This article examines the growing phenomenon of climate change litigation in the USA and Canada. It explores the expanding context in which this litigation is occurring and highlights key successes and failures of these actions. In the absence of a comprehensive federal framework in both countries, the article shows how litigation is being used by claimants to attempt to require government action in reducing greenhouse gas emissions and to force private entities to do the same and to pay damages. Whether a piecemeal approach to climate change engendered through litigation can provide a solution to this global issue remains to be seen.
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Julia Schatz (2009) studied this question.
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