Chapter 5 Litigating government (in)action on climate change
Restricted access

This chapter describes important catalyst litigation that has helped to define the content and scope of government obligations related to climate change. It begins by reviewing the use of litigation to compel climate mitigation and/or adaptation under laws of general application, including most notably the Clean Air Act (CAA) and the National Environmental Policy Act (NEPA). It then highlights significant efforts to impose extra-statutory mitigation or adaptation obligations on governments, i.e., obligations grounded in the common law, constitutions, and/or human rights law and enforced through domestic courts. This review of catalyst litigation aimed at compelling government action on mitigation and/or adaptation reveals that litigation has been important tool to activate and enforce climate change-relevant statutes and suggests both the promise and difficulties of using litigation grounded in extra-statutory sources of law to prompt government action on climate change.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with you Elgar account