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Filling the evidentiary gap in climate litigation

Author

Listed:
  • Rupert F. Stuart-Smith

    (University of Oxford
    University of Oxford
    University of Oxford)

  • Friederike E. L. Otto

    (University of Oxford
    University of Oxford)

  • Aisha I. Saad

    (University of Oxford
    Harvard Law School, Harvard University)

  • Gaia Lisi

    (University of Oxford
    University of Oxford)

  • Petra Minnerop

    (Durham University)

  • Kristian Cedervall Lauta

    (University of Copenhagen)

  • Kristin Zwieten

    (University of Oxford
    University of Oxford)

  • Thom Wetzer

    (University of Oxford
    University of Oxford
    University of Oxford)

Abstract

Lawsuits concerning the impacts of climate change make causal claims about the effect of defendants’ greenhouse gas (GHG) emissions on plaintiffs and have proliferated around the world. Plaintiffs have sought, inter alia, compensation for climate-related losses and to compel governments to reduce their GHG emissions. So far, most of these claims have been unsuccessful. Here we assess the scientific and legal bases for establishing causation and evaluate judicial treatment of scientific evidence in 73 lawsuits. We find that the evidence submitted and referenced in these cases lags considerably behind the state of the art in climate science, impeding causation claims. We conclude that greater appreciation and exploitation of existing methodologies in attribution science could address obstacles to causation and improve the prospects of litigation as a route to compensation for losses, regulatory action and emission reductions by defendants seeking to limit legal liability.

Suggested Citation

  • Rupert F. Stuart-Smith & Friederike E. L. Otto & Aisha I. Saad & Gaia Lisi & Petra Minnerop & Kristian Cedervall Lauta & Kristin Zwieten & Thom Wetzer, 2021. "Filling the evidentiary gap in climate litigation," Nature Climate Change, Nature, vol. 11(8), pages 651-655, August.
    • Handle: RePEc:nat:natcli:v:11:y:2021:i:8:d:10.1038_s41558-021-01086-7
    DOI: 10.1038/s41558-021-01086-7
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    Cited by:

    1. Ghosh, Sumita, 2021. "Urban agriculture potential of home gardens in residential land uses: A case study of regional City of Dubbo, Australia," Land Use Policy, Elsevier, vol. 109(C).
    2. Diekert, Florian & Goeschl, Timo & König-Kersting, Christian, 2024. "The Behavioral Economics of Extreme Event Attribution," Working Papers 0741, University of Heidelberg, Department of Economics.
    3. Rebecca Newman & Ilan Noy, 2023. "The global costs of extreme weather that are attributable to climate change," Nature Communications, Nature, vol. 14(1), pages 1-13, December.
    4. Christopher W. Callahan & Justin S. Mankin, 2022. "National attribution of historical climate damages," Climatic Change, Springer, vol. 172(3), pages 1-19, June.
    5. Friederike E. L. Otto & Petra Minnerop & Emmanuel Raju & Luke J. Harrington & Rupert F. Stuart‐Smith & Emily Boyd & Rachel James & Richard Jones & Kristian C. Lauta, 2022. "Causality and the fate of climate litigation: The role of the social superstructure narrative," Global Policy, London School of Economics and Political Science, vol. 13(5), pages 736-750, November.
    6. Tafone, Alessio & Raj Thangavelu, Sundar & Morita, Shigenori & Romagnoli, Alessandro, 2023. "Design optimization of a novel cryo-polygeneration demonstrator developed in Singapore – Techno-economic feasibility study for a cooling dominated tropical climate," Applied Energy, Elsevier, vol. 330(PB).

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