This is the second of two posts examining New Zealand’s Climate Change Response (Tort Liability) Amendment Act 2026. Part I examined the legislation’s intervention in Smith v Fonterra and situated it within an emerging international backlash against corporate climate litigation. This post asks a different question: what does New Zealand’s […]
climate litigation
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This is the second of three consecutive posts on corporate climate accountability. Yesterday’s post examined the Paris Judicial Court’s June 2026 ruling in Notre Affaire à Tous et al. v. TotalEnergies SE. On August 18, 2026, New Zealand’s Parliament enacted the Climate Change Response (Tort Liability) Amendment Act 2026 (the Liability […]
This is the first of two consecutive posts on corporate climate accountability. Tomorrow’s post examines the New Zealand government’s decision to legislate away corporate climate tort before trial — a case study in what happens when governments answer the accountability question before courts can reach it. On June 25, 2026, […]
Earlier this week, on April 21, 2026, the U.S. District Court for the District of Massachusetts enjoined five secretarial orders issued by the Department of the Interior (“DOI”) and U.S. Army Corps (“USACE”) that collectively imposed sweeping constraints on wind and solar development across the United States. The Sabin Center’s […]
Introduction As a British judge with a special interest in environmental law, I have over the last two decades taken a particular interest in the developing role of the courts across the world in response to the challenges of climate change. In this article I shall look back at my […]
One of the most fundamental questions in climate justice is also one of the most difficult to answer: how can the climate impacts of carbon dioxide emissions generated in one country be made legally sanctionable in another? Those most affected by climate change often lack access to effective remedies, while […]
Update: On March 9th, the D.C. Circuit ordered the parties to file simultaneous supplemental briefs addressing “whether, in light of Section 60002 of the One Big Beautiful Bill Act,” the Appellees’ claim that violations of the IRA and/or the constitution provide a basis for a preliminary injunction “continues to provide a […]
Yesterday the U.S. Supreme Court granted three fossil fuel companies’ petition for a writ of certiorari seeking review of the Colorado Supreme Court’s opinion allowing the County Commissioners of Boulder County and the City of Boulder (together, Boulder) to proceed with their state-law claims that the companies are liable for […]