Strategies in and outcomes of climate change litigation in the United States

Sabrina McCormick (), Robert L. Glicksman, Samuel J. Simmens, LeRoy Paddock, Daniel Kim and Brittany Whited
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Sabrina McCormick: The George Washington University
Robert L. Glicksman: The George Washington University Law School
Samuel J. Simmens: The George Washington University
LeRoy Paddock: The George Washington University Law School
Daniel Kim: The George Washington University
Brittany Whited: New York University School of Law

Nature Climate Change, 2018, vol. 8, issue 9, 829-833

Abstract: Abstract The courts have played a central role in climate policy, including the landmark Supreme Court case that led to the mandatory regulation of greenhouse gases by the United States. A wide variety of litigants have used the courts to affect policy outcomes at all scales. Therefore, to understand how the court addresses climate change is critical. Here we constructed and analysed a database of all the United State domestic climate lawsuits 1990–2016 (873), and collected qualitative data in the form of 78 in-depth interviews with litigants, involved scientists and advocates. We find proregulation litigants tend to win renewable energy and energy efficiency cases, and more frequently lose coal-fired power plant cases. Strategies such as the use of climate science and other science as well as collaboration in specific types of coalitions affect the outcomes of cases. Efforts to affect climate policy should consider these trends and outcomes.

Date: 2018
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DOI: 10.1038/s41558-018-0240-8

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