Article
Judicial Remedies for Climate Disruption
Environmental Law Reporter
(2023)
Abstract
This paper focuses on climate change cases that seek science-based remedies specifically related to climate mitigation (i.e., actions to reduce greenhouse gas emissions or draw down atmospheric carbon), and climate-change adaptation (i.e., actions to reduce the negative impacts of climate disruption on human and natural communities). It focuses on the forms and terms of relief sought by plaintiffs or petitioners.
This paper provides an overview of remedies most commonly sought in climate change litigation, and a few that are less commonly sought. They are: 1) injunctive relief, 2) writ of mandamus, 3) declaratory relief, 4) remand, 5) vacatur, 6) damages, 7) civil penalties, 8) accounting, and 9) award of costs and attorney fees. We focus on U.S. cases, both federal and state, with some references to key decisions rendered in other countries for comparative purposes. We conclude that litigants and courts are capable of crafting remedies to address GHG emissions and climate change adaptation without getting bogged down in judicial management and enforcement issues.
Keywords
- climate change,
- litigation,
- remedies,
- greenhouse gas emissions,
- climate change mitigation,
- climate change adaptation,
- constitutional law
Disciplines
- Law and
- Environmental Law
Publication Date
2023
Citation Information
John C. Dernbach and Patrick A. Parenteau. "Judicial Remedies for Climate Disruption" Environmental Law Reporter Vol. 53 (2023) p. 10574 Available at: http://works.bepress.com/john_dernbach/174/