Climate Litigation

The Issue

The judicial branch is increasingly faced with cases relating to climate change damages and policy. The role of the judicial branch in climate change policy has been expanding as lawsuits have proliferated over recent years. For example, the judicial branch has an important role in federal climate policy, including Supreme Court decisions such as Massachusetts v. EPA. Climate-related court cases have involved a range of federal statutes (e.g. the Clean Air Act, Endangered Species and Other Wildlife Protection Statutes, Clean Water Act and the National Environmental Policy Act), constitutional claims, state law claims, common law claims, public trust claims and securities and financial regulations. These cases often involve consideration of climate science and health information, but there is also as often a disconnect between scientific evidence and how that information is used in judicial settings.

Our Experts

Carlos Santos Burgoa
Professor of Global Health
GW Milken Institute School of Public Health

Robert Glicksman
J. B. and Maurice C. Shapiro Professor of Environmental Law
GW Law School