Climate Kidz case scuttled by 9th Circuit Court

The Ninth Circuit on Friday threw out a lawsuit filed by a group of children who say the federal government’s failure to act to curb climate change is endangering their future, finding the legislative and executive branches of government are the only ones with the power to redress the kids’ alleged injuries.

The 2-1 ruling says the children must look to the political branches — Congress and the executive branch — for action, rather than the courts.

Full ruling here: https://www.documentcloud.org/documents/6660049-Climate-Ruling.html

From the ruling:

“The plaintiffs have made a compelling case that action is needed; it will be increasingly difficult in light of that record for the political branches to deny that climate change is occurring, that the government has had a role in causing it, and that our elected officials have a moral responsibility to seek solutions,”

“We reluctantly conclude, however, that the plaintiffs’ case must be made to the political branches or to the electorate at large, the latter of which can change the composition of the political branches through the ballot box. That the other branches may have abdicated their responsibility to remediate the problem does not confer on Article III courts, no matter how well-intentioned, the ability to step into their shoes.”

More here (requires registration)

https://www.law360.com/trials/articles/1235558/breaking-no-standing-in-kids-climate-case-9th-circ-says

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commieBob
January 17, 2020 11:10 am

That the other branches may have abdicated their responsibility to remediate the problem does not confer on Article III courts, no matter how well-intentioned, the ability to step into their shoes.

One judge apparently disagreed. That’s the fear. An activist judge can arrogate the responsibility that belongs to the elected branches of government.

Reply to  commieBob
January 17, 2020 11:15 am

Not heard en banc though. Full bench is like 8 or so judges. Only 3 (2-1 decision) ‘worked’ on the ruling here.

icisil
Reply to  _Jim
January 17, 2020 3:11 pm

The lead attorney said that they will appeal in a couple of weeks and ask the full court to review the decision.

Kemaris
Reply to  icisil
January 17, 2020 10:30 pm

Which is a waste of the client’s mo eye, as the 9th Circus did what the Supreme Court strongly hinted was the correct thing. If the case gets back to SCOTUS, the 9th Circus will receive an order rather than a suggestion.

wws
Reply to  Kemaris
January 18, 2020 3:20 pm

George Soros has a lot of money to burn. He doesn’t care.

Mark Broderick
Reply to  commieBob
January 17, 2020 11:22 am

That is why President Trump and the senate are filling 190+ judicial vacancies (that Obama left empty because he was sure Hilda-Beast would win !) as quickly as possible.

wws
Reply to  Mark Broderick
January 18, 2020 3:19 pm

Yes – THIS is why appointing Judges is one of the most important things any President can do. The Judiciary is the tool the left ALMOST succeeded in using to take over the country completely.

HD Hoese
Reply to  commieBob
January 17, 2020 11:55 am

https://www.documentcloud.org/documents/6660049-Climate-Ruling.html
Although overturned, 2-1, the dissent at end invokes “social justice” as a (quasi?) constitutional justification, citing Martin Luther King.

dennisambler
Reply to  HD Hoese
January 18, 2020 7:17 am

Not for the first time:
https://web.archive.org/web/20130729152004/http://yosemite.epa.gov/opa/admpress.nsf/8d49f7ad4bbcf4ef852573590040b7f6/a4b8a7edc11799b2852579910059e8fe!OpenDocument

Lisa Jackson 2012, at the EPA Observance of Martin Luther King, Jr. Day,:
“There is something else we at the EPA owe to Dr. King and his legacy. It was the Civil Rights Movement that helped give rise to other movements in our history. The marches and demonstrations for equality and opportunity showed how effective those kinds of grassroots efforts could be on a wide range of issues. And environmentalism followed in the footsteps of the Civil Rights movement.

Today we continue to take direct inspiration from Dr. King, especially in our fight for environmental justice. Environmental justice is one of my top priorities for my time at the EPA, and it is something we are working to include in each and every initiative and decision the agency makes.”

Reply to  dennisambler
January 18, 2020 10:12 am

re: “Today we continue to take direct inspiration from Dr. King, especially in our fight for environmental justice. ”

Any truth to the rumor that President Richard Nixon was trying to curry favor with the libs and press of his day with the creation of the EPA?

Would that amount to a b*stard birth for the EPA?

Marty
Reply to  commieBob
January 17, 2020 12:40 pm

I had the same thought commieBob. It bothers me that one out of three ninth circuit appeals court judges would have let the law suit continue. Dismissing this law suit would seem to be a no-brainer. I also think that their politically correct statement about “the plaintiffs have made a compelling case that action is needed” was out of line.

Something needs to be done with the Ninth Circuit. They don’t seem to be following the law or precedent. That’s dangerous.

Taphonomic
Reply to  Marty
January 17, 2020 1:49 pm

Something has been done. Trump and the Senate have appointed and approved multiple young conservative judges to the Ninth Circuit.

Of the 30 active seats on the 9th Circuit, 10 have now been appointed by Trump.

Reply to  Taphonomic
January 17, 2020 3:28 pm

“Something has been done.”
Something HAS been done – Trump appointed judges that are actually capable of reading and understanding the constitution.
Do you have a problem with the constitution? Live with it!
PS: Have you ever seen actual evidence that man’s CO2 is causing serious global warming?

Joe - the non climate scientist
Reply to  JimK
January 17, 2020 6:49 pm

All three judges on the panel are Obama appointees

TRM
Reply to  Taphonomic
January 17, 2020 6:19 pm

True Trump has placed a lot of conservative judges on the bench (170+ so far) but the 9th was always a total gong show of “well left of Karl Marx activist” judges. One third is a good start but still a long way to go.

Steve Oak
Reply to  Taphonomic
January 19, 2020 4:40 am

10 and counting!!!!

markl
Reply to  Marty
January 17, 2020 1:57 pm

“Something needs to be done with the Ninth Circuit” Trump is working on it, and all the courts for that matter. He’s close to fixing the 9th, two more seats I believe to go for it to be turned. One of his priorities is filling all judge vacancies with Constitutional adherents. Obama left left 100 (?) open and not by choice. Could be the only thing the Republican led Senate did right.

Tom Abbott
Reply to  markl
January 17, 2020 3:41 pm

Obama left about 140 judicial vacancies unfilled at the end of his term. To date, Trump has appointed about 187 new judges.

Clyde Spencer
Reply to  Marty
January 17, 2020 4:55 pm

Marty
You said, “They don’t seem to be following the law or precedent.” And, they haven’t been for over 30 years!

joe - the non legal expert
Reply to  commieBob
January 17, 2020 1:10 pm

The dissenting judge is Josephine Staton, a district court judge sitting by designation. An obama appointee. Three of her cases have been overrulled by the US Supreme court -Afgan travel ban, CFPB, and Frederichs (4-4 ), later the similar case was Janus overturning Abood.

Highly unusual for a district court to be overturned by the US Supreme court even once just because so few cases get to the supreme court. but in just 8 years, she has had 3 cases overturned.

The other two judges are also obama appointees, though they followed Supreme court precedent. Seems they decided to follow established precedent after the last couple of scoldings of the 9th from SCOTUS.

joe - the non legal expert
Reply to  joe - the non legal expert
January 17, 2020 1:17 pm

STATON, District Judge, dissenting:

In these proceedings, the government accepts as fact that the United States has reached a tipping
point crying out for a concerted response—yet presses ahead toward calamity. It is as if an
asteroid were barreling toward Earth and the government decid ed to shut down our only
defenses. Seeking to quash this suit, the government bluntly insists that it has the absolute and unreviewable power to destroy the Nation”

Staton is the Obuma district court appointee sitting by designation.

W Hogg
Reply to  joe - the non legal expert
January 18, 2020 4:30 am

How did even the Kenyan appoint this dangerous lunatic?

Reply to  W Hogg
January 18, 2020 5:21 am

re: “How did even the Kenyan appoint this dangerous lunatic?”

Referral.

(From someone inside his ‘bubble’.)

Wally
Reply to  commieBob
January 17, 2020 11:40 pm

“The 2-1 ruling says the children must look to the political branches — Congress and the executive branch — for action, rather than the courts.”

The Ninth Circuit obviously IS a “political branch”.

FYI:
– ‘Climate change” in the 1840s:
https://www.armstrongeconomics.com/world-news/climate/the-climate-change-of-the-1840s/
– Atrocious Wind Turbine industry exposed:
https://stopthesethings.com/
– Communist Climate ‘Experts’: 41 Predictions Which Didn’t Come True
https://www.breitbart.com/environment/2019/09/20/nolte-climate-experts-are-0-41-with-their-doomsday-predictions/

Johann Wundersamer
Reply to  commieBob
January 31, 2020 9:58 am

commieBob,

One of the staffers of Luis IV said “Your Majesty, the nation is starving, the people is dying”.

His majesty answered “L’état c’est moi.”

He thought to be a born king that needs no starving people.

https://www.google.com/search?q=l%27etat+c%27est+moi&oq=letat&aqs=chrome.1.69i57j0l3.5063j0j7&client=ms-android-huawei&sourceid=chrome-mobile&ie=UTF-8

Oliver Cromwell told King Charles “the people is starving.

King Charles answered in the plural majestic

“none of Our business. All We need is luxury and fancy clothes”.

Oliver Cromwell asked for the hangman to behead King Charles.

https://www.google.com/search?client=ms-android-huawei&sxsrf=ACYBGNSzOPpUn9UU0lQ8p_igOmCGgjK9Bw%3A1580492368255&ei=UGY0Xs-SD-StrgTB2bigAg&q=cromwell&gs_ssp=eJzj4tDP1TcwzTXIMGD04kguys8tT83JAQA6LQYw&oq=Chromwe&gs_l=mobile-gws-wiz-serp.

____________________________________

Those people are Royal Heirs of Leadership.

They forget about needs for taxpayers because soldiers won’t fight without payment.

At least not for SUCH leadership.

brians356
January 17, 2020 11:13 am

Even the two saner judges are spewing KoolAid. Scary. “If only we had the power … ”

Meanwhile, Microsoft pledges to be carbon negative by 2030, and by 2050 will remove enough carbon to make up for the emissions and electrical consumption since Microsoft’s founding in 1975. No, it’s not The Onion or Babylon Bee, folks.

mark from the midwest
Reply to  brians356
January 17, 2020 11:48 am

How many times has Micro-Squish really done what they said they were going to do? Remember that open-source operating system they were supposed to deliver to IBM in 1978?

RockyRoad
Reply to  brians356
January 17, 2020 11:54 am

If Microsoft wants to disrupt the Carbon Cycle, we should disrupt their ability to obtain food! There is a direct correlation between carbon supply and food supply!

Up to a quarter of expanded worldwide foodstuff production is now due to the increase in atmospheric carbon dioxide we’ve seen in the past 50 years! So if Microsoft takes actions to reverse that trend, they should be penalized for their assault on humanity!

Max
Reply to  brians356
January 17, 2020 11:54 am

Remove CO2, not Carbon, CO2 from the ecosystem. You know? Kind of like treating anemia by bleeding the patient with leeches.

Max

JohnFtLaud
Reply to  brians356
January 17, 2020 11:58 am

It’s insane!! Thank God Pres Trump is able to get Fed Judges appointed!

Reply to  JohnFtLaud
January 17, 2020 12:54 pm

re: “Trump is able to get Fed Judges appointed”

Yes; few here may realize that Trump and ‘Cocaine’ Mitch have been busy working together, nominating, and getting judges approved through the senate and onto the federal bench. Another Obama failure b/c they expected Hillary! to win and fill those positions.

TG McCoy
Reply to  _Jim
January 17, 2020 1:30 pm

One of the best things about O’bama was his laziness. he did indee dleave it to Hillary… and all those positionss were wide open…

Bryan A
Reply to  brians356
January 17, 2020 12:14 pm

What about the net emissions associated with their product usage since their time of inception?

JD
Reply to  brians356
January 17, 2020 1:25 pm

Lol….Microsoft will calculate its “carbon footprint” past, present and future the same way the Paris Accord allows nations to calculate their emissions and than declare their success at reducing those emissions…a public relations stunt.

observa
Reply to  JD
January 18, 2020 7:02 am

Just buy some thin air derivatives and wave them around. Never mind all the power to run the computers Microsoft facilitate as that’s somebody else’s problem.

John Endicott
Reply to  observa
January 20, 2020 5:18 am

Hey if you can sue oil companies for other peoples use of fossil fuels, then surely you can sue Microsoft for other peoples use of fossil fuel generated electric-powered computers that run their product.

Thefarmingeconomist
Reply to  brians356
January 17, 2020 1:45 pm

How long does CO2 persist in the atmosphere?

Reply to  Thefarmingeconomist
January 17, 2020 3:33 pm

“How long does CO2 persist in the atmosphere?”
About 10 years, not the hundreds ,or so, claimed by the IPCC. That means man’s Co2 is NOT the primary cause on increasing atmospheric CO2.

William Astley
Reply to  Thefarmingeconomist
January 17, 2020 3:35 pm

How long is the CO2 residence time? That is the trillions and trillions of dollar question.

To create CAGW, the residence time of anthropogenic CO2 must be hundreds of years.

The observational evidence and peer reviewed papers never supported a long residence time. New observational evidence that bomb C14 has made it to the deep oceans, completely disproves the IPCC’s Bern equation of CO2 sources and resident times, ….

….the anthropogenic CO2 is almost totally absorbed locally in the year it is emitted.

“The short atmospheric CO lifetime of 5 years means that CO quickly is being taken out of the atmospheric reservoir, and that approximately 135 giga-tonnes (about 18%) of the atmospheric CO pool is exchanged each year. “

“This large and fast natural CO2 cycling flux is far more than the approximately 6 giga-tonnes of carbon in the anthropogenic fossil fuel CO now contributed annually to the atmosphere, creating so much political turmoil (Segalstad, 1992; 1996).”

Observationally it has been shown that atmospheric CO2 concentration is tracking planetary temperature, not anthropogenic CO2 emissions. For that to be true there must be a large missing sink of CO2 and a missing source of CO2 into the biosphere.

We have found the sink. It is particulate matter that is making it down to the deeps of the ocean.

The finding that of Bomb C14 in the Ocean Deepest Trenches proves there is a massive missing sink of CO2 out of the atmosphere into the deep ocean each year.

This massive missing sink, naturally requires and there is a massive missing source of CO2 into the atmosphere.

This explains why currently atmospheric CO2 is tracking planetary temperature, not anthropogenic CO2 emissions.

https://www.livescience.com/65466-bomb-carbon-deepest-ocean-trenches.html

https://www.co2web.info/ESEF3VO2.pdf

https://www.researchgate.net/publication/257343053_The_phase_relation_between_atmospheric_carbon_dioxide_and_global_temperature

The phase relation between atmospheric carbon dioxide and global temperature
Summing up, our analysis suggests that changes in atmospheric CO2 appear to occur largely independently of changes in anthropogene emissions.

A similar conclusion was reached by Bacastow (1976), suggesting a coupling between atmospheric CO2 and the Southern Oscillation.

However, by this we have not demonstrated that CO2 released by burning fossil fuels is without influence on the amount of atmospheric CO2, but merely that the effect is small compared to the effect of other processes.

Our previous analyses suggest that such other more important effects are related to temperature, and with ocean surface temperature near or south of the Equator pointing itself out as being of special importance for changes in the global amount of atmospheric CO2.

ATheoK
Reply to  William Astley
January 17, 2020 5:08 pm

“William Astley January 17, 2020 at 3:35 pm
How long is the CO2 residence time? That is the trillions and trillions of dollar question.
the anthropogenic CO2 is almost totally absorbed locally in the year it is emitted.

This explains why currently atmospheric CO2 is tracking planetary temperature, not anthropogenic CO2 emissions.”

No real argument with most of your comment.
Instead of “global temperature”, think ocean, lakes, streams, rivers, glaciers and polar ice temperatures.

CO₂ is inversely water soluble to temperature. The warmer water is, the less dissolved CO₂ held in stasis.

NOAA’s oceanic temperatures claimed and presentations are in zeta joules by NOAA may within equipment error bounds.
The sheer volume of water worldwide may be sufficient to account for the increasing atmospheric CO₂ ppm.
Nor are alleged climate scientists able to explain or predict CO₂’s centuries of lag to global temperatures. A lag easier to explain with massive volumes of water going through the slow process of adsorption and absorption of CO₂.

William Astley
Reply to  ATheoK
January 17, 2020 8:37 pm

Scientific problems are not arguments.

What we do is fight the observations and argue about each observation as if it were a fight. It is an interesting physical puzzle not a fight.

The IPCC Bern model is based on the recycled theory of water and CO2. The recycled theory of water and CO2 is a dead theory. A theory dies when it cannot explain the observations.

The earth was struck by a Mars size object roughly a 100 million years after it was formed. The Mars size object/earth impact, removed the early earth’s atmosphere and most of the water from the mantel. How is it possible that 70% of the earth’s surface is covered with water?

The CO2 observations require a missing sink (the missing sink is particulate biological matter that falls to the bottom of the ocean, the Bern equation assumes zero biological matter is falling to the bottom of the ocean) and a missing source of CO2 that is primordial (has not been on the earth’s surface yet, not recycled) that has low C13.

There is also a missing source for water. It has been found that three times more water is being dragged down into the mantel by the ocean plates than is coming out via volcanic eruptions. The water that is dragged down into the mantel reacts with elements in the mantel so it no longer available as liquid water.

The geologist’s only current source for new water and CO2 coming into the biosphere is from volcanic eruptions.

The source of water and CO2 is primordial methane.

There following are a couple of the dozen different papers that have all found the data supports that assertion that humans caused less than 5% of the rise in atmospheric CO2.

This paper by Tom Quirk looks at how C13 has varied. It shows there is a large low C13 source of C02 that correlates with ENSOs.

Sources and sinks of CO2 Tom Quirk

http://icecap.us/images/uploads/EE20-1_Quirk_SS.pdf

The yearly increases of atmospheric CO2 concentrations have been nearly two orders of magnitude greater than the change to seasonal variation which implies that the fossil fuel derived CO2 is almost totally absorbed locally in the year that it is emitted.

A time comparison of the SIO measurements of CO2 at Mauna Loa with the South Pole shows a lack of time delay for CO2 variations between the hemispheres that suggests a global or equatorial source of increasing CO2. The time comparison of 13C measurements suggest the Southern Hemisphere is the source.

This does not favour the fossil fuel emissions of the Northern Hemisphere being responsible for their observed increases. All three approaches suggest that the increase of CO2 in the atmosphere may not be from the CO2 derived from fossil fuels. The 13C data is the most striking result and the other two approaches simply support the conclusion of the first approach.

There are new and old observations that solve this problem. We now have pictures of ‘pipes’ in the mantel. We have know for almost two decades that there was a large structure in the mantel that was reflecting seismic waves. The structure was not however a simple surface.

The information from a single seismic wave is not sufficient to determine the outline of the complex structure. A few years ago using a mathematical technique that used the information from all seismic events the researchers discovered a complex tube like structure of lower density material in the mantel. The tubes go down to the core of the planet. There is a evidence of past interaction of the tubes. i.e. The tubes cross.

Obviously there must be a physical cause to get light matter into tubes in the mantel. That requires a light material and a force to create the tubes. The mechanism is CH4 that is extruded from the liquid core of the earth when it crystallizes. The Mars size object removed CH4 from the mantel and left it in the liquid core.

Metals form an organic bond with CH4 at high pressure and temperature. This is why the CH4 has dragged down to the liquid core.

The metals in solution came up with CH4. This explains why there are metals including uranium in oil, increase in metal content with crude viscosity.

Oddly there is another mystery. The earth’s core is 1000C too warm to crystallize. Something is causing the earth’s core to crystallize.

https://www.sciencedaily.com/releases/2018/02/180207151842.htm
Challenging core belief: Have we misunderstood how Earth’s solid center formed?

Scientists question long-held understanding in new paper
Researchers are posing an important question about the formation of planet Earth’s inner core, arguing that it’s time to consider the nucleation paradox at the heart of the issue.

This is additional results that supports the same concept.

https://www.sciencedaily.com/releases/2018/03/180328143316.htm

Based on an extensive collection of lunar and terrestrial samples, a new study probing the elusive origins of the moon — now typically thought to have formed from a collision between a proto-Earth and a solid impactor — supports theories of a collision with extremely high energy. So high, in fact, that it resulted in nearly complete mixing of materials between the impactor and proto-Earth.

Based on an extensive collection of lunar and terrestrial samples, a new study probing the elusive origins of the Moon — now typically thought to have formed from a collision between a proto-Earth and a solid impactor — supports theories of a collision with extremely high energy. So high, in fact, that it resulted in nearly complete mixing of materials between the impactor and proto-Earth. Critically, the study further suggests that most of Earth’s water was delivered before the Moon-forming impact, and not later, as often proposed.

https://www.sciencedaily.com/releases/2018/11/181114132013.htm

Slow-motion collisions of tectonic plates under the ocean drag about three times more water down into the deep Earth than previously estimated, according to a first-of-its-kind seismic study that spans the Mariana Trench.

fxk
Reply to  brians356
January 17, 2020 1:51 pm

To me, that’s the scary part.

TRM
Reply to  brians356
January 17, 2020 6:21 pm

Microsoft is also funding a lot of fusion research. Maybe they are sure they can get it rolled out by then? Microsoft miss a deadline? LMAO, all the time.

Mark Broderick
January 17, 2020 11:15 am

” it will be increasingly difficult in light of that record for the political branches to deny that climate change is occurring,”

The CLIMATE has been CHANGING for approximately 4.5 BILLION years with zero Human input !

Explain that Mr. Mosh !

John Bell
January 17, 2020 11:16 am

Another one bites the dust.

GregS
Reply to  John Bell
January 17, 2020 11:46 am

Now go finish your damn veggies, children.

icisil
Reply to  John Bell
January 17, 2020 3:00 pm

Poor kiddies. Someone give them some Climate pAction dolls as a consolation prize.

Kenji
January 17, 2020 11:19 am

A compelling case built upon what? Temperatures that are “adjusted” to foment falsehood and fear? Pictures of woeful looking Polar Bears which are symbolic of nothing other than NORMAL summer ice melt? Compelling case, my ass.

Reply to  Kenji
January 17, 2020 11:34 am

Kenji, the case was made omitting contrary facts, and it was uncontexted by the litigants since legal standing was to focal point. Synopsis of Stiglitz brief is here: https://rclutz.wordpress.com/2018/07/11/facts-omitted-by-climatists/

J Mac
January 17, 2020 11:32 am

Kudos to the two 9th circuit judges who, while espousing their alarmist personal opinions, refused to take an activist legal position based on those personal opinions. Shame on the one judge who sought to make his alarmist personal opinions law. We narrowly escaped a legal disaster here!

Reply to  J Mac
January 17, 2020 12:03 pm

That’s true. Recently in Switzerland an appeal judge sanctioned illegal behavior by greens occupying a credit swisse bank branch.
https://rclutz.wordpress.com/2020/01/15/and-justice-wept/

January 17, 2020 11:48 am

German climate activists said on Wednesday they were suing Chancellor Angela Merkel’s government over what they say is its insufficient action to tackle climate change, arguing that the failure contravened a constitutional right to “human dignity”.
Climate activists invoke German constitution to sue Merkel government

RockyRoad
Reply to  Krishna Gans
January 17, 2020 12:05 pm

Oh, wait until they see what Boris Johnson plans on doing! I hear US producers are looking to export surplus coal in exchange for English woolens!!

Bill
January 17, 2020 11:58 am

What’s a disgrace is; 1) one judge agreed with “kids” while ignoring any “adults” who disagree, 2) the order includes the ignorant, unscientific comment, “The Plaintiffs present a compelling case…” – I think not, and 3) a U.S. circuit court would even contemplate interfering in the political process of “adults” by injecting Marxist theology in a Republic on behalf of “kids” who, by the way, pay for nothing.

kramer
January 17, 2020 12:06 pm

The lawsuits will keep coming.

There is just way too much money to be made and these people want it.

Rud Istvan
January 17, 2020 12:10 pm

The ruling actually has two parts, not one.

1. The children lacked standing, because they complained only of future potential harm while standing to sue requires actual present (or imminent, in the case of injunctive relief) harm.
2. The court lacked jurisdiction to provide remedies, the part covered in the post.

The verbiage about the reality of climate change is just obiter dicta from the 9th. Those supposed ‘facts’ were never litigated because the case was thrown out before trial on both standing and jurisdiction grounds. Obiter dicta carry NO precedent weight.

Curious George
Reply to  Rud Istvan
January 17, 2020 1:24 pm

“Obiter dicta carry NO precedent weight.” Not yet.

ResourceGuy
Reply to  Rud Istvan
January 17, 2020 2:05 pm

So one judge didn’t see it that way and I suppose that would have to be on both parts?

That would also explain all the 5-4 decisions at the Supreme Court falling along political lines of thought and not random dice roll outcomes with all rational thinkers.

Rud Istvan
Reply to  ResourceGuy
January 17, 2020 3:24 pm

Yup. What is wrong with the 9th circuit appellate court, being slowly corrected by PDJT.

High Treason
January 17, 2020 12:12 pm

This is not a victory at all. It is a mere temporary reprieve. If anything, it is a stepping stone toward tyranny.

The judges have only rejected it from a procedural point of view, not content. The judges are paying lip service to the lies of “climate change” casting a judgement that it is real. This will pollute any further legal action, even though no actual evidence was presented.

Make no mistake, the brainwashed fools are pushing toward the declaration of a “climate emergency”- marshal law. All resources of the state are available then to combat the undefined existential threat of “climate change.”

Personal freedoms, especially those of “deniers” WILL be curtailed- in jail and worse. This is a pattern that has occurred throughout history- minority insane view hyped up to oblivion by the brainwashed and tyrants that stand to become obscenely rich and powerful. Remember, the human brain is the same as it was 10,000 years ago. The same brain that was persuaded to sacrifice virgins to the climate gods is the same one that is being demanded to sacrifice our entire civilisation to the climate gods.

This is why we must do what we can to expose the Emperor’s new clothes. It is up to us that are awake to the impending tyranny to do what we can to prevent it. To get out of it will be an horrendous struggle of truly Biblical proportions.

The absolute minimum is to belong to a branch of a political party to influence the selection of sensible candidates. This is the price of freedom.

Fanakapan
January 17, 2020 12:14 pm

The ‘Kidz’ missed a trick, had they included alleged malfeasance by the President in their suit I’m pretty sure the 9th Circuit would have given them the result they sought 🙂

philincalifornia
January 17, 2020 12:15 pm

Just another day in the life of the trillion dollar “Pretending to get carbon dioxide out of the atmosphere or we’re all gonna die” industry.

….. I’m sure that inside they’re loving the decision (well, not the kids, but their puppeteers). They can continue to whine about it for cash. God forbid they would ever have to pick up a calculator and figure out where to start.

Andy PAttullo
January 17, 2020 12:17 pm

I guess if I were a judge and wanted to protect a reputation for intelligence and objectivity I would have skipped the sermon on climate change and just told them to go away. No there is not unequivocal evidence of climate change as defined by the catastrophists (dangerous warming and weirding of the weather due directly to the 5% of CO2 entering the atmosphere each year from human society).

Reply to  Andy PAttullo
January 17, 2020 1:46 pm

Andy, they were covering their rears. Last year, the Supremes sent the 9th Circuit court a message (via Chief Justice Roberts). To wit, Fix this out-of -bounds case or we will have to. Is that what you want? So 2 out of 3 Obama appointees saw the light and dismissed it.

Gator
January 17, 2020 12:29 pm

One can make a compelling case for virtually anything, if one leaves out enough facts. Sad that our highest courts are susceptible to such an obvious bias. This illustrates that higher education is no proof of higher intelligence.

Patrick Black
January 17, 2020 12:33 pm

Whenever I see one of these stories about children pushing for action on climate change (or any other item on the liberal agenda) I wonder if these are the same children that have been deemed too immature and irrational to be allowed to buy cigarettes, alcohol, guns, and, under a proposed law here in Vermont, be in possession of a cell phone.

Joel Snider
January 17, 2020 12:44 pm

The Ninth Circuit turned it down, huh? Wouldn’t have expected that. Although it was only two-to-one.

Reply to  Joel Snider
January 17, 2020 12:50 pm

re: “Wouldn’t have expected that. ”

You’re working with “old data”; go look up the recent appointees to the 9th circuit …

John Endicott
Reply to  _Jim
January 20, 2020 6:03 am

_Jim, this was a panel of 3 Obama appointees to the 9th. While Trump has done a great job of replacing as many 9th circuit judges as possible, the circuit is still filled with pre-Trump appointees (only slightly above a third of the circuit has been appointed by Trump) so there’s still a ways to go before that circuit become consistently sane in it’s rulings.

Vuk
January 17, 2020 1:06 pm
Robert MacLellan
January 17, 2020 1:48 pm

Meanwhile, north of the border, the Supreme Court of Canada dismissed the last court challenge to the Transmountain pipeline, while questioning intervenors on their attempts at constitutional arguments.
Details in the link. It is good to see the law as written upheld.
https://business.financialpost.com/commodities/energy/supreme-court-dismisses-b-c-s-appeal-in-trans-mountain-pipeline-case

J Mac
Reply to  Robert MacLellan
January 17, 2020 2:36 pm

Robert,
While I’m glad to see this court decision, it’s odd that it didn’t come about until after the parent company Kinder Morgan of Houston TX was forced to sell Trans Mountain pipeline and the expansion project in 2018 for $4.5 billion to the Canadian government. Kinder Morgan Canada said the political risk that the project would never get built was too much to bear and was planning to halt the expansion. It appears the Canadian and BC governments impaired the pipeline expansion until Kinder Morgan was forced to cut it’s losses and sell. The Canadian government then bought the pipeline and expansion project, used the courts to reverse the legal impairments, and now is building out ‘their’ pipeline expansion project.

This smells of conflict of interest, insider trading, and Canadian government predatory actions (both regulatory and financial) against private industry for the Canadian governments gain. There’s a chill wind for business blowing out of all this and it smells like state sponsored predatory socialism!

Rud Istvan
Reply to  J Mac
January 17, 2020 4:04 pm

Wrong interpretation. KM Northern Route was being blocked by the ‘native tribes’ of BC, and gambled that the Canadian national government would have a better chance than they did with them. So sold Trudope the Northern ‘rights’.
Plus, this was the new ’Northern Route’ to a new export port, when they already had approval to double capacity along the already approved southern route to existing port Vancouver via a second pipeline along the same easement.

J Mac
Reply to  Rud Istvan
January 17, 2020 6:51 pm

Rud,
“And that’s the rest of the story!” Interesting. The several canadian news stories (different sources) I read on this topic did not explicitly talk about the ‘northern route’ or show it on their graphics, when discussing the reasons for KM selling out. They did show the ‘double capacity’ southern route to Vancouver, indicating where new sections of the parallel pipe were to be built. Hence my “wrong interpretation”.

Robert MacLellan
Reply to  Rud Istvan
January 17, 2020 8:29 pm

Actually the route you refer to is the Northern Gateway pipeline, part native owned… which has a whole other set of quasi-legal obstacles including elected native chiefs for vs. “hereditary” chiefs against. Hard to tell the players without a program and I am not sure the players know who is who either.
To J Mac…haven’t heard that phrase in a long time! As regards pipeline politics in Canada’s left coast hopefully someone will write an encyclopedia on the subject so we can hear just that.

ResourceGuy
January 17, 2020 2:07 pm

Bring in the next group of climate church choir boys.

Alan Watt, Climate Denialist Level 7
January 17, 2020 2:38 pm

It’s not just kidz; Eco-Fascist brainwashing is gleefully done by major corporations on their employees.

Part of my just completed required annual “Compliance Training” was a module on global environmental compliance. It was 75% green propaganda and 25% Utopian fantasy. You couldn’t get out of the module until you got the “right” answer on all their quiz questions. I kid you not: we all have a global responsibility to use public transportation, drive “environmentally friendly” vehicles, adopt a “sustainable diet”, etc., etc.

Also required was completing a “survey” on the course module. Normally I just pick the most innocuous choice for all the survey questions, but not this one.

I gave the most strongly negative response to every question (except one; see below) and in the comment field supplied details on why the question was bad, or the assumptions unjustified, etc.

The one question I answered with “course met expectations” was the one asking whether I learned what I thought I would. My comment was “I expected to learn nothing useful or true from this course and my expectations were met”.

I’m waiting for Big Brother to order me to a re-education camp.

Patrick MJD
Reply to  Alan Watt, Climate Denialist Level 7
January 17, 2020 6:49 pm

Out of interest, what country? Sounds very much the UK, NZ or Aus.

J Mac
Reply to  Alan Watt, Climate Denialist Level 7
January 17, 2020 9:41 pm

Alan,
Oh My! Deja vu, all over again. I’ve soooo been there! I retired in 2016 from a ‘large aerospace company in the Great NorthWet’, in part because political correctness and ecogibberish had become the dominant culture. In the last several years there, I took particular pleasure in deliberately confounding the indoctrination specialists and enforcement cadres from the ‘central scrutinizers’ in Human Resources. I departed on my own schedule and quite favorable terms, a very happy warrior for reason and truth! The details are better related over amber liquids and heady beverages. Perhaps we can swap laughs over such, one day.
FYI: Should you ever be interned in any ‘re-education programs’, illuminate the Bat Signal here at WUWT. Extraction services and re-programing of any afflicted human peripherals, at your service Sir!

Reply to  J Mac
January 18, 2020 5:32 am

re: “from a ‘large aerospace company in the Great NorthWet’, in part because political correctness and ecogibberish had become the dominant culture.”

Great. Would this have any connection with the internal company ‘rot’ that gave birth to the 737 Max ? Engineers ought to concentrate on engineering problems and leave the ‘navel gazing’ to the less ept* …
.
.

* https://www.grammarphobia.com/blog/2012/05/ept-ane-ert.html

Johann Wundersamer
Reply to  Alan Watt, Climate Denialist Level 7
January 31, 2020 9:33 am

Anthony Watts “waiting for Big Brother to order me to a re-education camp.”

Patrick MJD January 17, 2020 at 6:49 pm

Out of interest, what country? Sounds very much the UK, NZ or Aus.

____________________________________

Patrick, the UK sent their prisoners to Aus. That’s how Australia was “colonised”.

https://www.google.com/search?q=australian+prison+colony+history&oq=Australian+prisoners+colo&aqs=chrome.

Hoser
January 17, 2020 3:04 pm

The kidz should have complained about being saddled with massive debt they did not agree to take on. It is intergenerational theft, perpetrated by Dems to gain power. Sadly, the current flock of Reps are doing nothing to curb it.

MarkW
January 17, 2020 3:57 pm

When you are to whacked out for the 9th circuit to swallow, you have really gone off the deep end.

Tom Abbott
January 17, 2020 4:03 pm

From the article: From the written decision: ““We reluctantly conclude”

I guess the judges couldn’t refrain from using their elevated position in society to virtue signal. Selfish. Unbecoming.

Steve Borodin
January 18, 2020 1:31 am

When the Earth fails to warm and the hoax is revealed (I live in hope) one wonders whether the kids will have legal redress against the adults who have abused them.

Cosmic
Reply to  Steve Borodin
January 18, 2020 10:11 am

Matters not if it warms or cools now…everything is change, and change is bad. EZ peezee.

Johann Wundersamer
January 31, 2020 9:24 am

If the kidz think they are young and want all the money right away: therefore the greedy old white men would have to die immediately and leave the money – they are wrong in front of the old judges.

They have to explain that to the greedy old politicians.

That greedy young kidz.

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