Climate Justice Litigation in the United States—A Primer

April 2024
Citation:
54
ELR 10307
Issue
4
Author
Barry E. Hill and Emily Bergeron

Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue. Specifically, it examines how Rhode Island, Minnesota, and the District of Columbia have filed state-law claims against fossil fuel companies, asking state courts to consider liability, compensation, and remedies for harms related to climate change. It concludes that tribes, acting as sovereigns, may also want to consider climate justice litigation.

Barry E. Hill is a Visiting Scholar at the Environmental Law Institute and Adjunct Professor at Vermont Law and Graduate School, and author of Environmental Justice: Legal Theory and Practice (ELI Press 5th ed. 2022). Emily Bergeron is an Associate Professor in the Department of Historic Preservation at the University of Kentucky.