5 September 2017, Reuters, ANALYSIS-Hurricane Harvey’s aftermath could see pioneering climate lawsuits. After disasters in the United States like Hurricane Harvey, lawyers get busy with lawsuits seeking to apportion blame and claim damages. This time, a new kind of litigation is likely to appear, they say – relating to climate change. That’s because rapid scientific advances are making it possible to precisely measure what portion of a disaster such as Harvey can be attributed to the planet’s changing climate. Such evidence could well feed negligence claims as some victims of the hurricane may seek to fault authorities or companies for failing to plan for such events, according to several lawyers interviewed by the Thomson Reuters Foundation. “As extreme weather events and related damages and other impacts increase in severity … courts will increasingly be called upon to seek redress for damages suffered,” said Lindene Patton, a risk-management lawyer with the Earth & Water Group, a Washington-based specialty law firm.Hurricane Harvey last week brought unprecedented destruction as incessant rain and winds of up to 130 miles per hour caused catastrophic damage, making large swathes of Texas and Louisiana uninhabitable for weeks or months. Images of soldiers and police in helicopters and special high-water trucks rescuing Texans stranded by floodwater brought back painful memories of the devastation wrought by Hurricane Katrina in Louisiana a decade ago. The U.S. Environmental Protection Agency has rejected a contention by scientists and the U.N.’s World Meteorological Organization that the historic rainfall from Harvey was linked to climate change. Still, the dramatic scenes rekindled questions about the extent to which climate change can be blamed for such a monster hurricane, beyond broad predictions that global warming will increase the frequency of freak weather events. This time around, scientists are increasingly confident they can come up with answers.Their tool is a new science, known as event attribution, which determines what proportion of a specific extreme weather event can be blamed on climate change. Read More here
Category Archives: Equity & Social justice
29 August 2017, The Independent, A “wave of legal action” over climate change has already begun and cases will become more likely to succeed as the scientists get better at attributing extreme weather events to global warming, activists have warned. Writing in the journal Nature Geoscience, lawyers from ClientEarth in London and Earth & Water Law in Washington DC said events previously regarded as “acts of God” could increasingly land humans with a bill for damages. Companies and their directors, government agencies and others with a duty of care, who fail to disclose relevant information or to plan ahead, could all potentially be in legal trouble. Several legal cases are already underway in the US with a group of young people suing the US federal government for allegedly creating and enhancing the dangers of climate change; coastal communities in California suing fossil fuel companiesover sea-level rise; and the New York attorney general’s office investigating ExxonMobil amid claims the company may have misled shareholders about the financial risk posed by climate change. The Nature Geoscience article said: “The question is not whether there will be another wave of climate-related litigation — the wave is already in motion. “The question instead is whether it will be more successful than previous efforts. Read More here
29 August 2017, Climate Home, Hurricane Harvey: lawyers warn of climate lawsuits over damages. Hurricane Harvey is wreaking unprecedented damage on Texas. Should city planners, government agencies and businesses have seen it coming? Could they have prevented death and disruption by acting differently? Increasingly, such questions will be litigated in courtrooms and rely on climate science to answer, three environmental lawyers wrote in the journal Nature on Monday. Advances in the science of linking weather extremes to global warming has the potential to change the legal landscape, they write. The more clearly scientists can demonstrate an event was foreseeable, the more victims can – and will – seek redress from negligent authorities. “In a world where events like Hurricane Harvey are predicted to increase, and predicted confidently by scientists… courts will be called upon more and more to disentangle these issues,” co-author Sophie Marjanac, an Australian-qualified lawyer with Client Earth, told Climate Home. Marjanac give examples of potential targets for lawsuits. In Houston, Texas, developers were allowed to build on wetlands that otherwise would have helped to drain floodwaters. If it can be shown those decisions endangered people and property – and failed to anticipate known climate risks – the relevant authorities could be on the hook for payouts, she said. Read more here
28 August 2017, NewSecurityBeat, Flooding in Bangladesh: Calling Out Climate Change From the High Ground. Floods have taken the lives of more than 100 people in northern Bangladesh over the last two weeks. Fully one third of the country has been flooded and some 600,000 people have been displaced in the riverine nation as a result of monsoons in India and Nepal. At international climate forums, Bangladeshi diplomats consistently decry such disasters as part of their urgent calls for action to mitigate changing weather patterns worldwide. But here in the country’s Rangpur-Kurigam region, both authorities and citizens have been reluctant to attribute these deadly disasters to the effects of climate change. Views From the Flood Zone As part of a team of social scientists from American University (Washington, DC,) and North South University (Dhaka, Bangladesh), we have been traveling the country to find out why. Authorities, already taxed by emergency relief expenditures to help citizens recover from July’s floods, do not seem eager to acknowledge yet another crisis (especially when Bangladesh’s government and its Supreme Court are embroiled in a battle for authority). The government may also be trying to avoid drawing attention to the fact that much of the flooding has come from the opening of a dam upstream on the Teesta River in India, as the two nations currently enjoy strong bilateral relations. In addition, government officials may be hesitant to label the current crisis with an abstract, diffuse concept that is more of a long-term issue, said North South University researcher Salahuddin M. Aminuzzaman. Government officials are extremely willing to “call out” natural disasters like cyclones, monsoons, floods and drought, he said; governments can provide short-term relief for concrete, short-term problems like disasters, and, if they are organized, they can improve their stock among voters. But climate change is an amorphous, distant, and foreboding challenge. Read More here