Cambridge Handbook on Climate Litigation

Cambridge Handbook on Climate Litigation

Contributor Roles

Michael Blumm, Jeffrey Bain Faculty Scholar and Professor of Law at Lewis & Clark Law School, co-wrote Chapter 10, International Atmospheric Trust, with Rachel Pemberton, J.D. 2022, Lewis & Clark Law School.

Description

With over 2,500 climate-related cases filed worldwide, climate litigation is rapidly evolving but lacks a comprehensive resource for guiding judicial approaches. The Cambridge Handbook on Climate Litigation fills this void, offering an authoritative guide to climate litigation's complex landscape. Judges, lawyers and scholars will find insights into how courts globally have addressed recurring issues, from causation to human rights impacts. Building on the rich transnational judicial dialogue already occurring within climate litigation, the Handbook distills emerging best practices with an eye towards the progressive development of the field. Its unique focus on replicable strategies in case law makes it a strategic resource for shaping the future of climate litigation.

Chapter 10 on International Atmospheric Trust cases investigates the application of the public trust doctrine in climate litigation. Historically, under this doctrine courts have maintained that certain natural and cultural resources should be held in trust for the public, with the government acting as a trustee. The authors explain the practical application and interpretation of this doctrine in climate litigation, examining key cases (through 2022) across various jurisdictions, including the United States, Canada, India, Pakistan, and Uganda. The effect is to produce a Restatement of best practices in climate litigation revealing the successes and challenges encountered when invoking the public trust doctrine in climate litigation. This review of the case law reveals an emerging distinction between the U.S., which has seen the erection of procedural barriers in federal and state courts to avoid deciding cases on the merits, and international courts, who have reached the merits of several cases, ordering remedial actions. The chapter underscores the potential of this doctrine to induce more robust climate action among the political branches of government, reflecting a growing recognition among courts outside the U.S. of their own role in safeguarding the atmosphere.

ISBN

9781009409179

Publication Date

2025

Document Type

Contribution to Book

Publisher

Cambridge University Press

First Page

250

Section Title

International Atmospheric Trust

City

Cambridge, United Kingdom

Keywords

climate litigation, international atmospheric trust, transnational judicial dialogue, procedural barriers, governmental trusteeship, environmental law, climate change, remedial actions, judicial best practices

Disciplines

Comparative and Foreign Law | Courts | Environmental Law | International Law | Law | Litigation | Natural Resources Law

Cambridge Handbook on Climate Litigation

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