Climate Lawsuits Heading for Defeat Say Top Legal Experts

By: John O’Sullivan

Desperate greens file countless lawsuits in last gasp bid for climate regulations: experts, public and lawmakers unmoved.

May 2011 sees the Big Green litigation machine go into overdrive as it ignores Gallup Poll ratings showing Joe Public no longer believes it’s global warming propaganda. In a story that is going viral on the web, Matthew Brown (Associated Press) explains that, “The courtroom ploy was backed by activists looking for a legal soft spot to advance a cause that has stumbled in the face of stiff congressional opposition.”

In the United States environmentalists plummet new depths as gullible children are groomed to appear in courts to explore any legal loophole to squeeze through impose swinging climate regulations damaging to economic recovery. Meanwhile in Canada skeptic climatologist, Dr. Tim Ball rides a tide of popular support to fight back against well-funded climate doomsayer libel suits.

Greens Groom Kids with Crank Claims of Carbon Contamination

Matthew Brown’s report highlights how the idealism of children is cynically being exploited with this spate of lawsuits. Alec Loorz of Ventura, California, is one of many children indoctrinated into thinking our planet is doomed.

An Oregon-based nonprofit called Our Children’s Trust has been recruiting kids like Alec Loorz as plaintiffs for their speculative claims which are based on “common law” theories, not statutes adopted by state or federal lawmakers.

Loorz is an impressionable 16-year-old climate activist groomed as a plaintiff in one of the speculative U.S. cases. A worried Loorz said he latched onto the effort because he thought, “it would give us teeth, give us a bigger voice than just yelling and marching.”

Loorz was first groomed as an ‘eco-warrior’ at the tender age of 13 after seeing former Vice President Al Gore’s discredited movie, ‘Inconvenient Truth.’ A British High Court ruling in 2007 was that Gore’s film contained nine lies.The judge ruled that the film can only be shown to children with guidance notes to prevent political indoctrination. Sadly, Loorz’s green groomers omitted to pass on that vital piece of information.
Thus the deep-pockets of environmental ‘charities’ believed to be funding young activists, are still remorselessly insisting that human emissions of carbon dioxide that comprises less than 0.04 percent of the atmosphere, is a dangerous ‘poison.’ But to biologists the benign trace gas is merely plant food and has long been pumped into Loorz’s sodas to give that bubbly fizz.

Lawmakers Condemn Green’s Misuse of Precious Court Time

Many legal analysts predict that this latest ruse by climate extremists will clog up the court system in all 50 U.S. states. Such lawsuits are already being frowned upon from an unlikely quarter: the Obama administration.

Already, the U.S. Supreme Court has disapproved of such “nuisance cases.” Environmental lawyer, Steven G. Jones correctly echoed the voice of the judiciary, “[t]he Supreme Court has long recognized that there are cases that raise political questions that should be reserved for the political branches of government.” [1.]

In his excellent legal analysis, ‘Republican Lawmakers Join Obama Administration in Urging Supreme Court to Overrule GHG Nuisance Case,’ Jones highlights the fact that the Obama administration agreed with Republicans that the U.S. Supreme Court was correct to overturn an appellate ruling that would have allowed environmental plaintiffs to sue sources of greenhouse gases (GHGs) under tort law. Thus even this ultra-green President who tried and failed to get Congress to pass climate laws frowns upon this new and ill-thought out legal gambit.
Harvard Law School professor Jody Freeman agrees with Columbia University law professor Michael Gerrard are among a host of experts advising that these frivolous lawsuits won’t save a moribund green cause. Freeman doubts a law court could ever be an appropriate forum for the issue.

“I am generally skeptical the plaintiffs will succeed in the courts pressing for common-law remedies from judges,” Freeman said. Another expert, Hans von Spakovsky, attorney and a former member of the Federal Election Commission (FEC), dismissed the lawsuits for being based on “a creative, made-up legal theory.”

However, to the far northwest in Vancouver, British Columbia, a far more compelling and ultimately decisive global warming legal battle is being fought in Canadian libel courts. Climatologist, Dr. Tim Ball and his legal team are confident they will deal their own fatal blow to two lawsuits filed by UN climate extremists, thus putting an end to any claims that man-made global warming has any scientific substance.

The omens are good, according to ‘Time’ magazine, which notes that Canadian voters, just like their U.S. cousins, have been voting down green policies in recent elections; so it will be hard to find any jury north or south of the 49th parallel eager to resurrect environmentalism’s lost cause.

[1.] Id. at 11 (citing Baker v. Carr, 369 U.S. 186, 217 (1962) and Vieth v. Jubelirer, 541 U.S. 267, 277 (2004)).

Source: John O’Sullivan


Filed under Climate Alarmism, Climate Change, Climate Disruption, CO2, Co2 Insanity, Global Warming, John O'Sullivan, Legal, Politics

4 responses to “Climate Lawsuits Heading for Defeat Say Top Legal Experts

  1. Interesting piece, John. Good luck, Dr. Ball.

    Here is my 15 minute interview on CJAD Radio (Montreal) on May 12- “COUNTERING GREENPEACE AND IPCC ENERGY AND CLIMATE MYTHOLOGY”:

    Here is the 1.5 hour CFRA (Ottawa) radio show with Professor Patterson also on May 12: .

    Comments very welcome!


    Tom Harris, B. Eng., M. Eng. (Mech.)
    Executive Director, International Climate Science Coalition
    Ottawa, Canada

  2. John O’Sullivan’s public posturing as a legal expert is almost as amusing as his posturing as a science journalist. In his many online profiles and resumes, Mr. O’Sullivan claims to be a highly successful litigator in NY State and a member of the American Bar Association. He is neither. He holds no law license in NY (or anywhere that I’ve been able to find). And he is NOT a member of the American Bar Association. To become a member of the ABA, one has to hold a license to practice law in the United States.

    Mr. O’Sullivan also claims to be the author of more than 150 major articles in publications such as Forbes Magazine and National Review. He is not. When recently challenged in a LinkedIn discussion to cite any of the articles he claims to have published in those magazines, he cited two links to National Review articles written by John O’Sullivan. An investigation showed the author of those articles is not this impostor and fraud, but the magazine’s renowned Editor-at-Large named John O’Sullivan.

    His record of “highly successful litigation” consists of a series of court pro se defeats, which he describes in hate-filled rants against the judges, who ruled against his wife’s sexual harassment suit on newspaper web sites and countless blogs. In many of those posts, like this one, he demonstrates despicable prejudice by calling one of the NY State judges “lesbian” “scum” and a “puppet” of former Governor Patterson:

    When readers compare his horrendously defamatory accusations to the actual court records, I suspect they will have a different view of his reckless and factually-challenged reporting skills. They should compare his outrageous accusations of brutal rape, attempted murder, and other sordid crimes covered up with this account in the Albany Bar Association’s Newsletter, which describes a mundane case of sexual harassment in the workplace that courts dismissed, after finding his wife’s sexual relationship with her boss was consensual:

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