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Gov. Rick Scott Sued By Activists Who Want A Constitutional Right To A ‘Stable Climate’

by Michael Bastasch
April 18, 2018, 8:04 AM
in News and Opinion
Reading Time: 2 mins read
A A
5
DiCaprio at climate march.
The current lawsuit is backed by Our Children’s Trust, which DiCaprio supports.

Eight Florida youths filed suit against Republican Gov. Rick Scott’s administration on Monday for violating their right to a “stable climate” by not imposing regulations aimed at fighting global warming.

Scott’s “deliberate indifference to their fundamental rights to a stable climate system in violation of Florida common law and the Florida Constitution,” reads the lawsuit complaint.

The “fossil fuel-based energy system created and operated by the Defendants does not and cannot ensure that Plaintiffs will grow to adulthood safely and enjoy the rights, benefits, and privileges of current generations of Floridians,” the lawsuit claims.

The youths, ages 10 to 19, “seek declaratory relief and an injunction compelling Defendants to develop and implement a comprehensive plan to stabilize the climate system and protect the vital natural resources on which Plaintiffs now and in the future will depend,” reads the complaint.

The lawsuit is supported by Our Children’s Trust, an activist group backing eight similar lawsuits in other states. It’s part of a multi-state effort by Our Children’s Trust to use the courts to create a right to a “stable climate” and force governments to issue regulations.

Most notably, Our Children’s Trust won a victory in the Ninth Circuit Court of Appeals. In early March, the court allowed a lawsuit brought by 21 youths against the U.S. government to proceed to trial.

The ruling only emboldened environmentalists, who have increasingly been turning to the courts to push global warming policies.

Beginning last year, eight California municipalities and New York City sued oil companies over global warming. Local governments, led by trial lawyers, argue nuisance and trespassing laws should be applied to fossil fuel companies that contribute to global warming.

Our Children’s Trust, on the other hand, argues public trust doctrine should be applied to the climate system. Under this view, the climate is a natural resource the government has to protect for the enjoyment of future generations.

However, law experts are skeptical that public trust can be applied to global warming. A 2014 Dartmouth Law Review article by Andrew Ballentine argued it’s a way to “circumvent unfavorable political outcomes with legal actions, which runs afoul of non-justiciability limitations.”

Anti-fossil-fuel environmental foundations support Our Children’s Trust. The Daily Caller News Foundation found in late 2017 the Rockefeller Brothers Fund and Leonardo DiCaprio Foundation are among those that support the group.

Read more at Daily Caller

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Comments 5

  1. Sonnyhill says:
    8 years ago

    Education once consisted of parables or fables that could be used later in life making decisions. A wise man builds his house upon the rocks. The big bad wolf blew down the little piggies house made of straw.
    So now children are taught that they are entitled to a stable climate. The Left will deliver it. Uh huh.
    Smooth seas never made for a skilled mariner.

  2. ninetyninepct says:
    8 years ago

    These children wouldn’t be the spawn of Hogg and Sarsour by any chance? Sarsour is as stunned as climate barbie.

  3. R. Johnson says:
    8 years ago

    Our poor children; having been educated to be activists they will soon realize they have no standing and no right to a “stable Climate”.

  4. Gator says:
    8 years ago

    There is a reason why we used to say that children should be seen but not heard.

    Children do not have the resources to make informed decisions or comments on adult topics. Case in point: Children in Florida just don’t know what hurricane season is.

    Mao would be so proud of our Democrats.

  5. Spurwing Plover says:
    8 years ago

    Our Children’s Trust just another liberal leftists group just like the rest of them these lawsuits are frivolous and idiotic and need to be ended and the age limit put on tort reform

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