Six Young People Take 32 Countries To Court Over Climate Change 219
An anonymous reader quotes a report from the BBC: What I felt was fear," says Claudia Duarte Agostinho as she remembers the extreme heatwave and fires that ripped through Portugal in 2017 and killed more than 100 people. "The wildfires made me really anxious about what sort of future I would have." Claudia, 24, her brother Martim, 20, and her sister Mariana, 11, are among six young Portuguese people who have filed a lawsuit against 32 governments, including all EU member states, the UK, Norway, Russia, Switzerland and Turkey. They accuse the countries of insufficient action over climate change and failing to reduce their greenhouse gas emissions enough to hit the Paris Agreement target of limiting global warming to 1.5C. The case is the first of its kind to be filed at the European Court of Human Rights (ECHR) in Strasbourg. If it is successful, it could have legally-binding consequences for the governments involved. The first hearing in the case is being held on Wednesday.
Aged from 11 to 24, the six claimants argue that the forest fires that have occurred in Portugal each year since 2017 are a direct result of global warming. They claim that their fundamental human rights -- including the right to life, privacy, family life and to be free from discrimination -- are being violated due to governments' reluctance to fight climate change. They say they have already been experiencing significant impacts, especially because of extreme temperatures in Portugal forcing them to spend time indoors and restricting their ability to sleep, concentrate or exercise. Some also suffer from eco-anxiety, allergies and respiratory conditions including asthma. None of the young applicants is seeking financial compensation.
Lawyers representing the six young claimants are expected to argue in court that the 32 governments' current policies are putting the world on course for 3C of global warming by the end of the century. [...] In separate and joint responses to the case, the governments argue that the claimants have not sufficiently established that they have suffered as a direct consequence of climate change or the Portuguese wildfires. They claim there is no evidence to show climate change poses an immediate risk to human life or health, and also argue that climate policy is beyond the scope of the European Court of Human Rights jurisdiction. "These six young people from Portugal, who are ordinary individuals concerned about their future, will be facing 32 legal teams, hundreds of lawyers representing governments whose inaction is already harming them," says Gearoid O Cuinn, director of Global Legal Action Network (GLAN).
"So this is a real David vs Goliath case that is seeking a structural change to put us on a much better track in terms of our future."
Aged from 11 to 24, the six claimants argue that the forest fires that have occurred in Portugal each year since 2017 are a direct result of global warming. They claim that their fundamental human rights -- including the right to life, privacy, family life and to be free from discrimination -- are being violated due to governments' reluctance to fight climate change. They say they have already been experiencing significant impacts, especially because of extreme temperatures in Portugal forcing them to spend time indoors and restricting their ability to sleep, concentrate or exercise. Some also suffer from eco-anxiety, allergies and respiratory conditions including asthma. None of the young applicants is seeking financial compensation.
Lawyers representing the six young claimants are expected to argue in court that the 32 governments' current policies are putting the world on course for 3C of global warming by the end of the century. [...] In separate and joint responses to the case, the governments argue that the claimants have not sufficiently established that they have suffered as a direct consequence of climate change or the Portuguese wildfires. They claim there is no evidence to show climate change poses an immediate risk to human life or health, and also argue that climate policy is beyond the scope of the European Court of Human Rights jurisdiction. "These six young people from Portugal, who are ordinary individuals concerned about their future, will be facing 32 legal teams, hundreds of lawyers representing governments whose inaction is already harming them," says Gearoid O Cuinn, director of Global Legal Action Network (GLAN).
"So this is a real David vs Goliath case that is seeking a structural change to put us on a much better track in terms of our future."
Wow (Score:2)
What I felt was fear,"
Fear. That's very clearly an actionable reason to go to court.
I think I would be quasi-militant. (Score:3, Interesting)
The stuff we're discussing right now on the eco-turnaround / man-made climate change front was already a solid issue when I was a teenager. I admire the youngster doing this lawsuit - which they will win - but I'm skeptical of the real impact it will have. The German government already is breaking their own laws in order to continue to act as if we have time left and most of my somewhat dimwitt fellow German citizens want to continue spending 4.5 billion man-hours in traffic jams in cars that are getting bigger, heavier and even more wasteful to this day and complain about a few dozen teenies glueing themselves to roads rather than finally taking on some accountability and changing things.
It's quite frustrating. I think I'd be more militant as a young activist. Modern civilization is at stake and we still have too many shortsighted idiots calling the shots. And I'm losing my patience.
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I admire the youngster doing this lawsuit - which they will win
They're not going to win.
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Unemployment is a life-changing condition. Poverty is ugly.
If only people would realize that AGW fucking everything up will cause more poverty and starvation, maybe they would get their priorities in order.
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Hypothetical: you're king for a day and can change literally anything you want... go!
What does the world look like in your utopia?
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For a day? The most you could hope to accomplish would be some kind of minor purge of the billionaire and executive classes. Problems created over generations can't be solved in a day. That's only enough time to push the nuclear reset button.
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It's a hypothetical. You get to rework the world how you see fit.
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It took us thousands of years of civilization to get most of the way here, and it took us hundreds of years of industrialization to get the rest. The more modern the society the more it's been built around unsustainable waste and destruction, but most human societies have historically used up their natural resources to their detriment with practices they could literally see were causing harm.
But if you were going to make the world a better place, you'd stop focusing on profit for a privileged few, and start
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”But if you were going to make the world a better place, you'd stop focusing on profit for a privileged few, and start intently revising systems to be less wasteful and polluting. You'd stop discarding valuable resources in ways that cause damage. You'd aim for efficiency and quality of life instead of ever-larger numbers of humans. But above all, you'd put your energy into understanding and maintaining your life support system, because everything else is meaningless without it."
Agreed. The problem i
Eco-Balance priced into everything. (Score:2)
I would decree that for everyone on this entire planet by 2030 every eco-balance on every product purchased and every service offered the eco-balance is priced in as a tax. The eco balance for the top 30-40 areas of industry would be determined by an international independent board of experts and continuously revised based on current data.
This would basically more or less solve all our resource and eco-problems over night.
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Do you expect the same levels of economic activity or is the intent of the tax to lower economic activity?
Where do those tax payments go?
Re: Eco-Balance priced into everything. (Score:2)
We'd have to do this incrementally in order for the economy to adjust. Wasteful luxury items such as throw-away electronics with glued in batteries (such as iPhones), SUVs, private jets and so forth would get the 100% eco balance tax right away plus perhaps some luxury tax on top, the rest of goods and services would have their tax incrementally added in 20% steps or so every odd quarter. Roughly speaking. Heavily influenced critical services would get subsidized or supported by government with more leeway
You won (Score:2)
Now try to collect.
{o.o}
Well... (Score:2, Interesting)
All or none... (Score:2)
The current systems of government simply aren't suited to any kind of mass change like this.
Altering national policy to reduce pollutants on a mass scale is extremely expensive, and will have a significant effect on a nation's economy as well as reducing quality of life for the vast majority of its citizens.
Meanwhile other countries that don't make such changes will see improvements, the amount of pollution they produce will also increase and offset many of the reductions from other countries.
The citizens o
The case (Score:4, Insightful)
"My feelings of fear should trump your right to self determination and ability to create laws."
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In fact the only reason they can bring this case is because governments created laws allowing it.
For example, the UK's legally binding commitment to reach net zero by 2050 allows people to sue the government if they can demonstrate that the government isn't making sufficient progress towards that goal. It also confirms that the government understands and accepts that climate change is a serious problem, giving them grounds to sue if they can show that the 2050 goal is inadequate to prevent them experiencing
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You could at least do some basic research before going off on an unhinged rant.
As it happens, the current UK government has been talking about withdrawing from the ECHR for a few years now, and may make it a manifesto pledge in next year's election. Democracy is alive and well, or at least as well as it ever was in the UK with it's joke of a system.
Did they say anything nice about nuclear power? (Score:2)
The IPCC tells us we will not get to net zero carbon emissions without nuclear fission for energy, Are these children on board with that in any way.?
The more nuclear power for electricity means less demand for coal and oil. That extra might go to travel by land and air. But if natural gas is so cheap then that might mean more people driving with natural gas cars. Hybrid cars will likely be the norm before too long. Nuclear powered civilian ships coming soon,
Industrial coal use should soon become no longe
Wrong defendents (Score:3)
Haha. They need to be suing God. Er, I mean Allah.
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They should also sue over cancer (Score:2)
Re:Nah (Score:5, Insightful)
"These six young people from Portugal, who are ordinary individuals concerned about their future, will be facing 32 legal teams, hundreds of lawyers representing governments whose inaction is already harming them," says Gearoid O Cuinn, director of Global Legal Action Network (GLAN).
I doubt they will be facing 32 legal teams with hundreds of lawyers. Most of the governments listed are simply going to ignore them. If any one takes them serous I'll be impressed.
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Most of the governments listed are simply going to ignore them. If any one takes them serous I'll be impressed.
Not sending anyone to court doesn't work in your favour. They won't be ignored. The governments won't be concerned, at least until they can prove standing. Several countries have already lost legal battles over climate change. The success of using the courts is the reason this is so in vogue right now.
You say ignored, I say some countries like The Netherlands have fought suits like this all the way to their supreme courts.
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Most of them can't ignore it. All EU members, Norway, Turkey, and the UK are members of the European Convention on Human Rights. The European Court of Human Rights (which confusing has the same acronym as the Convention) oversees adherence to that act, and their decisions are legally binding on all states that are signed up to it.
The only country that can ignore it is Russia, but even they would be affected by a judgement against them. It would mean that all the other countries would have to consider Russia
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It is embarrassing to watch activists use children as their pawns.
One person is 11, that doesn't mean children are used as pawns, that means a family is filing suit together and the very much adults that you are attempting to strip of their agency are being joined by their sister. On their behalf fuck off. But not on behalf of the 11 year old, because unlike you I think she could speak for herself.
Re:Nah (Score:5, Insightful)
The adults shame themselves by being stupid enough to sue countries that aren't even principally responsible for global CO2 emissions over global warming.
No one is suing anyone for being principally responsible for anything.
The only one shaming themselves is you, frothing angrily at the mouth over something you haven't put the minimum amount of required effort to understand. On behalf of the "kid's" case you seemingly want to discuss without even reading, grow up.
On behalf of the rest of the world, fuck off to them, and you.
Why fuck of me? You don't like criticism of your ignorance? You should say fuck off to yourself, you're to blame for it.
Re:Nah (Score:4, Insightful)
It's embarrassing to watch you refer to 20 and 24 year old adults as children.
Why don't you go to Turkey and start yelling at 20-something year old adults that they're children and see how well it works out for you?
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They're involving an 11-year old. Not that it's any better for 20-somethings to get involved when it's clear they aren't thinking like actual adults. At least the kid has an excuse - being too young to know much better.
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What is a Qannon-MAGA party and where have any of those boogeymen said such a thing?
Is that in the party platform? Can I go to www dot qanon-maga dot org to find their official platform statements?
Sir, I find your ideas fascinating and would like to subscribe to your newsletter.
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The entire point is subverting liberal democracy by aristocracy through judicial system. This is simply one of the means.
Turkish democracy is far less liberal and doesn't offer this much power to courts.
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Considering it's the children that are going to inherit this shit storm, why shouldn't they have a voice? Frankly, a massive class action suit by everyone under the age of 18 forcing fossil fuel companies to pay crushing reparations would be a goddamned good precedent for all the other global corporate interests out to kill us. Next up should be Big Sugar, which has probably killed more people than the Nazis.
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But sure, let's go all in on false equivalency why don't we!
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I mean except for the fact that everything these kid's in the article are suing over is established scientific fact.
A warming climate is a fact.
That the EU governments are responsible for it and owe this group of kids money is not an a fact.
It would make just as much sense for the governments to sue these kids for using a gas stove, or whatever.
Global warming affects all of humanity and all of humanity is collectively causing it. Suing each other is not constructive.
Re: Nah (Score:5, Informative)
From the summary: " None of the young applicants is seeking financial compensation."
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What is their goal then? Have the leaders of those governments hanged or something? Even if they gave the money to some organization, ShanghaiBill's point still stands IMHO so, what is your point exactly?
The money is for their handlers. (Score:2)
Let's not pretend we don't get what is going on here.
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We do get exactly what is going on here. The planet is going to shit for the benefit of oil companies and the like, and these kids are doing more to oppose it than almost anyone else.
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doing more to oppose it
Not slow it, reverse it, undo it, stop it, or solve it, just oppose it.
Virtue-signalling bullshit.
Guess what? Even the oil companies are opposed to global warming.
Nobody wants the bad stuff to happen. We just want all the good stuff that's causing it.
Whining and blaming does no good. We need solutions, ways to get the good stuff without the bad.
None of these activists are suing to get these countries to build more nuclear plants over the objections of the NIMBYs and ignoramuses.
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Virtue-signalling bullshit.
Virtue-signalling? These kids haven't even had a chance to damage the planet yet, so not really.
Signalling? Yes, the goal is to signal to other people that the problem is real.
Bullshit? No, AGW is real, physics says so.
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They aren't suing for financial compensation, they are suing to force governments to take action. It's a human rights case, and while those can involve compensation for mistreatment, the core remediation is to stop doing the human rights abuse.
I don't mean to single you out, but there are a lot of Americans here who really don't seem to understand how the ECHR or European law works. It's not like the US where everything is about money and convincing a court or jury.
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> Suing each other is not constructive.
Citizens suing the government surely brings more attention to the issue. If you don't think that can be useful I'm curious what you think young people can do that's more likely to directly or indirectly bring about greater government action?
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It's a fool's errand, either way.
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sigh. that link is to "Moral_panic" (i should prob learn how to do links)
Re:Nah (Score:5, Informative)
Its not a "scenario", its a thing thats happening *right now*, and it is absolutely beyond a reasonable doubt that humans are the primary and overwhelming cause of it. We would have to rewrite almost every field of science going back 150 years (when scientists first started warning about this) for that to not be true, including entire fields of physics that would need to be invented to explain why physics doesnt work in the sky and then even more fields of physics to explain why even though physics doesnt work in the sky the sky behaves exactly as if it does. And then even more fields to explain why even though the sky behaves exactly as if CO2 was doing what physics predicts it does why that would stop happening if we just ignored it because for the first time in 13.5 billion years the fake sky physics will stop behaving as if it was real and not warm up.
Its *absurd* the mental gymnastics required to justify all this.
And yes,governments are responsible because governments are capable of fixing it instead of giving free reign to multinationals to make it worse.
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And yes,governments are responsible
Responsible to whom?
To these six kids? How is their claim to damages privileged? How do their interests differ from the interests of the public?
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The European Convention on Human Rights (ECHR) creates obligations on governments. This is a fundamental difference between the legal situation in the US, where things like the constitution only limit what the government can do. The jargon is "negative freedom", basically freedom from interference. In Europe we have "positive freedom", which is where the government must actively take steps to ensure citizens have freedoms and minimal opportunities.
As an example, education is a human right under the ECHR. Th
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My point is that 2 deg C or or even 3 deg C avg warming over 1850 temps is still not going to turn Portugal into "an unbearable furnace", as one of these plaintiffs claim in TFA. If he believes that, and he well may, that's not because he understands or is listening to "the science", it's because he's suffering some sort of anxiety disorder because of exposure due to climate change alarmism of the past couple of decades
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My point is that 2 deg C or or even 3 deg C avg warming over 1850 temps is still not going to turn Portugal into "an unbearable furnace", as one of these plaintiffs claim in TFA.
It can in fact do that some of the time. Or maybe it won't, that's the problem with trying to make specific predictions about chaotic systems. However, all reasonable projections state that we are in for harder and harder times.
Furnace? Hyperbole, but useful. Here in the US we have had an increase in deadly hot weather in typically habitable regions of late, why should we imagine it won't happen in Europe?
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Looks for the inevitable spot where you go off the rails ...
And yes,governments are responsible because governments are capable of fixing it instead of giving free reign to multinationals to make it worse.
Yep, there it is.
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And yes,governments are responsible because governments are capable of fixing it instead of giving free reign to multinationals to make it worse.
Where I am (UK), frankly, the problem is that while most people are concerned about climate change, when it comes down to it, most of them will not make the sacrifices required to stop it. Yes there are some deniers who make lots of noises on TV, and others who are mislead by the media, but even in the very left wing eco conscious place that I live, everyone has a car, and everyone who can afford it takes regular flights for holidays. They all talk about how they're trying to cut down on their flights/car u
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Re:Nah (Score:5, Insightful)
Not as established as you might think.
https://clintel.org/nobel-priz... [clintel.org]
Why should I care about the opinion of someone whose expertise is in quantum mechanics?
This is a classic case of Nobel disease [wikipedia.org].
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Ah, but when that same thing happens with solar power?
The debate about solar power isn't about science but economics.
I decided to put solar panels on my roof because I crunched the numbers and could see I'd save money (and I have).
The opinion of scientists had nothing to do with it.
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You must have missed the 1599 other scientists, one other nobel prize winner, that also signed the declaration.
Re: Kids are smarter than you think (Score:5, Insightful)
These "extreme" activists are ridiculed. But if you think things through, it is justified. They are even playing nice. Glueing hands to stuff, going to trial... Not sure what would happen if we change temperature to immigrants.
We all, me included, act like addicts. We do not have a problem. Science? They are wrong. Look, there is a spelling mistake in this paper! We need to change our behavior? No, we can't the results would be disasterous. Then the classic denial mechanisms kick in. The "it is going to be a disaster but there is nothing we can do" attitude is more popular in my environment. I am one of them
I am very pessimistic about our long term future. (Decades). History will judge us as the sloppy generations that only cared about themselves. At least there will be a footnote about activists trying to make a change.
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History will judge us as the sloppy generations that only cared about themselves. At least there will be a footnote about activists trying to make a change.
Don't worry, the ephemeral digital records we create today won't be available to whoever builds the next civilization. They won't know what happened.
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What climate activists are doing is relatively mild even compared to what previous movements, like the suffragettes fighting for equality for women, did.
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> from "climate change will cause droughts" to "cause humid heat"
My understanding is that both can increase depending on where.
> NASA says Earth has been getting greener the last 30 years
"Human Activity in China and India Dominates the Greening of Earth, NASA Study Shows" - https://www.nasa.gov/centers-a... [nasa.gov]
Foliage or "leaf cover", yes, but how does that reduce concerns (most concerns?) that might be expected to follow from a slow rise of average world water, land, and atmosphere temperatures?
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They already have a legal team lined up. Those kids are being led by the nose. No preteen assumes that global warming is causing their asthma unless adults tell them so.
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Not only is it an assumption, it is also wrong.
The claimants don't want the laws changed, they want them enforced.
It is not unusual for lawyers to be involved when governments ignore or break their own laws. Would you argue that Julian Assange is being used by activists because he had help from human rights lawyers with his written pleas?
Are you seriously equating lawyers with activists? Are you saying the layers working for their clients are really employing their clients instead?
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Who is paying for their lawyers in what will certainly add up to millions in legal fees?
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China actually has a plan to reduce emissions, and is sticking to it. It has already reduced emissions more than the rest of the world combined.
It is still the biggest polluter because it is the most populous country. Per capita, they pollute less than most European countries. (While the EU member states have pledged to reach net zero before China, emissions from Europe are still increasing. The war might have something to do with that.)
More importantly, China is not subject to the European court of hum
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There is no legal precedent for children from Portugal suing entire countries. Also there's nothing anti-democratic about duly elected governments asserting their sovereignty by ignoring bogus lawsuits.
(okay the idea of Erdogan being duly elected is a bit of a stretch, but he likes to pretend)
Re:Nah (Score:4, Informative)
Ignoring "bogus" lawsuits is something totalitarian governments do. You know, where there is no rule of law. In any country where the law is still not corrupted, there needs to be a _court_ decision that a lawsuit is invalid and will not be taken on for decision.
Seriously, does nobody know anymore how the law actually works?
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Incidentally, down-moderating is not for "I disagree", read the moderator guidelines. Obviously, no-honor scum does it nonetheless.
And they always have, although it has gotten much worse since B!zX bought Slashdot, to the extent that it is most believable that some of this malicious moderation is done by "editors" or similar. Even under DICE it wasn't this bad.
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As a member of generation X I strongly object to being called a kid!!! We’re way to cynical a generation to think this kind of bulls*8t would work.
I think you meant millennial *snort*
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Gen X Kids? Gen-Xers are in their mid 40s to late 50s.
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The third world is literally suffering the effects of global warming worse far worse than the first world, but nice try.
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GenX here. We're not the ones who are involved in this, if anything, we're the jaded generation that has given up. We've tried, but then we noticed "hey! We're 50! The planet will last the 30ish years we have, and if you can't be assed to keep it habitable, why the fuck should we?"
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Gen X? You're a fucking moron.
Re: First world problems of Gen X (Score:2)
How do you suggest to solve that particular problem? Things that we already tried and have evidence do not work: voting, trusting politicians, trusting market forces.
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You wanted to say Gen Z.
Gen X are mostly in their 50s or close to it.
Get the basics right first before ranting if you don't want your rant instantly dismissed.
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Assume you're right and find someone to blame and demand they fix the problem. That is how generation X kids think these days.
Quite correct.
Most of Gen X could solve the problem of how to flush a commode.
Gen X was taught to only way to solve problems is to PROTEST. That is all they know.
Rather amazing for a bunch of kids still paying off student loans for now obviously worthless degrees.
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Inflation due to dumping trillions of unproductive cash into the economy had nothing to do with huge price increases for everything?
Might I suggest chapter 1 of any basic Econ book?
Anyway, beef culls and the rest is just a side effect. You and I both know the real root cause is the 1%, right buddy? *wink*
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Might I suggest chapter 1 of any basic Econ book?
What would your basic econ book say about costs going up 15% and prices going up 50%? Jolly good time, everything is going great for business and there are no possible consequences?
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The question would be "why did prices go up?" There is no dispute that prices have gone up. Nor is the butterfly effect disputable. If you have raw material suppliers increase their prices by 15% because labor, fuel and equipment has gone up, then that rips through the rest of the economy. People who transport those materials pay more, people who turn them into goods pay more, people who put them on shelves pay more, and so on down in a vicious cycle. It isn't a straight line from farm to plate. All t
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You do understand the difference between laws of nature and human laws? The second ones are made up shit, the first ones are the ones that nobody can break.
Courts are only concerned with the second kind of laws. So what exactly would that accomplish? A court could just declare that a river can't rise past its riverbed, see if the river gives a fuck.
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Then what kind of impact would a court deciding one way or another have in your opinion?
Nature doesn't give a fuck about what you want, court mandated or otherwise.
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Re:OK then, lets try that here in the USA (Score:4, Insightful)
May I ask you what you think those taxes are collected for? And what you think you'd have to pay if those taxes didn't pay for that but if you had to pay it out of your pocket?
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Some of it went to the military trying to get volunteers through drag queen promotions. I'm pretty sure Madison would not have approved.
And some number over 100 billion has gone to a proxy Asian land war with Russia for no strategic benefit. An idea so dumb it's a joke in the Princess Bride but here we are.
I could go in but you get the point.
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Yeah, that was already way more than enough to prove you know jack shit about the military or foreign politics.
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Did those things happen? Yes. Are they an appropriate use of tax dollars? Madison would say no.
If you'd like to demonstrate somehow that they didn't then go for it. I'll enjoy this one. If not then don't bother replying to my posts. I can back my statements. Can you back yours?
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Concerning the military expense and the "inclusivity": You should know by now that ads are not a reflection of reality. But the military has a considerable problem attracting talent, at least talent with a triple digit IQ. What you get there is mostly poor people and people who know they can't get another job if they tried. And the US military is not the Russian. The US doesn't need cheap cannon fodder to throw against an enemy, they need soldiers who can think on their feet. The US military is based on Mis
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Ads: did they or did they not spend money promoting drag queen shows? Yes, they did.
Ukraine: for 100+ billion USD we could have bought all the sunflower oil in the universe. What does our stupid Asian land war in Ukraine have to do with Russia fucking around in Africa? Not a damned thing. Has Russia stopped their Africa activities because they're stale mated in Ukraine? It's a laughable concept. Ukraine is about the MIC cashing in and the war mongers in the State and Defense departments getting the Hot
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The mere fact that you think Ukraine is in Asia means that discussing global politics with you is pointless.
Call again when you have acquired a map.
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Oh, and make it one that shows more than just the US.
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You don't have to be a denier to not fall into the FUD trap. Even the IPCC says that a runaway scenario isn't going to happen. The rest is just pick the spaghetti graph that suits your desired level of fear. Humans will either adapt or die. I don't worry about starving children in third world countries, so I am not going to worry about climate change. This isn't denial, just facing the reality of it all.
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Then humans will die, along with most life on Earth.
Life will find a way once humanity is out of the way. That's what it means for there to be no runaway scenario. Meanwhile, we'll be increasingly affected by the climate catastrophe until all of us are dead.
This is not like a famine on the other side of the world. This is droughts and floods and wildfires and storms destroying the entire world's food supply. There are already export restrictions by the biggest food exporters because of crop failures, an
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Climate denier: someone who denies there is a climate.