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Climate Policy by Judicial Decree

The Wall Street Journal‘s Editorial Board writes on the latest push from progressive to legislate from the courts.

The C3 Take
  • Progressive plaintiffs in Juliana v. U.S. are suing the United States for failing to “safeguard the youngest generation’s ‘fundamental constitutional rights to life, liberty, and property’ and ‘essential public trust resources.’
  • While dismissed under the Obama and Trump administrations, a federal judge has ordered the Biden Justice Department to hear and negotiate their case.
  • The “sue and settle” approach to climate policy is a dangerous precedent to establish. Instead of looking to courts to legislate, we should be turning to open and free markets to create the solutions that are needed to lower emissions.

“The Obama Administration often used this ‘sue and settle’ strategy to bypass Congress. Some 137 new Clean Air Act regulations were imposed as a result of legal settlements with green groups, including tighter ozone limits and new methane emissions standards. The Obama Administration’s climate ambitions were modest compared to President Biden’s, which include eliminating all carbon emissions from power generation by 2035 and from the U.S. economy by 2050.”

Read the full article here.

The views and opinions expressed are those of the author’s and do not necessarily reflect the official policy or position of C3.

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