Climate Change in Court: New Trends and Legal Grounds

Around the world, activists are turning to the courts to hold major polluters accountable for climate change. This recently played out in the United States. Young plaintiffs in Montana successfully presented scientific evidence that connects the states’ greenhouse gas emissions to environmental harm.

Many legal experts say the case, Montana v. Held, is another major development for climate litigation. Other cases playing out across the globe show the courts could be a way to reduce CO2 emissions in the private sector. 

So, what are some of the other major legal cases aimed at fighting climate change? And how could they impact the push to reduce global emissions? 

This week, host Bill Loveless talks with Michael Gerrard about current trends in global climate change litigation, including the expanding range of legal theories that are being applied.

Michael is the founder and faculty director of Columbia’s Sabin Center for Climate Change Law, where he writes and teaches courses on environmental law, climate change law, and energy regulation. He was the chair of the faculty of Columbia University’s Earth Institute from 2015 to 2018. Before joining Columbia in 2009, Michael practiced environmental law in New York for three decades.

The Sabin Center maintains a database that tracks climate change litigation around the world. As of December 31, 2022, the database included 2,180 cases. In addition, the Sabin Center and the UN Environment Program recently issued the 2023 “Global Climate Litigation Report,” which takes into account information from that database.