Climate change litigation in the USA

Abstract

Although the USA is the world's largest producer of greenhouse gas emissions, the federal government refuses to implement regulations to limit emissions. This lack of action has led to numerous climate change related lawsuits against the US federal government and government-funded agencies. This paper outlines six of these lawsuits, including litigation filed by non-governmental organizations (NGOs), US Attorney Generals, cities, and institutions. The controversial results of one of the cases was a declaration by the US Environmental Protection Agency (EPA) stating that CO2 is not an air pollutant and cannot be regulated under the Clean Air Act (CAA). This decision produced volatile responses from many stakeholders, including petitions from State Attorney Generals both opposing and supporting this decision. The 12 opposing State Attorney Generals along with numerous NGOs legally challenged the EPA's decision; court sessions regarding the case began in early April 2005. Even with the pressure from climate change litigation, there has still been no regulation of greenhouse gas emissions by the US federal government. However, through cases that have yet to be resolved, in particular the above-mentioned lawsuit, there is hope that the White House will finally act to reduce the United States' impact on climate change.