Page 29 - Flathead Beacon // 6.1.16

CLOSING RANGE DAVE SKINNER
FOR OUR CHILDREN! REALLY!
GUEST COLUMN STEVE DAINES
TAKING CARE OF OUR VETERANS
IN THE MIDDLE OF MAY, GREENS held a “Mass Action Against” the March Point re nery complex in Anacortes, Washington, complete with parades, campouts, drums, and nally, 52 arrests.
I wanted to discuss the hypocrisy of these fossil-fuel-dressed-fed-and-pow- ered geniuses, but in ski ng around the fascinating Twitter page of one of these myopic nirvanists, I noticed an older post referring to something complicated, bor- ing, yet important: “Washington State Kids Score Huge Legal Win in Climate Change Lawsuit” linked to a Hu ngton Post story – that in turn quoted some 14-year-old who was “among the eight kids who brought the lawsuit.”
Sound familiar? Yep. In 2011, I wrote about how a handful of Montana Greens fronted their kids, hoping the Montana Supreme Court would force our Leg- islature to pass global warming laws. The Montana Supremes unanimously shot down the complaint (argued by none other than the Flathead’s since-ap- pointed district judge Amy Eddy), dis- missed without a published opinion.
But that’s Montana.
According to a November 2015 AP story by reporter Phuong Le, “Our Chil- dren’s Trust [OCT] has been leading e orts to le lawsuits or administrative petitions in every state and against the federal government.” As an American Bar Association analysis explains, OCT strategy is to “use the common law pub- lic trust doctrine (and other common law claims) to compel government action.”
In other words, because climate changeists can’t advance their agenda by winning elections, they’re seeking control through the courts. Through a nationwide forum-shopping campaign, the carbon cultists hope to nd that magic activist judge, willing to subvert the elected legislative process.
This totalitarian approach to “compel- ling government action” had little suc- cess until this April. But things changed with a 2014 Washington state complaint brought in Seattle “On Behalf of Youth Petitioners” by adult lawyer Andrea Rod- gers Harris of the Western Environmen- tal Law Center.
Our oldest hero kid was 12 then, the youngest seven. Now, were YOU suing the government when you were 12? Of course not! This is all about the grownups – for example, one plainti “walks, bikes or
is driven to school in the family electric car” by her father. Green Dad is a men- tal health therapist (not for me, he’s not) and “part of the Climate Reality project, the Al Gore initiative, and volunteers his time to present ‘The Slide Show’ to any and all interested groups.”
Long story short, the Washington leg- islature would not pass what the Seattle Times called a “crackdown on carbon emissions” – an 80 percent reduction by 2050. Therefore, the “kids” sued in state court to force a regulatory end-run through the state’s Department of Ecol- ogy rulemaking process.
Judge Hollis Hill initially denied the “kids” petition last November, but when Ecology withdrew what was an unpop- ular proposal for a targeted $25 per ton carbon tax, the “kids” went back to Judge Hill. The judge imposed a rulemak- ing deadline of December 2016, writing “These children can’t wait, the polar bears can’t wait, the people of Bangla- desh can’t wait.”
However, more important is OCT’s 100-page complaint brought in Oregon, assigned to federal magistrate judge Thomas Co n. Here, 21 “children” (plus “Future Generations, through their Guardian Dr. James Hansen”) sued the United States for “continu[ing] their policies and practices of allowing the exploitation of fossil fuels.” They asked the court, among other things, to “imple- ment an enforceable national remedial plan to phase out fossil fuel emissions.”
Not asking for much, are they?
On April 8, Magistrate Judge Co n (who announced his retirement in Jan- uary) took 24 pages to deny a motion to dismiss. While his ruling seems nar- row, Co n declared the plainti s pres- ent a “substantive due process claim” and there is “a need for the courts to evaluate the constitutional parameters of the action or inaction taken by the government.”
Now, it is hard to guess why Magistrate Judge Co n (neither nominated by any president nor con rmed by Congress) agreed to consider moving to the trial stage: A last ing? Perhaps a legacy? To apply good law? Or is Co n exactly the sort of activist OCT has dreamt about?
Dunno – and we won’t know for another few months. But whatever hap- pens, don’t forget – it’s for our children. Really.
SOME IN WASHINGTON MAY tell you that the dust is nally set- tling after over a decade of war. I would say those folks aren’t seeing the whole picture – and the 80 service mem- bers from Montana’s 219th RED HORSE Squadron who recently returned from their deployment to the Middle East last might, too.
The threats facing our nation are growing – and with it, American service members are more important than ever.
Whether it’s engaging the enemy, constructing runways for bombers or manning a Missile Alert Facility in Great Falls – Montana service members are protecting our nation daily.
These service members will one day join the ranks of the 100,000 other vet- erans in Montana – and it will be time for us to serve them.
Unfortunately, we are currently fail- ing our veterans and are ill prepared to take care of our service members.
As we honor those who have served and are serving our country, it reminds me that there is more to do. As the son of a Marine who served with the Bill- ings-based 58th Ri e Company, I’ve been raised to always take it one step further than that.
John F. Kennedy said, “As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them.”
In Washington, it seems as though many have forgotten that sentiment.
For too long I’ve heard horror stories about the treatment of our veterans – wait times, failed payments for care pro- viders, an inability to get a ride to treat- ment from a rural area – the list goes on and is known by many.
The Senate is moving forward with a bill to reform the U.S. Department of Veterans A airs (VA) based o of legis- lation I introduced earlier this year.
The Veterans First Act includes many substantial xes I’ve long fought for – like allowing female World War II pilots who trained in Great Falls to be buried in Arlington National Cem- etery and overhauling the Choice Pro- gram which was meant to allow veter- ans easier access to care outside of the VA when they needed it. Unfortunately, it’s doing just the opposite, which is why
new reforms are essential.
Change needs to happen in the VA –
ask any veteran that’s had their credit score impacted by the failure to get their medical bills reimbursed in time.
But veterans in rural states like Mon- tana will always need help and we can- not simply stop with this bill.
Rural veterans face higher rates of suicide, decreased access to care and unique issues like less access to employ- ment opportunities. After urging for a new Veterans Center in Helena, I thanked the VA when it was completed – but I won’t stop ghting for more rural access, including adding a Veterans Home in Butte.
I also applauded the U.S. Department of Agriculture for increasing hiring pro- grams for veterans – and successfully fought tooth and nail to bring the pro- gram to Montana when I heard we were not originally included.
I appreciate the rural van drivers the VA provides – but I’m still demanding that the VA step up their e orts to ll empty employment positions ensur- ing that veterans are able to make their appointments.
This list goes on with more that we must ght for in rural areas, and my priorities for Montana veterans will not stop with the Veterans First Act. That’s why I’m excited about this step in the right direction for those who so bravely served our nation.
Homecoming celebrations welcomed men and women of Montana’s 219th RED HORSE Squadron home from six months of sacri cial service. These cele- brations are important. But the best way that we as a nation can thank our mil- itary men and women is to ensure that they receive the care and support they need well after their service to the coun- try has ended.
That is exactly what I have been doing in Washington. By enhancing VA accountability, bolstering resources and increasing veteran services in our com- munities, we can ful ll our unwavering commitment to our veterans.
I am proud that together we are tak- ing action for our veterans and, like our forefathers did, expressing our gratitude through our actions.
Mike (Uncommon Ground) Jopek and Dave (Closing Range) Skinner often fall on opposite sides of the fence when it comes to political and outdoor issues. Their columns alternate each week in the Flathead Beacon.
“AMERICAN SERVICE MEMBERS ARE MORE IMPORTANT THAN EVER.”
Republican Steve Daines is a Montana U.S. senator
JUNE 1, 2016 // FLATHEADBEACON.COM
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