This is the kind of ruling that I believe indicates how Nova Earth is beginning to take shape. We should be seeing more decisions like this making their way into the public arena; that is to say, into the collective consciousness. Although nothing has become law, it is movement in the right direction, and a victory for all the people who are working selflessly behind the scenes to make these changes. -S.C.-
Texas judge rules atmosphere, air is public trust
by
Ramit Plushnik-Masti
Associated Press
July 12, 2012
HOUSTON
— A Texas judge has ruled that the atmosphere and air must be protected for
public use, just like water, which could help attorneys tasked with arguing
climate change lawsuits designed to force states to cut emissions.The written
ruling, issued in a letter Monday by Texas District Court Judge Gisela Triana,
shot down arguments by the Texas Commission on Environmental Quality that only
water is a ‘‘public trust,’’ a doctrine that dates to the Roman Empire stating
a government must protect certain resources — usually water, sometimes wildlife
— for the common good.Adam Abrams, one of the attorneys arguing the case
against the commission, said Triana’s ruling could be used as a persuasive
argument in lawsuits pending in 11 other states.
In Texas, a ruling to protect air and the atmosphere has added significance.
Governor Rick Perry, a Republican, is a vocal opponents against widely accepted
scientific research that fossil fuel emissions are causing global warming. And
the state has refused to regulate greenhouse gases, forcing the Environmental
Protection Agency to work directly with industries to ensure they comply with
federal law.
‘‘The commission’s conclusion that the public trust doctrine is exclusively
limited to the conservation of water is legally invalid,’’ Triana wrote.
She also wants the case brought to a standstill, saying that so long as
Texas has open-ended litigation on similar issues on the federal level, she
cannot compel the commission to write rules to protect the atmosphere and the
air.
The lawsuit was brought by the Texas Environmental Law Center, and is part
of a court campaign in a dozen states by an Oregon-based nonprofit, Our
Children’s Trust. The group is using children and young adults as plaintiffs in
the lawsuits — some state and some federal — filed in Alaska, Arizona,
California, Colorado, Iowa, Minnesota, Montana, New Jersey, New Mexico, Oregon,
Texas, and Washington.
By relying on ‘‘common law’’ theories, the group hopes to have the
atmosphere declared a public trust for the first time, granting it special
protection. The doctrine has been used to clean up rivers and coastlines, but
many legal experts have been unsure if it could be used successfully to combat
climate change.
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