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Overview of Climate Change Litigation

Published online by Cambridge University Press:  31 December 2019

Michael Gerrard
Michael Gerrard*
Affiliation:
Columbia Law School; Founder and Director, Sabin Center for Climate Change Law.
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Extract

Climate change litigation is a global phenomenon. According to a database maintained by the Sabin Center for Climate Change Law, as of February 4, 2019 a total of 1,297 climate cases had been filed in courts or other tribunals worldwide. Of these, 1,009—78 percent—were from the United States, Australia was a distant second, with ninety-eight, followed by the United Kingdom with forty-seven. No other country had as many as twenty. The cases were filed in twenty-nine countries and six international tribunals, led by the Court of Justice of the European Union, which had forty-one.

Type
Litigating Climate Change: New Legal Challenges
Information
Proceedings of the ASIL Annual Meeting , Volume 113 , 2019 , pp. 194 - 197
Copyright
Copyright © 2019 by The American Society of International Law

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References

1 Sabin Center, Non-U.S. Climate Change Litigation, at http://climatecasechart.com/non-us-climate-change-litigation.

2 Sabin Center, U.S. Climate Change Litigation, at http://climatecasechart.com/us-climate-change-litigation.

3 549 U.S. 497 (2007).

4 Coalition for Responsible Regulation v. EPA, 684 F.3d 102 (D.C. Cir. 2012), aff'd in part, rev'd in part sub nom. Utility Air Regulatory Group v. EPA, 134 S.C. 2427 (S. Ct. 2014).

5 Utility Air Regulatory Group v. EPA, 134 S.C. 2427 (S. Ct. 2014).

6 Coalition for Responsible Regulation, supra note 4.

7 Chamber of Commerce v. EPA et al., No. 15A787 (136 S. Ct. 2016).

8 564 U.S. 410 (2011).

9 696 F.3d 849 (9th Cir. 2012).

10 City of New York v. BP p.l.c., No. 18-2188 (N.Y.2d, 2018); People of the State of California (Oakland, San Francisco) v. BP P.L.C et al., No. 3:2017cv06012 (N.D. Cal. 2018).

11 See, e.g., Exxon Mobil Corp. v. Schneiderman, 316 F.Supp.3d 679 (S.D.N.Y. 2018); Exxon Mobil Corp. v. Attorney General, 479 Mass. 312 (2018), cert. den. (2019).