Adaptation and the Courtroom: Judging Climate Science

Abstract

Climate science is increasingly showing up in courtroom disputes over the duty to adapt to climate change. While judges play a critical role in evaluating scientific evidence, they are not apt to be familiar with the basic methods of climate science nor with the role played by peer review, publication and training of climate scientists. This Article is an attempt to educate the bench and the bar on the basics of the discipline of climate science, which we contend is a distinct scientific discipline. We propose a series of principles to guide a judge’s evaluation of the reliability and weight to be accorded a given climate scientists’ claim or opinion. The principles are designed to aid a judge in evaluating whether the expert’s testimony complies with the Daubert test for the admissibility of scientific evidence but are broadly applicable to a judge’s evaluation of agency science-based decisions.

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

JEL Classification: K32, K4, K41