It is no secret that you cannot get good decisions when the decision maker is only hearing one side of the story. The reality presented in the Summer of 2018 that federal judges might keep these cases, and — gasp — may ask to hear more than one side’s position seems to have struck a nerve with the climate litigation industry. After which, we see, yet another institution enlisted in the campaign, this time to have witnesses/potential witnesses present the plaintiffs’ case to federal judges, outside of court, about what the judges ought to think in the event the parties meet again.
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