The global rise in the sustainability agenda in the last few years has provided companies with both opportunities and threats. One ever-present threat is that of climate change litigation.
One thing is certain: when a particular argument is successfully raised in a court in one jurisdiction, expect copycat claims to be made in many other jurisdictions using the same argument. So tracking cases in your local jurisdiction is not enough - you need to be tracking cases globally.
My talented colleagues, Elisa de Wit and Holly Stebbing, have published their latest global updater on this topic to help you do just that (link below).
Businesses should be aware of the risks posed by climate litigation, including the reputational risk with the increasing focus on this area, and attempts to broaden liability, such as actions seeking to hold directors personally responsible. An awareness of the types of actions being brought and their outcomes can help businesses take appropriate steps to mitigate such risk. As of September 2022, the total number of climate change cases filed around the world has reached 2419, up from about 1890 in February 2022.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.