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29 - Climate litigation: shaping public policy and stimulating debate

Published online by Cambridge University Press:  20 August 2009

Marilyn Averill
Affiliation:
University of Colorado–Boulder
Susanne C. Moser
Affiliation:
National Center for Atmospheric Research, Boulder
Lisa Dilling
Affiliation:
University of Colorado, Boulder
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Summary

Introduction

Advocates interested in climate policy are turning to the courts to try to force action on issues relating to human-induced climate change. Climate litigation involves elements of law, science, policy, and ethics in addressing claims relating to global warming. Applying a variety of legal theories, litigants are using climate litigation to clarify existing law, challenge corporate behavior, assign responsibility, and seek damages for climate-related injuries. These cases rely heavily on expert scientific testimony and are likely to affect perceptions about the credibility, salience, and legitimaczy of climate science. They also are likely to encourage public debate and to stimulate political advocacy.

Many of these lawsuits have been filed in the United States, where litigation is widely used to resolve environmental disputes, but these cases have both national and international implications. Climate litigation can help shape US policy relating to climate change, both directly and indirectly; explain specific issues relating to climate change; provide guidelines for establishing causation and assigning responsibility for climate-related injuries; and affect perceptions about climate science that may influence policies and legal decisions beyond the borders of the United States.

Many of these cases are likely to be unsuccessful from the point of view of those hoping for greater action on climate change. Even an unsuccessful case, however, can make climate change more visible to a range of audiences by raising awareness, educating the public, and stimulating public debate on issues relating to climate change.

Type
Chapter
Information
Creating a Climate for Change
Communicating Climate Change and Facilitating Social Change
, pp. 462 - 474
Publisher: Cambridge University Press
Print publication year: 2007

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References

Allen, M. (2003). Liability for climate change: Will it ever be possible to sue anyone for damaging the climate?Nature, 421, 891–2.CrossRefGoogle Scholar
Allen, M. R. and Lord, R. (2004). The blame game: Who will pay for the damaging consequences of climate change?Nature, 432, 551–2.CrossRefGoogle Scholar
Arbuckle, J. G., et al. (1991). Environmental Law Handbook, 11th edn. Rockville, MD: Government Institutes, Inc.Google Scholar
Betsill, M. M. and Pielke, R. A. Jr. (1998). Blurring the boundaries: Domestic and international ozone politics and lessons for climate change. International Environmental Affairs, 10, 148–72.Google Scholar
Black, R. (2005). Inuit sue over climate policy. BBC News. Available at: http://news.bbc.co.uk/1/hi/sci/tech/4511556.stm; accessed January 3, 2006.
Cash, D. W., Clark, W. C., Alcock, F., et al. (2002). Salience, Credibility, Legitimacy and Boundaries: Linking Research, Assessment and Decision Making. Working Paper RWP02-046, Cambridge, MA: John F. Kennedy School of Government Faculty Research, Harvard University.Google Scholar
Center for International Environmental Law (CIEL) (2005). Inuit File Petition with Inter-American Commission on Human Rights, Claiming Global Warming Caused by United States Is Destroying Their Culture and Livelihoods. Available at: http://www.ciel.org/Climate/ICC_Petition_7Dec05.html; accessed January 3, 2006.
Climate Justice (2006). Inuit File Petition with the Inter-American Commission on Human Rights. Available at: http://www.climatelaw.org/media/inuit.iachr; accessed January 3, 2006.
Climate Justice (2005). U.S. Nuisance Appeal. Available at: http://www.climatelaw.org/media/U.S.%20nuisance%20appeal; accessed January 3, 2006.
Correll, R. (2004). Impacts of a Warming Arctic: Arctic Climate Impact Assessment. Arctic Council, International Arctic Science Committee. Available at: http://www.acia.uaf.edu; accessed January 3, 2006.Google Scholar
Environmental Defense (2005). Carmakers Sue California over Groundbreaking Clean Cars Law. Available at: http://www.undoit.org/whatsnew_spotlight.cfm?story=carmakers; accessed January 3, 2006.
Grossman, D. A. (2003). Warming up to a not-so-radical idea: Tort-based climate change litigation. Columbia Journal of Environmental Law, 28, 1–61.Google Scholar
Hakim, D. (2004a). Automakers sue to block emissions law in California. The New York Times, December 8, accessed, p. C1.Google Scholar
Inuit Circumpolar Conference (2005). Petition to the Inter American Commission on Human Rights Seeking Relief from Violations Resulting from Global Warming Caused by Acts and Omissions of the United States. Available at: http://www.inuitcircumpolar.com/files/uploads/ICC-files/FINALPetitionICC.pdf; accessed January 3, 2006.
Jasanoff, S. (1995). Science at the Bar: Law, Science, and Technology in America. Cambridge, MA: Harvard University Press.Google Scholar
Leone, R. C. (1995). Foreword. In Science at the Bar: Law, Science, and Technology in America, ed. Jasanoff, S.Cambridge, MA: Harvard University Press, pp. ix–xi.Google Scholar
Moser, S. C. and Dilling, L. (2004). Making climate hot: Communicating the urgency and challenge of global climate change. Environment, 46, 10, 32–46.Google Scholar
Mukerjee, M. (2003). Greenhouse suits: Litigation becomes a tool against global warming. Scientific American, 288, 2, 14–15.
Revkin, A. (2005). U.S. rapped for stance on climate. The New York Times, December 8. Available at: http://www.iht.com/articles/2005/12/08/news/climate.php; accessed January 3, 2006.Google Scholar
Sax, J. L. (1998). Defending the environment: A strategy for citizen action. In Law and the Environment: A Multidisciplinary Reader, eds. Percival, R. V. and Alevizatos, D. C.Philadelphia, PA: Temple University Press, pp. 300–5.Google Scholar
Strauss, A. L. (2003). The legal option: Suing the United States in international forums for global warming emissions. Environmental Law Reporter, 33, 10185–91.Google Scholar
Central Valley Chrysler-Jeep, Inc. v. Witherspoon, No. CIV-04-6663 REC LJO (E.D. Cal. 2004)
Connecticut v. American Electric Power Co., Inc., 04 Civ. 5669 (LAP), 04 Civ. 5670 (LAP), (S.D.N.Y. 2005); WL 2249748.
Friends of the Earth v. Watson, No. C 02-4106 JSW 2002, N.D. Cal.
Massachusetts v. United States Environmental Protection Agency. 126 S. Ct. 2960 (2006).
Massachusetts v. United States Environmental Protection Agency. No. 03-1361 (and consolidated cases) (D.C. Cir. 2003).
Sindell v. Abbott Laboratories, 607. P.2d 924 (Cal. 1980).
Administrative Procedures Act, 5 U.S.C. §§ 551 et seq.
Clean Air Act, 42 U.S.C. §§ 7401 et seq.
National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq.

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