Avoiding Performative Climate Justice

March 2024
Citation:
54
ELR 10230
Issue
3
Author
Katrina Fischer Kuh

Today's climate impacts and those on the horizon increasingly infuse mitigation and adaptation efforts with urgency, causing policymakers to contemplate or issue formal declarations of a climate emergency and to streamline review processes to aid rapid development of mitigation and adaptation infrastructure and technology. Yet, this urgency and need have the potential to create injustice and sideline or overwhelm efforts to reduce existing injustice. The key question in the climate justice context is whether the commitment to justice today, and the provisions to protect justice that are adopted to advance that commitment, can and will endure as the pressures of high-level warming intensify. This Article, excerpted from Adapting to High-Level Warming: Equity, Governance, and Law (ELI Press forthcoming 2024), proposes a precommitments strategy to help make a present-day commitment to climate justice more enduring.

Katrina Fischer Kuh is the Haub Distinguished Professor of Environmental Law at Pace University Elisabeth Haub School of Law.

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