corporate liability

10 posts

New Zealand Legislates Away Climate Tort, Part II: International Climate Obligations and Access to Justice

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 […]

New Zealand Legislates Away Climate Tort, Part I: Smith v Fonterra and the Global Backlash Against Climate Litigation

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 […]

Recognizing Scope 3, Reserving the Remedy: The Paris Court’s TotalEnergies Judgment

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, […]

Can Europe’s Largest Emitters Be Sanctioned for Climate Harm?

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 […]

Amazon Protects: Phase 4 of the Public Prosecutors Project to Fight Deforestation in Brazil

The Amazon Rainforest is the largest tropical forest on the planet, covering an area of approximately 6.3 million square kilometers and extending across Brazil, Peru, Colombia, Ecuador, Venezuela, Bolivia, and the Guianas. Half of the planet’s biodiversity is contained within it. Its vegetation is indispensable for maintaining the global rainfall […]

Corporations, Climate, and the Court: New Directions for Business and Human Rights in AO-32/25

Corporations, especially those engaged in fossil fuel production, agriculture, construction, and transportation, play a significant role in the climate crisis and in its human rights impacts. Holding businesses responsible for their human rights and environmental harms has been a perennial challenge that has become increasingly acute in the climate crisis. […]

Milieudefensie v Shell: 3 Takeaways and Challenges on the Appeal’s Court Decision

Introduction On November 12, 2024, the Dutch Court of Appeal in The Hague issued its eagerly awaited appeals judgment in Milieudefensie (Friends of the Earth Netherlands) and others v. Royal Dutch Shell. The applicants sought an injunction declaring that Shell is legally bound to reduce its carbon dioxide (CO2) emissions […]

State “Climate Superfund” Bills: What You Need to Know

In the first months of 2024, legislators in four states—Maryland, Massachusetts, New York, and Vermont—have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. E&E News reports that similar legislation may soon be […]