Climate Justice: The International Momentum towards Climate Litigation offers a unique discussion of the intersection of climate litigation and climate negotiations, and whether the Paris Agreement will contribute to a growth in climate litigation. It also provides an up to date summary of past and current cases of climate litigation against companies and governments – focusing on the various grounds of human rights to a clean environment, liability for climate-change induced damages, climate refugees, and corporate deception in the U.S., Netherlands, Pakistan, Peru, the Philippines, and New Zealand. It examines past litigation in other sectors, including tobacco, asbestos and oil spills. Amongst the recommendations: the fossil fuel industry be removed from the climate negotiations process and banned from having a role or voice in setting climate change policy; introduce a levy on fossil fuel producers to partly fund the International Mechanism for Loss and Damage, which would provide compensation for individuals and communities. Another recent but much briefer note, “Courts take on Climate Change” , published in Nature Climate Change in June, addresses the issue of liability and quotes Andrew Gage, Staff Counsel at West Coast Environmental Law , who asks, “Can you really have a business model that costs the world trillions of dollars a year and not have a conversation about who should be paying for that?” … “The question is, can such litigation play a role in accelerating the transition away from fossil fuels or is it only going to be bickering over who pays for the major damages we’re experiencing?” An example of such bickering is chronicled in a June 7 article in the New York Times, “Regulators Fear $1 Billion Coal Cleanup Bill” .
And who will be the lawyers who argue these cases? Tom Lininger, a professor at the University of Oregon School of Law, proposes a series of “green ethics” amendments to the American Bar Association rules in his paper “Green Ethics for Lawyers” in the Boston College Law Review .
Note that the Adapting Canadian Work and Workplaces to Climate Change (ACW) website recently posted the 2015 presentation by Roger Cox, lead lawyer in the landmark Urgenda case. See The Urgenda Climate Case and its Consequences .