A Comment on What Climate Change Can Do About Tort Law

摘要

As climate change-induced injuries mount in the United States and around the globe, the clamor for relief from specific injuries, such as flooding, will increase. Instead of a stalwart defense against these claims, the better course is a systematic reduction of greenhouse gas emissions on a national, economywide basis. California's experience with a Scoping Plan, a range of direct and market-based measures, and an overall reduction cap is a tested model to emulate. The goal is to reduce emissions and to minimize risk and harm; otherwise, as Professor Kysar notes, tort suits will remain the backstop.