기후변화에 관한 미국의 최근 판례 분석

Climate change is recently regarded as an important policy issue internationallyand regionally. Due to climate change, atmospheric and sea temperatures are rising,sea levels are rising, and the frequency and intensity of meteorological phenomenaare rapidly increasing. The global crisis of climate change has led to a variety oflawsuits on climate change in the US. Climate change is particularly damaging to more people than tort, so relatedlawsuits continue. Since climate change is caused by not considering the humanimpact on the environment in the past, it is necessary to develop future plans thatreflect the current climate change situation to minimize the impact of climate change. In this process, courts must reasonably judge lawsuits that challenge governmentalregulation or decision in order to provide beneficial social value. Most US climate change lawsuits have been filed under federal law, and many ofthe judicial review claims for climate change-related actions or decisions have takenplace, but currently under federal and state laws, call for stronger regulatoryenforcement of governmental agencies or object to administrative agency’s decisions. In addition, lawsuits for damages caused by torts such as trespass, nuisance andnegligence have continued. In such litigation, the plaintiff must meet standing requirements, but the nature ofclimate change litigation should recognize the broader standing of the plaintiff. Plaintiff’s damage should be specific and imminent, but sharing the risk as broadlyas the US Supreme Court judges should not reduce the plaintiff’s interest in theoutcome of the lawsuit to be unimportant. Recently, a public trust lawsuit has also been filed highlighting human rights issues infringed by climate change. There are no explicit environmental protectionprovisions in the US Constitution, but US courts hold substantive due process rightsto life, liberty, and property, and right to certain natural resources in trust for thepeople and for future generations. Humans have the right to a climate system thatenables them to maintain human life, which is fundamental to a free and orderlysociety. The recent cases of climate change in the US may not be applicable to ourlegislative system, but US courts are also pursuing fundamental rights and rule oflaw in judging cases, and aiming for a balance between social development and civilrights. By looking at these trends in the US courts, we will find useful legalapproaches in the future from our legal analysis and policy perspective on climatechange.