Advancing Tort Law for Climate Displacement Compensation [Note]

Abstract

Climate change has already displaced people from their homes and is predicted to displace millions more in the coming decades. Involuntary climate-induced migration causes loss and damage before, during, and after the displacement. In this Note, I argue that the climate displaced should seek tort compensation from fossil fuel companies for this loss and damage. However, the existing tort system is not well-suited for climate displacement claims. Challenges for climate-displaced plaintiffs include establishing jurisdiction, navigating forum non conveniens, proving causation, and enforcing a favorable judgment. Tort law must advance to overcome these barriers. Necessary judicial changes include expanding jurisdiction, modifying the forum non conveniens analysis, using attribution science and alternative theories of causation, and developing methods to ensure judgment enforcement. With these solutions, the tort system can play a vital role in achieving compensation and justice for the climate displaced.