Yahoo! Groups Tips
Did you know...
Hear how Yahoo! Groups has changed the lives of others. Take me there.
|
| A law we need immediatly, nationally, To protect our Childrens Lives |
Message List
|
Hello. My Name is Bill Heavens, Im An Advocate of for the prevention of Childhood Cancers and Disease. Before you delete this Email,Id like you to envision 15,000 children dying because of our deadly toxic environment. At the end of this informational subject matter,I have a poem i wrote,A poem that deals with Disease and cancers in our children and grandchildren, For I had a child .a 16 yr old son.That fought for his life for two years from ALL T Cell Leukemia, I promised him at his Death, Id find the cause of childhood cancers,Rather then spend the rest of my life ,chasing rainbows looking for the cure,i believe,we wouldn't need a cure,if we could stop the cause,I may only be one person,But there are thousands of parents that stand behind me,in agreements with scientific theorys,In working with many hundred children here on the internet,I've watched in horror,as these children died,Its time for a change,My group of parents from all over the United States, for all of you,to help us stop the environment from murdering our children,expecially by corporate business desires to not take responsibility for what they have done and continue to do,to our air and water,without any regard for childrens lives. The state of Montana has a great idea here, and if we were to use the funds that are won in this battle,and use them to further studies,instead of supporting a war with these fines.Maybe just maybe,we can save50.000 childrens lives over the next two years. Please read what this court case in Montana is unearthing,and please at the end,Check out my poem,of my sons unfortunate end of life do to these corporateswines.that continue to kill kids. I take full responsibility for the contents of my writing here. and have put my full (real) name at the end,including my address and phone number,for any contact information or input from you in helping us parentsfurther in this matter.Thank you for listening to my plea for your help, And God Bless you for taking time in concidering what is at stake here. Bill Heavens, Mesa Az 85201.Hope4Kids2org@... Millions at stake in environmental court case
The Issue.. is enforcement of the constitutional right to live and breathe in a clean environment..
By MIKE DENNISON
Gazette State Bureau HELENA -- At a rare packed-house hearing before the Montana Supreme Court Wednesday, a pair of attorneys said Montana residents must be able to use their right to a "clean and healthful environment" to seek damages from corporate polluters.
Without that course of action, the right is essentially meaningless, argued Tom Lewis, a Great Falls attorney representing Sunburst residents whose groundwater was polluted by gasoline from a Texaco refinery.
"If this right isn't extended to protect against the polluters, we've lost the battle," he said. "If we don't have this to enforce our constitutional rights, then the Constitution doesn't have any meaning."
Yet attorneys for companies in three major environmental-damage cases said the "clean and healthful environment" right does not enable residents to sue private entities for damages caused by pollution.
The right instead must be enforced by laws set down by the Legislature -- and if those laws aren't enforced properly, residents can force cleanup action by suing the government, said Ron Waterman, a Helena lawyer representing mining firm Canyon Resources Corp.
Lawyers for the companies said it makes more sense to rely on those laws for awarding damages or forcing cleanup.
The right to a clean and healthful environment is too vague and inconsistent to be used as a standard for determining liability and damages, they said.
"From one jury to the next jury they may have their own idea about what is clean and healthful," said Stan Kaleczyc, a Helena attorney representing Texaco Inc.
Wednesday's unusual hearing dealt with appeals on the three separate cases, each of which raises the question: Can residents successfully sue a private business, asking for damages because their right to a clean and healthful environment has been violated?
The seven-member high court will decide the question later, as it wrestles with multiple issues in the three complex appeals.
Supreme Court oral arguments usually attract only a handful of people, but more than 150 people packed the chamber Wednesday and overflowed into the lobby, where court personnel had set up a television monitor on which people could view the proceedings.
The cases are the Sunburst residents' lawsuit against Texaco, a lawsuit by the town of Superior and others against Asarco for pollution of drinking water and soil, and the suit of several Lewistown-area landowners against Canyon for damages allegedly caused by its defunct Kendall gold mine.
Texaco is appealing most of a $41 million verdict against the company, and the other cases could involve damages in the millions of dollars.
The cases also feature some of the state's most prominent plaintiffs' and business defense lawyers, who argued at Wednesday's hearing.
The justices peppered all five attorneys with questions during the two-hour hearing.
Justice John Warner asked why the "clean and healthful environment" action is needed, when landowners damaged by pollution could sue under other actions, such as illegal trespass.
Cliff Edwards, a Billings lawyer representing the Lewistown-area landowners and the town of Superior, replied: "We need it because we have it (in the Constitution) and we're entitled to it.
"I can't imagine a better expression of Montana public policy than this," Edwards said, noting its adoption by the people and elected delegates to the 1972 Constitutional Convention.
Justice Brian Morris said if the law doesn't allow landowners hurt by pollution to seek "restoration damages," to repair their property, how can they recover them without invoking the constitutional right?
Don Robinson, a Butte attorney representing Asarco, said they can ask the Legislature to address the issue and define in law damages that can be obtained.
"Those are all issues that are best left to the legislative process so we all know what the rules are going in," he said.
But what if the Legislature does nothing, asked Justice James Nelson -- can residents still raise a legal challenge?
Robinson said they still can sue the government, to force regulation of polluters, invoking the right to a clean and healthful environment. But they can't use the same right to sue polluters directly, he said.
After the hearing, environmental leader Jim Jensen said if the right to a clean and healthful environment is restricted only to cases suing the government, it would be "an extremely hollow right."
Large corporations, which are the big polluters, wield wide influence at the Legislature and with state regulators, and residents need the ability to sue them directly if the state doesn't adequately protect the environment, he said.
"If the citizens can only (rely on) the government to defend their property, then the right to a clean and healthful environment is an extremely limited right," said Jensen, executive director of the Montana Environmental Information Center, which has been involved in one of the cases.
Published on Thursday, March 09, 2006.
Last modified on 3/9/2006 at 12:26 am
Copyright © The Billings Gazette, a division of Lee Enterprises. BillingsGazette.com :: Millions at stake in environmental court case http://health.groups.yahoo.com/group/ChildhoodCancerTheCause/ ChildhoodCancerTheCause : Childhood Cancer Causation.
Our Sky will be Brown Forever
But God never planned it this way.
Its killing all of his children,
But its teaching them all how to pray.
And with his promise to all of us
He will safely take us home.
To all you Mom and Dad's out there,
Just remember ,our Children are all on loan.
And as Us parents grieve and weep,
we realize its not bad dreams,
as we awake to this loneliness.
We search for Angel beams.
And as we picture their faces.
once again we begin to cry,
we ask ourselves ,just one more time,
Why did they have to die.
As the hole in our heart grows bigger,
we begin to cry some more.
Our children have been taken.
And our lives can't close that door.
Those bonds we had with life on earth
now in shambles, and broken little bits.
but when learning what has killed them.
just makes your hearts do flips
Dear God I Pray To You
Please make these corporate evils pay,
for polluting our children's lives,
With their chemicals, Benzene, and Pharmaceuticals
That have stabbed our hearts with knives.
As they take the lives of our children
All they pay is a modest fine.
While the hopes and dreams of our families
go steadily into decline.
We can't even drink the water no more
they've polluted it for all time,
And the quality of the Air breath
filled with toxins, not yours or mine.
The dangers of disease these days,
Puts our children all at risk.
Some might laugh, and play ,til their 12,
but soon after won't exist.
And our leaders there in Washington,
Just refuse to clean things up.
They say their out of money,
That the wars have emptied their cup.
What happened to America
The America we once knew
Where peace, love and caring,
Were the things that carried us through.
The America with our rights and freedoms,
where we could live a normal life,
To see our children grow ,then marry,
have a life without this strife.
Gods shining down his search light,
For all of us to see,
what these political, corporate policies,
has done to you and me.
We know his plans for all of us,
for it's been written in his book.
But for those who polluted America,
God's taking a closer look.
He's watching you kill his children,
For your profits and your greed.
He sees you taking the children's lives
That America can not feed.
He's watched the lies of 9/11
start a war from their corporate need,
while generations of fathers at war,
bring home the toxins that change their seed.
These DNA and chromosomes
that he planted from his seed,
have now collapsed all living cells
Children dying from corporate deeds.
,There are some bills in congress,
that our families have lobbied for years,
there for studies on these childhood diseases.
and if not passed by congress, again we have more fears.
These studies would track 100,000 Children,
from the womb, to age twenty one.
To look inside the environment and see,
why Disease kills them one by one.
Scientists have already spent 60 Million
In putting this study together,
were are talking prevention here, Not a Katrina'
"Children lives" ,not just the weather.
Now Mr. Bush wants to trash all this study.
to fund his greedy ( Halliburton) Corporate war.
while 28.6 billion he's cutting from health.
For Iraq he wants 72.4 billion more
I plead with you all, in the name of our "God's Children "
To write your congressperson now,
Help save the lives of your children and futures,
It's now time to take a that Vow...
And, as an Angel recently whispered to me,
so beautifully in my ear.
Have hope, he said, for God is coming,
into your heart, so have no fear.
Just as I recognized this angels voice.
God furnished me all these tears,
I know my son in heaven, I said
I been waiting now for years.
Written by Bill Heavens, Hope4 Kids2 org@...
In Memory of my Son Eric Heavens
11/26/83 - 5/2/2000
Forever...16 This is for you My Son Copyright 3-6-2006 Bill Heavens 320 E Mckellips Rd #120, Mesa Az. 85201 Area code (480) 656-7910 Beyond Indigo- Death and Dying: Beyond Memory:Eric Glen Heavens http://www.beyondindigo.com/memorials/memorials.php/dID/375
|
Hope4Kids2@...
hope4kids2
 Offline
 Send Email
|
|
Having problems with message search?
Fill out this form to ensure your group is one of the first to be migrated to the new message search system.
