Save the climate but don’t blame us: corporate arguments in climate litigation

Abstract

Fossil fuel companies no longer deny anthropogenic climate change in litigation, but they challenge the validity of climate science in establishing legal responsibility. Research on climate litigation, social movements, and legal mobilization has focused primarily on plaintiffs’ perspectives, showing how they use the judicial process as a site of knowledge production. This article shifts the focus onto defendants, conducting an analysis of scientific disputes in major climate change lawsuits and developing a typology grounded in both empirical analysis and theoretical insights for studying their arguments about science and evidence. Corporate defendants build evidentiary counter-narratives, challenge the substantive quality of plaintiffs’ claims, and contest the scientific integrity of compromising evidence. The future impact of such litigation will hinge on how courts evaluate climate research as legal evidence, and whether corporate defendants are successful in their efforts to reframe, undermine, and discredit the science.