American Elephants


Unfortunately There Is No Law That Prevents Cities From Being Stupid by The Elephant's Child

“Climate Alarmists” (the term for mostly Democrats who can’t be bothered to read the science and are sure the Earth is in it’s last days because of global warming) new thing has been to sue the hated fossil fuel companies (big and rich) to help to pay the city’s alleged costs of dealing with climate change. So far they are 2-0. You can easily guess the two cities involved — San Francisco and New York City. In June, Judge William H. Alsup for the Federal District Court in San Francisco dismissed a lawsuit against BP, Chevron, ConocoPhillips, Exxon Mobil and Royal Dutch Shell, filed by San Francisco and Oakland.

Now Federal Judge John F. Keenan of the U.S. District Court for the Southern District of New York dismissed New York City”s lawsuit against the same five major oil companies intended to force them to help pay the city’s alleged costs of dealing with climate change. In his 23-page decision Judge Keenan wrote that climate change must be addressed by the executive branch and Congress, not by the courts.

Although climate change “is a fact of life,” Keenan wrote, “the serious problems caused thereby are not for the judiciary to ameliorate. Global warming and solutions thereto must be addressed by the two other branches of government.”

Keenan ruled New York’s state and federal common law claims were disallowed under the Clean Air Act, saying it would be “illogical” and violate U.S. Supreme Court precedents to allow the claims under state common law “when courts have found that these matters are areas of federal concern that have been delegated to the executive branch as they require a uniform, national solution … [and] the Clean Air Act displaces the City’s claims seeking damages for past and future domestic greenhouse gas emissions brought under federal common law.”

In addition, Keenan determined NYC’s lawsuit was unjustified because the city itself contributed carbon dioxide emissions and benefited from fossil fuel use.

Despite two courts saying clearly that climate policy is soley the business of the legislative and executive branches of the federal government, New York City and Oakland and San Francisco say they plan to appeal thier cases’ dismissals. A day after Keenan’s dismissal, Baltimore sued oil companies for climate change in Maryland state court and Rhode Island sued in state court to recover the cost of climate change. This is, of course just a case of an attempted shakedown of companies assumed to have deep pockets. Cities don’t mind frittering away taxpayers money — there’s always more where that came from, they can raise money taxing drinking straws and save the sea life as well.

I don’t know what these cities consider the “costs” of global warming. Perhaps it’s banning plastic bags at the grocery store, or paying for electricity from wind turbines and buying solar panels to put on city buildings? But they should be charged for wasting taxpayer money on “renewable energy” that costs more than fossil fuel energy, and provides less energy. Solar energy and wind turbines are causing “energy poverty” in Germany and other European countries. There is no law against governments at any level being stupid. You have to vote them out. It is Your Responsibility.


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