‘Strategic litigation against public participation’ (SLAPP) is an offensive litigatory tool by which powerful and well-resourced actors, both public and private, can suppress and disincentivise legitimate political communication directed at them and their actions. In this way, it can be a substantial impediment to individuals and civil society groups seeking to hold such power to account. This chapter explores the effect of SLAPP lawsuits in the climate action space and canvasses so-called ‘anti-SLAPP’ legislative efforts in the United States and the European Union. In doing so, it seeks to define SLAPP lawsuits in the climate context, considers how such lawsuits have historically been deployed, and frames the discussion by reference to private actors’ contribution to, and central role in addressing, climate change.

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Private Actors and Climate Policy: The Problem of ‘SLAPP’ Lawsuits

  • Joshua Woodyatt

摘要

‘Strategic litigation against public participation’ (SLAPP) is an offensive litigatory tool by which powerful and well-resourced actors, both public and private, can suppress and disincentivise legitimate political communication directed at them and their actions. In this way, it can be a substantial impediment to individuals and civil society groups seeking to hold such power to account. This chapter explores the effect of SLAPP lawsuits in the climate action space and canvasses so-called ‘anti-SLAPP’ legislative efforts in the United States and the European Union. In doing so, it seeks to define SLAPP lawsuits in the climate context, considers how such lawsuits have historically been deployed, and frames the discussion by reference to private actors’ contribution to, and central role in addressing, climate change.