Global Warming: An Introduction to the State of the Science and a Survey of Some Legal Responses

In 1979, a member of the President’s Counsel on Environmental Quality was asked to raise awareness about global climate change. Despite early warnings, the United States has taken a “wait and see” approach. Now, there is scientific evidence to support action. The debate now centers on whether human activity has contributed to the increase in global temperature. Scientists believe we must prevent atmospheric CO2 concentrations from reaching 450 ppm to avoid catastrophic climate impacts. Despite the increase in CO2 concentration, the debate on the contribution by human activity continues. In 1980, the government acknowledged that human activity, like using fossil fuels, is causing global warming. Scientists have been studying this issue for years, and most agree that humans are the main reason for the increase in carbon dioxide in the atmosphere. Global warming could have serious effects on Florida, like rising sea levels that could flood land and damage wildlife habitats. It could also hurt the state’s agriculture, like citrus crops. Despite these warnings, the U.S. hasn’t done much to decrease its carbon dioxide emissions. Critics are calling for action because the U.S. emits a lot of greenhouse gases. Some possible legal responses to global warming include suing the United States under the Alien Tort Claims Act, forcing the EPA to regulate greenhouse gas emissions, and suing responsible parties under tort theories. For example, the country of Tuvalu, which is at risk of being submerged due to rising sea levels, is considering legal action against countries and industries responsible for its demise. This could involve making a claim under the Alien Tort Claims Act, which allows foreigners to sue in US courts for violations of international law. This could be based on the idea that international environmental laws have been violated, or that there are “environmental human rights” that have been breached. In the Beanal v. Freeport-McMoRan case, a complaint alleging cultural genocide from environmental destruction was dismissed because it wasn’t specific enough. But there’s some support in international law for the idea that everyone has a right to a healthy environment. However, even if you could make a claim under the Alien Tort Claims Act, it would be really hard to win. For example, can the United States be held responsible for global warming? And it would cost a lot of time and money. Still, bringing a claim could draw attention to the problems faced by indigenous people because of climate change.
A bunch of states, cities, and environmental groups challenged the EPA’s decision that heat-trapping gases like CO2 aren’t “pollutants” under the Clean Air Act. Both sides have good arguments. The Clean Air Act gives EPA the power to regulate emissions from cars and other sources. This includes setting standards for pollutants that can harm public health, the environment, or the weather and climate. CO2 is considered an air pollutant under this law, and because of its impact on climate change, EPA has the authority to regulate CO2 emissions from vehicles. The Supreme Court ruled that the Environmental Protection Agency (EPA) does not have the authority to regulate carbon dioxide (CO2) emissions, despite the broad language in the Clean Air Act (CAA). The court said that the CAA does not specifically grant the EPA the power to regulate CO2. Additionally, a group of states and New York City sued power companies for causing global warming, seeking to cap and reduce their CO2 emissions. Despite alleging harm to public health and the environment, they are not seeking damages in the lawsuit. A public nuisance is when someone’s actions cause a big problem for the general public. If the court decides that the actions are unreasonable and harmful to the public, they can order the person or company to stop. In the case of global warming, this could mean that companies may be forced to reduce their emissions. This is the most likely way for legal action to make a difference in fighting climate change, but it might still be a while before the government takes action. Global warming is a serious problem caused by the buildup of greenhouse gases. It is supported by scientific evidence and is expected to have major impacts on the environment. Many countries and cities are taking action to reduce greenhouse gas emissions, but the United States has not yet adopted a national policy to address the issue. There are also legal actions and proposed laws to address global warming and its effects.

Source: https://www.floridabar.org/the-florida-bar-journal/global-warming-an-introduction-to-the-state-of-the-science-and-a-survey-of-some-legal-responses/