abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

11 Aug 2017

Author:
Nicholas M. Berg, David Nordsieck & Michael R. Littenberg, Ropes & Gray LLP, on Lexology (USA)

USA: California lawsuits against 37 fossil fuel companies may change landscape of climate change litigation, say lawyers

“Spate of Suits Brought by California Communities for Sea Level Rise May Change Landscape of Climate Change Litigation”, 8 Aug 2017

A recent trio of cases filed in California state court seek to hold [37] major fossil fuel companies liable for the effects of sea level rise they allege to be caused by climate change…

A spokesperson for one of the defendants has been quoted as saying in response to the lawsuits that “climate change is a complex societal challenge” that “should be addressed through sound government policy and cultural change…not by the courts.” A spokesperson for Norwegian oil & gas company Statoil, also a named defendant, agreed, stating: “previous cases have been dismissed” because climate change “is a political, not judicial, issue.”…

…It is too early to say how trends and decisions abroad may impact climate change litigation brought here in the U.S. against private companies. But the recent trio of California lawsuits may prove to be bellwethers of whether courts in the U.S. have become more receptive to climate change litigation. Even if the claims are not ultimately successful, the theories of liability that these California communities have asserted—some of which are novel in this context—may reshape the landscape of corporate social responsibility litigation in the years to come as society settles on the appropriate role of the courts in responding to climate change.

Part of the following timelines

USA: 3 Californian communities sue 37 “carbon majors” seeking compensation for costs of adapting to sea level rises linked to climate change

Kivalina lawsuit (re global warming)

California communities’ lawsuit against 37 fossil fuel companies (re climate change compensation)

RWE lawsuit (re climate change)

Privacy information

This site uses cookies and other web storage technologies. You can set your privacy choices below. Changes will take effect immediately.

For more information on our use of web storage, please refer to our Data Usage and Cookies Policy

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

Analytics cookie

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

Your privacy choices for this site

This site uses cookies and other web storage technologies to enhance your experience beyond necessary core functionality.