Adaptation and the Courtroom: Judging Climate Science

Abstract:     
Climate science is becoming increasingly important in litigation and in agency proceedings. With the growing policy emphasis upon adaptation to climate change, the potential for disputes in which climate science will be relevant will only multiply. Judges play a critical role in evaluating scientific evidence, from decisions regarding whether the evidence is admissible in a trial to the weight that it should be accorded in determining particular facts. Judges, however, are not apt to be familiar with the basic methods of climate science and, in particular, how to evaluate the reliability and relevance of climate studies and expert testimony. This chapter is an effort to fill this gap. In doing so, we hope to help judges exercise their responsibility to ensure that litigation outcomes are informed by quality climate science and, at the same time, ensure that quality climate science receives due consideration in the courtroom.

Number of Pages in PDF File: 36

Keywords: climate change, scientific evidence, admissibility, adaptation, Daubert

JEL Classification: K32, K4, K41

Accepted Paper Series