Virginia Child Climate Lawsuit Bites the Dust

Essay by Eric Worrall

h/t CD in Wisconsin – “… this action belongs two blocks over at the General Assembly and not before this court …”

Virginia judge dismisses youth climate change lawsuit on fossil fuel projects

by DENISE LAVOIE AP Legal Affairs WriterSaturday, September 17th 2022

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

The lawsuit filed by Our Children’s Trust, an Oregon-based nonprofit public interest law firm, asked the court to declare portions of the Virginia Gas and Oil Act unconstitutional. It also seeks to find the state’s reliance on and promotion of fossil fuels violates the rights of the plaintiffs, who range in age from 10 to 19.

But Richmond Circuit Court Judge Clarence Jenkins Jr. granted the state’s request to dismiss the lawsuit, finding that the complaint is barred by sovereign immunity. That’s a legal doctrine that says a state cannot be sued without its consent. The state argued that sovereign immunity prohibited the plaintiffs’ claims because they sought to restrain the state from issuing permits for fossil fuel infrastructure and to interfere with governmental functions. The judge did not rule on the merits of the plaintiffs’ constitutional claims.

“Simply put, this action belongs two blocks over at the General Assembly and not before this court,” said Assistant Attorney General Thomas Sanford.

Read more: https://wset.com/news/local/virginia-judge-dismisses-youth-climate-change-lawsuit-fossil-fuel-projects-our-childrens-trust-circuit-court-filing-september-2022

Greens using children as political props in my opinion is utterly reprehensible.

I suspect we shall see more sovereign immunity laws passed, if climate activists keep pushing these nuisance lawsuits.

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RevJay4
September 20, 2022 6:15 am

I am of the opinion that the way to end all this virtue signaling(cuz that is what it is) re: “climate….”, is to make everyone who is pushing to end fossil fuel energy usage stop using anything produced from oil, natural gas, coal, etc. Including the moron geniuses bringing these frivolous lawsuits, the “students”, lawyers, everyone.
They could not exist for a nanosecond without the products of fossil fuels in its various forms. No question about it.

Mr.
Reply to  RevJay4
September 20, 2022 8:13 am

Yes, there is a self-selected remedy for angst about oil, coal and gas products consumption.

JUST. STOP. IT.

Bryan A
Reply to  Mr.
September 21, 2022 6:39 am

Unfortunately for them this would mean that they could never leave their block. Asphalt surfaced roads use petrochemicals in their production so they couldn’t cross a street. Further, driving anywhere would be prohibited as petrochemicals play a key role in synthetic rubber production used in Car Tires, Motorcycle tires and Bicycle tires.

Mike Lowe
Reply to  Bryan A
September 21, 2022 9:52 pm

Why would that be unfortunate, Bryan?

Reply to  RevJay4
September 20, 2022 11:54 am

Interesting idea–the dirty hands defense. Why not? It’s accurate.

Reply to  tim maguire
September 20, 2022 11:54 am

Sorry, unclean hands defense.

FrankH
Reply to  RevJay4
September 21, 2022 3:44 am

There were several (at least two) adverts on British TV in the 1970s with the tag line “You’d be surprised how much you’d miss Dunlop”. (Search Youtube, for “Dunlop advert 1970s).

Maybe it’s time to revive them but substitute “fossil fuels” for “Dunlop”.

Eugene Conlin
Reply to  FrankH
September 22, 2022 5:05 am
Tom Abbott
September 20, 2022 6:18 am

Who financed this lawsuit by these 13 children?

observa
Reply to  Tom Abbott
September 20, 2022 6:26 am

The usual totalitarian suspects. Is this a trick question?

tgasloli
Reply to  Tom Abbott
September 20, 2022 6:36 am

Probably Soros through a variety of shell “nonprofits”. He is the general all purpose funding source for all things left lunatic.

Richard Page
Reply to  tgasloli
September 20, 2022 7:52 am

The Rockefeller, Walton Family, Bill & Melinda Gates Foundation’s; non profit ‘charities’ that are, in reality, oligarchical lobby groups that fund lawfare and disinformation on a colossal scale. Soros may be in there but he prefers funding action groups that can directly influence his areas of business interest.

Duker
Reply to  Richard Page
September 21, 2022 12:26 am

https://www.influencewatch.org/non-profit/our-childrens-trust/
It’s seems the founders are self serving attorneys

Slowroll
Reply to  Tom Abbott
September 20, 2022 9:36 am

They’re slip and fall attorneys looking for a windfall. P

Retired_Engineer_Jim
Reply to  Tom Abbott
September 20, 2022 10:04 am

The “Our Children’s Trust, an Oregon-based nonprofit public interest law firm”, but one would need to delve into their funding to know who the real culprit(s) is/are.
I wonder if they are licensed in Virginia.

Richard Page
Reply to  Retired_Engineer_Jim
September 20, 2022 2:04 pm

Our Children’s Trust, Oregon.

-We are deeply grateful for the ongoing support of the following generous organisations.

Alex C Walker Foundation
Bauman Foundation
Cottonwood Foundation
Charles Engelhard Foundation
Elizabeth Lafayette Fund
Global Greengrants Fund
Jubitz Family Foundation
Libra Foundation
MRG Foundation
Northwest Fund for the Environment
Oregon Community Foundation – Evergreen Hill Fund
Patagonia
Rockefeller Brothers Fund
Wallace Global Foundation

Richard Page
Reply to  Richard Page
September 20, 2022 2:07 pm

Influencewatch has more information on their activities to date.

fretslider
September 20, 2022 6:47 am

“Greens using children as political props in my opinion is utterly reprehensible.”

Some of them, I’m sure, realise that, but the ends justify whatever means they deem necessary.

Look how they used Thunberg – while she was young enough to count

““By 2020, Generation Z will be the largest group of consumers globally. They will account for 40% of consumers in the US, Europe and BRIC countries and 10% in the rest of the world. Companies that don’t engage with Gen Z successfully could rapidly lose market share. Some of them may only be 9 years old, but Gen Z already have huge spending power. ” – Barclays Bank ( https://www.philstockworld.com/2018/07/03/step-aside-millennials-here-comes-generation-z/)

https://www.theartofannihilation.com/the-manufacturing-of-greta-thunberg-for-consent-the-inconvenient-truth-behind-youth-co-optation/

At best they are mere dollar signs.

Last edited 9 days ago by fretslider
H.R.
Reply to  fretslider
September 20, 2022 11:59 am

The spending power comes from mom & dad. Far too many parents are not paying attention to what their kids are spending their (the parents) money on.

oeman 50
September 20, 2022 7:33 am

I think they should have approved the suit and give them what they asked for. Let the chips fall where they may.

fretslider
Reply to  oeman 50
September 20, 2022 7:42 am

There’s a chip shortage…

Oldseadog
Reply to  fretslider
September 20, 2022 8:02 am

They have chips on their shoulders.

MarkW
Reply to  Oldseadog
September 20, 2022 8:13 am

buffalo chips?

Jeff Alberts
Reply to  MarkW
September 20, 2022 5:39 pm

Chips, dips, chains, whips…

Jeff Alberts
Reply to  fretslider
September 20, 2022 5:38 pm

There’s a rational thinking shortage.

Philo
Reply to  Jeff Alberts
September 21, 2022 12:35 pm

There is a shortage of rational thinking for several reasons. The population under age 45 has had some of the lightest of education and the most disinformation, so they cannot make rational assessments about any ideas, reasearch, logical thinking, or little of anything else.

Until they realize this and start some remedial education for their shortcomings they won’t prosper. There are still a number of colleges that still teach clear, rational thinking using logic, learning how to make rational evaluation of hypothese, make hypootheses that can be properly evaluated, etc.

Once they learn how to think, not just emote, they will be taken advantage of all the power hungry older adults.

Steve Case
September 20, 2022 7:33 am

“I suspect we shall see more sovereign immunity laws passed, if climate activists keep pushing these nuisance lawsuits.”
_______________________________________________

That sure looks like a double edged sword

Neo
Reply to  Steve Case
September 20, 2022 9:52 am

“Sovereign immunity” is part of British Common Law, which predates most if not all states, so I doubt it is actually written in many if any states law books.

Reply to  Steve Case
September 21, 2022 8:17 am

You are right, Steve. Sovereign immunity and the rule of law are incompatible. Either the rules are the same for everyone, or they aren’t.

ResourceGuy
September 20, 2022 7:35 am

You mean the tax write-off, nonprofit funneled, contrived nuisance lawsuit, right?

ScienceABC123
September 20, 2022 7:38 am

To be clear, this lawsuit was designed for an “activist” judge. Thankfully they didn’t get one.

MarkW
September 20, 2022 8:10 am

Socialists have perfected the art of getting the courts to give them what they can’t win at the ballot box.
The first step is to get judges who feel that their opinions on right and wrong are more important than what the law, or the constitution actually says.

fretslider
September 20, 2022 9:09 am

Post COP 26 pre funeral fun with President Bolsonaro

“”In a video filmed with mobile phone, Bolsonaro said the cost is ‘practically double the average of many Brazilian states’ and also claimed fuel in Brazil is among the cheapest in the world.

‘I’m here in London, England, and the price of petrol is £1.61 this is about R$9.70 per litre,’ he said.””

‘Our gasoline is in fact, among the cheapest in the world,’ he claimed.

https://www.dailymail.co.uk/news/article-11231497/President-Bolsonaro-films-UK-petrol-station-shock-price-fuel.htmlP

Bob
September 20, 2022 10:17 am

Finally, a wise judge.

b.nice
September 20, 2022 3:28 pm

About time someone brought a claim that destroying fossil fuel electricity production and other fossil fuel uses will undoubtedly destroy the future for basically everyone on the planet. !

Its happening already in Germany, UK

Dismiss fossil fuels and… YOU HAVE NO FUTURE !!

Jtom
September 20, 2022 4:43 pm

The easiest way to defeat the ban-drilling crowd is to support them. Tell them it is in their power to bring drilling to an end by boycotting all oil-derived products or services using oil-derived products. They can put them out of business. Have a thorough list of products that they should no longer possess, starting with anything made of plastic. Note that all electrical wiring uses plastic insulation, so they must refuse to buy or use anything that uses power, even if the power is supplied by solar, wind, or battery.

Finally, have a petition for them to sign where they pledge to help put the oil industry out of business by participating in the boycott. Shame them into signing it, then shame them when they fail to do it.

When it hits home what they are actually demanding, most will go quietly away.

Jeff Alberts
Reply to  Jtom
September 20, 2022 5:45 pm

Note that all electrical wiring uses plastic insulation”

the metal wires are mined using fossil fuels.

niceguy
September 20, 2022 8:05 pm

I guess the lawyers aren’t getting the “65 Project” treatment?

Captain climate
September 21, 2022 12:18 am

One clarification: sovereign immunity is not a written law. It’s a concept inherited from England where one could not sue the crown without the crown allowing it. States inherited that unchecked right when we got rid of the monarchy.

Hadyn
September 21, 2022 12:33 am

What about a costs order?

ozspeaksup
September 21, 2022 4:09 am

a few aboriginals on tiwi islands just canned a gasline passing to timor from aus, theyre so pleased
its gas not oil so accidents would do stuff all, meanwhile same mobs got hands out for govvy cash and they just ruined income for all of aus via taxes etc.
may they enjoy lack of services ongoing, fools
also may well hand the gas supply deals to china whos after it bigtime for obvious reasons

Last edited 8 days ago by ozspeaksup
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