In a precedent-making decision, the Montana Supreme Court dismissed yesterday the Petition for Original Jurisdiction by Our Children�s Trust saying unsettled factual issues related to limiting emissions of greenhouse gasses (GHGs) must first be addressed in a lower court.The Montana Supreme Court followed the recommendations of the Montana Attorney General, and rejected the claim made by Our Children’s Trust in its May 4, 2011, Petition, that a “scientific consensus exists that increasing emissions of greenhouse gases (GHG) are affecting the Earth’s climate.” The ruling forces those filing future GHG-emissions lawsuits to first prove the scientific credibility of their global warming claims by means of legally competent evidence.
As the Montana Supreme Court stated the case:
Petitioners ask us to enter judgment in this original proceeding to declare that the State of Montana (State) holds the atmosphere in trust for the present and future citizens of the State of Montana. Petitioners further contend that this trust imposes on the State the affirmative duty to protect and preserve the atmosphere, including establishing and enforcing limitations on the levels of greenhouse gas emissions as necessary to mitigate human-caused climate change.
But, the Court wrote, it was “persuaded” by the Attorney General�s arguments that the evidence Our Children’s Trust offered for human-caused global warming is in legally substantial doubt...
Tuesday, January 31, 2012
Sow of sanity from the heartland.
Posted by traderrob at 5:40 AM