About the Curricula

The Climate Science and Law for Judges and Energy and Law for Judges curricula include modules and slide decks that are designed to provide judges with credible, evidence-based information about the legal and scientific issues in the climate and energy litigation of today and tomorrow.  

The curricula are not intended to influence the outcome of any particular case. Rather, they have been designed to help judges understand how issues of climate science and our energy system are arising in the law. The curricula introduce key cases, litigation trends, and aspects of cases involving scientific and technical evidence to familiarize judges with the kinds of cases they might see. They are intended to help give judges the context they need to effectively manage the evidence that will be presented by the parties in cases that come before them. 

Since 1969, the Environmental Law Institute (ELI) has played a pivotal role in shaping the fields of environmental law, policy, and management, domestically and abroad. Today, in its sixth decade, ELI is an internationally recognized, non-partisan publishing, research, and education center that works to strengthen environmental protection by improving law and governance worldwide.  

The Climate Judiciary Project (CJP) began in 2018 in coordination with the Federal Judicial Center (FJC) and the American Association for the Advancement of Science (AAAS) as an extension of ELI’s long-standing judicial education efforts. The curricula were conceived and created by CJP in response to demand from the judiciary for education about climate science, impacts, and solutions, topics that are both technical in nature and increasingly referenced in litigation. ELI’s experience as a leader in independent research and education made it uniquely suited for CJP, and the curriculum contents have benefited from the wisdom and insights of the many judges, scientists, and legal experts.  

To identify the appropriate topics, structure, and approach for each curriculum, CJP convened advisory committees comprised of scientists, technical experts, lawyers, and judges from a range of institutions. We are grateful to the following past and present committee members who provided invaluable contributions to shaping, refining, and strengthening the curricula’s methodology and content. 

Climate Science and Law for Judges Curriculum Advisory Committee: Jonathan Adler, Donald Boesch, Ann Carlson, Kristie Ebi, Chris Field, Judge Jeremy Fogel (ret.), Inez Fung, Michael Gerrard, Geoffrey Heal, Barry Hill, Michael Oppenheimer, Stephen Pacala, Justice Ronald Robie, Judge Michael Simon, and Judge David Tatel. 

Energy and Law for Judges Curriculum Advisory Committee: Joseph Aldy, Marisa Blackshire, Judge Elizabeth Emerson, Timothy Fitzgerald, Emily Hammond, Eric Larson, Saniya LeBlanc, Sarah Mills, Kevin Poloncarz, David Spence, and Hannah Wiseman.  

Each module was authored by a leading expert in their respective field and was edited in collaboration with the CJP team. All modules also underwent peer review, usually by three reviewers, to ensure accuracy and to provide additional opportunities for experts to weigh in. We sought a diversity of perspectives in this process to match the interdisciplinary nature of the curricula. Reviews were conducted anonymously according to standard practice for scholarly academic publication. 

The Climate Science and Law for Judges curriculum, which was originally published in 2023, covers a range of topics relevant for judges that are seeking to prepare for the growing number of cases that raise legal or factual issues related to climate change. Part One of the Climate Curriculum covers climate science. Broadly, it provides judges with familiarity with concepts in climate science, explains scientific approaches and methods, explores some of the impacts of climate change, and introduces climate solutions. Part Two focuses on legal topics, with an emphasis on how climate science is arising and is likely to arise in litigation. Since its original publication, several modules have been added and others updated. 

The Energy and Law for Judges curriculum teaches judges about the energy system, the process for bringing projects to fruition, and the technical, social, economic, and legal issues surrounding how energy is used, made, and transmitted. Following an introductory module, the curriculum is divided into three parts: Using Energy, Making Energy, and Moving Energy. Each section pairs the relevant technical and legal issues, with the largest focus on the different ways that we make energy including fossil fuels, wind and solar, and other renewable energy technologies. 

The curricula are designed to be flexible. Some may elect to take a comprehensive approach and avail themselves of all modules in sequence. Others may be interested in a topic here and a topic there. Both approaches work. Cross references make it easy for the reader to jump between modules when relevant. 

While the material is designed with judges top of mind, we hope it will be useful for other audiences as well. We welcome your feedback on this content, as well as on future topics and directions you want to learn more about.