Attribution science and litigation: facilitating effective legal arguments and strategies to manage climate change damages

Abstract:

Growing number of lawsuits seek to use the courts to bring action on climate change. The objectives of these lawsuits include compelling governments and corporates to reduce greenhouse gas emissions, preventing the financing and construction of high-emitting infrastructure, and ensuring businesses and banks disclose their exposure to financial risks associated with climate change. A subset of these cases makes claims relating to climate change impacts. In most of these cases, plaintiffs (1) seek compensatory damages for losses incurred as a result of defendants’ greenhouse gas emissions (‘damage liability cases’), or (2) ask courts to compel defendants, primarily governments or corporations, to reduce emissions. These cases therefore hinge on courts finding that a causal relationship exists between the defendants’ emissions and the plaintiffs’ losses (typically to determine standing in the latter category).