Abstract
The failure of the political process to produce meaningful climate mitigation policies has encouraged activists to pursues aggressive and innovative litigation strategies. An increasing number of climate-related 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 and threaten to entrench climate policies outside of the traditional political process. This Article 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.
Document Type
Article
Publication Date
2025
Publication Information
72 Drake Law Review 223-254 (2025)
Repository Citation
Adler, Jonathan H., "Climate Change and Constitutional Overreach" (2025). Faculty Publications. 2281.
https://scholarship.law.wm.edu/facpubs/2281