Air Quality and Climate Change Mediation 

Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced legal professional.

Air quality is an issue without borders that is caused by climate change. Poor air quality is caused by pollution and forest fires, which are intensifying due to the impacts of climate change. Smoke from forest fires in Canada has swept the East Coast of the USA affecting people in major cities like NYC and Boston. Poor air quality has been found to have impacts on human health that are profound, and can be serious even with short periods of intense exposure. 

Who is responsible for these impacts, and who is responsible for making sure everyone is protected? These are questions that will lead to disputes that could involve large numbers of people, fossil fuel organizations, local and state governments, advocacy groups and more. Already in Montana, young people are suing the state for violating its constitutional protection to maintain a clean, healthy environment for its people to live. 

Air quality is an issue that impacts everyone, but certain groups may be more likely to find themselves in conflict over air quality. Conflicts may erupt as groups try to find a solution, which involves holding legislators and people in power responsible. Some of the following groups and stakeholders may be affected:

• Schools could struggle to protect children’s health during periods of poor air quality. Local school boards and authorities could be embroiled in conflict. 
• Air quality may become an issue that requires landlords, building owners and office leaseholders to step up to ensure the safety of their tenants, leaseholders and office workers. Who is responsible for purifying air in a leaky or poorly ventilated building where the tenants are not at fault for the building’s lack of adequate air conditioning during a period of poor air quality?
• Air pollution also has the downstream impact of trapping heat within cities making cities more unsafe for the population during hot climate change summers. The impacts of air pollution on human health due to respiratory problems and overheating have become the responsibility of local and state governments, who could find themselves in conflict. If legal conflicts drag on they could delay action at the legislative level to improve conditions for people.
• Stakeholders may also sue fossil fuel companies for their part in the impacts of climate change, and its impacts on human health. These fossil fuel companies may have superior resources that make winning impossible and delay urgent environmental action. 

Climate Change Mediation Expedites Solutions

When it comes to action on climate change, time is of the essence. Litigation may take years to conclude. Climate change mediation brings stakeholders together to make changes that might otherwise be stalled in dispute. At Boileau Conflict Solutions we recognize that residents, business owners and public representatives may have different perspectives but benefit from moving towards the common good. The common good is difficult to define but at its simplest it means preserving resources for all people and animals. The children who are suing the Montana government for climate change have taken the route of challenging a specific Montana law that guarantees the right to clean air and water. Not every state has these laws, and many legal challenges to climate change inaction do not have a strong basis in existing laws. 

Climate change mediation is an opportunity to resolve conflict by working with neutral mediators and climate change experts who may be able to find innovative solutions that could not be reached during an adversarial legal process. At Boileau Conflict Solutions, our mediators have significant experience and expertise in the law, environmental science, mathematics and conflict resolution. Climate change mediation is a thorough and innovative process in which all parties’ viewpoints are honored to reach a solution that benefits everyone. Our climate change mediators mediate disputes in the US and worldwide. We have offices in San Diego, CA, Berkeley, CA, Silicon Valley, and Bozeman, MT where we can meet you in person, or mediate remotely at your convenience. Please contact us to see how we can help resolve your climate change dispute.