Filling the evidentiary gap in climate litigation
File(s)Litigation_paper_final.docx (109 KB)
Accepted version
Author(s)
Type
Journal Article
Abstract
Lawsuits concerning the impacts of climate change make causal claims about the effect of defendants’ greenhouse gas (GHG) emissions on plaintiffs and have proliferated around the world. Plaintiffs have sought, inter alia, compensation for climate-related losses and to compel governments to reduce their GHG emissions. So far, most of these claims have been unsuccessful. Here we assess the scientific and legal bases for establishing causation and evaluate judicial treatment of scientific evidence in 73 lawsuits. We find that the evidence submitted and referenced in these cases lags considerably behind the state of the art in climate science, impeding causation claims. We conclude that greater appreciation and exploitation of existing methodologies in attribution science could address obstacles to causation and improve the prospects of litigation as a route to compensation for losses, regulatory action and emission reductions by defendants seeking to limit legal liability.
Date Issued
2021-08
Date Acceptance
2021-05-26
Citation
Nature Climate Change, 2021, 11 (8), pp.651-655
ISSN
1758-678X
Publisher
Springer Science and Business Media LLC
Start Page
651
End Page
655
Journal / Book Title
Nature Climate Change
Volume
11
Issue
8
Copyright Statement
© 2021 Springer-Verlag. The final publication is available at Springer via https://doi.org/10.1038/s41558-021-01086-7
Identifier
https://www.nature.com/articles/s41558-021-01086-7
Subjects
0401 Atmospheric Sciences
0406 Physical Geography and Environmental Geoscience
0502 Environmental Science and Management
Publication Status
Published
Date Publish Online
2021-06-28