Recent Developments in Climate Change Litigation

February 11, 2009 Advisory

As public debate about climate change has increased in recent years, so too has litigation over its causes, effects, and mitigation. This advisory provides a snapshot of recent significant litigation, encompassing such disparate topics as contractural disputes over sustainable development tax credits, the constitutionality of a new municipal "green" building code, the construction of new coal power plants, and the liability of energy companies for their greenhouse gas emissions. These cases demonstrate the extent to which parties grappling with the issue of climate change have begun turning to the courts and how this trend will likely continue as government increasingly regulates greenhouse gas emissions and their effects.