Climate Law

Oregon Eco-Group files Climate Change Lawsuit against Montana Citizens

by Dr. Ed Berry

An Oregon-based nonprofit group “Our Children’s Trust” has filed a climate change lawsuit in the Montana Supreme Court and plans to file similar lawsuits in all 50 states.

The Group claims human emissions of carbon dioxide threatens the Earth’s atmosphere and that continued emissions will cause damages to the next generation, who they claim will have to live with the effects of climate change.

They claim the Earth’s atmosphere is part of the “public trust” and they seek to force Montana to set and enforce limits on greenhouse gases.

The group further claims the threat is too urgent to waste time in lower courts and therefore must be decided directly by the Montana Supreme Court. On Tuesday, May 17, the Montana Supreme Court gave the state 20 days to respond.

Tom Beers, a Missoula attorney, is among the six lawyers filing the suit on behalf of 18 parents, young people and children.

“What the state has been asked to do by the court is a very narrow question of legal procedure: whether the Supreme Court has original jurisdiction in this type of litigation,” Kevin O’Brien, spokesman for state Attorney General Steve Bullock, said on Wednesday.


As a climate scientist, I can assure you this lawsuit is without foundation. But because the public delusion about climate change is so great and because the minds of many judges may be delusional as well, winning this lawsuit will not be easy. We must make a rock solid case … and we can.

Since our Attorney General is completely incapable of representing the interests of the citizens of Montana on this lawsuit, it will be necessary for private interests to defend Montana.

The private groups who wish to defend Montana must work together as a team. It will be self destructive to have more than one defense. We need good lawyers and good scientists to counter the pseudo-scientists associated with the Montana colleges, universities and eco-groups. I know exactly how to defend against the false science used by the plaintiffs.

First, a counter lawsuit must be leveled at the plaintiffs for damages far beyond legal fees. If the plaintiffs are successful, they will destroy the economy of Montana and America and do more damage to the next generation than they claim will be caused by our carbon dioxide emissions. The counter lawsuit must penetrate the non-profit institution and attach on each and every plaintiff individually. We must question the validity of their nonprofit status to file this lawsuit.

Second, the defense will show how the plaintiffs are using false science as the basis of their lawsuit. The statements by the MDEQ are not authoritative scientific statements. They are, frankly, statements made by the eco-freaks hired by the state. We will show their statements are invalid. For background, read Dr. Feynman’s article Cargo Cult Science for insight into how the climate change myth is based upon pseudo science.

Third, unless the plaintiffs can prove they can make scientifically valid predictions of future climate with and without changes in human carbon dioxide emissions, they have no valid basis for their lawsuit. It’s all hand waving. The defense will easily prove the plaintiffs cannot make a valid prediction. Therefore, the plaintiffs cannot prove there would be any benefit to their goal of restricting carbon dioxide emissions, while the defense will easily prove the plaintiff demands will cause great harm.

Overall, if the defense organizes and gets funded, they can easily win this case. The benefits to Montana and America will be great because we can eliminate the utter nonsense of the false religion of climate change once and for all.

Click here to download the lawsuit PDF. I will explain elsewhere how the basis of the claims in this lawsuit can easily be defeated. The claims are so bad, this lawsuit should be thrown out of court. However, I don’t think that will happen given the pre-disposal of the judges to “believing” in human-caused climate change.


  1. Folks,……We are under attack!
    If these tactics win even once, then another will follow, and another, and another.
    Cap and Trade, Obama Care, Excess in Washington, Higher Taxes.
    We are becoming a Third World Nation destryed from within!!

    We MUST stand up for our Freedom from an over reaching government, crushing policies to villify Business in our Country by this Administration, crippling Corporate Taxes that drive Buisneses to other Countries so they can compete in a Global Market, giving billions to other countries that we have to borrow and pay interest on.

    The EPA, NLRB, CARE, and too many other Agenda Driven Organizations are killing the ability to Prosper in the United States.

    We are becoming Europe!

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