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1 results

  • 17 - Climate Causality

  • from Part IV - Liability and Evidence
  • Edited by Margaretha Wewerinke-Singh, Universiteit van Amsterdam, Sarah Mead, Climate Litigation Network (CLN)
  • Book:
    The Cambridge Handbook on Climate Litigation
    Published online:
    03 June 2025
    Print publication:
    31 July 2025, pp 415-444
    • Chapter
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  • Summary

    Chapter 17 delves into one of the most challenging aspects of climate litigation: attributing climate change impacts to specific actors or actions. The author explores how courts and quasi-judicial bodies grapple with the scientific complexities of attribution. In particular, she analyses how these legal bodies assess and weigh the scientific evidence, navigate the inherent uncertainties, and determine the legal relevance of attribution findings in climate cases. Through a detailed review of key climate cases from around the world, the author uncovers a variety of approaches to the issue of attribution. These cases highlight the diverse legal strategies employed by litigants to establish the causal links necessary for liability and the evolving understanding of courts in grappling with scientific complexities. In distilling emerging best practice, the author identifies instances where courts have acknowledged the collective and cumulative nature of climate harms, accepted partial attribution as a basis for liability, and applied innovative legal doctrines to overcome attribution-related challenges.