Too big to trial: Lessons from the Urgenda case

Is climate change too big to trial? Is tort law adjudication capable of dealing with a huge public interest like climate change? The answer to these questions is dependent on at least three different issues, namely (i) the possible interpretations of the relevant rules and concepts of tort law, (ii) the possible legitimations of tort law liability, and (iii) the public law questions involved (the constitutional position of the court included). Using the Dutch landmark case of Urgenda Foundation v State of the Netherlands, the author researches the issues involved. The conclusion is that climate change liability stretches the possibilities of tort law adjudication to the max and even beyond, depending on one’s readiness to adjust it to societal problems like climate change.