We explore the role of tort litigation in addressing the global climate crisis, including how it compares with other legal avenues such as administrative environmental law. An early wave of tort litigation involving public nuisance claims under federal common law has ended, and more recently there has been a growing number of climate change tort claims based on public nuisance and fraud under state common law. The more recent wave of climate change tort litigation shows some promise while also facing many obstacles in the courtroom. Even so, without the support of Congress and the White House in enacting and enforcing new climate change legislation, climate change tort litigation will have to continue to play a leading role, including by drawing attention to the issue to help inspire broader social change.
Thank you to our interviewees: Ben Franta, Matt Pawa, and Professor Jody Freeman.
