The Role of Litigation in

Addressing Climate
Change
Michael B. Gerrard
Andrew Sabin Professor of Professional Practice
Director, Sabin Center for Climate Change Law
March 2016

Resolved Climate Change Cases

Through 2013
420 United States
70 Australia
35 United Kingdom
30 European Union
14 New Zealand
14 Spain

Civil Liability for Greenhouse Gas

Emissions

Federal common law of nuisance

American Electric Power v. Connecticut (2011): Clean Air Act

displaces federal common law of nuisance for injunctive relief
for GHG emissions
Native Village of Kivalina v. ExxonMobil (9th Cir. 2012), Comer v.
Murphy Oil (5th Cir. 2013): Claims for money damages also
displaced (Note: BP a defendant in both.)

State common law of nuisance

Possibility explicitly left open in American Electric Power
AEP plaintiffs did not pursue; no other claims brought yet
Clean Air Act preemption issue unresolved

Public trust doctrine cases

Dismissals based on lack of standing; public trust doctrine does
not apply to atmosphere; separation of powers

Urgenda Foundation v. Kingdom of the

Netherlands (Hague District Court, June 24, 2015)

Leghari v. Federation of Pakistan (Lahore

High Court, Sept. 4 and Sept. 14, 2015)

Petition to Commission on Human Rights of the

Philippines Requesting for Investigation of the
Responsibility of the Carbon Majors for Human
Rights Violations or Threats of Violations Resulting
from the Impacts of Climate Change
Filed September 22, 2015 in Quezon City by Greenpeace
Southeast Asia and Philippine Rural Reconstruction Movement,
stating: The Carbon Majors should be held accountable for
violations or threats of violations of Filipinos rights (a) to life;
(b) to the highest attainable standard of physical and mental
health; (c) to food; (d) to water; (e) to sanitation; (f) to
adequate housing; and (g) to self-determination resulting from
the adverse impacts of climate change.
Seeks investigation, and recommendation that the President
call upon other States, especially where the investor-owned
Carbon Majors are incorporated, to take steps to prevent,
remedy or eliminate human rights violations resulting from
the impacts of climate change