The last Earth Day

by Ed Berry, PhD, Theoretical Physics, CCM

But for Montana’s far-right, April 22, 2022, would have been the last Earth Day that assumes human carbon dioxide causes dangerous climate change.

Montana’s far-right “hate voters” are now losing a climate change lawsuit that will cost Montana a billion dollars per year thereafter.

Our Children’s Trust (OCT) of Oregon uses children as plaintiffs in climate change lawsuits. OCT has pending state actions in Alaska, Florida, Montana, North Carolina, Utah, Virginia, and Washington and is working to file similar lawsuits in all 50 states.

The first active OCT lawsuit, Held v. State of Montana, will begin on February 6, 2023. Montana’s Attorney General Austin Knudson is preparing to strongly defend Montana.

OCT filed a climate change petition in Montana’s Supreme Court in May 2011, claiming they took their case to the state Supreme Court because a climatological tipping point was imminent. Now, eleven years later, no tipping point has occurred.

The court rejected OCT’s 2011 petition because I organized a public intervention to OCT’s petition. Among the intervenors were many Montana elected officials, including Matt Rosendale who is now Montana’s US Congressman.

Montana’s Supreme Court rejected OCT’s 2011 petition ruling,

“If they cannot prove a connection between eliminating Montana’s minute carbon emissions, and reducing the pace of global climate change, then public trust doctrine cannot, even under their own flawed legal theory, apply.”

OCT’s 2022 lawsuit thinks it is still 2012 and lists former governor Steve Bullock as a defendant.

The significance

Held v. State of Montana may go down as the most significant climate-change trial in history because it will influence every subsequent climate trial around the world.

If the plaintiffs win, they will put Montana’s economy in reverse. Energy costs will go up, state income taxes will go up, education quality will go down, and the IQs of Montana’s children will go down as the schools brainwash their malleable young minds to believe junk physics.

The plaintiffs want all Montana’s electricity, transportation, heating, cooling, and industrial production to run on 100% renewable energy by 2050.

This is ridiculous, of course, because producing and installing wind machines emits more carbon than the machines will save during their lifetime. And killing thousands of predatory birds is not “caring for the environment.”

The carbon fuels that they want to eliminate are the most efficient and cost-effective energy source we have, and we have it in abundance in Montana and the Bakken.

They don’t want Montanans to have small nuclear-powered stations that will be available by 2025 to provide abundant low-cost energy.

The argument

Thanks to the plaintiffs and their attorneys, this trial will force the alarmist scientists to face their scientific opposition, which they have so far avoided.

The plaintiffs must prove carbon fuels are the dominant cause of their listed harmful weather and climate events.

The defense must prove this plaintiffs’ theory is wrong.

I read all hundred pages of the OCT lawsuit. They present their scientific case in about 20 pages.

They have not improved their science since 2011 while scientists on my side have made significant improvements. We are going to destroy the dark side in this lawsuit.

My easy-to-read book, Climate Miracle, is about how to win climate debates and will give you some insight into how Montana will win this lawsuit.

Conclusions

Climate alarmism is a political war and truth is the first casualty of a war. They reject climate truth to achieve their political goals.

The plaintiffs use fear to sell climate fiction. Montana’s defense will show the truth about climate change, and this truth will change the world.

Climate fiction will make us slaves. Climate truth will make us free.

They started it. Montana’s ‘gonna’ finish it.

21 Comments

  1. I am a retired trial lawyer. Because of my legal training I became a fervent critic of global warming theory. The part of trials I enjoyed the most was cross-examining the expert witnesses my opponents put up to testify.

    When I encountered AGW I was uncertain what to believe because the authorities were in such conflict. So, I endeavored to read the evidence as I would if preparing for trial. I read all I could find on both sides. I gradually came to the conclusion that AGW theory was poorly supported, contrary to fundamental scientific principles and promoted by those who revealed significant conflicts of interest.

    I felt that no promoter of AGW could survive cross-examination at trial when they would be testifying under oath with the attendant penalties for perjury and would be compelled to answer all questions put to them.

    The Montana trial could be an event of major historical consequence.

    Best wishes to all.

  2. With the unfolding economic and political consequences from EU constraints on fossil fuel production and power generation plus the emerging limitations of renewable energy, there is a growing recognition that trying to achieve Net Zero using wind and solar power is not just impossible. It is set to become a self-inflicted disaster on the level of another World War.

    Unfortunately, the reluctance of businesses to be among the first to break from the herd mentality is understandable in view of the denigration, threats and retaliation provoked by any public dissent from the climate alarmist narrative. However, there is also a rising discontent with the personal costs, restrictions, and demands being imposed along with the increasingly obvious exaggerations and outright lies being employed to promote the climate alarm.

    The most likely businesses to begin to challenge all this and to point out the consequences of where we are heading would seem to be the energy, resource, and agricultural industries who at this stage are among the most heavily impacted by the ESG witch hunt despite their being essential to the ongoing vitality of the entire civilization.

    It would be an immense benefit if a succinct white paper could be made available setting out the most telling and defensible of key points refuting the core claims of the alarmist dogma and accompany this with a similar listing of the most critical limitations, costs, and uncertainties of wind and solar power in contrast to the major advantages and certainties of nuclear power, especially Small Modular Reactors.

  3. Hello. I can’t wait for this trial to unfold. The last one was a joy to watch because of how you, Dr. Berry, and your competent, courageous friends defeated them in that trial.

    Those leftists have deep pockets and can be seen metaphorically as the all-powerful evil elite – Goliath, Darth Veder, etc., and the latest version of totalitarian obsession.

    I’m available to help in any way that I can. Thank you, Dr. Ed, for all that you do and have done. And will continue to do!!

    I’m with you 1000 percent and will do my best to spread the word leading up to this trial.

    Peter MacLachlan. My contact info: 309 11th St, apt 104A, Stevensville, 59870

    1. Ed, “…killing thousands of “predatory” birds” should probably be “migratory birds”. Just noticed that. Otherwise, you’re perfect! Am I right? Thanks from Pete

  4. I find it interesting that a recent archeological discovery in the Siberian Arctic has a bearing on the climate change alarmism from a completely different angle. A site was recently (2021) reported about on the island of Kotelny 615 miles north of the Arctic circle. While sea levels were lower than they are now, one article states that the climate was milder than it is now. My understanding of this is that remnants of a forest were found with the excavation. So the climate was warmer than it is currently some time in the last 20,000 years. That seems to suggest that the current warming is not unprecedented. Keep up the good work.

  5. Ed,
    This is good news, I despair at getting anyone who can make a difference (All Western Politicians) listen and realise they are opening Pandora’s box if they let the green machine win?

    I have suggested a court case where a Red – Blue debate could happen, but nobody has funds to do this. Now, OCT are doing it for us.

    What can you tell me about Knudson’s defence, his witnesses etc;
    I presume you might be involved?

    The court’s 2011 judgement may be where Knudson should focus? and it will surely still apply?

    “If they cannot prove a connection between eliminating Montana’s minute carbon emissions, and reducing the pace of global climate change, then public trust doctrine cannot, even under their own flawed legal theory, apply.”.

    Might it be useful to build an international team?

    I shall do my best to spread this story

  6. Sincerely hope you’re correct Ed., & I share the frustration of others commenting here about the lack of scientific rigor given to resolving the key issue at stake here ie the claim that CO2 is a pollutant & primary driver of so called ‘global warming’ aka, now ‘climate change’. I & many other Climate Realists from ‘Down Under’ are long term followers of your continuing efforts to bring this claimed ‘climate calamity’ (insanity) to a head & kill it off once & for all.
    I do hope you have as much scientific support as necessary (eg; Prof William Happer, Prof Richard Lindzen and others with like credentials?) to help put this flawed hypothesis where it rightfully belongs – in the nearest trash can.

  7. Is there a need for funding the defence? If so where can I contribute?

    Good luck with the case. A ‘win’ for us ‘skeptics’ would be great.

  8. You wrote:

    April 22, 2022, will be the last Earth Day that assumes human carbon dioxide causes dangerous climate change because next year a Montana climate lawsuit will prove this assumption is false and change the world.

    From your mouth to God’s ears….

    Our Children’s Trust (OCT) of Oregon uses children as plaintiffs in climate change lawsuits. OCT has pending state actions in Alaska, Florida, Montana, North Carolina, Utah, Virginia, and Washington and is working to file similar lawsuits in all 50 states.

    I volunteer to start the ball rolling here in Texas… Let me know what I can do to help….

    a.t.

  9. Dear Ed,

    Thanks for your above report that includes,
    “Our Children’s Trust (OCT) of Oregon uses children as plaintiffs in climate change lawsuits. OCT has pending state actions in Alaska, Florida, Montana, North Carolina, Utah, Virginia, and Washington and is working to file similar lawsuits in all 50 states.

    OCT filed a climate petition in Montana’s Supreme Court in May 2011, claiming they took their case to the state Supreme Court because a climatological tipping point was imminent. Now, eleven years later, no tipping point has occurred.”

    I write to support your information by informing your readers of similar evidence from before 2011.

    I refer to this item from 2008
    https://www.allaboutenergy.net/337-environment/man-made-global-warming-skeptical-of-serious-anthropogenic-global-warming/europe/1677-letter-to-senator-james-inhofe-about-relying-on-ipcc?fbclid=IwAR1dpAIduK3qU-69sxfDYd_5k8bmA1Omm9_ShIowpLnQ6GFAR4bw7vcr3LU
    It is a poorly formatted copy (Americans use strange paper size) of my reply to a request to me for information on climate change from US Senator James Inhoffe, Chair of the US Senate Committee on Environment and Public Works, that I provided in 2008. The Senator reported it in the US Senate.

    No information requiring any alteration to that letter has subsequently been found (but additional supporting evidence for its contents has been found). This demonstrates
    (a) there is stasis in climate science,
    and
    (b) there was no imminent climate crisis in 2008 and there is no reason to think such an imminent crisis has developed since then.

    Richard

  10. I have a good omen for you on this DATE 22 April .
    I was engaged to my beautiful wife on this date, I proposed on my knee at the Victoria falls at Devils Cataract in Rhodesia now Zimbabwe. Some greenie said it had dried up at one time.
    They were wrong.
    I pray the case is won for true believers that human created climate change is complete rubbish once and for ever.
    We are too https://edberry.com/blog/climate/climate-law/the-last-earth-day/ to compete against God created nature.
    Best wishes Dr Ed to you and Montana

  11. I wish I could share your optimism Dr. Ed, but I no longer have faith in our judicial system due to its being corrupted by activist judges.

    1. Judges, trying to agree with OTC have another escape hatch. They can truthfully state they are not science literate themselves and therefore must accept the “preponderance of PhD educated environmental scientists who have published a trove of articles “proving CO2 from fossil fuels causes the current and dangerous global warming”.
      They can also accept the “logic, that CO2 has never been so high and therefore, data from years prior to their graphs are irrelevant”!

      “Two heads are thicker than one”. We need to work together.
      I have stumbled onto the cause of the warming which actually occurred after 1980. My book “POLAR BEARS IN THE HOT TUB” contains evidence proving CO2 has had no influence, ever, in ice ages or warming periods. An expanded book I am writing will explain why there was warming.

  12. You should check out the Roman Warming period….lasting from 250 ad to 400 ad…far warmer than recorded history when CO2 was not a player…the medieval warming period from 900 to 1300 ad.
    That is a prime exhibit amongst others….how can that be explained with no man causation possible and how might it apply

  13. Watch what they do. not what they say. Why is the government collaborating with the Lightbridge Corporation and the Idaho National Lab with grants for the development of new fuel for the modular nuclear reactors? They know the green alternative energy fiasco is nonsense. It’s simply part of their power and control obsession. Nuclear is the way to go!

  14. The Greens will not go down without a fight. When I commented on line that 7 billion humans take in oxygen and exhale CO2 to the atmosphere, they hacked into my computer and destroyed it. I had long claimed that AGW is based on fraud, but I did not go beyond F.J. Singers work . The response to my comment on exhaled CO2 tells me that they are very dangerous and I have no protection. For that reason I have decided to provide you with info that will help in court. The most helpful info can be found in a paper published by The NYT in their magazine section on June 1, 2018 titled “losing Earth; The decade we almost stopped climate change. A tragedy in two acts.” By Nathaniel Rich. The paper goes all the way back to the 60’s when they were making the same climate change claims. And strange as it may be, that was a time when nuclear power was the wave of the future. If you cannot get a copy of the NYT paper, I can make you a copy.

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.