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These days, is seems that everyone is going green—joining the fight to take care of the earth and put a stop to global warming—but what does this mean for attorneys? Will the public's heightened involvement in and awareness of the global warming crisis mean an influx of global warming-related legislation? Some say yes.
With state and federal leaders calling for reductions in greenhouse gas emissions, there are already lawsuits in courts around the country, and some predict many, many more. According to an article in the New Jersey Law Journal, there will be four main types of global warming legislation. They will deal with the tort doctrine of nuisance, the Clean Air Act, the National Environmental Policy Act, and the federal doctrine of pre-emption.
In response to these four main areas, there are three main defenses to global warming that can be used in the courts. They are: political question doctrine/judicial competence, standing, and causation.
"Climatic change cases are inherently complex and susceptible to early motion practice by defendants," a New Jersey Law Journal article stated.
However, global warming legislation, though complex, could serve the positive purpose of bringing even more public attention to the climate crisis, which, in turn, could fuel much-needed change—change that is required to preserve the world we live in.
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