Climate Change and the Law: Adaptation, Mitigation, and Liability

Abstract

This comprehensive analysis examines the legal frameworks governing responses to climate change across multiple domains, including environmental regulation, energy policy, land use planning, and tort liability. The authors argue that existing legal structures are inadequate to address the scale and complexity of climate change and that significant legal innovation is needed. The article examines how traditional environmental law, which focuses on regulating specific pollutants from identifiable sources, is poorly suited to addressing the diffuse and cumulative nature of greenhouse gas emissions. It also explores emerging theories of climate liability and the potential role of litigation in driving emissions reductions.

Key Findings

• Traditional environmental regulatory frameworks are inadequate for addressing climate change
• Adaptation planning requires integration across multiple legal domains including land use, infrastructure, and insurance
• Climate litigation has emerged as a significant driver of policy change alongside legislation
• The public trust doctrine and nuisance law offer potential avenues for judicial climate action

Related Statutes

• Clean Air Act
• National Environmental Policy Act
• Inflation Reduction Act

Related Cases

• Massachusetts v. EPA (2007)
• American Electric Power v. Connecticut (2011)
• Juliana v. United States (2020)