Impact of Climate Change on Environmental Litigation

The impact of climate change on environmental litigation is an important and growing area of law. As the effects of climate change become more pronounced, litigation seeking to hold parties responsible for damages caused by climate change is likely to increase.

There are a number of different legal theories that could be used in environmental litigation arising from climate change. These include common law theories of negligence and nuisance, as well as statutory claims under environmental statutes.

Theories of Liability:

Negligence:

One theory of liability that could be used in climate change litigation is negligence. A plaintiff could allege that a defendant was negligent in causing or contributing to climate change and that as a result, the plaintiff has suffered damages. To succeed in a negligence claim, a plaintiff would need to show that the defendant owed a duty of care to the plaintiff, that the defendant breached that duty, and that the breach of duty caused the plaintiff’s damages. This page learn more Environmental Litigation website.

Nuisance:

Another theory of liability that could be used in climate change litigation is a nuisance. A plaintiff could allege that a defendant’s actions have created a public or private nuisance and that as a result, the plaintiff has suffered damages. To succeed in a nuisance claim, a plaintiff would need to show that the defendant’s actions were unreasonable and that they caused the plaintiff to suffer some type of harm.

Potential Defendants:

There are a number of potential defendants who could be sued in environmental litigation arising from climate change. These include companies that emit greenhouse gases, governments that have failed to take action to address climate change, and even individuals who have contributed to climate change through their actions.

 Possible Damages:

Damages in environmental litigation arising from climate change could include economic damages, such as lost property value or lost income, as well as noneconomic damages, such as pain and suffering. In some cases, punitive damages may also be available. In the context of climate change litigation, “damages” may refer to compensatory damages, which are designed to compensate the plaintiff for the harm caused by the defendant’s conduct. Damages may also include noneconomic damages such as pain and suffering, which may be designed to address harms that are not readily quantifiable or measurable in monetary terms.

 Conclusion:

The impact of climate change on environmental litigation is an important and growing area of law. As the effects of climate change become more pronounced, litigation seeking to hold parties responsible for damages caused by climate change is likely to increase.