Lawsuits Will Stop Climate Change

Vermont hopes so, anyway

Vermont State House, Representatives Hall

The Rule of Six in Canada

I wrote recently about a new law in Canada which allows any six people to bring a climate lawsuit against any company. In my post, Stasi Come Home, I quoted Pandreco’s Oh Canada post:

“Firstly, the government added provisions that allow any six residents to launch a private action under the Competition Act rather than having to convince the Competition Bureau that a claim has merit (i.e. bypass the Competition Bureau). Thus, any six residents can bring a private action about any kind of environmental or climate related claim (that a company has made) about …(its) industry, processes, etc.”

In that post, I also wrote about Vermont’s Clean Heat Standard, and how it is impossible for our fuel dealers to meet its requirements.

The Rule of One in Vermont

As it turns out, Vermont has its own Rule of Six. Except that it is the Rule of One. It is part of the GWSA (Global Warming Solutions Act). Robert Roper has a blog on Vermont politics. He quotes the GWSA in his post Conservation Law Foundation Cashes In on GWSA “Please, Sue Us!” Clause.

“Any person may commence an action alleging that rules adopted by the Secretary pursuant to section 593 of this chapter have failed to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title.” And that, “In an action brought pursuant to this section, a prevailing party or substantially prevailing party: (1) that is a plaintiff shall be awarded reasonable costs and attorney’s fees….”

Then Roper comments: “So, what your elected representatives did was give legal standing, which otherwise nobody would likely be granted, to anyone on the planet who wants to take you as a taxpayer to court and stick you with not only the legal bills to defend yourself (the state), but also the legal bills of whatever jerk(s) come out of the woodwork to prosecute you.”

As Roper points out, nobody can meet the draconian requirements of the GWSA. No, we aren’t going to go from 7,000 electric vehicles in the state to 27,000 by the beginning of 2025. Likewise, thousands of heat pumps will not be installed in the next few months. According to Roper, the Vermont Climate Council has estimated that Vermont currently has about 700 weatherization workers. To meet its GWSA goals, it will need 5,000 such workers by the mid 2020s. (The mid-2020s is right now, actually.)

Vermont will miss its GWSA goals.

NGO Versus Vermont

The first GWSA lawsuit is on its way. As reported in Vermont Digger, Conservation Law Foundation Plans to Sue the State, CLF sent a notice of alleged violation to the Agency of Natural Resources. The agency has “..(failed) to meet (their) legal responsibilities set by the Global Warming Solutions Act (GWSA), ensuring the State is on track to reduce climate-damaging emissions.”

As Roper said in his post, suits such as this could cost Vermont taxpayers millions of dollars and …”achieve no public benefit whatsoever, serving only to line the pockets of special interest lawyers.”

Follow the money

I am angry and depressed about laws such as the recent Canadian law, the Vermont Clean Heat Standard, and the GWSA. These laws set goals that are impossible to meet, but you can be fined for not meeting them. These laws encourage lawsuits against the state, against businesses, probably against your neighbors. It reminds me of divide-and-conquer, spy-and-accuse, and all the other marks of a repressive government.

Some people will get rich due to these open doors to lawsuits. So at least I understand the motivation.

I don’t like it, but I understand it. In my opinion, the motivations have very little to do with climate.

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