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

Author

Listed:
  • Sabrina McCormick

    (The George Washington University)

  • Robert L. Glicksman

    (The George Washington University Law School)

  • Samuel J. Simmens

    (The George Washington University)

  • LeRoy Paddock

    (The George Washington University Law School)

  • Daniel Kim

    (The George Washington University)

  • Brittany Whited

    (New York University School of Law)

Abstract

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.

Suggested Citation

  • Sabrina McCormick & Robert L. Glicksman & Samuel J. Simmens & LeRoy Paddock & Daniel Kim & Brittany Whited, 2018. "Strategies in and outcomes of climate change litigation in the United States," Nature Climate Change, Nature, vol. 8(9), pages 829-833, September.
  • Handle: RePEc:nat:natcli:v:8:y:2018:i:9:d:10.1038_s41558-018-0240-8
    DOI: 10.1038/s41558-018-0240-8
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    Cited by:

    1. Shaikh Eskander & Sam Fankhauser & Joana Setzer, 2021. "Global Lessons from Climate Change Legislation and Litigation," Environmental and Energy Policy and the Economy, University of Chicago Press, vol. 2(1), pages 44-82.
    2. Ryan Gunderson & Claiton Fyock, 2022. "Are fossil fuel CEOs responsible for climate change? Social structure and criminal law approaches to climate litigation," Journal of Environmental Studies and Sciences, Springer;Association of Environmental Studies and Sciences, vol. 12(2), pages 378-385, June.

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