Charles Dickens famously wrote of the years just before the French Revolution, “It was the best of times, it was the worst of times.” That would be an apt description of the state of climate change litigation today.
In 2001, the Third Assessment Report (TAR) from the UN’s Intergovernmental Panel on Climate Change (IPCC) claimed to find unprecedented warming of global temperatures and that human carbon dioxide (CO2) emissions were the likely cause. In the wake of that report, plaintiffs, including the states of New York, New Jersey and Connecticut, and New York City in 2004 launched litigation in New York seeking to prove the causal connection and obtain injunctions against major CO2 emitters. Property owners in Mississippi brought similar litigation against other CO2 emitters, alleging a connection between atmospheric CO2 and Hurricane Katrina.
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