May 01, 2016

Climate litigation scores successes in the Netherlands and Pakistan

Michael B. Gerrard

Most U.S. climate change litigation falls into one of two categories. The vast majority of cases—which receive the bulk of the attention—are based on the Clean Air Act and other statutes. These include Massachusetts v. Environmental Protection Agency (2007) and the current litigation over the U.S. Environmental Protection Agency’s (EPA’s) Clean Power Plan. The second category, and the focus of this article, comprises cases based on common law and the Constitution.

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