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Regulating climate change in the courts

In: Trends in Climate Change Legislation

Author

Listed:
  • Joana Setzer
  • Mook Bangalore

Abstract

Chapter 9 relates climate legislation, which is passed by parliaments, to climate litigation, which is pursued through the courts. Using data from 25 countries, the chapter documents how the judiciary is playing an increasingly active role in climate policy, both complementing and in some cases substituting for national legislation. The majority of climate litigation cases fall into one of three categories. In the first category, climate change is at the periphery of the argument. A second category of cases deals with administrative matters related to specific projects. Only in the third category are climate change concerns at the core of the case, and these cases divide equally into lawsuits oriented towards climate policies and legislation, information and disclosure, and loss and damage. Looking at the outcomes of litigation cases, the chapter finds that the courts have so far tended to enhance, rather than curtail, climate change regulation, confirming the important role of courts in regulating climate change.

Suggested Citation

  • Joana Setzer & Mook Bangalore, 2017. "Regulating climate change in the courts," Chapters, in: Alina Averchenkova & Sam Fankhauser & Michal Nachmany (ed.), Trends in Climate Change Legislation, chapter 9, pages 175-192, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:17582_9
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    Cited by:

    1. Shaikh Eskander & Sam Fankhauser & Joana Setzer, 2021. "Global Lessons from Climate Change Legislation and Litigation," Environmental and Energy Policy and the Economy, University of Chicago Press, vol. 2(1), pages 44-82.
    2. Henry Jiménez Guanipa & Natalia Castro Niño & Wilfredo Robayo Galvis, 2020. "Emergencia climática : Prospectiva 2030 : XXI Jornadas de Derecho Constitucional. Constitucionalismo en transformación. Prospectiva 2030," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1273.

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