23
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
L. Westra et al. (eds.), Ecological Integrity in Science and Law,
https://doi.org/10.1007/978-3-030-46259-8_3
Climate Science Before the Courts:
Turning the Tide in Climate Change
Litigation
Matteo Fermeglia
Abstract This chapter aims at shedding a light on the pivotal role played by climate science within the ramping climate justice debate. By examining three different cases held at different latitudes, it wishes to explain how climate science has
been successfully employed in climate litigation to establish State’s responsibility
for more ambitious policies; to determine bans on carbon-intensive infrastructures;
to establish patterns of liability for climate-related damages. In this regard, this
contribution champions climate science as a fundamental stepping-stone towards
judicial law-making amidst the climate crisis.
1 Introduction
Courts are increasingly opening the gate to climate change. As of 2017, more than
850 climate change cases had been filed in 24 countries (including the European
Union), which altogether contribute to what has now been widely acknowledged as
a specific and self-standing branch of litigation, namely climate change litigation
(UNEP 2017). More specifically, the notion of climate change litigation encompasses “any piece of federal, state, tribal, or local administrative or judicial litigation
in which the […] tribunal decisions directly and expressly raise an issue of fact or
law regarding the substance or policy of climate change causes and impacts”
(Markell and Ruhl 2012, p. 27). Within such conceptual framework, three main
categories of claims can be identified, which will also operate as a blueprint for the
present inquiry:
• Litigation brought against States (or public authorities) for failing to adequately
tackle climate change (pro-regulatory litigation);
M. Fermeglia (*)
Hasselt University, Faculty of Law, Hasselt, Belgium
e-mail: matteo.fermeglia@uhasselt.be
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to
Springer Nature Switzerland AG 2020
L. Westra et al. (eds.), Ecological Integrity in Science and Law,
https://doi.org/10.1007/978-3-030-46259-8_3
Climate Science Before the Courts:
Turning the Tide in Climate Change
Litigation
Matteo Fermeglia
Abstract This chapter aims at shedding a light on the pivotal role played by climate science within the ramping climate justice debate. By examining three different cases held at different latitudes, it wishes to explain how climate science has
been successfully employed in climate litigation to establish State’s responsibility
for more ambitious policies; to determine bans on carbon-intensive infrastructures;
to establish patterns of liability for climate-related damages. In this regard, this
contribution champions climate science as a fundamental stepping-stone towards
judicial law-making amidst the climate crisis.
1 Introduction
Courts are increasingly opening the gate to climate change. As of 2017, more than
850 climate change cases had been filed in 24 countries (including the European
Union), which altogether contribute to what has now been widely acknowledged as
a specific and self-standing branch of litigation, namely climate change litigation
(UNEP 2017). More specifically, the notion of climate change litigation encompasses “any piece of federal, state, tribal, or local administrative or judicial litigation
in which the […] tribunal decisions directly and expressly raise an issue of fact or
law regarding the substance or policy of climate change causes and impacts”
(Markell and Ruhl 2012, p. 27). Within such conceptual framework, three main
categories of claims can be identified, which will also operate as a blueprint for the
present inquiry:
• Litigation brought against States (or public authorities) for failing to adequately
tackle climate change (pro-regulatory litigation);
M. Fermeglia (*)
Hasselt University, Faculty of Law, Hasselt, Belgium
e-mail: matteo.fermeglia@uhasselt.be