NRC seeks more certainty on litigation support for climate change lawsuit

The U.S. National Research Council is asking the Department of Justice to clarify the legal status of an existing $2.7 billion lawsuit against the National Climate Assessment, or NCA.

The U: National Research Commission on Science and Technology is seeking guidance on whether NCA is subject to the National Academy of Sciences’ National Academy Opinion Act.

The NRC filed the lawsuit last month in federal court in San Francisco, saying that NCA’s assessment was a “scientifically unsupported” and “scientificically unsupported” report that “deliberately misleads” the public.

“The NCA has no credible scientific basis for its conclusion that human-induced global warming will cause widespread, widespread, catastrophic impacts on the planet and human civilization,” NRC lawyers wrote in their filing.

“The NNC is a science-based, peer-reviewed, fact-based organization that conducts scientific research to inform public policy and policy makers about the impacts of climate change.”

The lawsuit says the NNC has “public interest and statutory authority” to review and issue a response to the assessment, which was issued in May.

It also seeks an injunction to block NCA from publishing the NCA report and the NRC from issuing a report on the impacts. 

The NCC also requested that a judge allow it to publish its own findings about the impact of climate Change on the environment and human health. 

In a statement, the NCC said that the National Academies “has provided the NSC with a summary of its assessment of the science of climate variability and its findings, and that the NNSC has also provided the agency with a draft report on its findings.”

“The government has not presented a response,” the statement added.

“We are requesting the NCEA, the National Science Foundation, the U. S. Department of Energy, the Department or agency of the president, or any agency, agency, or entity to provide the NLC with the full text of the National Research Board’s assessment of climate science and its results.

We are asking that NNC, NRC, and NNSB provide this information to the NOC within 60 days of receipt.” 

The lawsuit claims that the assessment’s authors “were in the public domain” when they wrote the draft report, which is “subject to the terms and conditions of the NRE.”

It also says that the draft NCA assessment was published in the journal Science in October 2016 and is available for public review on the National Library of Medicine’s website.

“The National Academy’s findings are consistent with the science underlying the NNAR, and we strongly disagree with the NAR’s conclusions,” the lawsuit says.

“As a result, the authors are in violation of their statutory obligations under the National Review Act.” 

In addition to the lawsuit, the government has sent letters to several other NRC members and their staffs asking them to review the NACS report.

The letters also urge the agencies to consider the “significant impact” of climate on their operations.

National Academy of Science President Ann McKee, in a statement sent to USA Today, said the agency is “committed to advancing the scientific understanding of the impacts and risks of climate disruption on the U.”

“We continue to take a critical, collaborative approach to research in the face of this threat and its consequences,” McKee said.

“But we also recognize the need for public debate, and the National Advisory Council is dedicated to working with all stakeholders to better inform policymakers about the scientific findings of our research and the impacts to our environment.”

The suit is one of several climate change lawsuits against NRCs findings.

Last month, a judge in California ordered a federal court to dismiss a lawsuit against NNC by three former scientists who said the NMC had engaged in “deceptive and unethical conduct” and violated their privacy by releasing the NCLM report.

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