The science is undeniable and the activism is unavoidable. The effects of climate change are putting human health at risk and endangering coastal infrastructure as sea levels rise to dangerous heights. In response, local governments have taken to tort law, seeking remedies against fossil fuel companies based on a theory of public nuisance. But can any more be done? We sat down with Hana Vizcarra, Jared Knicley, and Richard Lazarus to discuss the role tort law could play in addressing climate change through suits brought by private, rather than public, plaintiffs. Tracing the successful model of the Big Tobacco litigation of the late 1990s, we explore the obstacles private tort suits would be forced to overcome in demonstrating actionable harm. Even if this pattern of tort suit ultimately fails in solving the climate crisis, perhaps it can succeed in molding the application of tort law for the better.
Thank you to our interviewees: Hana Vizcarra, Jared Knicley, and Professor Richard Lazarus.
