December 8, 2012 19:18
by J. Wylie Donald
When we discuss climate change litigation with colleagues or acquaintances unfamiliar with it, they are always a little incredulous. “The plaintiffs allege what? How could you prove that? There's no way they can win.” Courts, however, cannot rule from their impressions; instead, they must parse arguments and facts and explicate the legal reasoning that supports shutting climate change cases out of the courtroom. We have addressed in this blog many of those decisions as the climate change cases have wound their way up the appellate ladder. That st...