Organizations Involved: Sabin Center
Source: Sabin Center

Abstract

This paper examines climate adaptation litigation in two broad categories: (1) cases seeking adaptation measures; and (2) cases challenging planned or existing adaptation actions. For each, the paper describes the key features of the litigation, the role of climate science in the claims and defenses of the parties advocating for or defending adaptation action, and the arguments put forward to limit the role of climate science in the litigation. The paper concludes that climate science is a critical component of climate adaptation cases and that litigants should integrate the best available science into the cases they bring from the outset, but that key legal questions may prevent climate science from playing a determinative role in certain cases.

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