Cross-cutting Issues

319 posts

Smith v Fonterra: A Common Law Climate Litigation Breakthrough

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Even as successful cases against governments have blossomed, private suits face significant barriers. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra, decided by New Zealand’s Supreme […]

An Opportunity to Strengthen Climate Risk Management in the Derivatives Market

This piece previously appeared in EDF’s Climate 411 Blog.  Disasters that are fueled by climate change, like fires, floods, and hurricanes, increasingly pose risks to the U.S. financial system, including the derivatives market. The U.S. Commodity Futures Trading Commission (CFTC) regulates the derivatives market and is now considering updates to […]

Sabin Center Publishes Report on Climate Litigation in 2023

Today, the Sabin Center published an end-of-year report on the state of climate change litigation in 2023. The report, titled Climate Change in the Courts: A 2023 Thematic Retrospective, examines key cases and rulings that have shaped the legal discourse on climate change in 2023 or that are poised to […]

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

Climate litigation in Germany has achieved another major victory. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA). The program is intended to ensure compliance […]

Sabin Center’s Network of Peer Reviewers Responds to African Commission’s Call for Comments on Climate Change and Human Rights

Last week, the Sabin Center’s Peer Reviewer Network provided a detailed comment in response to the African Commission on Human and Peoples’ Rights’ Call for Comments on the draft study concerning the impact of climate change on human rights in Africa. The comment offers recommendations to strengthen the draft study’s […]

Climate Attribution and the Willow Project: Federal Obligations to Evaluate the Effects of Fossil Fuel Leasing on Endangered Species

In November, a judge in the U.S. District Court for the District of Alaska dismissed two lawsuits filed by environmental organizations and an indigenous Iñupiat group seeking vacatur of the Biden administration’s approval of the Willow oil and gas project. As we have detailed in previous blog posts, the Willow project […]

Executive Actions to Ensure Safe and Responsible Ocean Carbon Dioxide Removal Research in the United States

The Sabin Center published a new report today recommending actions that federal agencies could take to ensure safe and responsible permitting and regulation of ocean carbon dioxide removal (CDR) research in U.S. waters. The Intergovernmental Panel on Climate Change has concluded that CDR will be needed, alongside deep emissions cuts, […]

‘La Acción de Cumplimiento’ as a Legal Mechanism to Implement Colombian Climate Change Laws

Colombia accounts for 0.4% of the global greenhouse gas emissions (“GHG”). The agricultural, land use and forestry sectors are the largest sources of GHG emissions in Colombia, representing 59.1% of the national total. By 2030, Colombia aims to reduce its emissions by 51% in all sectors and achieve carbon neutrality […]