Tuesday, June 4, 2019

Live Streamed 18-36082 Kelsey Rose Juliana v. USA Today at 2 p.m. (Children's Trust Climate Lawsuit Permission to Proceed to Trial Against USA to be Heard by Case Panel: MURGUIA, HURWITZ, STATON)



“Exercising my ‘reasoned judgment,’ I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society.”
- U.S. District Judge Ann Aiken

June 23 Update: 60 Minutes posted the longer version of the story The climate change lawsuit that could stop the U.S. government from supporting fossil fuels. In a related matter, according to forbes.com, "James Anderson, a Harvard University professor of atmospheric chemistry best known for establishing that chlorofluorocarbons were damaging the Ozone Layer [ . . . .noted] people have the misapprehension that we can recover from this state just by reducing carbon emissions [ . . . . but] within the next five years [. . . .] recovery is all but impossible [ . . .] without a World War II-style transformation of industry—an acceleration of the effort to halt carbon pollution and remove it from the atmosphere, and a new effort to reflect sunlight away from the earth's poles."

June 15 Update: Bill McKibben's twitter page provided this link to Carolyn Kormann's article in The New Yorker"The Right to a Stable Climate Is the Constitutional Question of the Twenty-first Century." The article notes "The judges will take a few weeks to issue their decision." Kormann wrote, "Judge Hurwitz told Olson [. . ] “You present compelling evidence that we have inaction by the other two branches of government. It may even rise to the level of criminal neglect.” 

Today, June 4, 2019, at 2 p.m. Pacific Standard Time the United States Court of Appeals for the Ninth Circuit in Portland, Oregon, will hear arguments to decide if 21 brave children and young adults have legal right to try to force-by-trial the worst-offending carbon-emitting nation in Earth's history (USA) to immediately slow the death train of "climate disruption" as Dahr Jamail calls it. I hope the 70 plus countries visiting this blog in the right frame will listen to this live stream in support of this case. For your convenience, background has been reposted below:

March 3, 2019 Update: 60 Minutes show "Lawsuit could put U.S. government's role in climate change on trial"

January 2, 2019 Update: UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Finds in Favor of Trump Administration Against Children's Trust Climate Lawsuit "in certifying the case for interlocutory appeal, noting that it did 'not make this decision lightly.'"  The Juliana v. United States No. 18-80176 filing continues, "FRIEDLAND, Circuit Judge, dissenting: 'I think the district court’s statements prevent us from permitting this appeal.'"

There is an excellent article in [. . .] The Guardian about 15-year-old Greta Thunberg's solo school strike in Sweden joined by "20,000 students around the world [and spreading] to at least 270 towns and cities in countries [ . . . ] including Australia, the United Kingdom, Belgium, the US and Japan."  The article quotes her "I will not beg the world leaders to care for our future. I will instead let them know change is coming whether they like it or not.”

Thunberg continued, "Since our leaders are behaving like children, we will have to take the responsibility they should have taken long ago. We have to understand what the older generation has dealt to us, what mess they have created that we have to clean up and live with. We have to make our voices heard.”

The article notes Thunberg is a descendant "of Svante Arrhenius, the Nobel-prize-winning scientist who in 1896 first calculated the greenhouse effect caused by carbon dioxide emissions." World leaders at the The UN climate change summit meeting for two weeks in Katowice, Poland, would be wise to listen.

According to The Guardian, Thunberg, who met [. . .] with UN Secretary General António Guterres, had her words complemented by presenter Sir David Attenborough:“the collapse of our civilisations and the extinction of much of the natural world is on the horizon.”

Attenborough told "delegates of almost 200 nations," "Right now we are facing a manmade disaster of global scale, our greatest threat in thousands of years: climate change."

In a related matter, many around the globe are waiting to hear if the Children’s Trust Climate Lawsuit,  Juliana v. US, that was set to begin in Eugene, Oregon, October 29, 2018, will be allowed to proceed.  As a reminder, in July the U.S. Supreme Court ruled in favor of Juliana v. US going forward. In October, 10 days before the trial, "Chief Justice John Roberts signed an order freezing the trial." In November, Robert Barnes and Brady Dennis reported in The Washingon Post "the Supreme Court on Friday night refused to halt [the . . .] lawsuit." However, the Supreme Court decision did not block a lower court from considering the U. S. government's request to stop the trial. Sophie Yeo of the Pacific Standard reported on November 27, 2018, "Although a permanent stay was subsequently denied, the U.S. Court of Appeals for the Ninth Circuit then granted another stay, in response to another government request, and, as of November 21st, was deciding whether the case would go to trial."

The U. S. Supreme Court sounds like a confused child while 15-year-old Thunberg sounds clear and confident.

Thanks to visitors this week from United States, Russia, Ukraine, Germany, France, Portugal, Bangladesh, Canada, and South Korea, and recent visitors from Colombia, Cambodia, Austria, Brazil, and Australia.


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