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|    Message 89,977 of 90,757    |
|    brewnoser2@gmail.com to All    |
|    Climate litigation - a new tool    |
|    21 Jun 19 20:52:39    |
      Interesting stuff. What has been used thus far as a political football to       advance a party's fortunes or their own agenda, the Courts are being asked to       consider the larger picture: our environment as it is affecting our safety       and health and future.               Time to sue the corporations that have put profit before the environment. If       our politicians can be used as their pawns, then we can fight back using the       Courts - and not just wait for the next ballot box.       _________________________________       CBC - Jun 21, 2019              Why environmentalists are taking their climate fight to Canadian courtrooms              As a band of young environmental activists crowded into a courtroom at       Montreal's Palais de justice earlier this month, Zy St-Pierre-Bourdelais       admitted to being nervous.              "It's the first time in my life I'm going to court," he said.              No stranger to climate activism, the 20-year-old college student is part of a       Quebec environmental group asking the courts to declare that the Canadian       government is violating the rights of an entire generation by depriving them       of a right to a healthy        environment.              "The justice system is supposed to be based on laws, on fact, on science,"       says St-Pierre-Bourdelais.              "Climate change is based on science. Politics are not."              The case is unprecedented in Canada, but it's part of a growing wave of       climate litigation worldwide. It's led by environmentalists and communities       aiming to force cuts to carbon emissions, and win damages to pay for the costs       of adapting to climate        change.              "If we had taken [climate] action when I was a kid, things would be much       different than they are right now," says 29-year-old Catherine Gauthier,       executive director of ENvironnement JEUnesse, the non-profit behind the Quebec       lawsuit.              "Perhaps we wouldn't need legal actions to make sure our rights and the lives       of future generations would not be at stake right now."              A global movement              More than 1,000 climate-change-related lawsuits are winding through courts       around the world, according to a database compiled by the Sabin Centre for       Climate Change Law at Columbia Law School in New York.              The flurry of cases follows a groundbreaking decision in the Netherlands in       2015, in which the government was found to be disregarding its constitutional       duty to protect citizens from climate change. The decision forced the Dutch       government to reduce        greenhouse gas emissions by at least 25 per cent compared to 1990 levels.              Similar legal actions are underway in Belgium, Ireland, New Zealand,       Switzerland, Colombia, the United States, and the United Kingdom.              "The courts are where politicians sometimes fear to tread," says Keith       Stewart, senior energy strategist with Greenpeace Canada.              "Whether you're looking at women's rights, civil rights, equality in marriage,       it was often the courts that pushed the politicians … the courts can blaze       that path."              But it's not only policy makers who are being held to account for lack of       climate action.              In the U.S., the world's most litigious country, lawsuits against fossil-fuel       companies are also on the rise.              Cities such as New York, San Francisco and Oakland are seeking to hold dozens       of oil and gas companies to account for their contributions to climate change,       including BP, Chevron, Exxon and Royal Dutch Shell.              Stewart, a longtime environmental activist, used to think environmentalists       should avoid court actions, considering them too slow and expensive, with slim       chances for success.              But that thinking has changed, and now Greenpeace is lobbying councillors in       several Canadian cities, including Toronto and Vancouver, encouraging them to       sue fossil-fuel companies.              Stewart compares climate litigation against "Big Oil" to class-action suits       against "Big Tobacco."              "These are some of the richest corporations in the history of the world. They       have made billions of dollars in profits while knowing their product was       causing these harms," says Stewart, who argues that courts can force       corporations to share the costs of        adapting to climate change.              "This [the awards for damages] would go back to communities to help them with       adaptation, whether it's building seawalls or bike paths or … be prepared       for extreme weather that we can't avoid."                     The future of climate litigation              While Greenpeace's Stewart agrees lawsuits are rarely speedy, he feels the       slow march through the justice system can itself bring about change, as       corporations face pressure from shareholders and politicians are forced to       defend their climate policies.              "Even before you get a final judgment, you get changes in the politics, you       get changes in the investment regime, which push us in the right direction,"       Stewart says.              The number of lawsuits related to climate change will keep increasing, Stewart       predicts, as "tough-minded class-action lawyers" see improved prospects for       success.              He believes the risk of billion-dollar payouts is also forcing fossil-fuel       companies to explore sustainable energy alternatives.              "We see [oil and gas] corporations actually jumping in to support things like       carbon pricing, saying 'Maybe if [we] support that then [we] can get a waiver       on liability from lawsuits.'"              Back in Quebec, lawyer Anne-Julie Asselin says the ENvironnement JEUnesse       lawsuit has been moving surprisingly quickly. It started last November, and a       decision is expected soon on whether the case is approved to proceed as a       class action on behalf of 3.       5 million Quebeckers aged 35 and younger.              "We cannot debate anymore whether economic measures are better than political       or judicial measures … we need to act on all fronts," Asselin says.              Lawyers for the federal government have acknowledged climate change is a major       global challenge, but are taking the position that the case should not       proceed, arguing that courts should not interfere with the executive powers of       government.              St-Pierre-Bourdelais says the Quebec youths behind the lawsuit hope the case       will raise climate awareness and force Canada to reduce emissions, but adds       that he understands it will be a long battle.              "It's just the start of a bigger fight. Climate change is going to impact me       for the rest of my life."              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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