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Texas Judge Rules Atmosphere, Air is Public Trust

Posted byHoumanitarian

(Ramit Plushnick-Masti, Associated Press)
A Texas judge has ruled that the atmosphere and air must be protected for public use, just like water, which could help attorneys tasked with arguing climate change lawsuits designed to force states to cut emissions.

The written ruling, issued in a letter Monday by Texas District Court Judge Gisela Triana (Houston), shot down arguments by the Texas Commission on Environmental Quality that only water is a “public trust,” a doctrine that dates to the Roman Empire stating a government must protect certain resources — usually water, sometimes wildlife — for the common good.

Adam Abrams, one of the attorneys arguing the case against TCEQ, said Triana’s ruling could be used as a persuasive argument in lawsuits pending in 11 other states.

In Texas, though, a ruling to protect air and the atmosphere has added significance. Republican Gov. Rick Perry is one of the most vocal opponents against widely accepted scientific research that fossil fuel emissions are causing global warming. And the state has refused to regulate greenhouse gases, forcing the U.S. Environmental Protection Agency to work directly with industries to ensure they comply with federal law.

“The commission’s conclusion that the public trust doctrine is exclusively limited to the conservation of water is legally invalid,” Triana wrote.
(Read more at the Houston Chronicle)

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