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Title: Wake judge rules against teen facing off against NC on climate change
Source: News and Observer
URL Source: http://www.newsobserver.com/news/po ... -politics/article46795925.html
Published: Nov 28, 2015
Author: Anne Blythe
Post Date: 2015-11-28 20:49:26 by cranky
Keywords: None
Views: 403
Comments: 5

From left, Mark Turner, (background) father of Hallie Turner, attorneys Gayle Tuch and Ryke Longest, 13 year old plaintiff Hallie Turner and Turner's mom, Kelly Turner and attorney Shannon Arata stand before Wake Judge Michael Morgan in Wake County Civil Courtroom 5C November 13, 2015 on a motion to force the state of North Carolina to reduce greenhouse gas emissions. Hallie Turner, 13, is an 8th grader at Raleigh's Ligon Middle School.

Hallie Turner, the 13-year-old girl who took North Carolina to court over climate change, received disappointing news the day before Thanksgiving.

A Wake County Superior Court judge ruled against her effort to overturn a December 2014 decision by the N.C. Environmental Management Commission.

But with the pluck of a teen wise beyond her years, Hallie said Friday the ruling from Judge Mike Morgan had not deterred her.

“It’s an issue that I’m always going to continue trying to make a difference in,” Hallie said during a phone interview. “There’s lots of next steps that can be taken.”

Hallie, an eighth-grader at Ligon Middle School who has been marching and rallying against global warming since the 4th grade, is one of a number of teens taking their states and politicians to court over climate change.

With the help of lawyers from Our Children’s Trust, an Oregon-based climate change non-profit, attorneys from Duke University’s Environmental Law and Policy Clinic, and Gayle Goldsmith Tuch, a Forsyth County lawyer, Hallie petitioned the state Environmental Management Commission to adopt rules that would reduce greenhouse gases. Commission members are appointed by the governor and leaders of the N.C. Senate and House of Representatives.

In her petition almost a year ago to the 15 members of the commission, Hallie asked for a rule that would require North Carolina to reduce its carbon dioxide emissions by at least 4 percent annually.

The commissioners never got to the crux of her request, which included scientific data and more to support her theory for why the state should curb greenhouse gas emissions. Commissioner Benne Hutson rejected Hallie’s petition because he said it was incomplete. He also added that North Carolina law prohibited environmental agencies from enacting state laws stricter than federal law.

Earlier this month, the commission adopted a proposal from the state Department of Environmental Quality that is much less stringent than what was suggested by Hallie and the attorneys who helped her draft her petition.

After waiving the routine 30-day comment period, the commission adopted a rule to reduce greenhouse gas emissions at Duke Energy power plants by 0.4 percent. A strategy put forward by the U.S. Environmental Protection Agency would require a 12-percent reduction by 2030.

Tuch, one of Hallie’s lawyers, said Friday she did not know why Morgan ruled against her. Morgan has not yet issued his formal order. It is expected in couple of weeks.

As the state gears up for an expected legal battle over the greenhouse gas emissions strategy adopted earlier this month, Hallie and her legal team are thinking about next steps in their case.

Several options are under consideration, including an appeal of Morgan’s ruling or taking a different petition to the Environmental Management Commission that might clear the hurdle as complete and something the 15 members could put out for public review.

Hallie said the judicial process has been educational. “It’s connected to so many things that I’ve been learning at school in social studies,” she said.

Hallie’s parents have learned a lot, too. When numerous media outlets shared news about the Wake County court hearing earlier this month, the Turners were amazed by some of the negative comments posted on the sites. Commenters who challenged the idea of global warming accused the adults supporting Hallie of exploitation. Some directed derogatory comments at the teen, too.

“My reaction was just a bit of astonishment that people were that trivial and bitter,” said Kelly Turner, Hallie’s mother.

Mark Turner, a regular blogger on city issues and more, singled out some of the comments on a post he wrote about the experience.

Hallie brushed off the downside to her activism. She maintains that she was not pushed into filing the petition or lawsuit. The adults who have been beside her are mentors and supporters, but the impetus is her own, she said.

“The comments don’t really bother me,” she said. What troubled her, Hallie said, were the commenters who questioned scientific data that she contends bolster her push for change.

Hallie encouraged people disappointed in Morgan’s ruling to turn out for a Dec. 17 hearing at the Archdale Building in Raleigh. The hearing is to get feedback on the energy strategy adopted earlier this month by the Environmental Management Commission.

“Climate change is too urgent for any of us to sit quietly while the state fails to take significant action,” Hallie said. (1 image)

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#1. To: cranky (#0)

with the pluck of a teen wise beyond her years, Hallie said Friday the ruling from Judge Mike Morgan had not deterred her.

Wise beyond her years, or susceptable to being coached by terrifying propaganda. In ten years, self impressed by her importance to the world, she'll be running for president!

rlk  posted on  2015-11-28   21:19:52 ET  Reply   Trace   Private Reply  


#2. To: cranky (#0) (Edited)

It’s an issue that I’m always going to continue trying to make a difference in

I would have thought there were more important issues for a thirteen year old.

Climate Change policy is more important than a school project and yet this trivilises the debate and the debate must be about facts not emotive actions. The fact is a reduction of 4% won't make any difference to overall emissions, even cumulative reductions of 4% would be overtaken by other initiatives, the federal regulators are capable of making the rules based on facts and science taking into consideration other importants factors. why should a teen ager be allowed to waste the time of the court litigating against authority

paraclete  posted on  2015-11-28   22:18:18 ET  Reply   Trace   Private Reply  


#3. To: cranky (#0)

Earlier this month, the commission adopted a proposal from the state Department of Environmental Quality that is much less stringent than what was suggested by Hallie and the attorneys who helped her draft her petition.

After waiving the routine 30-day comment period, the commission adopted a rule to reduce greenhouse gas emissions at Duke Energy power plants by 0.4 percent. A strategy put forward by the U.S. Environmental Protection Agency would require a 12-percent reduction by 2030.

http://ourchildrenstrust.org/sites/default/files/2014.12.05NCPetitionforRuleMaking.pdf

Hallie Turner, Petition for Rulemaking, 5 Dec 2014

http://ourchildrenstrust.org/sites/default/files/PetitionforJudicialReview2.23.15.pdf

Hallie Turner, Petition seeking judicial review of a denial of her Petition for Rulemaking for Promulgation of a Rule Based on the Best Available Climate Science to Limit North Carolina’s Carbon Dioxide Emissions (20 Feb 2015)

Appeal at 2:

Commissioner Hutson’s expressed opinion was that the EMC does not have statutory authority to promulgate potential, future rules he believes might be necessary to fully implement Petitioner’s proposed rule. It is the position of Petitioner that his determination is inconsistent with the requirements of the both the North Carolina Administrative Procedure Act (“APA”) and basic principles of law. Petitioner seeks judicial review of the Commissioner’s Decision on Completeness of Petition for Rulemaking (“The Decision”) and asks that the Court to reverse the Decision and Order the Commission to initiate rulemaking proceedings on the Petition.

I. FACTUAL AND PROCEDURAL BACKGROUND

1. Hallie Turner, by and through her Legal Guardian, Kelly Turner (Hallie’s mother), submitted a petition for rulemaking to the Environmental Management Commission (specifically to the Division of Air Quality) so that necessary rules can be drafted to reduce CO2 emissions in North Carolina. Her petition requests formal adoption of rules that would require North Carolina to reduce CO2 emission by at least four percent (4%) annually until 2050 to ensure that North Carolina adequately protects its natural resources for its citizens and future generations. (See Exhibit 1 - Petition for Rulemaking at pp. 2-3.)

Hallie Turner's attorney claimed "a mandatory and affirmative duty 'to control and limit the pollution of our air and water,'" cited to NC Const. Art. XIV § 5.

Petition at 2:

On her behalf, I submit this Petition for Rulemaking and supporting documents pursuant to and in accordance with N.C.G.S. § 150B-20 and 15A N.C.A.C. 02I.0501. North Carolina owes its citizens a mandatory and affirmative duty "to control and limit the pollution of our air and water" and to protect "in every other appropriate way to preserve as a part of the common heritage of this State its forests, wetlands, estuaries, beaches, historical sites, open lands, and places of beauty.2 __________

2. NC Const. Art. XIV § 5

A problem is finding any such "mandatory and affirmative duty" at the cited section of the North Carolina constitution. The citations to the North Carolina General Statutes and the North Carolina Administrative Code are only about filing a petition.

The North Carolina constitution states a policy of what shall be a proper function and to "to control and limit the pollution of our air and water," and what the government may do.

While it is a proper function of the state to control and limit pollution, a mandatory and affirmative duty to rules that make Hallie Turner happy, do not appear. The appropriate control and limiting is left to the discretion of the state.

http://www.ncga.state.nc.us/legislation/constitution/ncconstitution.html

NC Const. Art. XIV § 5

Sec. 5. Conservation of natural resources.

It shall be the policy of this State to conserve and protect its lands and waters for the benefit of all its citizenry, and to this end it shall be a proper function of the State of North Carolina and its political subdivisions to acquire and preserve park, recreational, and scenic areas, to control and limit the pollution of our air and water, to control excessive noise, and in every other appropriate way to preserve as a part of the common heritage of this State its forests, wetlands, estuaries, beaches, historical sites, openlands, and places of beauty.

To accomplish the aforementioned public purposes, the State and its counties, cities and towns, and other units of local government may acquire by purchase or gift properties or interests in properties which shall, upon their special dedication to and acceptance by a law enacted by a vote of three-fifths of the members of each house of the General Assembly for those public purposes, constitute part of the 'State Nature and Historic Preserve,' and which shall not be used for other purposes except as authorized by law enacted by a vote of three-fifths of the members of each house of the General Assembly. The General Assembly shall prescribe by general law the conditions and procedures under which such properties or interests therein shall be dedicated for the aforementioned public purposes. (1971, c. 630, s. 1; S.L. 1999-268, ss 3-5; S.L. 2001-217, s. 3; S.L. 2002-3 Extra Session.)

http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=150b-20

N.C.G.S. § 150B-20

§ 150B-20. Petitioning an agency to adopt a rule.

(a) Petition. - A person may petition an agency to adopt a rule by submitting to the agency a written rule-making petition requesting the adoption. A person may submit written comments with a rule-making petition. If a rule-making petition requests the agency to create or amend a rule, the person must submit the proposed text of the requested rule change and a statement of the effect of the requested rule change. Each agency must establish by rule the procedure for submitting a rule-making petition to it and the procedure the agency follows in considering a rule-making petition.

(b) Time. - An agency must grant or deny a rule-making petition submitted to it within 30 days after the date the rule-making petition is submitted, unless the agency is a board or commission. If the agency is a board or commission, it must grant or deny a rule-making petition within 120 days after the date the rule-making petition is submitted.

(c) Action. - If an agency denies a rule-making petition, it must send the person who submitted the petition a written statement of the reasons for denying the petition. If an agency grants a rule-making petition, it must inform the person who submitted the rule-making petition of its decision and must initiate rule-making proceedings. When an agency grants a rule-making petition, the notice of text it publishes in the North Carolina Register may state that the agency is initiating rule making as the result of a rule-making petition and state the name of the person who submitted the rule-making petition. If the rule-making petition requested the creation or amendment of a rule, the notice of text the agency publishes may set out the text of the requested rule change submitted with the rule-making petition and state whether the agency endorses the proposed text.

(d) Review. - Denial of a rule-making petition is a final agency decision and is subject to judicial review under Article 4 of this Chapter. Failure of an agency to grant or deny a rule-making petition within the time limits set in subsection (b) is a denial of the rule-making petition.

(e) Repealed by Session Laws 1996, Second Extra Session, c. 18, s. 7.10(b). (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 418, s. 1; c. 477, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 7.10(b); 1997-34, s. 2; 2003-229, s. 1.)

http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-%20environmental%20management/subchapter%20i/15a%20ncac%2002i%20.0501.pdf

15A N.C.A.C. 02I.0501

SECTION .0501 - PETITIONS FOR RULEMAKING

15A NCAC 02I .0501 FORM AND CONTENTS OF PETITION

[...]

CITED As the Best Available Science

http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0081648

http://www.plosone.org/article/fetchObject.action?uri=info:doi/10.1371/journal.pone.0081648&representation=PDF

Hansen J, Kharecha P, Sato M, Masson-Delmotte V, Ackerman F, Beerling DJ, et al. (2013) Assessing “Dangerous Climate Change”: Required Reduction of Carbon Emissions to Protect Young People, Future Generations and Nature. PLoS ONE 8(12): e81648. doi:10.1371/journal.pone.0081648

The "best available" scientific paper concludes:

A world summit on climate change will be held at United Nations Headquarters in September 2014 as a preliminary to negotiation of a new climate treaty in Paris in late 2015. If this treaty is analogous to the 1997 Kyoto Protocol [257], based on national targets for emission reductions and cap-and-trade-with offsets emissions trading mechanisms, climate deterioration and gross intergenerational injustice will be practically guaranteed. The palpable danger that such an approach is conceivable is suggested by examination of proposed climate policies of even the most forward-looking of nations. Norway, which along with the other Scandinavian countries has been among the most ambitious and successful of all nations in reducing its emissions, nevertheless approves expanded oil drilling in the Arctic and development of tar sands as a majority owner of Statoil [258–259]. Emissions foreseen by the Energy Perspectives of Statoil [259], if they occur, would approach or exceed 1000 GtC and cause dramatic climate change that would run out of control of future generations. If, in contrast, leading nations agree in 2015 to have internal rising fees on carbon with border duties on products from nations without a carbon fee, a foundation would be established for phaseover to carbon free energies and stable climate.

North Carolina could cap and tax itself into oblivion, but if the rest of the world is volunteering to join them, their 4% reduction per year for at least the next 35 years will accomplish next to nothing for the climate.

The paper was written in 2013. The Paris meeting in late 2015 is scheduled to start Monday.

nolu chan  posted on  2015-11-29   1:03:01 ET  Reply   Trace   Private Reply  


#4. To: cranky (#0)

Unless a teen has been emancipated, they should not be allowed to file lawsuits in any case other than their own welfare or interest.

Minors can be exploited. That is the purpose here with the hottists exploiting her and other teens around the country. The judges should squash these lawsuits and GOP state legislators should bar them from being filed.

Tooconservative  posted on  2015-11-29   5:07:24 ET  Reply   Trace   Private Reply  


#5. To: paraclete (#2)

I would have thought there were more important issues for a thirteen year old.

Exactly. Like sex, drugs and rock & roll.

buckeroo  posted on  2015-11-29   10:19:42 ET  Reply   Trace   Private Reply  


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