Michael B. Gerrard & Joseph A. MacDougald

Abstract

This article discusses the advancement of climate change litigation and explores two approaches: using the federal regulatory apparatus and using the tort system. It examines key questions in climate change litigation, including who is responsible for determining the appropriate level of harmful emissions, how courts should handle the long-tail effects of climate change, what the proper forums for litigation are, and what role the federal government should play in addressing climate-related harms.

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