I quoted John Bonine of the University of Oregon Law School to bring that light to the attention of others who care about clean energy but often pay too little attention to the legal theories that underly our ability to make it happen:
Professor Mary Wood's incredibly innovative legal theory about how to give a kick in the pants to the government to fight against climate change has been endorsed by the US District Court today….This is such a fine example of the link between the legal theories of law professors and practical implementation in courts. And even if it is later rejected by higher courts, it demonstrates the need and usefulness of new thinking in what will soon be a rather dark era.
What was the light in Juliana? The words of federal district court judge Anne Aiken, who resonantly cited the principles of the equal marriage case (Obergefell) to say:
The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights ... did not presume to know the extent of freedom in all its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning….Exercising my ‘reasoned judgment…I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society.
I thought that beautiful music, rich in reason and gratitude for the gift of the chance to manifest democracy.