Judicial Remedies for Climate Disruption
This Article, adapted from the Climate Science and Law for Judges Curriculum, examines the status and viability of judicial remedies in climate change litigation. It focuses on climate cases that are seeking science-based remedies specifically related to climate mitigation (actions to reduce greenhouse gas emissions or draw down atmospheric carbon) and climate-change adaptation (actions to reduce the negative impacts of climate disruption on human and natural communities). A wide variety of remedies are explored, including injunctive relief, writ of mandamus, declaratory relief, remand, vacatur, damages, civil penalties, accounting, and award of costs and attorney fees. The Article focuses on U.S. cases, both federal and state, with some reference to key decisions rendered in other countries for comparative purposes.