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    Gerrard Brazil Climate Litigation Slides

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    Fórum de Desenvolvimento do Rio
    This document summarizes litigation related to climate change from 2013 and earlier. It notes that 420 climate change cases have been resolved in the US, with smaller numbers in other countries. It discusses how the US Supreme Court ruled that the Clean Air Act displaces federal common law nuisance claims for greenhouse gas emissions. Some key international climate change lawsuits are also summarized, including a case from the Netherlands where the court ordered the government to reduce emissions by at least 25% from 1990 levels by 2020. A case from Pakistan found the government had a duty to prevent climate change under the constitution. A petition was also filed in the Philippines arguing major carbon emitters should be held accountable for human rights violations from climate change impacts.

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    Gerrard Brazil Climate Litigation Slides

    Uploaded by

    Fórum de Desenvolvimento do Rio
    18 views27 pages
    This document summarizes litigation related to climate change from 2013 and earlier. It notes that 420 climate change cases have been resolved in the US, with smaller numbers in other countries. It discusses how the US Supreme Court ruled that the Clean Air Act displaces federal common law nuisance claims for greenhouse gas emissions. Some key international climate change lawsuits are also summarized, including a case from the Netherlands where the court ordered the government to reduce emissions by at least 25% from 1990 levels by 2020. A case from Pakistan found the government had a duty to prevent climate change under the constitution. A petition was also filed in the Philippines arguing major carbon emitters should be held accountable for human rights violations from climate change impacts.

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    This document summarizes litigation related to climate change from 2013 and earlier. It notes that 420 climate change cases have been resolved in the US, with smaller numbers in other countries. It discusses how the US Supreme Court ruled that the Clean Air Act displaces federal common law nuisance claims for greenhouse gas emissions. Some key international climate change lawsuits are also summarized, including a case from the Netherlands where the court ordered the government to reduce emissions by at least 25% from 1990 levels by 2020. A case from Pakistan found the government had a duty to prevent climate change under the constitution. A petition was also filed in the Philippines arguing major carbon emitters should be held accountable for human rights violations from climate change impacts.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    18 views27 pages

    Gerrard Brazil Climate Litigation Slides

    Uploaded by

    Fórum de Desenvolvimento do Rio
    This document summarizes litigation related to climate change from 2013 and earlier. It notes that 420 climate change cases have been resolved in the US, with smaller numbers in other countries. It discusses how the US Supreme Court ruled that the Clean Air Act displaces federal common law nuisance claims for greenhouse gas emissions. Some key international climate change lawsuits are also summarized, including a case from the Netherlands where the court ordered the government to reduce emissions by at least 25% from 1990 levels by 2020. A case from Pakistan found the government had a duty to prevent climate change under the constitution. A petition was also filed in the Philippines arguing major carbon emitters should be held accountable for human rights violations from climate change impacts.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    You are on page 1of 27

    The Role of Litigation in

    Addressing Climate
    Change
    Michael B. Gerrard
    Andrew Sabin Professor of Professional Practice
    Director, Sabin Center for Climate Change Law
    March 2016

    Resolved Climate Change Cases


    Through 2013
    420 United States
    70 Australia
    35 United Kingdom
    30 European Union
    14 New Zealand
    14 Spain

    Civil Liability for Greenhouse Gas


    Emissions

    Federal common law of nuisance

    American Electric Power v. Connecticut (2011): Clean Air Act


    displaces federal common law of nuisance for injunctive relief
    for GHG emissions
    Native Village of Kivalina v. ExxonMobil (9th Cir. 2012), Comer v.
    Murphy Oil (5th Cir. 2013): Claims for money damages also
    displaced (Note: BP a defendant in both.)

    State common law of nuisance


    Possibility explicitly left open in American Electric Power
    AEP plaintiffs did not pursue; no other claims brought yet
    Clean Air Act preemption issue unresolved

    Public trust doctrine cases


    Dismissals based on lack of standing; public trust doctrine does
    not apply to atmosphere; separation of powers

    Urgenda Foundation v. Kingdom of the


    Netherlands (Hague District Court, June 24, 2015)

    Leghari v. Federation of Pakistan (Lahore


    High Court, Sept. 4 and Sept. 14, 2015)

    Petition to Commission on Human Rights of the


    Philippines Requesting for Investigation of the
    Responsibility of the Carbon Majors for Human
    Rights Violations or Threats of Violations Resulting
    from the Impacts of Climate Change
    Filed September 22, 2015 in Quezon City by Greenpeace
    Southeast Asia and Philippine Rural Reconstruction Movement,
    stating: The Carbon Majors should be held accountable for
    violations or threats of violations of Filipinos rights (a) to life;
    (b) to the highest attainable standard of physical and mental
    health; (c) to food; (d) to water; (e) to sanitation; (f) to
    adequate housing; and (g) to self-determination resulting from
    the adverse impacts of climate change.
    Seeks investigation, and recommendation that the President
    call upon other States, especially where the investor-owned
    Carbon Majors are incorporated, to take steps to prevent,
    remedy or eliminate human rights violations resulting from
    the impacts of climate change

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