tag:blogger.com,1999:blog-91595848679672268012013-05-20T03:25:40.370-07:00Claimer.orgClimate Change Litigation and Global Warming Law Suit news and other legal issues on these environmental compensation topics.claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.comBlogger5219999claimerhttp://feedburner.google.comtag:blogger.com,1999:blog-9159584867967226801.post-13052190901106664492013-05-01T20:45:00.000-07:002013-05-13T12:04:15.303-07:002013-05-13T12:04:15.303-07:00Complete overview list of all climate change litigation articles on the news section of Claimer.org
Peru: possibly an interesting forum for climate change compensation - Wednesday, May 1, 2013
Ecuador climate change compensation good chances - Tuesday, April 23, 2013
Colombia: A promising place for seeking climate change damage compensation - Wednesday, April 17, 2013
Venezuela: apparently rather good chances for victims of climate change - WEDNESDAY, APRIL 17, 2013
Mexico: low claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-86233630613942246782013-05-01T13:13:00.000-07:002013-05-05T14:48:30.752-07:002013-05-05T14:48:30.752-07:00Peru: possibly an interesting forum for climate change compensation
The Supreme Court of Justice Peru
(Image Manuel González Olaechea)
Peru is the latest of the Latin American we look at afters our first look at tort law systems in a view of possible climate change compensation litigation. Based on the Civil Codes of the respective state as few relevant legal literature, we tried to cover the important aspects of possible climate change compensation.
The claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-76043977786638577482013-04-23T13:53:00.000-07:002013-05-05T14:21:56.768-07:002013-05-05T14:21:56.768-07:00Ecuador climate change compensation good chances
the National Court of Justice in Ecuador
After our first look at tort law systems in a view of possible climate change compensation litigation we continue researching with Ecuador, based on the Civil Codes and relevant legal literature.
The Civil Code of Ecuador obliges by its Article 2214 the authors of “delitos” (illegal acts / offenses) and of “cuasidelitos” to compensate damages. There isclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-17458713110205933092013-04-17T13:41:00.000-07:002013-05-09T16:45:03.484-07:002013-05-09T16:45:03.484-07:00Colombia: A promising place for seeking climate change damage compensation
Colombian Supreme Court
(Image Torax)
After a brief first look at tort law systems we continue researching possible climate change compensation litigation in Latin American. The blog entries are mainly based tort law in the Civil Codes and a few relevant legal literature, if any, is available on the internet.
The Civil Code of Colombia provides, in its Article 2341, for liability in case of claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-33205464391555102842013-04-08T09:28:00.000-07:002013-05-05T13:54:31.805-07:002013-05-05T13:54:31.805-07:00Venezuela: apparently rather good chances for victims of climate change
Venezuela climate change changes apparently look good
(Image: Claimer.org)
In a series of short blog entries we have a first look on Latin American tort law systems in a view of possible climate change compensation litigation. The blog entries are mainly based on the Civil Codes of the respective state as few relevant legal literature, if any, is available on the internet. Here we discuss claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-82129161514610321882013-04-02T14:04:00.000-07:002013-05-05T14:26:22.087-07:002013-05-05T14:26:22.087-07:00Mexico: low chances for getting climate change damage compensation
Climate change compensation chances in Mexico look cloudy
(Image Claimer.org)
Continues in look at Latin American after our first look at tort law systems in a view of possible climate change compensation litigation. The blog entries are mainly based on the Civil Codes of the respective state as few relevant legal literature, if any, is available on the internet.
The Mexican tort law offers claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-15373581682162512812013-03-26T05:00:00.000-07:002013-04-21T14:07:42.617-07:002013-04-21T14:07:42.617-07:00Uruguay: not to be recommended for climate change litigation
climate change litigation in Uruguay low chances
(Image Marcelo Da Silva)
In a series of short blog entries we have a first look on Latin American tort law systems in a view of possible climate change compensation litigation. The blog entries are mainly based on the Civil Codes of the respective state as few relevant legal literature, if any, is available on the internet.
The Civil Code of claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-5825008511654250512013-03-18T20:01:00.000-07:002013-04-21T05:06:12.052-07:002013-04-21T05:06:12.052-07:00Chile: no obstacle to climate change compensation at first sight
Climate change compensation in Chile
Articles 2314 and 2329 of the Chilean Civil Code provide for a right for compensation in case of conscious or negligent damaging of others. Though not containing provisions on strict liability, the articles seem to be broad enough to cover climate change damages by referring just to the terms “cuasidelito” and “damage”. This is more generous than the law ofclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-74240769308778962592013-03-11T18:02:00.000-07:002013-04-05T20:09:43.750-07:002013-04-05T20:09:43.750-07:00Brazil: really the promised land for victims of climate change?
A look at climate change law in Brazil
After the first look in short series blog entries we have a first look on Latin American tort law systems in a view of possible climate change compensation litigation mainly based on the Civil Codes of the respective state as few relevant legal literature we continue our look of Latin America. After seeing unlikely chances in Argentina, we continue with claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-66760079470059158372013-03-11T17:16:00.000-07:002013-04-01T18:04:02.720-07:002013-04-01T18:04:02.720-07:00Argentina: difficult for victims of climate change
Argentina not optimal for climate change law suits
In a series of short blog entries we have a first look on Latin American tort law systems in a view of possible climate change compensation litigation. The blog entries are mainly based on the Civil Codes of the respective state as few relevant legal literature, if any, is available on the internet.
In terms of Argentina, this country may notclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-15854999798623405002013-03-07T13:31:00.000-08:002013-03-10T13:32:38.899-07:002013-03-10T13:32:38.899-07:00The state of play of climate change compensation
state of play of climate change compensation
(image Harald Hoyer)
The French press agency Agence France Presse has gratefully published an article on the state of play of climate change compensation via litigation in courts. AFP sees the number of cases on the rise, but has identified no case in which the plaintiffs have obtained compensation. AFP lists the various difficulties for plaintiffs,claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-88992581667874513232013-01-14T12:14:00.000-08:002013-01-15T14:18:09.663-08:002013-01-15T14:18:09.663-08:00No evidence for contribution threshold as condition for joint and common liability in Europe
Joint and common liability in Europe shows
no evidence for minimum contribution threshold
(Image by Loganathan R.)
In this website we are always following the latest news about possibilities and barriers to leverage litigation as a tool to slow down climate change. In a previous blog post, we shared with you a theory which, if true, would have relevance for climate change compensation lawsuitsclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-21751610283168154722012-12-11T14:13:00.000-08:002012-12-11T14:23:48.139-08:002012-12-11T14:23:48.139-08:00Can Human Rights serve as a legal basis for climate change compensation claims?
Can climate change litigation be based on Human Rights?
(Image Claimer.org based on Patrick Gruban)
After the 2nd instance failure of the village of Kivalina lawsuit against several big polluting companies in the U.S, more than ever new legal paths are needed for the U.S. One possible path could be to refer to Human Rights. But not only for the U.S. the question arises whether Human Rights canclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-76781062662036476682012-11-22T13:05:00.000-08:002012-11-25T13:19:59.325-08:002012-11-25T13:19:59.325-08:00Attribution of extreme weather events to climate change: possible, but tricky
Results of a 2011 World Climate Research Programme
study about the attribution of extreme whether events
To what extent extreme whether events can be attributed to
climate change in a way that can convince judges? An answer to this question is
given by the article “Attribution of Weather and Climate-Related Extreme Events”
written by Peter A. Stott, Myles Allen, Nikolaos Christidis, Randall claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-39724420959797025502012-09-24T14:32:00.003-07:002012-11-11T09:48:43.689-08:002012-11-11T09:48:43.689-08:00Standing, standing, standing: the debate on climate change litigation in the U.S.
Air as a public trust to combat climate change
(Image Claimer.org)
The discussion on climate change litigation in the U.S. is still focusing on questions of standing, or demonstrate adequate connection to the damage claim. The article “Standing for Private Parties in Global Warming Cases: Traceable Standing Causation Does Not Require Proximate Causation” by Bradford C. Mank of the University claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-70770571449199209972012-09-19T17:40:00.001-07:002012-09-19T17:41:49.760-07:002012-09-19T17:41:49.760-07:00Outstanding: opening the door for fairness based apportionment of liability for climate change
dividing climate change damages among tortfeasers
In his article “Apportioning Damages in a Climate Change Tort Suits”, Simon S. Grille presents a new approach to the topic indicated in the title of his article. But before we can value this contribution, we have to explain the context and present it.
In the case of multitude of tortfeasors, jurisdictions around the world apply basically two claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-46927735858514531222012-07-18T16:35:00.005-07:002013-01-19T03:58:54.926-08:002013-01-19T03:58:54.926-08:00Contribution threshold for joint and common liability under European
jurisdictions?CO2 emissions from smokestacks of multiple polluters
each contributing to climate change, but is it enough
to invoke common and joint liability in European courts? This blog has argued so far that some European jurisdictions, amongst those applying the principle of common and joint liability, offer good opportunities for climate change compensation lawsuits. We mentioned in particular the claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-78109075725590712482012-07-17T13:15:00.003-07:002012-07-19T19:49:46.485-07:002012-07-19T19:49:46.485-07:00Climate change compensation lawsuits: Situation report for the U.S.
Situation for Climate Change
Compensation Lawsuits in U.S.
(Image Photoeverywhere.co.uk )
The first wave of climate change litigation at U.S. Federal courts seems to run against a wall, as this article on a recent case confirms. But attorneys defending the industry do not think that the first wave was the end of the story, see this interview with attorney Larry Mason of Segal McCambridge claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com3tag:blogger.com,1999:blog-9159584867967226801.post-58415995195143139032012-06-04T11:38:00.027-07:002012-07-23T14:23:14.047-07:002012-07-23T14:23:14.047-07:00The most appropriate defendants in the Netherlands and Sweden
Potentially Successful Climate Change Defendants
in Holland and Sweden
(Image Claimer.org)
According to various blog entries on our website the Netherlands and Sweden might be amongst those European states where victims of climate change might have the relatively high chance of success when suing climate polluters.
Regarding the general reflections on the selection of appropriate defendants, claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-13442510339884252052012-05-28T15:09:00.008-07:002013-01-19T03:44:08.398-08:002013-01-19T03:44:08.398-08:00Identifying potential defendants in climate damage litigation casesIdentifying the right defendants
for climate damage litigationHow to identify appropriate defendants for climate damage litigation?
When attempting to take legal action against an environmental tortfeaser, the most important reflection, has to take place at the level of the applicable law, or sets of applicable laws and thus the place of jurisdiction. Different jurisdictions can have widely claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com1tag:blogger.com,1999:blog-9159584867967226801.post-823487188616758412012-05-06T19:30:00.004-07:002012-05-09T17:28:31.179-07:002012-05-09T17:28:31.179-07:00Climate change hitting insurance industry twice? U.S. courts to accept climate damage compensation?
Climate Change Litigation Possibly Hitting
the Insurance Industry Twice
The insurance industry might be hit twice by climate change: first by climate change damages and second by an increasing number of climate damage litigation cases. This is the key message of a recent article which is based on a report published in September 2011 by a coalition of investors and environmental groups “Ceres”.claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-47384038756113557772012-04-07T16:31:00.008-07:002012-07-23T13:41:29.793-07:002012-07-23T13:41:29.793-07:00Comer v. Murphy Oil climate change litigation case dismissed again
Comer vs. Murphy Oil court case rejected.
(Image Agencia Brazil)
In one of the oldest cases of climate change litigation, the plaintiffs were dismissed again. In the case, Ned Comer, et al. v. Murphy Oil USA, Inc., the judge referred to the doctrine of "res judicata". On substance, the judge reiterated that the plaintiffs have no standing and put causality in question.
Though the plaintiffs claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com2tag:blogger.com,1999:blog-9159584867967226801.post-84329612072882550852012-03-19T12:55:00.002-07:002012-12-11T14:24:36.607-08:002012-12-11T14:24:36.607-08:00U.S. exposed to litigation risk by signing the UN Convention on the Law of the Seas
U.S. Senate discussing signing-up for the
UN Convention on the Law of the Seas (UNCLOS)
(Image by Lawrence Jackson)
In a “Thecutting Edge” article, Steven Groves of the Heritage Foundation warns against the U.S. signing-up for the UN Convention on the Law of the Seas (UNCLOS or LOS). Signing-up to this convention would expose the U.S. to a high risk of being sued by poor states that are claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-75233951104978938472012-02-27T07:33:00.016-08:002012-07-23T13:39:58.663-07:002012-07-23T13:39:58.663-07:00Climate Change Liability in England, Germany, Poland and Russia
Climate Change Compensation Laws of
the U.K., Germany, Poland and Russia.
England could be an interesting jurisdiction while Germany, Poland and Russia present difficulties with Climate litigation cases according to a book released at the end of 2011, right in time for the Durban summit.
The book we continues to discuss is “Climate Change Liability – Transnational Law and Practive”, edited byclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com1tag:blogger.com,1999:blog-9159584867967226801.post-17827422682349541512012-02-24T09:01:00.014-08:002013-04-07T16:02:34.751-07:002013-04-07T16:02:34.751-07:00Climate Change Liability in Brazil, Canada, Mexico and the United States
Climate Change Legal Framework of
Canada, Brazil, the U.S., and Mexico
(Image Pete Souza).
Brazil has strong environmental laws, but there are few practical cases up till now where these laws have been asserted. In Mexico the laws may not favor compensation because the system requires that a tortfeasor are given a chance to fixes the damages they caused before compensation can be demanded claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-89191268023203100812012-02-19T11:20:00.041-08:002012-04-29T17:48:20.605-07:002012-04-29T17:48:20.605-07:00Climate Change Liability in Egypt, Israel, Kenya and South Africa
Climate change liability
in select African states
(image by Tomas Castelazo).
In Part 3 of the continuing book review, the selected areas in Africa discussed generally do no present good legal conditions for climate change compensation and litigation law suits. Neither South Africa nor Israel have common liability so the amount of the compensation may not be as high as other jurisdictions. claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com1tag:blogger.com,1999:blog-9159584867967226801.post-9261590010621538862012-01-22T11:34:00.007-08:002012-07-24T08:55:08.301-07:002012-07-24T08:55:08.301-07:00Tendencies in national laws with regard to Climate Change Liability - Part 2 Australia and Asia
Climate Change Litigation Laws
in selected Countries of SEA.
(Image Claimer.org)
This is part 2 of a look into national liability laws published right in time for the Durban summit. This section focuses on liability laws in Asia, Southeast Asia, and Australia.
The book we are discussing is “Climate Change Liability – Transnational Law and Practice”, edited by Richard Lord, Silke Goldberg, claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-67509194664551250612012-01-16T11:21:00.006-08:002012-12-13T15:15:25.686-08:002012-12-13T15:15:25.686-08:00Tendencies in national laws with regard to Climate Change Liability - Part 1 Overview
Climate Change Liability
Book Cover.
At the end of 2011, right in time for the November 2011 United Nations Climate Change Conference in Durban, the following book was published:
“Climate Change Liability – Transnational Law and Practice”, edited by Richard Lord, Silke Goldberg, Lavanya Rajamani and Jutta Brunée, Cambridge University Press, Cambridge 2012, ISBN 978-1-107-67366-3.
To our claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-63082342506713976702012-01-06T10:27:00.002-08:002012-07-24T09:11:14.268-07:002012-07-24T09:11:14.268-07:00Comparison of non-contractual liability in EU states
Book Cover
One of the purposes of this blog consists in analyzing where chances for climate litigation might be relatively high. As specific comparative literature is scarce, we refer also to publications that compare the tort law of different states, such as:
“Non-contractual liability arising out of damage caused to another – Principles of European Law”, by Christian von Bar, July 2009, claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-48204709466555826102012-01-03T10:15:00.001-08:002012-11-11T09:50:57.730-08:002012-11-11T09:50:57.730-08:00U.S.: Political question doctrine, standing, and implied preemption notto block climate damage litigation, but rather substantial arguments
In an article published in the Yale Law Journal and to be found here, Benjamim Ewing and Douglas A. Kysar address mainly the issue of “Prods and pleas” or institutional checks and balances. They analyze whether the political question doctrine, standing, and implied preemption should constitute an obstacle to climate litigation in the U.S. Hereunder we list some key paragraphs:
“Although claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com1tag:blogger.com,1999:blog-9159584867967226801.post-11236428868554417802011-12-27T07:58:00.002-08:002012-03-18T19:13:54.379-07:002012-03-18T19:13:54.379-07:00U.S.: 2nd wave of the initiative of “Our children’s trust”
Youth of the U.S. vs. the U.S. Government - round 2.
“Our children’s trust” launched a second wave of its climate change initiative after an opinion was made by the District Court in California on Dec 6, 2011. The second wave, launched in Washington D.C., is targeting the U.S. Government. More to be found here at the climatelawyers.com website or on the website of “our children’s trust”.
The claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-32412182628272061062011-12-09T09:14:00.003-08:002012-07-23T13:42:22.659-07:002012-07-23T13:42:22.659-07:00Special focus on tort law in the Netherlands, part 2 of 2
Tort law in the Netherlands.
We have seen in another article on this blog that the Netherlands might be amongst the best places in the European Union to sue climate polluters. For this reason, we investigate in more detail the Dutch legal system in a view of climate litigation / climate damage compensation cases. We base this investigation mainly on two publications available in English. The claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-22065111966051090952011-12-02T09:05:00.003-08:002012-07-23T13:42:51.351-07:002012-07-23T13:42:51.351-07:00Special focus on tort law in the Netherlands, part 1 of 2
Dutch tort Law
(Image by Jonathunder).
We have seen in another article on this blog that the Netherlands might be amongst the best places in the European Union to sue climate polluters. For this reason, we investigate in more detail the Dutch legal system in a view of climate change litigation / climate damage compensation cases. We base this investigation on two complementary claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-10706598401320937902011-11-04T04:47:00.003-07:002012-03-18T19:16:20.154-07:002012-03-18T19:16:20.154-07:00Overview of environmental liability law in 13 European Union states
(Image by Cosmogoblin).
The following book provides an overview of environmental liability law in 13 European states: “Environmental Liability and Ecological Damage in European Law”, edited by Monika Hinteregger, Cambridge University Press, Cambridge et al. 2008, ISBN 978-0-531-88997-1. Although not dealing with climate litigation, the book also permits to some extent a comparative analysis ofclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com1tag:blogger.com,1999:blog-9159584867967226801.post-87243456661393988852011-10-24T23:22:00.022-07:002012-06-14T19:26:53.116-07:002012-06-14T19:26:53.116-07:00Moscow heat wave 2010 attributable to climate change
Kremlin cast in smog by forest fires
cause by the 2010 heat wave
(Image by Jon Richter).
According to the well-renown Potsdam Institute for Climate Impact Research, the 2010 Moscow heat wave was, with an 80 % probability, the result of climate change. According to a book on environmental liability (further discussed here), “Environmental Liability and Ecological Damage in European Law”, editedclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com2tag:blogger.com,1999:blog-9159584867967226801.post-18327073626781767872011-10-20T20:50:00.001-07:002012-11-11T09:49:11.685-08:002012-11-11T09:49:11.685-08:00What strategy after Obama's u-turn in climate policy?
Obama swearing into office in 2008
(Image MSgt Cecilio Ricardo)
Factory releasing GHGs
(Image by Wallyir)
When Obama became President-elect in September 2008, he stated his first priority as President was going to be revitalizing the economy with job creation and that his second goal was going to be addressing climate change and cutting carbon dioxide emissions by 80 % by 2050. Now towards theclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com1tag:blogger.com,1999:blog-9159584867967226801.post-41370013837600174322011-10-16T18:12:00.001-07:002012-11-11T07:01:35.209-08:002012-11-11T07:01:35.209-08:00Still many hurdles on the way to climate change litigation in the U.S.
Legal hurdles for climate change litigation
(Image by lillysmum)
A full list of issues to be overcome on the way to climate change litigation in the U.S. is to be found in a short article of Michael B. Gerrard, Director of the Center for Climate Change Law at Columbia Law School:
http://www.yalelawjournal.org/the-yale-law-journal-pocket-part/scholarship/claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-40344292928247340312011-09-22T23:28:00.001-07:002012-03-16T08:53:21.769-07:002012-03-16T08:53:21.769-07:00Pacific state Palau seeking an Advisory Opinion from the International Court of Justice
President Johnson Toribiong
of Palau on a coast in Palau
(Image by MC2 Latrice Amers)
The Pacific Island State of Palau recently announced it will request an Advisory Opinion from the International Court of Justice (ICJ), also known as the World Court. Palau would like to know whether countries are legally obliged to mitigate their emissions causing climate change damage elsewhere.
This could claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-33802446209178298072011-09-17T23:30:00.001-07:002012-03-16T08:49:29.181-07:002012-03-16T08:49:29.181-07:00Comparison of U.S. and UK law
U.S. and UK Law Compared
A comparison of U.S. and UK law arguments with regard to climate change litigation / climate damage litigation was recently published by UK Human Rights. The article contains a Eurocentric overview on the development of the legal debate in the U.S.
Just like the book on UK law by Giedré Kaminskaité-Salters we reviewed earlier, this article also compares how climate claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-91526955375089440292011-09-04T04:14:00.001-07:002012-03-16T08:52:09.923-07:002012-03-16T08:52:09.923-07:00Punitive damages in BP oil spill case
A patch of oil flats polluting the shore
in Grand Terre Island, Louisiana.
(Photo by Lars Gange)
A judge in charge of several spill-related lawsuits against BP ruled that claims for punitive damages could be brought by fishermen and other plaintiffs alleging harm to physical property, in addition to the claims for compensatory damages.
Punitive damages are awarded to victims in order to claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-57819365001264105752011-08-20T14:27:00.001-07:002012-05-04T04:28:37.468-07:002012-05-04T04:28:37.468-07:00Climate linked Hurricane Katrina class action re-launched – new legal
argumentsHome destroyed by Hurricane Katrina Gulfport, Mississippi
(Photo by Michele Sandusky)Even after the dismissing ruling of the U.S. Supreme Court in the case American Electric Power Co., Inc. v. Connecticut ”climate damage litigation is far from over”, says one of the best blogs in our field. New theories will be put forward.
What is the proof that climate change litigation will continue? On May claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com1tag:blogger.com,1999:blog-9159584867967226801.post-14957808041763741112011-08-15T15:57:00.001-07:002012-03-16T08:46:06.839-07:002012-03-16T08:46:06.839-07:00Overview on climate change litigation lawsuits in the U.S.
U.S. Supreme Court Building
(Image by Matt H. Wade)
A U.S. law firm publishes and keeps up-to-date an inventory of climate change litigation lawsuits in the U.S. on the website climatecasechart.com.
A list of (so far all dismissed) climate change liability lawsuits in the U.S. can be found at climatelawyers.com.
An overview on recent trends with regard to climate damage compensation lawsuits claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-11324671332543096092011-06-20T23:25:00.004-07:002012-03-18T20:39:43.125-07:002012-03-18T20:39:43.125-07:00U.S. Supreme Court rejects nuisance claim due to preemption on AEP v.Connecticut case
(Image by Claimer.org).
On 20 June 2011, the U.S. Supreme Court ruled that the Clean Air Act and the empowerment of the Environmental Protection Agency (EPA) disables the use of the federal common law of nuisance to limit carbon dioxide emissions. This ruling does not affect law suits aiming to obtain monitory compensation for damages created through the release of those emissions. Therefor claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com1tag:blogger.com,1999:blog-9159584867967226801.post-46213933648338205932011-05-15T09:00:00.001-07:002012-03-17T06:32:18.773-07:002012-03-17T06:32:18.773-07:00Liability under U.S. and Canadian law - references
University of
British Colombia Logo
A treasure of legal references mainly for U.S. law, but also to some extent for Canadian law is to be found in a May 2011 university paper from the University of British Colombia dealing mainly with a hypothetical strong case as a basis for analyzing the various issues of private climate litigation.
The author says: “Current law seems to suggest that claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-64852660143843304932011-05-08T07:45:00.001-07:002012-03-16T08:14:18.286-07:002012-03-16T08:14:18.286-07:00Compensation law in the UK and in the NetherlandsThe book “Climate Change Liability”, edited by Michael Faure and Marjan Peeters in 2011, gives an overview on compensation prospects in the UK and in the Netherlands. The authors also analyze the situation under international public law and European law. The book discusses the idea of climate change litigation as a concept, but also assesses how it has been done and how a similar case can be doneclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-46094815525308844682011-02-27T08:24:00.001-08:002012-03-16T08:11:39.018-07:002012-03-16T08:11:39.018-07:00Liability under German law
Chances for Climate Change
Litigation under German Law
(image by Gerd Altmann)
European Union law on applicable law and jurisdiction, or place that a case can be brought to court. In February 2011, the German lawyer Will B. Frank presents an English short version of an article on climate damage compensation previously published in a German law reviews NJOZ 2010, 2296 (German) and NJW 2010, 3691claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-53106121088868031082010-12-14T15:07:00.002-08:002012-03-16T08:06:09.979-07:002012-03-16T08:06:09.979-07:00Liability under UK law
See it on Google Books
The liability of damages caused by climate change under UK law has been examined in a recent book: “Constructing a Private Climate Change Lawsuit under English Law: A Comparative Perspective” by Giedré Kaminskaité-Salters, Kluwer Law International, ISBN: 9789041132536. In the book the author focuses on why and how climate change litigation should be done in the UK.
The claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-88704613045053768762010-10-15T17:08:00.001-07:002012-03-16T08:02:27.766-07:002012-03-16T08:02:27.766-07:00Liability under international public law
Public hearing at the International
Court of Justice in The Hague
(Photo Yeu Ninje)
In a 2010 study written for the environmental organization FIELD, lawyer Christoph Schwarte comes to the conclusion: “A large part of the relevant legal literature suggests that the main polluting nations can be held responsible under international law for the harmful effects of their greenhouse-gas emissions.” claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-32914486586950141192010-07-25T04:41:00.001-07:002012-03-16T08:00:35.446-07:002012-03-16T08:00:35.446-07:00Insurances expect increase in climate litigation cases and first successes by 2015
survey in 2009 of legal and insurance experts
about sentiment of increase of legal claims
directly related to climate change by 2020
In an early 2010 report covering the results of a survey interrogating insurance specialists, the lawyer and Climate Justice activist Peter Roderick comes to the conclusion: “These results clearly suggest that the possibility of an increase in legal actions asclaimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-43657508991067874032009-11-06T09:20:00.001-08:002012-11-11T06:54:56.484-08:002012-11-11T06:54:56.484-08:00Obligation to disclose the risk of climate change litigation to shareholders
On September 23. 2009, The American Bar Association Section of Environment, Energy, and Resources released a publication outlining the current rules of obligations for corporations that contribute to climate change to disclose to shareholders, the risk that climate change litigation presents, in the United States. Strict rules that demand that such risks be clearly presented to claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-52780811476483233222009-07-24T17:34:00.003-07:002012-05-06T21:10:10.883-07:002012-05-06T21:10:10.883-07:00Munich Re examines climate litigation
Munich RE office Building (image by Munich RE)
One of the two world market leaders in the field or re-insurance, Munich Re, published in 2010 a collection of short articles and of interviews on climate damage compensation.You can read it here on the Munich RE website (or read without Munich Re log-in on Google docs.) The authors mostly regard the classic injunction, nuisance, and compensation claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0tag:blogger.com,1999:blog-9159584867967226801.post-8078334373523792342007-07-20T15:32:00.001-07:002012-03-16T07:51:13.802-07:002012-03-16T07:51:13.802-07:00Greenpeace New Zealand warning local companies
On behalf of Greenpeace, the Australian law firm Maurice Blackburn Cashman has “served notice” on 20 New Zealand companies advising that they could be held liable for their contribution to climate change, writes NZLawyer online. Those companies and their directors were informed that it is important to both evaluate and address climate risk.
Already in 2003, that same law firm, Maurice claimer.orghttp://www.blogger.com/profile/17538017281351416539noreply@blogger.com0