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Climate change litigation efforts, as well as calls for companies to be held liable for knowingly contributing to climate change through past or future GHG emissions, are growing. Note that national and international climate policies and measures have their own Roadmaps, and are not included in the scope of this Roadmap. Nevertheless, there are major questions about the future of climate litigation, as well as the possibility that companies will be held liable for past GHG emissions.
- Although recent court cases in The Netherlands and Germany suggest that litigation against governments for failing to adequately respond to climate change might be gaining ground, will that continue to be the case?
- Is there any realistic possibility that climate change could emulate the course of tobacco litigation, with companies becoming liable for the current and future costs of climate change?
- Will evolving “attribution science” have a signficant impact on climate change litigation outcomes?
- Could the formalization of “Ecocide” in international law have a significant impact on climate change litigation outcomes?
- Could the growing acceptance of the “necessity defense” lead to a surge of civil disobedience and potentially more direct disruptions of business activities on behalf of climate change mitigation?
- How are companies using litigation to counter climate activism?
These are the kinds of questions the Climate Web, based on 20,000 hours of knowledge curation, can help you explore. This Lite Roadmap organizes some of the resources available to you.
Key Law and Litigation Index Entries include:
- I:LawandLitigation (Deep Dive)
Key Topical Headings for books, reports, and journal articles:
- S - EPA Regulation of Carbon Under the CAA
- S - Climate Law General
- S - Atmospheric Trust Litigation
- S - Children's Trust Litigation
- S - CEQA-NEPA-SEPA Litigation
- S - International Climate Law
Key Topical Headings for news and opinion:
- N - Activism and Necessity Defense
- N - Adaptation Liability
- N - Liability Risk
- N - International Law and Litigation
- N - U.S. Litigation
- N - Integrating Climate Science into Law and Litigation
Key Topical Headings for extracted materials:
Key Topical Headings for websites, experts, and more:
- T - Law and Litigation Individuals
- T - Law and Litigation Networks
- T - Law Firms and Litigation Groups
Key Topical Headings for videos:
As a bonus, here are some recent additions to the Climate Web you might find thought-provoking that relate specifically to the topic of this Lite Roadmap (if they seem a bit dated feel free to drop us a line and we’ll make sure to refresh the list!). They represent just the smallest sliver of what’s organized in the Climate Web with the goal of facilitating access to your actionable knowledge.
- 2021/5 Shell-shocked: a watershed moment for climate litigation against fossil fuel companies
- 2021/6 Investor-State Dispute Settlement’ as a new avenue for climate change litigation
- 2021/3 Canada Supreme Court Rules Federal Carbon Tax Is Constitutional
- 2021/2 Court rules France failed to respect its climate change goal
- 2021/3 Teenagers taking the Australian government to court over climate change
- 2021/4 German climate change law violates rights, court rules
- 2021/5 ‘Black Wednesday’ for big oil as courtrooms and boardrooms turn on industry
- 2021/5 Australian court finds government has duty to protect young people from climate crisis
- 2021/5 Hauge District Court Order Regarding Royal Dutch Shell
- 2021/5 Shell’s Court Rebuke Marks the Start of a New War Against Big Oil
- 2021/5 Supreme Court Gives Big Oil a Win in Climate Fight With Cities
- 2021 Golnaraghi_Climate change litigation - insights into the evolving global landscape
- 2021 Silverman-Roati_US Climate Litigation in the Age of Trump - Full Term
NOTE: Accessing the Climate Web via Roadmap hyperlinks can be a bit disconcerting if you’re not familiar with TheBrain software’s basic functionality, which you can explore via the Basic Navigation link at right. If you do explore some of the links, please remember that Open Access to the Climate Web (via the cloud) is both much slower and less powerful than Premium Access to the Climate Web (which allows you to download the Climate Web to your computer AND take advantage of TheBrain’s superior desktop and mobile softwares).
To clearly see the differences between a Lite Topical Roadmap and a Premium Topical Roadmap, you can take a look at both versions of the Under-Estimating Climate Risks Roadmap:
The Premium Law and Litigation Roadmap digs much deeper into the topics already flagged at the top of this page, among others. Representing hundreds of hours of research and knowledge curation, the Premium Roadmap links together together explanatory materials, topical headings, individual reports, news stories, videos, and websites, curated topical dashboards for exploring key topics, and even individual ideas and graphics the Climatographers have extracted from a wide range of key sources. The Premium Law and Litigation Roadmap walks you through:
- The history of climate change litigation
- The legal theories in play
- International Ecocide law
- Evolving attribution science and climate litigation
- The evolving necessity defense
- Business use of litigation to counter climate activism
- The prospects for future climate litigation
- Prospects for potential business liability
- And much more
To get beyond Climate Litigation 101 conversations, and to take advantage of today’s collective knowledge in this area: access the Law and Litigation Premium Roadmap here.
Alternatively, if you’re interested in a webinar or brainstorming session, or a customized topical Dashboard or Roadmap for a related topic, contact us!
You can review the Lite versions of more than 20 Topical Roadmaps, and access their respective Premium Roadmaps, through this Climate Site. We welcome your feedback on other Roadmaps you’d like to see.
Business decision-makers are expected to incorporate climate risks and opportunities into their planning and decision-making. But these are relatively new topics for many decision-makers, and all kinds of underlying assumptions are in play when it comes to:
- Climate change itself
- The business materiality of climate risks and opportunities
- The economics of climate change and climate change mitigation
- The changing probabilities of extreme events and business disruptions
- The timing of potential climate change and climate policy tipping points
- The likely evolution of climate policies and measures
- How climate risks will play out at the sectoral level
There are too many potential assumptions for a fixed Roadmap, but the Climate Web is structured to make it possible to re-visit and potentially challenge all kinds of climate assumptions. Learn more at this dedicated Climate Site.
Note: This Climate Site has been extracted from the Climate Web to make the material contained here easier to access. That said, this Climate Site represents just the smallest sliver of what you can do with the Climate Web. You can learn more through the links present to right of the website page, and:
To learn more about how the Climate Web is structured and its capabilities, use this Climate Site.
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