Basic Liability for Major Contributors to Climate Change: Comment on Basic Compensation for Victims of Climate Change
Daniel Farber's excellent and timely article, Basic Compensation for Victims of Climate Change, offers a thorough analysis of a possible compensation system for victims of climate change. He canvases various types of injuries from climate change and several existing compensation schemes. His work will surely start an important Dialogueue.
Farber points to several policies favoring compensation for victims, including the culpability of emitters based on their knowledge of the harms they are contributing to, deterrence, social solidarity with victims, an insurance function, and remedying unjust enrichment. These are all sound policy arguments, but we suggest that the prior issue of liability--whether existing law favors holding emitters responsible for the injuries they cause or contribute to--also deserves serious attention.