Tuesday - June 03, 2008
All your air are belong to us
Remember the Fairness Doctrine? The one that the libtards in and out of Washington want to resurrect? The theory behind the Fairness Doctrine is:
Source: Wikipedia. The airwaves are held, by government, in trust for the public.radio stations could be regulated in this way due to the limited spectrum of the public airwaves.
It was, in other words, a government-created scarcity that justified government regulation. Much like the government-created gasoline scarcities under Nixon and Carter.
Now a whacko Goremon named Mary Wood is asserting that the air is held in trust by the government.
University of Oregon law professor Mary Wood is tired of waiting for government officials to take action on global warming. So she’s devised a new legal tool to hurry them up.
Drawing on her background in both natural resources and property law, Wood has developed a theory that claims the atmosphere is an asset that belongs to all but is held in trust by the government. The government has a legal obligation to protect that trust from harm, she argues, just as financial managers have a legal obligation to protect the monetary assets in their care.
I’m sure that BMEWS readers have figured where this is going…
“The main problem with climate is that no government is taking responsibility for it and our government is sitting idle while this catastrophe is unfolding,” Wood said.
“There’s no other body of law that requires the government to act. But a trustee has to act to protect the body of the trust.”
Yep. And the laws are already on the books. No need to debate!
From theory to practice
Greg Costello is one of the public interest attorneys evaluating Wood’s proposal as the basis for potential lawsuits. He thinks it could be a successful legal strategy because it’s grounded in a widely accepted principle of common law.
“Public trust doctrine is a doctrine everybody learns in law school. It goes back to Roman times,” said Costello, executive director of the Eugene-based Western Environmental Law Center.
“It’s a theory that seems well-suited and perhaps ideal when you’re talking about who owns the atmosphere.”
Be afraid. Be very afraid. 
Dick: The first thing we do, let’s kill all the lawyers and environmentalists.
Cade: Nay, that I mean to do.
* William Shakespeare, Henry the Sixth, Part II
HT: Neal’s Nuze
cross-posted at my blog Something’s Rotten
Posted by Christopher
on 06/03/2008 at 10:13 PM
Filed Under: • Climate-Weather • Colleges-Professors • Government • Insanity • Lawyers • Liberals • Nanny State • Outrageous • Scary Stuff • Stoopid-People •
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