LeRoy Paddock

Science in litigation, the third branch of U.S. climate policy.

The context and role of climate science in court are changing Whereas the executive and legislative branches are the principal repositories of policy-making authority in the United States, decisions in the judicial branch have and promise to continue having an influence on activities responsible for greenhouse gas (GHG) emissions, energy development, and a wide range of other government policy. The courts are a central avenue for development of climate-related policy in the United States. Yet we know few details about whether and how climate science plays a role in such judicial responses. We suggest that the role of science is changing, that novel legal theories are emerging, and that litigation is likely to continue to increase.

Strategies in and outcomes of climate change litigation in the United States

The courts have played a central role in climate policy, including the landmark Supreme Court case that led to the mandatory regulation of greenhouse gases by the United States. A wide variety of litigants have used the courts to affect policy outcomes at all scales. Therefore, to understand how the court addresses climate change is critical. Here we constructed and analysed a database of all the United State domestic climate lawsuits 1990–2016 (873), and collected qualitative data in the form of 78 in-depth interviews with litigants, involved scientists and advocates. We find proregulation litigants tend to win renewable energy and energy efficiency cases, and more frequently lose coal-fired power plant cases. Strategies such as the use of climate science and other science as well as collaboration in specific types of coalitions affect the outcomes of cases. Efforts to affect climate policy should consider these trends and outcomes.Climate issues are increasingly being presented before the courts, with both pro- and anti-regulation litigants aiming to affect policy outcomes. Analysis of domestic US climate lawsuits and interview data reveals the type of case and the strategies that succeed.

The Role of Health in Climate Litigation

Objectives To examine how the courts, which play a critical role in shaping public policy, consider public health in climate change and coal-fired power plant lawsuits. Methods We coded US local, state, and federal court decisions relating to climate change and coal-fired power plants from 1990 to 2016 (n = 873) and qualitatively investigated 139 cases in which litigants raised issues concerning the health impacts of climate change. We also conducted 78 interviews with key litigants, advocates, industry representatives, advising scientists, and legal experts. Results Health has been a critical consideration in key climate lawsuits, but in a minority of cases. Litigants have presented health arguments most frequently and effectively in terms of airborne exposures. Health impacts have typically been used to gain standing and argue that the evidence for government actions is insufficient. Conclusions The courts represent a pivotal branch of government in shaping climate policy. Increasing inclusion of health concerns in emergent areas of litigation could help drive more effective climate policymaking.

Environmental Governance in the United States

This chapter explores the theory and practice of environmental protection in the United States (U.S)?s multi-layered federal system. A brief general overview of the federal system of government sets the stage for a detailed discussion of the role federalism plays in environmental protection in the U.S. The chapter focuses on examples taken primarily from the statutory programs controlling water pollution, but also describes the programs for controlling pollution in other media. Issues to be explored include the uncertain scope of federal jurisdiction over environmental resources, the joint role State and federal actors play in developing pollution limitations and in implementing environmental statutes, and the role of the public engagement in environmental programs. Empowering public participation in environmental governance has been described by one scholar as ?essential to our democratic experiment?. Keywords:environmental governance; environmental protection; federalism; multi-layered federal system; United States