Judicial Remedies for Climate Disruption

July 2023
Citation:
53
ELR 10574
Issue
7
Author
John C. Dernbach and Patrick Parenteau

This Article, adapted from the Climate Science and Law for Judges Curriculum, examines the status and viability of judicial remedies in climate change litigation. It focuses on climate cases that are seeking science-based remedies specifically related to climate mitigation (actions to reduce greenhouse gas emissions or draw down atmospheric carbon) and climate-change adaptation (actions to reduce the negative impacts of climate disruption on human and natural communities). A wide variety of remedies are explored, including injunctive relief, writ of mandamus, declaratory relief, remand, vacatur, damages, civil penalties, accounting, and award of costs and attorney fees. The Article focuses on U.S. cases, both federal and state, with some reference to key decisions rendered in other countries for comparative purposes.

John C. Dernbach is the Commonwealth Professor of Environmental Law and Sustainability, Widener University Commonwealth Law School. Patrick Parenteau is Professor of Law Emeritus and Senior Fellow for Climate Policy, Vermont Law and Graduate School.

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Judicial Remedies for Climate Disruption

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