Abstract
The failure of the political process to produce meaningful policies to mitigate the threat of climate change has encouraged aggressive and innovative litigation strategies. An increasing number of climate lawsuits seek to control greenhouse gas emissions, impose liability on fossil fuel producers, or otherwise force greater action on climate change. In many of these cases, litigants have made aggressive constitutional claims that stretch the bounds of existing constitutional doctrine. This essay, prepared for the 2024 Drake University Constitutional Law Center Symposium, “Climate Change, the Environment, and Constitutions,” critically assesses some of the constitutional arguments made in climate cases, including Massachusetts v. EPA and Juliana v. U.S., as well as some of the constitutional claims made by states opposing efforts to limit greenhouse gas emissions.
Keywords
Climate Change, Litigation, Greenhouse Gas Emissions
Publication Date
2024
Document Type
Article
Publication Information
Drake Law Review (Forthcoming)
Repository Citation
Adler, Jonathan, "Climate Change and Constitutional Overreach" (2024). Faculty Publications. 2321.
https://scholarlycommons.law.case.edu/faculty_publications/2321
