Strategies in and outcomes of climate change litigation in the United States

The courts have played a central role in climate policy, including the landmark Supreme Court case that led to the mandatory regulation of greenhouse gases by the United States. A wide variety of litigants have used the courts to affect policy outcomes at all scales. Therefore, to understand how the...

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Bibliographic Details
Published in:Nature climate change 2018-09, Vol.8 (9), p.829-833
Main Authors: McCormick, Sabrina, Glicksman, Robert L., Simmens, Samuel J., Paddock, LeRoy, Kim, Daniel, Whited, Brittany
Format: Article
Language:English
Subjects:
704/844/682
706/689/222
706/689/280
Climate Change
Climate Change/Climate Change Impacts
Climate policy
Climate science
Coal
Coal-fired power plants
Earth and Environmental Science
Electric power generation
Energy efficiency
Environment
Environmental Law/Policy/Ecojustice
Environmental management
Environmental policy
Fossil fueled power plants
Gases
Greenhouse effect
Greenhouse gases
Litigation
Power plants
Qualitative analysis
Renewable energy
Renewable resources
Resource management
Supreme courts
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Summary:The courts have played a central role in climate policy, including the landmark Supreme Court case that led to the mandatory regulation of greenhouse gases by the United States. A wide variety of litigants have used the courts to affect policy outcomes at all scales. Therefore, to understand how the court addresses climate change is critical. Here we constructed and analysed a database of all the United State domestic climate lawsuits 1990–2016 (873), and collected qualitative data in the form of 78 in-depth interviews with litigants, involved scientists and advocates. We find proregulation litigants tend to win renewable energy and energy efficiency cases, and more frequently lose coal-fired power plant cases. Strategies such as the use of climate science and other science as well as collaboration in specific types of coalitions affect the outcomes of cases. Efforts to affect climate policy should consider these trends and outcomes. Climate issues are increasingly being presented before the courts, with both pro- and anti-regulation litigants aiming to affect policy outcomes. Analysis of domestic US climate lawsuits and interview data reveals the type of case and the strategies that succeed.
ISSN:1758-678X
1758-6798
DOI:10.1038/s41558-018-0240-8