Claiming Polluters' Profits: Unjust Enrichment Law as a Tool for Civil Environmental and Climate Enforcement
Tort-based climate litigation faces a significant barrier: the difficulty of proving a causal link between specific emissions and climate damage. This article proposes an alternative strategy—using the Law of Unjust Enrichment. The proposed model shifts the focus from proving damage to the victim to claiming the profit generated by the polluter. This approach bypasses the need to quantify future damages and effectively eliminates the financial incentive to pollute.
