The Role of Health in Climate Litigation

Area of Science:

• Environmental Law
• Public Health Policy
• Climate Change Litigation

Background:

• Courts play a critical role in shaping public policy, including climate change mitigation strategies.
• Litigation concerning climate change and coal-fired power plants has increased, raising questions about the role of public health considerations.

Observation:

• A qualitative investigation of 873 US court decisions (1990-2016) and 139 specific cases examined how health impacts were presented.
• Interviews with 78 key stakeholders provided insights into the legal and scientific arguments used.

Findings:

• Public health was a significant factor in a minority of climate change and coal-fired power plant lawsuits.
• Health arguments, especially concerning airborne exposures, were frequently and effectively used by litigants.
• These health arguments primarily served to establish legal standing and contest the sufficiency of evidence for government actions.

Implications:

• The judiciary's consideration of health impacts in climate litigation can influence public policy development.
• Greater integration of health concerns into climate change lawsuits may lead to more robust and effective climate policymaking.