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Published: Friday 23 August, 2013

canada goose parka expedition homme canada goose parka expedition homme EPA Climate Change Ruling Would be a Stimulus for Lawyers

While nearly every sector of our economy will be bracing for its negative impact, one sector litigation industry look upon the EPAs action as a jobcreating government stimulus. Supreme Court ruling, the EPA proposed a finding last April that greenhouse gas endangers public health and welfare and contributes to climate change. The proposal is undergoing a regretfully abbreviated 60day comment period that ends tomorrow. But EPA statements and related actions clearly indicate the agency intends to ultimately find endangerment.

Such a finding triggers regulation of sources of greenhouse gas emissions under the federal Clean Air Act, a law written over 30 years ago to address local and regional environmental problems. One legislative leader on climate change, Rep. John Dingell, has remarked that it would be insane that Congress would be talking about leaving this kind of judgment . to a long and complex process of regulatory action, affecting potentially every industry and every emitter and every person in this country. From cars to cows, energy plants to neighborhood dry cleaners, landfills to restaurants, the regulation would encompass American businesses of all types and sizes.

A formal government proclamation that greenhouse gases are a threat to public health and welfare, and are thus subject to the Clean Air Act, is a dream come true for plaintiffs lawyers and litigious professional activists. canada goose parka expedition homme Up to now, litigation has thus far, thankfully, played a minor role in addressing climate change. Courts have largely rebuffed lawsuits by state attorneys general alleging that greenhouse gas emitters were a public nuisance. A $400 million nuisance and conspiracy suit filed against 23 energy companies by an entire Alaskan village remains undecided.

But the slow drip of climate change lawsuits is about to become a deluge, drowning the judiciary and thousands of businesses, in a tsunami of litigation.

Swiss Re, a leading insurance company, recently opined that global warming suits will explode and expand faster than asbestos litigation. The EPAs endangerment finding will be cited in countless class actions and other suits alleging that productive economic activity caused health problems or led to damaging heat, flooding, drought, wildfires, or the spread of pathogens.

The EPAs proposal makes no effort to quantify the risk of any of these potential outcomes of global warming, or to specify a direct health effect from them. This wont, of course, stop creative plaintiffs lawyers from using EPAs finding to sow fear or prevent judges and juries from favorably noting the government determination in liability suits. Just as with asbestos liability, exposure to climate change litigation will be spread throughout the economy, with the small scale rancher or farmer, the corner restaurant, and the community nonprofit hospital bearing the brunt of the burden.

In addition to civil liability suits, EPAs endangerm canada goose parka expedition homme ent finding will allow activist organizations to file citizen suits against businesses whose greenhouse gases emissions allegedly violated the Clean Air Act. These private attorney general actions can be very lucrative and activists regularly deploy them to expand the boundaries of laws like the Clean Air Act to create even more litigation opportunities.

In litigation, there is no occasion for the parties, the judge, or the jury to weigh the costs, benefits, feasibility, and both short and longterm consequences of different potential legal outcomes. This concern is significantly amplified when the overarching matter before a court is as complex, or as global in nature, as global warming.

As one federal judge prudently wrote in dismissing Californias climate change lawsuit against auto manufacturers, injecting this court into the global warming thicket at this juncture would require an initial policy determination of the type reserved for the political branches of government.

Heres just a little sample of enviro insanity syndrome.

My wife has asthma, and the price of her little puffer the size of my thumb has just gone up 45%. Why? Because the nutjobs at the EPA listed the propellant in the tiny canister as a green house gas and the canada goose parka expedition homme pharmaceutical companies had to find an ecofriendly gas. I reckon all the asthma inhalers in the country probably spew out as much gas as one school bus does in a day. That little bit of regulatory insanity has cost our household about $35.00 a month. Multiply that by a couple of million asthma sufferers and imagine the financial waste.

Now, figure out the enviro regulatory costs on everything you buy and do Staggering!

Remember, these hundreds of billions of wasted dollars also mean lost jobs.

Rabid environmentalism is also closing off outdoor recreation and access to millions of Americans. KEEP OUT signs, locked gates, lost recreational venues, and closed roads will the outdoor legacy passed on to our children.

And, if Obama gets his cap and trade passed the resulting financial disaster and lost jobs will further devastate our country.

Environmentalism has morphed into Americas official State Religion. Its intolerant creeds and dogmas control or influence our schools, courts, media, government bureaucracy and politicians. canada goose parka expedition homme