A Rothbardian Approach to Climate Change

Abstract

This article presents an application of Rothbardian environmental policy. It argues that the Intergovernmental Panel on Climate Change (IPCC) and net zero by 2050 legislation have created a tort and that tort litigation should therefore be brought against them. Climate change is an interpersonal conflict to be resolved, where necessary, through tort litigation. Rothbardian climate change policy can be seen as a contribution to the research programs of robust decision-making (RDM) and robust political economy (RPE). RDM aims to identify robust strategies that generate beneficial results even under the least favorable conditions, and RPE does the same for institutions. The common strength shared by RPE, RDM, and Rothbardian climate policy is resilience in the face of uncertainty. Recent developments in climate science have vindicated Rothbardian climate policy by revealing the uncertainty surrounding the predictions of the climate models used by the IPCC. The climate is changing, but the IPCC overlooks two facts: Historical climate change has occurred on a scale that exceeds what is happening now, and nonanthropogenic forces, notably changes in solar irradiance, exert significant influence. The IPCC’s monopoly on the supply of climate science to national governments should be challenged by tort litigation on the grounds that the IPCC is in breach of its duty to supply reliable climate science to policymakers when it produces a biased selection of climate research. A class action bringing a tort against the IPCC on these grounds would allow dissident climate scientists to be called as expert witnesses, thereby extending the scope of substantive freedom of expression. Unlike mitigation under net zero by 2050, which is inappropriate except in the single case of imminent climate catastrophe, Rothbardian climate policy, RDM, and RPE advocate adaptation to the constantly changing climate.