Committee For A Constructive Tomorrow

CFACT's Climate Depot goes to court:
Legal victory as Montana Supreme Court rejects warming lawsuit


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Climate Depot's Marc Morano

CFACT's mulitple award-winning Climate Depot published an exclusive 321 page report in December of over 1000 scientists who dissent over claims of man-made global warming. The report was submitted as key scientific evidence in a high profile and victorious court case before the Montana Supreme Court.

The Associated Press reported that the Court, “on Wednesday denied a petition filed by attorneys seeking state regulations to curb greenhouse gas emissions. The AP noted “the petition filed in May was part of a new legal strategy by activists trying to force government intervention on climate change. They want the atmosphere designated as a public trust deserving special protection. Similar lawsuits and regulatory petitions were filed last month by attorneys representing youth nationwide.”

Atmospheric Physicist Dr. Ed X. Berry, a member of the American Meteorological Society and President of Climate Physics Institute (CPI), submitted Climate Depot’s SPECIAL REPORT: More Than 1000 International Scientists Dissent Over Man-Made Global Warming Claims in support of a Motion to Intervene.

Berry noted that the Climate Depot report was submitted as one of “two key scientific exhibits” and credits the Motion to Intervene with “influencing’ the Supreme Court.“ The Climate Depot report of more than 1000 dissenting scientists was an update to a 2009 U.S. Senate Report of over 700 Dissenting International scientists.

CPI used 2 key scientific exhibits in its Motion to Intervene: A 321-page ‘Climate Depot Special Report” compiled by Marc Morano and The Heartland Institute’s ‘Nature, Not Human Activity, Rules the Climate’ edited by S. Fred Singer,” Dr. Berry explained in a June 15, 2011 press release.

Berry Continued: In a precedent-making decision, the Montana Supreme Court dismissed the lawsuit by Our Children’s Trust saying unsettled factual issues related to limiting emissions of greenhouse gasses (GHGs) must first be addressed in a lower court. The Montana Supreme Court followed the recommendations of the Montana Attorney General, and rejected the claim made by Our Children’s Trust in its May 4, 2011, Petition, that a “scientific consensus exists that increasing emissions of greenhouse gases (GHG) are affecting the Earth’s climate.” The ruling forces those filing future GHG-emissions lawsuits to first prove the scientific credibility of their global warming claims by means of legally competent evidence.”

The plaintiffs sought to have their case heard at the Supreme Court level without first working through the lower courts. Among the requirements for the Supreme Court to assert jurisdiction is that the dispute be one of law and not of fact. The Climate Depot report provides compelling evidence that the facts about global warming are anything but settled.

Climate Depot’s report of dissenting scientists may be used again in future high-profile court battles. Krayton Kerns, a state representative from Montana and global warming skeptic “who helped coordinate the [legal] effort to [against the climate activists], said he was relieved with the Supreme Court's decision. But he said he expected the issue to resurface soon. ‘This is just another loss for their side, and they have all the time and money on their side and they'll continue to fight this,’ he said.”


More background on the Case:

Montana Supreme Court denies climate petition

Montana Supreme Court rejects the Global Warming petition by Our Children’s Trust

AP: Montana Supreme Court denies climate-change lawsuit

Barhaugh v. Montana: Answer to Petition – Exhibit C

More on CFACT’s Award-Winning Climate Depot:

Previous Climate Depot Awards and notices:

Climate Depot’s Marc Morano received the Accuracy in Media journalism award in February 2010 for his key role in reporting on the global warming Climategate scandal.

In June 2010, Morano given an award by Doctors for Disaster Preparedness (DDP) for “demonstrating courage and achievement in defense of scientific truth and freedom.

In August 2010, Climate Depot and Morano were honored again by being inducted into Townhall Magazine's “Townhall of Fame.” The magazine noted Climate Depot is “the No. 1 online destination for the truth behind today's global warming hysteria.

The Washington Post singled out Climate Depot in September 2009 for influencing public skepticism. The New York Times profiled Morano in April 2009, noting that he used science as a “Political Battering Ram.”

In April 2010, Esquire Magazine featured Morano in a 6500 profile. See: Esquire Mag. Profiles Climate Depot's Morano in 6500 Word Feature Article: 'This Man Wants to Convince You Global Warming is a Hoax...He seems to be winning'

Still more on Climate Depot see here.

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