More On European Climate Change Litigation: These People Are Crazy
/It’s easy to look at “climate change” litigation in the U.S. and conclude that a good percentage of our environmental bureaucrats and judges who get involved in these things are crazy.
Thus many courts around the country (mostly state courts) have allowed lawsuits seeking damages against oil companies over greenhouse gas emissions from their products to proceed at least beyond the preliminary stages. And the EPA, early in the Obama administration (2009) issued what is called the “Endangerment Finding,” declaring CO2 and other GHGs to be a “danger to public health and welfare” — a ridiculous determination that the Trump administration nevertheless did not attempt to undo, and which substantially ties the government’s hands in contesting wacky climate-related cases. Not that the Biden Administration can be counted on to contest these cases at all, no matter how preposterous.
We do have in the U.S. this thing called the doctrine of “non-justiciability.” The doctrine has been around for a long time, and is well-established in many precedents. As discussed in my most recent post, it was the non-justiciability doctrine that sank the Juliana case, which sought to get a court to order the end of the use of fossil fuels in the U.S. on the basis of the Due Process clause of the Fifth Amendment and the Equal Protection clause of the Fourteenth Amendment. Even two of three Obama-appointed judges on the Ninth Circuit panel agreed with that rationale.
But let’s consider Europe.
