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39 Pace Env't L. Rev. 1 (2022)

handle is hein.journals/penv39 and id is 1 raw text is: PACE ENVIRONMENTAL LAW REVIEW
Volume 33       2021-2022        Number 1

ARTICLE
MOVEMENT LAWYERING IN THE TIME OF THE
CLIMATE CRISIS
CAMILA BUSTOS*
ABSTRACT
While climate litigation has emerged as a tool to tackle rising
emissions and its devastating consequences, climate litigation as a
strategy and movement has yet to be thoroughly analyzed through
the lens of movement lawyering. Thus, this paper seeks to draw
from existing literature on movement lawyering to explore the
relationship between climate litigation and movement lawyering
principles, addressing separate yet related questions: What does it
mean to be a movement lawyer working on climate change? How do
principles of climate justice shape movement lawyering and thus,
climate litigation? How do lawyers think about accountability to
their clients and the broader climate movement? What, if any, are
the implications of having climate change litigation that is not
grounded on a movement lawyering model?
IN TR O D U CTIO N ........................................................................ 3
I. UNPACKING THE CONCEPT OF MOVEMENT
LAWYERING ...............................................................................4
II. THE RISE OF CLIMATE CHANGE LITIGATION...........9
III.   D IS C U S S IO N  .................................................................13
A. Litigation Inspired by Distributive Justice ......................15
B. Movement-driven litigation...............................................19
C. Tort litigation.....................................................................22
* J.D. Yale Law School, Visiting Assistant Professor of Human Rights at
Trinity College (Fall 2021), Associate in Human Rights Practice at the University
Network for Human Rights. Email address: camilabustos93@gmail.com. Mailing
address: 55 Walnut St, Apt 5, New Haven, CT 06511.

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