Most courts have generally avoided telling the administrative and legislative branches what to do about ‘climate change’, saying that it is the responsibility of those branches, usually the legislative, rather than court imposed solutions. Because they aren’t there to make policy. But, this top French court is demanding that France Do Something
Top court gives French government nine months to act on climate change
France’s highest administrative council on Thursday told the government to act now against climate change to ensure it meets comments on reducing greenhouse gas emissions, or else it could face potential fines.
The Conseil d’Etat, which acts as a legal adviser to the executive and as the supreme court for administrative justice, last November, gave the government three months to show it was enacting climate policies that make attainable a target of reducing greenhouse gases by 40% of their 1990 levels by 2030.
Nearly eight months later, it said that target still looked unattainable unless new measures were taken swiftly.
“The Conseil d’État therefore instructs the government to take additional measures between now and March 31, 2022, to hit the target,” the council said.
A spokesperson for the council said it would assess the state’s actions after the deadline and could issue a fine if measures fell short of what was necessary.
So the government will fine the government if the government fails to take action? What actions does the court recommend?
The Conseil d’Etat’s stance has raised questions about credentials of President Emmanuel Macron as a champion of fighting climate change ad affirms the binding nature of greenhouse gas reduction targets contained in legislation.
It didn’t. It waded heavily into politics, though. No measures were suggested or recommended. One thing the government could do would be to remove the air conditioning and heat for the offices of the court. Disallow the use of fossil fuels for the court’s business and declare employees of the court can no longer own a fossil fueled vehicle and are not allowed to take fossil fueled flights. No meat on court property. Sounds fair, right?
Greenpeace France hailed what it called “a clear ultimatum issued in the face of the government’s inaction over climate change.”
Should a court be declaring an ultimatum that could significantly increase the cost of living while reducing their freedom, liberty, and choice, in a nation that has already implemented lots of measures that have already done the same?
Another egregious example of the political left legislating from the bench.
Thank heaven it can’t happen here?