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Judge rules in favor of Montana youths in landmark climate decision

washingtonpost.com

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Re: Judge rules in favor of Montana youths in landmark climate decision

#21

Post by dfxm12 »

e40 wrote: post #12
terminous wrote: post #4

I didn't realize how explicit the Montana state constitution was on this [1], which was rewritten in 1972: Part IX. ENVIRONMENT AND NATURAL RESOURCES Section 1. Protection and improvement. (1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. (2) The legislature shall provide for the administration and enforcement of this duty. (3) Th…

Back when conservatism was synonymous with being conservative wrt the environment. Such a different place today's conservatives are at.

FWIW, the democratic party was in power in Montana when this was written & passed. I guess for their part, republicans didn't get in the way.

Re: Judge rules in favor of Montana youths in landmark climate decision

#22

Post by vkou »

phpisthebest wrote: post #11
wunderland wrote: post #2

This is the kind of thing that is inspiring to young people. Not watching a couple of billionaires experience weightlessness for a few minutes.

[flagged]

If we're going to hold progress hostage to some poor person getting harmed in some poorly-quantified way, we never would have gotten runnning water, electricity, or the automobile.

Re: Judge rules in favor of Montana youths in landmark climate decision

#23

Post by yycc9866tfbvxd »

e40 wrote: post #12
terminous wrote: post #4

I didn't realize how explicit the Montana state constitution was on this [1], which was rewritten in 1972: Part IX. ENVIRONMENT AND NATURAL RESOURCES Section 1. Protection and improvement. (1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. (2) The legislature shall provide for the administration and enforcement of this duty. (3) Th…

Back when conservatism was synonymous with being conservative wrt the environment. Such a different place today's conservatives are at.

[dead]

Re: Judge rules in favor of Montana youths in landmark climate decision

#25

Post by renewiltord »

phpisthebest wrote: post #17
renewiltord wrote: post #7

AFAICT without being an expert: 1. The state constitution says it's got to provide a clean environment https://leg.mt.gov/bills/mca/Constitution/IX/1.htm (so short I won't provide a quote) 2. The Montana Environmental Policy Act in Montana has some exceptions written into it and in subsequent revisions https://leg.mt.gov/content/Publications/Environmental/2021-m... 3. One of these exceptions is that it limits the sco…

>> things that's used to stop windmills Why do you hate whales and birds? The environmental impact if windmills are pretty large >The article is that it's over fossil fuels, which sounds like the right target, MT has the largest coal reserves. Pretty sure that is target. The problem here like most of these things is the unintended consequences of these policies. Often they are only concerned with stopping the thing t…

Well, birds poop on me, so that's a good reason. It's war with those bastards.

Re: Judge rules in favor of Montana youths in landmark climate decision

#27

Post by Aerroon »

wunderland wrote: post #2

This is the kind of thing that is inspiring to young people. Not watching a couple of billionaires experience weightlessness for a few minutes.

Why would future price increases for all your goods be inspiring for young people? That's what you're going to end up with when you increase costs. People don't choose fossil fuels just because, they're chosen largely for economic reasons.

Re: Judge rules in favor of Montana youths in landmark climate decision

#28

Post by breakyerself »

shadowtree wrote: post #19

From a logical perspective, Montana now needs to declare war on China and India. The US' CO2 emissions have been falling for a long time, now at levels of the 1950s. Pritzker's nuclear ban also means Montana invading a fellow state.

The US is the #2 largest CO2 emitter and the largest overall historical emitter of CO2 so it would make more sense to declare on the US itself and China, then India if there's still powder left after that, but I don't imagine you're being anythinglre than facetious.

Re: Judge rules in favor of Montana youths in landmark climate decision

#29

Post by hash872 »

Unpopular opinion, really strong judicial review like this (1 judge is able to strike down whatever law the legislature of Congress passes based on vague criteria) is basically incompatible with democracy. At a minimum it should take a supermajority of a panel of judges to find a law 'unconstitutional'. It grants absolutely vast, arbitrary power to 1 single official because they happened to have attended law school. The system of government where 1 person has this much power but they don't have a JD is usually called a 'dictatorship!'

And if your response is- well I like this particular judge's ruling so it's OK, I would remind you that a different judge could come up with an equally stretched right-wing ruling. After all, a state could pass an anti-carbon pollution law only for 1 judge to arbitrarily decide that that somehow violates the constitution, or something. Right-wing judges have struck down gun control laws, campaign financing ones like Citizens United, anti-corruption laws.... the list goes on and on.

Strong judicial review is arbitrary and capricious

Re: Judge rules in favor of Montana youths in landmark climate decision

#30

Post by mikestew »

e40 wrote: post #12
terminous wrote: post #4

I didn't realize how explicit the Montana state constitution was on this [1], which was rewritten in 1972: Part IX. ENVIRONMENT AND NATURAL RESOURCES Section 1. Protection and improvement. (1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. (2) The legislature shall provide for the administration and enforcement of this duty. (3) Th…

Back when conservatism was synonymous with being conservative wrt the environment. Such a different place today's conservatives are at.

I believe the word you're looking for is "conservationism". The definition of conservatism has not changed. In fact, the wikipedia article for conservation calls out the ambiguity, right at the top:

https://en.wikipedia.org/wiki/Conservation_movement

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