Article
Climate Change and the Political Question Doctrine
Constitutional Law Committee Newsletter
(2008)
Abstract
Climate change, as Chief Justice Roberts observes in his dissenting opinion in Massachusetts v. EPA, “maybe a crisis, even the most pressing environmental problem of our time.” Massachusetts v. EPA, 127 S. Ct. 1438 (2007) (Roberts, J., dissenting) (internal quotations omitted). Who pays? Who knows? To date, Congress and the states have not enacted legislation to compensate states, landowners, and others for the consequences of climate change, including flooding, reduced property values, and increased health care expenses. Thus, common law— particularly public nuisance causes of action—may help distribute compliance costs equitably.
Keywords
- environmental law,
- constitutional law,
- political question doctrine
Disciplines
- Environmental Law and
- Law
Publication Date
July, 2008
Citation Information
James R. May. "Climate Change and the Political Question Doctrine" Constitutional Law Committee Newsletter Vol. 4 Iss. 3 (2008) Available at: http://works.bepress.com/james_may/45/