Professional Documents
Culture Documents
17-1042 Climate Injunction December 30th 2016 Filing
17-1042 Climate Injunction December 30th 2016 Filing
Appellate 17-1042
DARRELL PRINCE,
Plaintiff,
vs.
UNITED STATES GOVERNMENT
1. FACTUAL BACKGROUND
1. The federal government of the United States of America, has been aware of a massive
threat to the Republic for nearly 40 years- dating back to the Nixon administration, there
were memos about losing cities. The observations, and theoretical framework have been
built upon since before the Civil War, by scientific founding fathers like Tyndale, Fourier,
and early 20th century Arrhenius(Nobel prize laureate)
2. CO2 levels have increased by 43% over the last 50 years- the US, just from oil, puts 15
billion pounds of CO2 into the atmosphere, every day. Methane has increased by similar
amounts, and is 86 times more powerful a greenhouse gas.
3. Global warming is, the heating of the Earth, because of fossil fuel burning, releasing
heat, and CO2, and methane, which act as insulation for the earth. It is the insulation due
to gases that allows temperatures on the earth to support life on it. Currently and for the
forseeable future because of the sheer scale- global warming is irreversible
4. Global warming is a man-made acknowledged threat, to the stability of life in the
United States, currently, by the US government, the President, EPA, NOAA, NASA,
DOE and DoD, as well as the UN, and every major scientific organization on the planet,
and the subject of remarkable consensus in the field of study of >90%
5. In the Northeastern United States, evidence of a clear and unmistakable shift have
occurred, in the form of two consecutive 60 degree Christmases, in the third consecutive
hottest global year on record.(NOAA)
6. There are several likely feedback loops, from albedo, to permafrost, methane
clathrates, that would make the rate of global warming increase exponentially faster- in
other words, the more it warms, the faster it would warm, because at a certain
temperature- more methane and CO2 than is currently in the atmosphere could be
released.(Clathrate Gun)
7. Nature estimates the potential threat at 60 trillion dollars
8. To date, there have been no scale significant expenditures to deal with this threat-other
than nuclear war, or internal strife, the only credible threat to US soverignity- for scale
size we would look to the Iraq War and subsequent Occupation- 100+ billion per year11.
BASIS FOR EMERGENCY RELIEF
IMMEDIATE INJUNCTIVE RELIEF IS APPROPRIATE
(1) Plaintiff claims have a substantial likelihood of success on merits because the role of
government in protecting natural resources, and the lives of the people (American
interests) is well established, the threat is nearly universally accepted by appropriate and
near appropriate scientific bodies. Similar to a satellite detection of foriegn troop ships
setting sail for America, the onus should be on Congress, and the President to
demonstrate why with such a dire threat to American prosperity, they would risk inaction.
(2) Plaintiff has no adequate remedy at law because no money damages are involved;
though money for corrective actions are sought if appropriate bodies cannot be compelled
to acknowledge and deal with a threat well established.
(3) Irreparable harm will occur unless immediate injunctive relief is granted; all
emissions at present time must be considered irreversible. We cannot know the tipping
point for runaway change occurs- much like radiation sickness, by the time the symptoms
make you sick, you are likely already dead but still walking. Currently the trend is clear,
that warming is happening is clear.
(4) The relief will serve the public interest; long term societal stability is obviously in the
public interest. In addition- the rapid deployment of energy resources, upgrade and the
necessary retrofits to every single American structure, would act to bring millions of non-
outsourceable jobs to every town, city, state in the United States, and primarily the sorts
of hands on work that is currently the cause of low workforce participation rate.
Darrell Prince
(347)286-8248
Prince.darrell@gmail.com