Climate litigation solves—both mitigation and adaption measures
Maria L. Banda 17, international lawyer, Graham Fellow at the University of Toronto Faculty of Law, a member of the World Commission on Environmental Law, and a Visiting Attorney at the Environmental Law Institute, and Scott Fulton, President of the Environmental Law Institute and a member of the United Nations Environment Programme's International Advisory Council on Environmental Justice, former U.S. Environmental Protection Agency General Counsel, Environmental Appeals Judge, environmental prosecutor, and environmental diplomat, “Litigating Climate Change in National Courts: Recent Trends and Developments in Global Climate Law”, Environmental Law Reporter News & Analysis, 47(2), 10121-10134, HeinOnline, 2017
As shown below, climate litigation in national courts has gone beyond the traditional confines of environmental litigation-such as air and water pollution, or environmental impact assessments (EJAs)-to include a variety of disputes addressing climate change issues both directly and indirectly: lawsuits over constitutional rights to life, the rights of future generations, climate treaty commitments, and climate-resilient zoning regulations. These disputes can broadly be categorized as (a) litigation involving climate mitigation measures-efforts designed to reduce or prevent emissions of greenhouse gases (GHGs), and (b) litigation involving climate adaptation measures-efforts designed to build resilience and reduce the negative impacts of climate change on communities and ecosystems.