This module explores the evolving landscape of environmental torts and the burgeoning field of climate change litigation within the context of class action and mass tort practice. We will examine how traditional tort principles are being applied and adapted to address environmental harms and the unique challenges posed by global climate change.

Environmental torts are civil wrongs that cause harm to the environment or human health due to environmental degradation. These can include claims for negligence, nuisance, trespass, and strict liability arising from pollution, hazardous waste disposal, and other environmentally damaging activities.

Climate change litigation represents a significant and growing area of law, where plaintiffs seek to hold governments and corporations accountable for their contributions to climate change and for failing to mitigate its impacts. This litigation often involves complex scientific evidence and novel legal theories.

Several legal theories are being employed in climate change litigation:

Class actions and mass torts are crucial mechanisms for addressing environmental harms and climate change impacts, as these issues often affect large numbers of people or entire communities. These procedural tools allow for efficient litigation of claims that would be impractical if pursued individually.

Despite the growing body of climate litigation, significant hurdles remain. These include issues of standing, causation, the political question doctrine, and the sheer complexity of scientific and economic evidence. However, the increasing awareness of climate impacts and the development of new legal strategies suggest that this area of law will continue to expand and shape environmental policy and corporate responsibility.