Empirical Study of Climate Litigation Lab. Launching website (draft v.2)

Why a Lab

We consider ourselves a lab because of the experimental nature of our process and the different types of enquiries we pursue. Our research works in parallel streams (measurement inquiries, econometric analysis, case outcome studies, descriptive analyses) before being reunited in broader projects. Each inquiry informs the others, creating an integrated research environment rather than a single linear project.

What We Do

We are building the first comprehensive, publicly available database of "coded" climate litigation outcomes in US federal circuit courts. Our work combines data collection with transparent methodological development to advance empirical understanding of judicial behavior in climate cases.

Our approach is fundamentally quantitative, designed to complement and build upon the existing qualitative and case-study literature on climate litigation. The typologies and definitions we develop are conceptually tailored for quantitative social science applications, with a focus on measurement validity and reliability. Once validated and shown to be reliable, the ESCLL will guide how these instruments, datasets, and publications can be appropriately used, and how they differ from existing qualitative or legal scholarship typologies and resources.

Research Focus

• Measurement theory for judicial outcomes and "pro-climate" positions
• Operationalizing judicial discretion as a predictor of ideological influence
• Quantitative analysis of procedural versus substantive decision patterns
• Network analysis of legal practitioners and judicial influence
• Litigation flow and case trajectory modeling

Approach

Following principles of open science, we document all methodological decisions, make our data publicly available (within legal constraints), and contribute replicable protocols to the field. Our work builds on the Sabin Center for Climate Change Law database and Grantham Research Institute reports, extending their descriptive work with systematic quantitative analysis.

We retrieve case data from PACER (Public Access to Court Electronic Records) and have developed custom tools to support this research, including application interfaces to support qualitative coding and bypass the cost of often costly and restricted-access qualitative coding platforms in legal data analysis.

Academic Support

The project, through the principal investigator's dissertation and through formal and informal ties with the Department of Political Science at UCL, has received support and guidance from Dr. Michal Ovadek and Professor Lisa Vanhala, prominent scholars in the academic study of judicial politics and climate litigation respectively.

Phase 1 (July-September 2024)

15 research assistants collaborated to develop coding protocols, examine 400+ cases, and create training materials for systematic data collection. This phase established our methodological foundations and identified key measurement challenges in climate litigation research.

Watch the introductory meeting (September 2024)

Current Status

Work in progress. Database construction and methodological development ongoing. Current focus: scaling data collection to 850+ decisions using refined protocols from Phase 1.

Expected first publication: May 2026

Resources

• Appellate Procedure Toolkit
• Phase 1 Training Materials
• Case Coding Protocols (in development)
• pacerR: R package for PACER data retrieval

Meet the Team

Permanent Team

Previous Members: Phase 1 Research Assistants (July-September 2024)

Learn more about working at the ESCLL

Contact

sacha.bechara.23@ucl.ac.uk