A Chilling Effect in a Warming World: How the Threat of SLAPPs Shapes Climate Law

The document examines the impact of Strategic Lawsuits Against Public Participation (SLAPPs) on climate change litigation (CCL) in the US. It finds that jurisdictions with anti-SLAPP protections are more likely to attract corporate CCL, suggesting that legal protections for free speech facilitate the development of climate law.

• Strategic lawsuits against public participation (SLAPPs) are used by powerful actors to silence critics through expensive and long-term litigation, which forces US climate activists to consider the risk of resource-depleting retaliatory suits when deciding whether or where to file climate change litigation.
• Analysis of American court caseloads from 2015 to 2024 reveals that jurisdictions providing anti-SLAPP protections attract more corporate climate change litigation, demonstrating that legislative efforts to protect free speech influence the evolution of climate law.
• Due to the burden SLAPPs place on courts and their conflict with democratic values, 35 US states and the District of Columbia have implemented laws to restrict them.

APA

Arvan, T. (2026). A Chilling Effect in a Warming World: How the Threat of SLAPPs Shapes Climate Law. Climate Social Science Network. https://cssn.org/a-chilling-effect-in-a-warming-world-how-the-threat-of-slapps-shapes-climate-law/

Chicago

Arvan, Timothy. A Chilling Effect in a Warming World: How the Threat of SLAPPs Shapes Climate Law. Climate Social Science Network, 2026. https://cssn.org/a-chilling-effect-in-a-warming-world-how-the-threat-of-slapps-shapes-climate-law/.

Wikipedia

{{cite report |last1=Arvan |first1=Timothy |title=A Chilling Effect in a Warming World: How the Threat of SLAPPs Shapes Climate Law |publisher=Climate Social Science Network |date=20 February 2026 |url=https://cssn.org/a-chilling-effect-in-a-warming-world-how-the-threat-of-slapps-shapes-climate-law/ |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{arvan2026chilling, author = {Arvan, Timothy}, title = {{A Chilling Effect in a Warming World: How the Threat of SLAPPs Shapes Climate Law}}, institution = {Climate Social Science Network}, year = {2026}, month = feb, url = {https://cssn.org/a-chilling-effect-in-a-warming-world-how-the-threat-of-slapps-shapes-climate-law/}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }