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"Paddock, LeRoy"
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Strategies in and outcomes of climate change litigation in the United States
The courts have played a central role in climate policy, including the landmark Supreme Court case that led to the mandatory regulation of greenhouse gases by the United States. A wide variety of litigants have used the courts to affect policy outcomes at all scales. Therefore, to understand how the court addresses climate change is critical. Here we constructed and analysed a database of all the United State domestic climate lawsuits 1990–2016 (873), and collected qualitative data in the form of 78 in-depth interviews with litigants, involved scientists and advocates. We find proregulation litigants tend to win renewable energy and energy efficiency cases, and more frequently lose coal-fired power plant cases. Strategies such as the use of climate science and other science as well as collaboration in specific types of coalitions affect the outcomes of cases. Efforts to affect climate policy should consider these trends and outcomes.
Journal Article
The Role of Health in Climate Litigation
Objectives. To examine how the courts, which play a critical role in shaping public policy, consider public health in climate change and coal-fired power plant lawsuits. Methods. We coded US local, state, and federal court decisions relating to climate change and coal-fired power plants from 1990 to 2016 (n = 873) and qualitatively investigated 139 cases in which litigants raised issues concerning the health impacts of climate change. We also conducted 78 interviews with key litigants, advocates, industry representatives, advising scientists, and legal experts. Results. Health has been a critical consideration in key climate lawsuits, but in a minority of cases. Litigants have presented health arguments most frequently and effectively in terms of airborne exposures. Health impacts have typically been used to gain standing and argue that the evidence for government actions is insufficient. Conclusions. The courts represent a pivotal branch of government in shaping climate policy. Increasing inclusion of health concerns in emergent areas of litigation could help drive more effective climate policymaking.
Journal Article
Science in litigation, the third branch of U.S. climate policy
The context and role of climate science in court are changing Whereas the executive and legislative branches are the principal repositories of policy-making authority in the United States, decisions in the judicial branch have and promise to continue having an influence on activities responsible for greenhouse gas (GHG) emissions, energy development, and a wide range of other government policy. The courts are a central avenue for development of climate-related policy in the United States. Yet we know few details about whether and how climate science plays a role in such judicial responses. We suggest that the role of science is changing, that novel legal theories are emerging, and that litigation is likely to continue to increase.
Journal Article
Editorial
Examples include California extending its greenhouse gas (GHG) cap and trade program, the decision by 13 states and Puerto Rico to join the US Climate Alliance1 created by Governors Cuomo (New York), Inslee (Washington), and Brown (California) to support state efforts to meet the Paris commitments, and the decision of the Regional Greenhouse Gas Initiative2 involving nine Northeastern and Mid-Atlantic states to lower the cap on GHG emissions from power plants in the region.[...]the Administration has backed away from international commitments to help less developed countries finance changes needed to mitigate, adapt to, or recover from the impacts of climate change.[...]Charles DiLeva looks at the implications of the Trump Administrations climate policy on climate finance.
Journal Article
ENVIRONMENTAL ENFORCEMENT AT THE TURN OF THE CENTURY
Since the mid-1980s, Congress and state legislatures have passed numerous environmental protection statutes. Agencies will have to cope with the increased workload created by these statutes by developing new enforcement techniques and strategies. A comparison with the Dutch enforcement system shows that increasing the role of local governments will help promote new enforcement schemes. Other methods for coping with the new workload will include increased reliance on criminal penalties, citizen enforcement efforts, field citations, strategic planning, and administrative penalty orders.
Journal Article
Collaborative Problem Solving in Minnesota
CAM originally focused on reducing volatile organic compounds and nitrogen oxide emissions (ozone precursors) so that air quality in the Twin Cities region would continue to meet federal Clean Air Act standards. Since its founding in 2001, CAM has grown to encompass one of the leading diesel retrofit programs in the country - Project Green Fleet - that is well on its way to installing pollution control equipment on all eligible diesel school buses in Minnesota.
Magazine Article
