The ninth circuit is very sad tonight because it had to “reluctantly” slap down a kiddy lawsuit over climate change. From Reuters:
In a 2-1 decision, the 9th U.S. Circuit Court of Appeals said the plaintiffs, who were between the ages of 8 and 19 when the lawsuit began in 2015, lacked legal standing to sue the United States.
Good Lord, that was close.
Circuit Judge Andrew Hurwitz said the majority reached its conclusion “reluctantly,” given “compelling” evidence the government had long promoted fossil fuels despite knowing they could cause catastrophic climate change, and that failing to change policies could hasten an “environmental apocalypse.”
Our Children’s Trust, an Oregon-based non-profit behind the lawsuit, said in a statement that it would seek an 11-judge panel of the court to review the decision. The ruling had “catastrophic implications,” said Julia Olson, the group’s executive director.
A Department of Justice spokesman said the government was pleased with the outcome.
The 21 children and young adults had accused federal officials and oil industry executives of violating their due process right to a “climate system capable of sustaining human life,” by knowing for decades that carbon pollution poisons the environment but doing nothing about it.
That is insane. Thank goodness they didn’t fall on the side of insanity, which the ninth circuit usually does. And…
Hurwitz said the case left “little basis for denying that climate change is occurring at an increasingly rapid pace,” but that addressing it required “complex policy decisions entrusted, for better or worse, to the wisdom and discretion” of the White House and Congress.
“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,” he wrote.
There you go. If your case is so good, take it to the public and have it litigated in the court of the 2020 election. If you win, you get to destroy our economy for the sake of some computer models of the future….