Judicial Remedies for Climate Disruption

16 Pages Posted: 14 Sep 2022 Last revised: 5 Jul 2023

See all articles by John C. Dernbach

John C. Dernbach

Widener University - Commonwealth Law School

Patrick A. Parenteau

Vermont Law and Graduate School

Date Written: July 01, 2023

Abstract

This paper focuses on climate change cases that seek science-based remedies specifically related to climate mitigation (i.e., actions to reduce greenhouse gas emissions or draw down atmospheric carbon), and climate-change adaptation (i.e., actions to reduce the negative impacts of climate disruption on human and natural communities). It focuses on the forms and terms of relief sought by plaintiffs or petitioners.

This paper provides an overview of remedies most commonly sought in climate change litigation, and a few that are less commonly sought. They are: 1) injunctive relief, 2) writ of mandamus, 3) declaratory relief, 4) remand, 5) vacatur, 6) damages, 7) civil penalties, 8) accounting, and 9) award of costs and attorney fees. We focus on U.S. cases, both federal and state, with some references to key decisions rendered in other countries for comparative purposes. We conclude that litigants and courts are capable of crafting remedies to address GHG emissions and climate change adaptation without getting bogged down in judicial management and enforcement issues.

Keywords: climate change, litigation, remedies, greenhouse gas emissions, climate change mitigation, climate change adaptation, constitutional law

JEL Classification: K00, K10, K20, K23, K29, K32, K33,

Suggested Citation

Dernbach, John C. and Parenteau, Patrick A., Judicial Remedies for Climate Disruption (July 01, 2023). Environmental Law Reporter, Vol. 53, No. 10574, 2023, Available at SSRN: https://ssrn.com/abstract=4217803 or http://dx.doi.org/10.2139/ssrn.4217803

John C. Dernbach (Contact Author)

Widener University - Commonwealth Law School ( email )

3800 Vartan Way
Harrisburg, PA 17110-9380
United States

Patrick A. Parenteau

Vermont Law and Graduate School ( email )

68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States
802 831 1305 (Phone)
802 831 1158 (Fax)

HOME PAGE: http://www.vermontlaw.edu

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