Ben Batros, ‘Climate Liability Suits as a Strategy for Change’

ABSTRACT
Lawyers are pursuing a broad range of cases in an effort to address climate change. Given the scope and complexity of climate change (and the scale of the solutions it requires), this diversity is not surprising. But it amplifies a key question in any strategic litigation: how that litigation will contribute to the overarching goal? Sometimes the link between the case and the impact will be direct; in other cases, this link (the theory of change) may be more attenuated, but no less important.

Climate liability suits (lawsuits seeking damages from the companies that have been major contributors to climate change) are just one form of climate litigation, but they have attracted significant attention. There are a range of reasons that might motivate such cases. – Some are practical: communities or individuals facing the costs imposed by climate change need money to prepare or repair. – Some are moral: companies that engaged in decades of predatory delay – lying to the public to maximize their private profit at enormous cost to the planet – should be forced into a reckoning …

Batros, Ben, Climate Liability Suits as a Strategy for Change (September 30, 2020).

First posted 2021-06-22 10:00:51

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