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Looking into the future the Pelican feeding its young from a self-induced wound in its own breast (as depicted, mysteriously, on the state flag of Louisiana) is accepted as an appropriate symbol of both self-sacrifice and rebirth. Through his selfless efforts, man is raised from the slavery of ignorance to the condition of freedom conferred by wisdom. Given the current state of affairs in Louisiana, one hopes that the understanding of the Pelican as a symbol shall point the way towards a new consciousness of ourselves as a whole, and lead us to face our futures with strength, grace, wisdom and faith, to learn from our mistakes and carry our successes and zest for living to future generations.

CLIMATE: Katrina Victims Appeal Case Against Energy Companies

  1. By Darren Samuelsohn
  2. PM Senior Reporter
  3. Source: E&E News
  4. Sept. 17, 2007
Gulf Coast victims of Hurricane Katrina asked a federal appeals court today to reinstate their class-action lawsuit that seeks damages from major U.S. energy companies for the role their heat-trapping emissions played in fueling the 2005 storm.

More than a dozen residents of the Mississippi coast filed the appeal in the 5th U.S. Circuit Court of Appeals in New Orleans. Last month, a federal district court dismissed their case on grounds they lacked standing under the U.S. Constitution to sue Exxon Mobil Corp., Peabody Energy, American Electric Power Corp., Dow Chemical and other major companies.

Stephen Wiles, a private attorney in New Orleans who represents the plaintiffs, said his side would seek a hearing in the Supreme Court if unsuccessful in the 5th Circuit. And he predicted industry would do the same if they lose.

"This is of such dramatic importance that every appeal will be exhausted by every party until we've got a final determination," Wiles said by telephone from New Orleans.

At an Aug. 30 hearing on the case, U.S. District Court Judge Louis Guirola said he had concerns about global warming. "I think it would be unwise for any of us as citizens of this planet to ignore the science and ignore the signs, if you will, of what we are doing to our planet and what we are doing to our atmosphere, and what legacy we will hand down to our children and grandchildren," Guirola said, according to a transcript of the court hearing.

But Guirola, an appointee of President Bush, also said he must reject the Katrina victims' arguments because they raised political questions best left to Congress and the executive branch.

"It is an important debate, but it is a debate which simply has no place in the court until such time as Congress enacts legislation which sets appropriate standards by which this court can measure conduct ... ." Guirola said. "I think that the plaintiffs are asking the court to develop those standards, and it is something that this court simply is not empowered to do."

Guirola said his decision did not run counter to the Supreme Court opinion in a related global warming case, Massachusetts v. EPA. There, the Massachusetts attorney general sued the federal government for failing to consider regulations of greenhouse gases. A federal appeals court found that Massachusetts did not have standing to bring its case, but the Supreme Court earlier this year reversed that opinion with a 5-4 ruling.

Wiles insisted the Supreme Court's opinion in Massachusetts helps his case.

Vic Spec, a spokesman for Peabody in St. Louis, welcomed Guirola's opinion but declined further comment on the 5th Circuit appeal. "We believe it was an appropriate ruling," he said.

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