Environmental Law and Policy/Governance
Climate Litigation as Strategic Litigation
Author
Maria E. Lessa
Author Bios (long)

Maria E. Lessa holds an LL.B. from the University of São Paulo in Brazil.

Date
January 2025
Volume
55
Issue
1
Page
10056
Type
Articles
Summary

What is climate litigation? Widely accepted definitions suggest it is any litigation pertaining directly or indirectly to climate change, which encompasses both strategic and routine litigation. Building on this framework, previous empirical assessments have found that climate litigation has not prompted a climate-oriented jurisprudence. However, empirical evidence suggests that strategic litigation—and not routine litigation—has contributed to development of a climate-oriented jurisprudence in jurisdictions across the globe. The different court receptiveness and variations in plaintiff behavior in strategic and routine litigation shed light on a distinctive framing for study: climate litigation as strategic litigation. While some commentators have criticized the disproportionate focus on “the tip of the iceberg,” this emphasis is perhaps better described as a deliberate choice rather than a failure to spot the entire iceberg.

H.R. 231
Update Type
Committee Name
Committee on Natural Resources
Sponsor Name
Hageman
Sponsor Party Affiliation
R-Wyo.
Issue
3
Volume
55
Update Issue
1
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H62

would amend the Energy and Water Development and Related Agencies Appropriations Act, 2015, to reauthorize the Colorado River System conservation pilot program.

H.R. 191
Update Type
Committee Name
Committees on Energy and Commerce, Agriculture, Natural Resources, Financial Services, Science, Space, and Technology, Transportation and Infrastructure, and Oversight and Government Reform
Sponsor Name
Ogles
Sponsor Party Affiliation
R-Tenn.
Issue
3
Volume
55
Update Issue
1
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H34

would repeal the Inflation Reduction Act of 2022.

H.R. 164
Update Type
Committee Name
Committee on Transportation and Infrastructure
Sponsor Name
Hoyle
Sponsor Party Affiliation
D-Or.
Issue
3
Volume
55
Update Issue
1
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H33

would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize federal agencies to provide certain essential assistance for hazard mitigation for electric utilities.

H.R. 123
Update Type
Committee Name
Committees on Science, Space, and Technology and Energy and Commerce
Sponsor Name
Biggs
Sponsor Party Affiliation
R-Ariz.
Issue
3
Volume
55
Update Issue
1
Update Volume
55
Congress Number
119
Congressional Record Number
171 Cong. Rec. H32

would direct that certain assessments with respect to toxicity of chemicals be carried out by the program offices of EPA.

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