by Edwin X Berry, PhD, Theoretical Physics, CCM
DOE’s action to remove the Endangerment Finding is a good move. But If Trump uses the DOE team as expert witnesses to defend Lighthiser v Trump, he will lose LvT, which will overturn Trump’s EO’s on energy and climate, and return a new Endangerment Finding.
To defeat LvT, Trump must prove at least one of these assumptions is false:
- Human CO2 causes the CO2 increase.
- This CO2 increases causes global temperature to rise.
- Global warming causes bad stuff to happen.
ITrump must prove all, (1), (2), and (3) are false.
Winning all three points will give Trump climate freedom he needs to change America and the world.
But theDOE team will lose (1) and (2) because they AGREE with the plaintiffs that (1) and (2) are true. That’s taking two strikes before the final pitch. That’s Casey at the Bat.
The Plaintiff’s strongest case is on (3). That is their whole focus, their expertise. They have children as witnesses who will testify to the damage they suffer due to human CO2.
The plaintiffs’ expert trial attorneys and child witnesses did a very good job in winning Held v Montana. I watched every minute of the trial. Their achievement makes them a threat in a court that will have already ruled for the record that (1) and (2) are true. It will not be easy to prove (3) is false in court.
Lighthiser v Trump is a carbon copy of Held v Montana.
LvT uses the same trial attorneys, the same expert witnesses, and almost the same child plaintiffs as in Held v Montana. The only change was to substitute federal law for Montana law.
A representative of the World Economic Forum ordered Montana AG Knudsen to lose Held v Montana. I was there. I saw it happen. In fact, I was cental to this action. An assistant AG was about to sign me up to help Montana win, when the WEF Rep learned of this and called Knudsen and ordered Knudsen “get Berry the hell off Montana’s defense.”
Making sure Montana lost Held v Montana was WEF’s planned precedent to winning Lighthiser v Trump.
So, if you think WEF had a hand in picking Trump’s DOE team to remove the Endangerment Finding, you are damn right because that step may make them Trump’s experts to defend LvT.
Koonin was Obama’s DOE Under Secretary of Science.
Koonin is Trump’s enemy. He is WEF’s trojan horse. To hide his Obama connection, Koonin moved into the CO2 Coalition to get whitewashed so he would appear to be on Trump’s side of climate science.
[Note: The CO2 Coalition began attacking me professionally six years ago because my breakthrough research and publications prove human CO2 has a minor effect on the CO2 level in the atmosphere, which conflicts with the CO2 Coalition’s mantra that says human CO2 emissions have caused all the CO2 increase and thereby saved the planet. Therefore, I have the professional right to tell you the truth about the CO2 Coalition. The CO2 coalition puts business before scientific truth and honesty.
Trump’s mistake was to let DOE hire Steve Koonin. Koonin brings his Obama-connection into the outcome of Lighthiser v Trump.
Trump must choose an expert defense team that can prove (1) and (2) are false. All these scientists are on my expert witness team.
Koonin’s book (p 68) shows he incorrectly believes human CO2 causes all the CO2 increase. He wrote that human CO2 stays in the air for a thousand years, which would violate the climate equivalence principle. Even IPCC data shows 63% of CO2 flows out in 4 years, which my work shows is correct.
The DOE – Koonin climate team made this incorrect statement under their Fig. 3.1.3 (p 13):
“The annual increase in concentration is only about half of the CO2 emitted because land and ocean processes currently absorb “excess” CO2 at a rate approximately 50 percent of the human emissions. Future concentrations, and hence future human influences on the climate, therefore, depend upon two components: (1) future rates of global human CO2 emissions, and (2) how fast the land and ocean remove extra CO2 from the atmosphere. We discuss each of these in turn.”
The CO2 Coalition team thinks they can defeat LvT by arguing that warming is good. While that is valid, that position will lose LvT.
The CO2 Coalition cannot defeat LvT because it claims (1) and (2) are true.
For the past month, edberry.com hosted an open debate on the CO2 Coalition’s special report that claims human CO2 causes all the CO2 increase. The first author of this report has done his best to defend it. He made it clear that Lindzen and Happer agree with him. The CO2 Coalition’s position is junk science.
The CCM after my name above shows that I take winning lawsuits as serious as I take winning sailing championships. I have a prefect win record as an expert witness. I led the successful multi-expert defense of a high-profile murder trial brought by the California AG.
It is urgent that Trump or another defendant agency start a new defense now. It will take months to put together a solid defense.