December 8, 2012 22:18
by J. Wylie Donald
When we discuss climate change litigation with colleagues or acquaintances unfamiliar with it, they are always a little incredulous. “The plaintiffs allege what? How could you prove that? There's no way they can win.” Courts, however, cannot rule from their impressions; instead, they must parse arguments and facts and explicate the legal reasoning that supports shutting climate change cases out of the courtroom. We have addressed in this blog many of tho...