Legal implications of the climate-health crisis: A case study analysis of the role of public health in climate litigation

Finally, we recognize that our “case definition” of public health-linked cases may be too narrow to capture all those cases which truly express a concern for human health as one of the many issues at stake in climate litigation. Indeed, we observed a far greater number of cases which alluded to aspects of public health under threat without explicitly using the word “health”. The relative importance of these cases should not be overlooked, for they undoubt- edly represent a shifting mindset towards climate change, with the perceived threats to human health taking a more central role. Climate Litigation is restricted by barriers preventing access to justice, including access to legal knowledge. We did not use subscription case law sources, including Westlaw, Thompson Reuters, and Lexis Nexus, RELX, as these databases are not open access and a costly subscrip- tion can limit access for prospective climate litigants especially in low-income countries. Per- haps, restricted access to legal sources exacerbates the problem of climate injustice, as it is a reality that those disproportionately impacted by climate change have least access to justice. We have not examined questions of jurisprudence, which extend into theoretical questions such as what is law? Yet, climate Science can undermine the legitimacy of legal systems, as if laws are not aligned with science should they be valid law. We researched the field of climate law through the lens of legal cultures, which have caused climate change, and so the western, anthropocentric, legal culture is reflected in its research.

Conclusion Despite its limitations, this relatively comprehensive review of climate litigation over the past three decades has revealed notable developments in the legal field of environmental gover- nance, many of which are encouraging from public health, human rights, and eco-centric per- spectives. The field is undergoing a rapid transition. Yet reticence persists. Defence teams can no longer argue against the validity of the science, or ignorance of the link between anthropogenic climate disruption and human health harm. In the context of climate health emergency, it is evident that amplification of decarbonisation efforts is urgently required. Litigation offers a powerful tool to drive multi- sector transition. Given the shortcomings that remain in the widespread use and acceptance of public health claims in legal argumentation used for litigation, we advise that laws and legal incentives are created, which position public health as a central focus. In the interests of future generations, we argue for more funding to be mobilized towards climate-health evidence and further develop this research as a scientific discipline, the promotion of greater public and industry awareness of climate-health links to support more widespread utilization of public health claims in allegations of wrongdoing, and that a legal panel of climate-health experts be devised which can be called upon by plaintiffs to provide expert testimony and deliver credible yet compelling research briefings during court hearings.

We advocate for the establishment of multi-lateral body, with legally binding power, to access breaches of existing law, identify laws that amplify disproportionate health impacts upon specific communities, responds to systemic racism, corruption, and inequities within legal systems, is aligned with the Hague to bring criminal charges against nations and corpora- tions, and works to develop real legal incentives to ensure planetary and human safety. Considering the impacts of climate change, we must ensure that health risks are fully inte- grated into the economic cost should companies seek to avoid liability for climate risks. Should this recommendation be adopted, we are confident we will see further developments in the field of litigation where public health arguments play a key role in mobilizing legislative action. As the risk of harm to public health is integrated into the economy, through legal liability, this can incentivize a well-being/health-based economy. This will be a win for not only the PLOS ONE Public health as a legal tool in climate litigation PLOS ONE | https://doi.org/10.1371/journal.pone.0268633 June 15, 2022 24 / 31