The Kids are NOT alright in Colorado

 

emma earth guardians

The highest court in Colorado has thrown out the Earth Guardians case against fracking and other extractive fossil fuel mining practices in the state.  Ecowatch has a short, succinct article on the case. I’ll put up some quotes here, but their article explains all the ramifications. 

I had hopes (as many of us did) that the fact the US Supreme Court declined to throw out the suit last summer would have some bearing on the proceedings. But according to Justice Richard Gabriel (who issued the ruling), the problem is written into Colorado’s law. “[T]he pertinent provisions make clear that the Commission is required (1) to foster the development of oil and gas resources, protecting and enforcing the rights of owners and producers, and (2) in doing so, to prevent and mitigate significant adverse environmental impacts to the extent necessary to protect public health, safety, and welfare, but only after taking into consideration cost-effectiveness and technical feasibility.” In other words, as long as Colorado’s pertinent law states up front that its purpose is to foster development of oil and natural gas, such legal actions as taken by Earth Guardians are contrary to the primary wishes the government is legally required to consider.

There’s also another issue to consider–last Summer, the Trump administration tried to play a ‘Trump Card (irony alert) in the proceedings by its attorneys arguing that the suit was a moot point. The issue was that it was TOO LATE to stop climate change/global warming and so the case had little practical purpose. I suspect this defense of the indefensible will come back again.

climate kids

“To know that the judges in the highest court of my state believe that the interests of the oil and gas industry come before the public health, safety and welfare of my fellow Coloradans is shameful.” — Xiuhtezcatl Martinez, another party to the suit.

I can’t imagine that the current SCOTUS would see this law any differently.

Don’t expect any judicial relief from the destruction of the home planet. 

 

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