A Changing Climate of Litigation

Abstract

Frustrated by perceived federal reticence to act on the growing scientific evidence of climate change, state governments and environmentalists are increasingly turning their attention to the courts. Broad consensus has developed about the reality and seriousness of global warming, but neither the Bush administration nor Congress has yet responded with meaningful action. The result is a situation that is ripe for litigation. Plaintiffs have emerged, suing corporations on the grounds that their greenhouse gas emissions are causing undue harm and suing governments for failing to regulate the corporations. In addition, industry has responded with countersuits of its own.