climate standing

1990: The Year the Courts Discovered Climate Change

Cases were few, but one judge was years ahead of her time.

In an earlier post, I tried to figure out when the legal academy first discovered climate changes. As it turns out, it was almost a decade later when the federal courts took notice.  Those first climate change cases shed light on how new issues get litigated and how courts respond to new science. My research …


Does the Future Have Standing?

Climate change may devastate future generations. Is there a way to get their interests before the courts?

Climate change is not just a long-range problem; it’s one that will get much worse in the future unless major emissions cuts are made.  For instance, sea levels will continue to rise for centuries. But the people who will be harmed by these changes can’t go to court: they haven’t been born yet. How can …