On the Role of Courts in Climate Policy: Comment on Lando

Document Type

Response or Comment

Publication Date

2024

ISSN

1555-5879

Publisher

De Gruyter

Language

en-US

Abstract

This is a response to Henrik Lando’s article on courts and climate policies. Lando’s argument can be summarized in two propositions. The first is that EU courts have adopted a suboptimal legal standard for evaluating climate policies. Lando’s second proposition is that courts are not a good forum for the evaluation of climate policies because of the need to focus on the narrow interests of the litigants before the courts. I agree with Lando’s first proposition, but I disagree somewhat with his second proposition. It is pitched too broadly in my view.

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