Ganguly, Setzer and Heyvaert, ‘If at First You Don’t Succeed: Suing Corporations for Climate Change’

This article discusses the history and the future prospects of private climate litigation, which seeks to hold private entities legally accountable for climate change-related damage or threats of damage. It argues that, following failed attempts to clear judicial thresholds with regard to standing, proof of harm and causation, a new wave of private climate change lawsuits can be identified, and it is by no means doomed to failure. This is because climate change litigation takes place in a rapidly evolving scientific, discursive and constitutional context, which generates new opportunities for judges to rethink the interpretation of existing legal and evidentiary requirements and apply them in a way that will enhance the accountability of major private carbon producers. Moreover, even unsuccessful cases can contribute to articulating climate change as a legal and financial risk, which may help to guide climate change-responsive adjudication in the longer term.

Geetanjali Ganguly, Joana Setzer and Veerle Heyvaert, If at First You Don’t Succeed: Suing Corporations for Climate Change, Oxford Journal of Legal Studies, Published: 20 October 2018.

First posted 2018-10-25 06:14:37

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