? How could any charges laid against the US not then reflect upon India and China or any other nations not meeting their commitments?

Serge Wright
July 19, 2018 2:15 am

In a democracy, the government is elected by the people, for the people. Therefore the government has no case to answer

Another Paul
Reply to  Serge Wright
July 19, 2018 6:46 am

“the government is elected by the people, for the people” Our government has forgotten the second part. And from what we’re hearing, attempts have been waged to void the first as well.

July 19, 2018 4:14 am
Eamon Butler
July 19, 2018 4:46 am

I don’t suppose there’s even one of the kids, has even the faintest idea what the issues are. Any of them care to volunteer their understanding of the relevance of constructing a statistical global average temperature and the methods used to do this?

July 19, 2018 6:17 am

Activist judges are allowing this debacle to continue.

July 19, 2018 6:28 am

Eric :
We already KNOW that the LEFT will use any means at their disposal to achieve their ends.
To an ideology that has caused the DEATHS OF MILLIONS …..what is the use of a few
( probably willing but naive ) children as a political tool ?????
Absolutely NOTHING !
HOWEVER……WUWT gives “us” an opportunity to EXPOSE these REPREHENSIBLE and
TREACHEROUS ideologues for the contemptible , OPPORTUNISTIC and ABUSIVE
RAT-BAGS that they are !
THANKYOU FOR THAT ! Roll-on the rejection !!

Michael Cox
Reply to  Trevor
July 22, 2018 9:12 pm

Trevor, you may have great points, but I’m gonna scroll past them because of the all-caps yelling… and I’m sure I’m not the only one. Just take it down a notch, man…

July 19, 2018 7:07 am

This is the Daisy Commercial of lawsuits.

Gary Pearse
July 19, 2018 7:38 am

Emotional wellbeing of plaintiffs. This and the fear and guilt mongering of manipulative education in the schools should be taken on by state children’s aid societies in a saner world. It is incontrovertible abuse, particularly of white children on whose race the burden is dumped. I urge all parents to to counteract this usurping of education by the marxbrothers.

George Daddis
July 19, 2018 8:16 am

…avoid facing these courageous youths in court …

And what, pray tell, have any of these “youths” done that is courageous?

Are we to believe they spent their future life savings on litigation? Or that if the case is dismissed, they would not be able to continue life as they have always done?

I’d feel a lot more sympathetic if the US had a law where those named as bringing suit were responsible for trial costs in the event they lost.

July 19, 2018 9:00 am

How do other children go about suing for policy damages done with advocacy-driven science and extreme use of the premise labeled ‘out of the abundance of caution.”

Joel Snider
July 19, 2018 9:09 am

Yeah, that’s another thing progressives use a lot – human shields.

July 19, 2018 9:12 am

We need a lot more books, movies, and plays about the America First peace movement centered around Chicago in the 1930s and 40s. That earlier ThinkProgress-style movement and its high profile benefactors could have destroyed the world with one extra year of delay in confronting the tyrants and their weapons in final pre-production stages. That was a very close call in the arrow of time.

William Astley
July 19, 2018 10:05 am

Lawyers to the rescue? Come on man.

The country is deeply in debt, program costs are growing faster than tax revenue. There is no CAGW to solve and regardless the green scams do not work.

The Democrat party is the party of angry CNN Zombies, not children. CNN Zombies live in their fantasy world. Constant angry and outrage, based on fake science, fake economics, and so on.

CNN isn’t a news channel. It is an echo chamber, a fake news generator to push Zombie causes.

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Angry Zombies do not think about the unintentional consequences of their Zombie causes. CAGW is only one of the causes the Zombies push.

The forced wind and solar solution to AGW does not work, regardless of the amount of money that is spent on green scams.

Recently Bill Gates explained in an interview with the Financial Times why current renewables are dead-end technologies. They are unreliable. Battery storage is inadequate. Wind and solar output depends on the weather. The cost of decarbonization using today’s technology (William: Solar and wind power rather than nuclear) is “beyond astronomical,” Mr. Gates concluded.

The key problem appears to be that the cost of manufacturing the components of the renewable power facilities is far too close to the total recoverable energy – the facilities never, or just barely, produce enough energy to balance the budget of what was consumed in their construction. This leads to a runaway cycle of constructing more and more renewable plants simply to produce the energy required to manufacture and maintain renewable energy plants – an obvious practical absurdity.
A research effort by Google corporation to make renewable energy viable has been a complete failure, according to the scientists who led the programme. After 4 years of effort, their conclusion is that renewable energy “simply won’t work”.

Reply to  William Astley
July 19, 2018 12:45 pm

This graph is over five years old. Where is the current version?

William Astley
Reply to  Sagi
July 19, 2018 1:05 pm

I would assume everyone has lost interest, as it appears it is a fact that there is no mid-tropospheric tropical warming.

Likely the cult of CAGW will also lose interest in discussing sea level rise.

michael hart
July 19, 2018 12:33 pm

I recall the Supreme court, sensibly, throwing out another case some years ago where the plaintiffs were asserting something about what should or shouldn’t be seen on television. The court ruled that the world is not run by children, nor should children’s sensibilities decide how the world is run. This is why all societies make the distinction between children and adults. Adults run the world, and make decisions according to what adults think is best. That includes making decisions on behalf of children as a normal day-to-day thing. If you have an issue, then sue a responsible adult on behalf of other adults. Children have no standing.

honest liberty
July 19, 2018 1:58 pm

This is without doubt, child abuse. Period.

Just like those folks crossing borders knowing full well they will likely get caught and temporarily separated from their children while being detained. They care more about themselves than their children. This is equally disgusting. Unfortunately, it would likely do more harm to jail these parents and separate them from their children, so they can just get away with emotional child abuse. Talk about setting up your children for failure and unrealistic expectations in a cruel world. sheesh.

Clyde Spencer
July 19, 2018 4:57 pm

“… this hopeless lawsuit is an abuse of the trust and emotional well being of plaintiffs who are too young and inexperienced to properly understand how they are being used as pawns to advance a selfish political agenda.”

I don’t understand how the plaintiffs have been granted standing. They are not alleging damages for which they are seeking redress; instead, they are speculating that they will experience harm in the future. It seems to me that, unless it can be shown that they will suffer harm, beyond a reasonable doubt, they have no grounds to pursue the complaint. It is not unlike me claiming that that I will suffer some unspecified harm in the future and expect to be compensated before it happens!

Lastly, they are minors, meaning that they have no financial responsibilities commensurate with their claimed financial future harm. While their parents might sue on their behalf, based on their financial responsibility for providing for their children, they would still have the burden of proof that the harm will actually happen.

I just can’t understand why the courts have been allowing this to proceed! In most issues, children have protections, but not rights. That is, they can’t vote, they can’t own property, they can’t own firearms, they can’t marry, they can’t take on contractual obligations of adults.

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