Obstacles to Climate Litigation

It is important to keep in mind that one of the worst things for climate litigation are negative precedents. Therefore you will want to carefully consider the different obstacles to climate litigation that have appeared over time.

=Standing= When it is intended to build in climate change trials, it is necessary to have clarity in who will be subjects who are part of the trial, specifically who is going to seek to defend in the trial. For this reason, it is necessary to inquire into the legislation and jurisprudence issued by the courts, in order to clearly know the panorama. For example, there are a series of lawsuits that have argued that the promotion of resources is to guarantee human rights to future generations, but there are countries where future generations are not yet considered to have human rights, and it becomes a cause for disposal. Likewise, it is important to identify the internal laws and international covenants on the environment that have already been ratified by the country (where the demand will be interposed), to prepare an argument that strengthens the need to meet demand, and to comply with it. to what the government had already committed to do.

=Causality=

=Overcoming obstacles= When you suspect that your court might not have the expertise to consider all the available information from around the world, Amicus curiae briefs may be used to provide additional information. See here for a long list of such briefs submitted in support of Juliana vs. US government and here for an Amicus curiae brief against a compensation law suit in the US. At the same time it gives a good idea of the obstacles that need to be overcome.

Please help to complete this section by adding more obstacles from lost cases.