Backlogs prevent swift climate action from the courts—preventing delays is VITAL
Becky Hunter 23, J.D. Candidate, University of California, Berkeley, School of Law, 2024, “A California Environmental Court to Adjudicate Climate Change”, Ecology Law Quarterly, Vol. 50, 2023, https://ecologylawquarterly.org/print/a-california-environmental-court-to-adjudicate-climate-change/#:~:text=This%20court%20would%20have%20jurisdiction, arise%20in%20climate%20adaptation%20suits, 2023
First, a California environmental court to adjudicate climate change is politically feasible. There is public demand for enhanced environmental accountability as Californians generally support state climate action.181 Fiftyfour percent of Californians say it is important that the state is a world leader in fighting climate change,182 most Californians support state efforts to address global warming and would support such action even if costly,183 and California has led the nation in progressive climate laws and policies.184 State agencies and the legislature are committed to fighting climate change in innovative ways.185
Second, California has an extensive workforce of environmentally trained judges and lawyers to populate the new court, including the state court judges trained to adjudicate CEQA cases. Third, traditional courts have provided no assurance that they can adequately decide climate suits on the merits. Given the rapid pace of climate change, a new venue should be designed to handle related litigation. California will continue to be hit hard by the devastating effects of climate change. Litigation like San Mateo will proliferate in California, so the state needs a dedicated court to receive this influx and prevent a backlog in the system.