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The dangerous slippery slope of activist-driven climate lawsuits

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From the Frontier Centre for Public Policy

By Joseph Quesnel 

Canadians should be concerned climate activists are pushing climate change litigation – or climate change tort cases – at the U.S. state and local levels.

We should all be prepared if this bizarre new legal trend introduced by climate change alarmists comes to Canada.

Canadians have noticed most extreme climate change-inspired ideas – like banning natural gas furnaces – originate from liberal parts of the United States and eventually find their way northwards to our provincial legislatures or city halls.

Lawyers – supported by climate change alarmist organizations – are inventing new legal theories to allow state governments to sue energy companies for alleged contributions to global climate change. Lawyers even attempt to link oil companies to specific extreme weather events.

American observers became alarmed when the Hawaii Supreme Court upheld a lower court ruling in that state allowing oil companies to be sued in state courts for their alleged contribution to climate change.  U.S. Legal critics were concerned how this climate change litigation could turn state courts into regulators of global climate change. They argued this was improper given that inter-state and foreign energy policy and commerce is federally regulated.

Canadian judges will have to deal with similar federalism/jurisdictional issues if these nuisance lawsuits come to our courts. Green activists on both sides of the border are determined to handicap the energy sector through the courts and lower levels of government.

Lawyers are basing their legal theories on unjustified certitude regarding climate change.  The United Nations Intergovernmental Panel on Climate Change (IPCC) – the most prominent so-called “authority” on climate science – actually presents a nuanced and cautious view of this topic. Politicians and journalists often blame specific weather patterns or events on climate change with little evidence.

Canadian author Joanne Marcotte, in her book Inconvenient Doubts: Climate Change Apocalypse: Really? reminds us that so-called experts miss three key points about IPCC reports: 1) They include varying degrees of confidence and probabilities, rarely mentioned by the media; 2) Some statements refer to specific regions but are often generalized globally; and 3) An extreme weather event becomes a disaster only if a region cannot respond effectively.

Lawyers pushing these anti-oil lawsuits are really saying courts can determine with certitude these oil companies are causing climate change or they can be blamed for specific weather events.

Activists are pushing their anti-energy agenda in the courts because they are losing the war of ideas in democratically elected legislatures. Canadian voters are rejecting these unnecessary and costly green policies because they are being economically crushed by spurious and environmentally pointless carbon taxes that unnecessarily inflate all basics including food and gasoline prices . Activists realize this and want unelected and unaware judges to become arbiters on an incredibly complex and nuanced issue like global climate change.

Drivers should be wary because once courts allow provinces to attack oil companies they may come after them.  Activists know transportation is the second biggest contributor to carbon emissions after the energy sector.

Canadian litigants raised climate change at the Supreme Court of Canada when several provincial premiers challenged the constitutionality of the carbon tax – a clever way to bypass democratic legislatures and impose their anti-energy policies on courts and lower levels of government.

Canadian consumers should be able to choose energy sources best for them.  We should not allow activists to use courts – as they have in the United States – to impoverish everybody through by imposing extreme and unscientific anti-energy climate policies through the backdoor.

Joseph Quesnel is a Senior Research Fellow with the Frontier Centre for Public Policy.

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Andrew Scheer exposes the Mark Carney Canadians should know

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NEWT GINGRICH: Europe’s Elites Were Finally Told To Take A Look In The Mirror

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From the Daily Caller News Foundation

By Newt Gingrich

In an amazing show of courage, Vice President J.D. Vance offered an intervention for some of our European allies.

That is the best way to think of the two historic speeches he made in France and Germany last week.

In Paris, Vice President Vance pledged the United States would do whatever it takes to lead the world in the development of Artificial Intelligence. He went on to assert that Europe’s automatic response to regulate technological change rather than adapt to it was doomed to fail.

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Vance warned the Europeans that the Trump administration would retaliate to protect American high-tech companies from being fined and regulated by the European community.

Then, Vance went to the Munich Security Conference. It is the annual meeting of European leaders concerned about defense and threats to peace. The Vice President shocked the Europeans by launching a frontal assault on the decay of their political system.

As Vance put it:

“But while the Trump administration is very concerned with European security and believes that we can come to a reasonable settlement between Russia and Ukraine, and we also believe that it’s important in the coming years for Europe to step up in a big way to provide for its own defense, the threat that I worry the most about vis-à-vis Europe is not Russia, it’s not China, it’s not any other external actor.  And what I worry about is the threat from within, the retreat of Europe from some of its most fundamental values — values shared with the United States of America.”

He then went through a litany of specific complaints about the behavior of different European countries. They ranged from failing to control immigration, suppressing free speech, and Brussels seeking to control and define futures of independent countries such as Hungary and Romania.

The leading French newspaper, Le Monde (their equivalent of the New York Times) asserted that the American Vice President was declaring “ideological war on Europe.”

Le Monde was right. The European elites have been decaying for at least two generations. They hide behind their privileged status and take ideological positions that feel good but are destructive. Europe’s failures are devastating for most everyday Europeans.

I have personal knowledge about this. I have a Ph.D. in Modern European History – and I have lived in France, Germany, Belgium and Italy. As a young Army dependent, we were living in France when the French Army came back from Algeria, killed the French Fourth Republic and brought back General Charles de Gaulle to establish the Fifth Republic.

It is now the longest serving non-royal government in French history.

The European elites value each other’s opinions more than they value serving the people of Europe. The European elites live in a fantasy world of green policies that destroy industries and jobs, welfare policies which destroy the work ethic, and immigration policies which undermine the popular culture. They simply hope for a peaceful world without a strong military.

Meanwhile, state enforced speech codes protect Islamic extremists at the expense of local citizens.

The result has been a steady decline of European culture, economic development, and defensive capacity.

The Afghan Islamist who wounded more than two dozen people and killed a mother and her two-year-old daughter with a car two days before the supposed security conference signals the willful avoidance of reality at the heart of the elite European worldview.

To be clear, I admire European civilization. I believe America is far stronger and safer if Europe is healthy and capable of growing and defending itself.

I hope vice president Vance’s intervention at least starts European elites thinking about what must be done to revive their continent.

For more commentary from Newt Gingrich, visit Gingrich360.com. Also subscribe to the Newt’s World podcast.

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