Patrick A. Parenteau (Vermont Law and Graduate School) has posted Some Observations on How Courts in the United States and European Union View Their Role in Adjudicating Climate Litigation (Vol. 27 Issue 5/6 Environmental Liability: Law, Policy, and Practice 189 (March 2023)) on SSRN. Here is the abstract:
This article explores the different approaches that courts in the EU and US are taking to the adjudication of climate liability in cases against governmental and nongovernmental entities. The framework for this analysis focuses on what claims are justiciable and what remedies are available. The doctrines of separation of powers, standing, and political question all come into play along with practical issues of the ability of courts to manage and enforce whatever remedies are ordered. The author concludes that courts in the EU appear to provide more promising fora for climate activists to pursue aggressive judicial remedies than US courts.