Climate Change Litigation: Civil Liability for Greenhouse Gas Emissions

Climate change is a phenomenon whereby the influences of many actors, both natural and anthropomorphic, are producing damage to our environment. This article explores issues of causation that arise when considering claims against polluters, which may in theory result in the payment of damages that could mitigate environmental degradation. The authors examine the legal frameworks for causation in both German and US law, and identify various difficulties in the application of traditional notions of causation to climate damage scenarios. The authors also explore several alternative theories and the role they might play in determining causation vis-a-vis polluters, before concluding that in fact, the only way forward must lie with international/multilateral efforts towards solutions. Climate change, civil liability, Greenhouse gas, Emissions, Causation, Market share liability, German law, US law