On California, Climate Justice, and the Crucial Role of State Courts

by David Flores | November 12, 2019

As Californians endure yet another round of devastating wildfires, they are rightly wondering if blazes of such frequency and reach are the new normal. The hard truth is that they may very well be. The fingerprints of climate change are all over this disaster, as they have been all over recent hurricane damage, and the trendline is unmistakable. With that in mind, a new report from the Center for Progressive Reform takes a look at the situation in the Golden State and elsewhere and highlights the crucial role state courts play in securing justice for those harmed by climate change.

Just as climate change heats the ocean’s waters, thus increasing the intensity of storms, it also helps drive the drought, wind, and vegetation conditions that provide the fuel and fan the flames of larger and more intense wildfires. Tracing the climate crisis back to its corporate industrial roots, a half dozen California cities and counties and a regional commercial fishing association are pursuing tort lawsuits in state courts to hold dozens of fossil fuel producers accountable for their contributions to global climate change. They're seeking compensation for the regional climate impacts already felt by California residents and businesses, which threaten the state’s coastal and inland communities and its agricultural, fishing, and other economies.

Sadly but not surprisingly, the most socially and economically vulnerable Californians are suffering the most harm from state and federal inaction on the ...

A Meditation on Juliana v. United States

by Lisa Heinzerling | June 17, 2019
In a recent essay posted to SSRN, I try to see, and to appreciate, the wisdom in a species of climate litigation that has many detractors. This litigation asks the courts to hold the government and private parties judicially accountable for their active promotion and pursuit of climate-endangering activities, even after they knew better – even after they knew the terrible risks we faced if they continued on their preferred course. It calls upon venerable legal doctrines, deployed as modern ...

What's Wrong with Juliana (and What's Right?)

by Daniel Farber | January 22, 2019
Originally published on Legal Planet. Juliana v. United States, often called the "children's case," is an imaginative effort to make the federal government responsible for its role in promoting the production and use of fossil fuels and its failure to control carbon emissions. The plaintiffs ask the court to "declare [that] the United States' current environmental policy infringes their fundamental rights, direct the agencies to conduct a consumption-based inventory of United States CO2 emissions," and use that inventory to "prepare and ...
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Time for Real Action on Global Warming

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