TY - JOUR
T1 - The unsexy future of climate change litigation
AU - Bouwer, Kim
N1 - This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Environmental Law following peer review. The version of record Bouwer, K. (2018). The unsexy future of climate change litigation. Journal of Environmental Law. DOI: 10.1093/jel/eqy017 is available online at: https://doi.org/10.1093/jel/eqy017
PY - 2018/7/19
Y1 - 2018/7/19
N2 - This article starts the task of expanding the concept of climate change litigation. It argues that a preoccupation with high-profile cases, can divert attention from other important issues litigated within the broader climate change context. The article highlights four key and interrelated considerations that would inform a future conception of climate change litigation. First, climate litigation occurs across scales, and smaller cases at lower levels of governance are as important as more high-profile cases, for myriad reasons. Second, climate change litigation can engage all elements of a good climate response, not just emissions abatement. Third, the extent of private law’s potential contribution, tends to be overlooked. Fourth, ignoring ‘invisible’ climate change cases – or invisible issues within those cases - can result in perilous consequences for climate change policy. Illuminating the implications of all climate cases across scales is fundamental for coherent policy. In addition, this broader conception can support strategic choices.
AB - This article starts the task of expanding the concept of climate change litigation. It argues that a preoccupation with high-profile cases, can divert attention from other important issues litigated within the broader climate change context. The article highlights four key and interrelated considerations that would inform a future conception of climate change litigation. First, climate litigation occurs across scales, and smaller cases at lower levels of governance are as important as more high-profile cases, for myriad reasons. Second, climate change litigation can engage all elements of a good climate response, not just emissions abatement. Third, the extent of private law’s potential contribution, tends to be overlooked. Fourth, ignoring ‘invisible’ climate change cases – or invisible issues within those cases - can result in perilous consequences for climate change policy. Illuminating the implications of all climate cases across scales is fundamental for coherent policy. In addition, this broader conception can support strategic choices.
KW - climate change litigation
KW - climate change policy
KW - mitigation
KW - multilevel governance
KW - private law
U2 - 10.1093/jel/eqy017
DO - 10.1093/jel/eqy017
M3 - Article
SN - 0952-8873
JO - Journal of Environmental Law
JF - Journal of Environmental Law
ER -