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Climate change litigation is an obsessive preoccupation for many legal scholars. Three different “narratives” can be identified for why scholars find such litigation important to study: litigation is a response to institutional failure, legal reasoning holds authority, and litigation is a forum for the co‐production of facts and social orders. The nature and consequences of these narratives are considered in the context of the first U . S . Supreme Court “climate change” case— M assachusetts v. EPA (2007). This analysis has implications for both how scholars understand their expertise in this area, and how they should foster it.
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Elizabeth Fisher (2013) studied this question.
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