by Ed Berry, PhD, Theoretical Physics
When Democrats win Held v Montana (HvM) here’s what will happen:
- Montana will pay Democrats’ attorney fees.
- MCA § 90-4-I00l(c)-(g) is unconstitutional, so must stop mining coal, oil, and gas.
- MCA § 75-l-201(2)(a) is unconstitutional, so must stop GHG emissions worldwide.
- Montana must stop GHG emissions consistent with “best available science.”
- This lawsuit will define “best available science.”
At my own expense, I defeated this lawsuit in 2011 when it was a Petition in Montana’s Supreme Court. I thereby saved Montana billions of dollars and set a legal precedent that Montana courts cannot assume human CO2 causes climate change.
Under Governor Gianforte, Montana thanked me by having MDOR try to shut down my climate business. MDOR spent 20 times as much taxpayer money than MDOR would have received if it had won. But I won MDOR’s mediation, proving MDOR’s case was a fraud. Nevertheless, MDOR’s conscription of my time from July 2020 to July 2022 (during my ages of 85 and 86), set back my professional climate business two years, and cost me a significant amount of money.
Now, AG Knudsen and his rightwing, Libertarian-voting, dominionists have blacklisted me from helping Montana defeat HvM. And I am a Republican who voted for him.
Knudsen does not know how to win a climate lawsuit. He refuses to learn. He has made serious defense errors. He does not know what questions to ask the plaintiffs’ expert witnesses. He does not know what the “best available science” is, let alone how to defend it. He does not know the specific facts and arguments he must enter in the district court to assure Montana’s Supreme Court will rule against the Plaintiffs.
Yet, how we define “best available science” will affect Montana’s economy and education forever.
In April 2022, Knudsen by chance invited a good climate scientist to be an expert witness for HvM. But this scientist returned Knudsen’s email, recommending Knudsen hire me instead, saying Berry can help Montana more than he can, with a copy to me. That’s how I learned about HvM. Even then, Knudsen refused to let me help him.
I really am the key climate physicist Montana needs to defeat HvM and define the “best available science.” My book Climate Miracle is the only book that deals with how to win a climate lawsuit. My expert witness win record is 100%. (Even against MDOR.) I won a high-profile, weather-related murder defense against California’s AG.
My PhD mentor, Friedwart Winterberg, died in 2022. He was the best student of Nobel Laureate physicist Werner Heisenberg. Winterberg wrote that I was his best PhD student in his 50 years of teaching.
Rather than use my help, AG Knudsen is picking scientists from the Internet, not knowing who they are or how experienced they are in court. Many scientists who wax poetic are terrible witnesses in court. They don’t know when to stop talking. Knudsen will get some mediocre scientists, even Democrats or abortionists, who will betray him in court when the Plaintiffs’ attorneys cross examine them. The best courtroom climate scientists are in my Climate Team Six.
Word on the street is HvM Plaintiffs may add a retired UM physics professor as an expert witness. He is a worthy opponent of mine. He published a paper that will help the Plaintiffs win because most people and most scientists and judges will think he is correct.
He wisely attacked the key issue on climate change (that Knudsen is not even aware of), but his physics is fundamentally wrong. I am the only physicist on the planet who can prove in court why his paper is wrong. (Journal editors who understand this key issue invited me to write a rebuttal.)
But because of AG Knudsen and his radical right would rather lose to the Democrats than ask for my help, I won’t be there to save Montana.
The only way to save Montana is for true Republicans to fund a parallel defense using my Climate Team Six. We will win if some wealthy conservatives give us a chance.
In April, the court will set a trial date. Time is of the essence.
To help save Montana, contact Dr. Ed Berry
Ed Berry, PhD, Theoretical Physics