Cross-cutting Issues

470 posts

A look back at significant decisions in climate litigation in 2022

By Maria Antonia Tigre As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. 2022 was no different, with courts further delineating the procedural dimensions of climate cases and expanding on the […]

Sabin Center files third-party intervention in the Klimaseniorinnen case at the European Court of Human Rights

On Monday, December 5, the Sabin Center filed written observations as a third-party intervener at the European Court of Human Rights (ECtHR) in Verein KlimaSeniorinnen and others v Switzerland. The case was brought in November 2020 by a group of senior women who allege that their health is threatened by […]

New Article Examines How Plaintiffs Can Establish Causation in Fossil Fuel Disinformation Lawsuits

  Over the past five years, there has been significant growth in litigation aimed at holding fossil fuel companies accountable for their contributions to climate change. In the U.S., dozens of state and municipal governments have filed tort and consumer protection lawsuits seeking equitable relief as well as financial compensation […]

Municipalities of Puerto Rico v. Exxon: a unique class action against fossil fuel companies presses for climate accountability in the United States

By Korey Silverman-Roati and Maria Antonia Tigre On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses […]

DOL Rule Clarifies that ESG Analysis is Consistent with Fiduciary Duty. Will it Preempt State Anti-ESG Laws?

  The federal Department of Labor (“DOL”) issued a final rule on Tuesday, November 22, allowing plan fiduciaries to consider climate change and other environmental, social and governance (“ESG”) characteristics when they choose investments and exercise shareholder rights, reversing a Trump-era rule that sought to constrain this type of risk […]

Indonesian Human Rights Commission’s first human rights complaint on the impacts of climate change

Guest Commentary: Indonesian Human Rights Commission’s first human rights complaint on the impacts of climate change By Margaretha Quina and Mae Manupipatpong*   In July 2022, Indonesians at the frontline of climate change filed a claim before the National Human Rights Commission seeking recognition that climate change is a matter […]

New York City’s Local Law 97: REC Mechanism Lacks Additionality; Will Set Price Too Low

By Amy Turner This blog post is adapted from testimony delivered at the New York City Department of Buildings hearing on proposed rule §103-14, Procedures for Reporting on and Complying with Annual Greenhouse Gas Emissions for Certain Buildings in connection with the City’s building performance standard, Local Law 97. The […]

Are Collective Net Zero Targets Anticompetitive?

  Over 150 business climate collaborations have arisen in recent years as the private sector has begun to grapple with its role in combatting climate change. The functions of these associations range from establishing shared net zero targets to developing frameworks for carbon accounting. As these groups have proliferated, they […]