Our pedestrian lawsuit against the oil companies, and associated oil tax collectors is moving forward. As a pedestrian, I make first claim of $150/yr plus court costs on the current state gas tax.
Why do I have government collecting my damages? Because government has assumed a monopoly on tax collection making it expensive for the tort judge to set up separate collection systems. But the legislature remains supreme here, and I expect a second trial will determine the tort judge must set up a separate collection fund for CO2 damages.
Plaintiffs, like me, a pedestrian walker and biker, get a check from the general tort CO2 fund, oil companies pay in; managed by judge. That fund has first priority over fossil fuel fees. I have proved damages from a public nuisance of which I had no part. Public and nuisance together implies an unlawful taking from me, I win, my damages come before gas taxes.
The message to central planners, you no longer control the green fund, the tort judge is more green than government, sorry.
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