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Children’s Climate Crusade Victory in Montana Likely a Very Hollow One

Children’s Climate Crusade Victory in Montana Likely a Very Hollow One

All this ruling did was add to the pot of anxiety our children already have about their futures.

My Legal Insurrection colleague Terrance Kible provided a superb review of the recent ruling of the Montana judge overseeing the Children’s Climate Trial, who decided in favor of the 16 child plaintiffs who “challenged the constitutionality of the State’s fossil fuel-based state energy system.”

However, that climate cult victory may prove to be a very hollow one.

To begin with, Dr. David Wojick (an expert in science and mathematical logic) notes that Judge Kathy Seeley merely ruled that the Montana law forbidding consideration of greenhouse gs (GHG) emissions in permitting was unconstitutional. Wojick notes that such a restriction is senseless to begin with and has easy workarounds.

How it is considered is up to the agency or legislature. This need not slow down or stop any project.

The Montana constitution says there is a right to a healthful environment. Alarmism says emissions are harmful which all Courts to date have bought, including this one. So given the possible harm, one cannot simply ignore emissions which the law said to do. Hence the decision to kill the law.

I had no idea there was actually a law forbidding agencies from even talking about emissions. That kind of gag order strikes me as preposterous. Killing it merely takes us back to business as usual. For example an agency could simply say that the emissions associated with a project are too small to have a discernible impact.

…To sum up the kid’s lawsuit won a small victory over a strange law based on a wacky constitutional provision. They lost the big one, asking the Court to mandate and enforce emission reductions. Not much to see here.

Another reason that this “victory” is questionable at best and destructive at worst centers on the impact on the children.

Reviewing the reports on the ruling, my biggest concern is related to the psychological manipulation of the children and pressuring them to act on the pseudoscience narratives pushed by adults. Anxiety and depression are becoming more common among children and adolescents, increasing 27 percent and 24 percent respectively from 2016 to 2019.

Climatologist Judith Curry shares my worries about the impact on the children who are constantly bombarded with tales of the upcoming climate apocalypse.

Please, stop scaring and exploiting the kids in an attempt to score political points in the climate/energy debate. If you are concerned about your grandkids, help them to live their best lives, educate them that bad weather has always happened and will continue to, and don’t lead them to think we can control bad weather by eliminating fossil fuel emissions.

Point them in directions to help make a meaningful difference in developing new technologies and protecting the quality of our air, water and soils. And if they are interested in climate change, encourage them to learn geology, oceanography and atmospheric science.

The Issues and Insights Editorial Board mocked the AP story on the ruling, highlighting “perhaps the most asinine sentence ever written about this issue.”

“The ruling following a first-of-its-kind trial in the U.S.,” the AP reported, “adds to a small number of legal decisions around the world that have established a government duty to protect citizens from climate change.”

“A government duty to protect citizens from climate change”?

Think about that for a minute.

Do they mean any sort of climate change, such as the climate change that occurs around the world every year when temperatures can change from sub-zero to 90 degrees in a matter of months?

Or perhaps they mean that the government should protect citizens from things like El Nino, that naturally recurring – but scientifically inexplicable – climate phenomenon that we are currently experiencing, and underwater volcanic eruptions, both of which have driven this summer’s heat waves. [emphasis in original]

Rounding out the analysis is a piece from geologist Dr. Matthew Wielicki, who puts Montana’s carbon emissions into perspective.

Montana’s carbon emissions, like all states, are a function of its economy, population, and energy mix. Given that Montana is a state with a relatively low population but significant coal production and consumption, it appears to have higher per capita emissions than some other states but lower overall emissions.

In fact, according to the US Energy Information Administration, Montana produced just 28.5 million metric tons of carbon dioxide in 2021. This is equivalent to approximately 0.6% of the total US carbon dioxide emissions for 2021.

All this ruling did was add to the pot of anxiety our children already have about their futures.

Unfortunately, even more of this kind of judicial climate inanity is being planned for Utah, Hawaii, and Virginia in the near future.

As always, I conclude with the reminder that carbon dioxide is a life-essential gas.

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Comments

It’s obvious the children are used as a front group by neo-bolsheviks. So, who are the puppet masters?

IneedAhaircut | August 20, 2023 at 12:42 pm

Can my children sue President Biden for increasing the federal deficit and thereby mortgaging their futures? Don’t all children deserve a debt-free future?

    Milhouse in reply to IneedAhaircut. | August 20, 2023 at 11:36 pm

    No. There is nothing in the constitution or in any law saying they do deserve that. Therefore as a matter of law they don’t.

    If the Montana constitution had not had this stupid provision this case would never have started.

    Sure, as long as they accept an asset-free future debt-freedom implies. Let them pay for their own education when they earn enough and watch them squeal about social investment.

Wait until they hear how much CO2 China and India pump out!

Plant more trees, sink more CO2. It’s that simple, although this gas is not a problem in the first place.

“A government duty to protect citizens from climate change”?
If it’s as meaningless as the government’s duty to protect its territory from invasion, shouldn’t be a problem.

There are loads of glaring issues with Judge Seeley’s climate cult manifesto. The most obvious, in my view, are the plaintiff’s lack of standing (no provable injury in fact), lack of demonstrable causation (purported injury is traceable to climate nutters and not the statute), and the entire case should be barred by the politicl question doctrine.

Children should be required to understand the Navier Stokes equations in two and three dimensions before stating an opinion on climate change.

I believe that they believe that it’s the government’s job to protect them from the sky falling.

It is like a repeat of The Children’s Crusade in 1212. As for “the right to a clean and healthful environment”, who decides what that entails? Elected legislatures? Oh wait…leftists only advance their cause via unelected judges.

They’ll file lawsuits in federal courts and garland will cede their case.

Wojick notes that such a restriction is senseless to begin with and has easy workarounds.

It is not senseless. It is vital, and the court striking it down will have serious consequences.

How it is considered is up to the agency or legislature. This need not slow down or stop any project.

It needn’t, but it inevitably will.

I had no idea there was actually a law forbidding agencies from even talking about emissions. That kind of gag order strikes me as preposterous.

On the contrary, it is the only way the legislature can prevent the environuts from enacting damaging regulations.

Killing it merely takes us back to business as usual. For example an agency could simply say that the emissions associated with a project are too small to have a discernible impact.

It could, but you know it won’t.

What this person is missing is that all state agencies, even in Montana, must be presumed to be completely captured by the left. They want to restrict “greenhouse gases”; the only way to prevent them is to enact a law specifically forbidding them from doing so. Hence this law. Striking it down means giving them license to do whatever they want, which will be to destroy progress and send us back down the path to savagery.

If they have to consider “greenhouse gas” emissions, they need to prevent the construction of pools and ponds, and immediately move to drain wetlands.

“If you are concerned about your grandkids, help them to live their best lives”
I agree with this philosophy, but when we practiced taking shelter due to the potential nuclear firestorm, most kids didn’t appear to be worried.

“A government duty to protect citizens from climate change”?
Funny, because the same courts have told us the same government does not have a duty to protect us from crime. But, certainly from climate change.

The first and primary duty of a government is to do justice (i.e., punish crime). Instead Progressives want us to do… this.