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
Tag Archives: Legal Action
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 March 2017, Climate Central, Trump Moves to Dismantle U.S. Climate Rules. President Trump signed a sweeping executive order Tuesday rescinding numerous federal climate policies and calling for the review and replacement of the Obama administration’s most ambitious effort to control climate pollution — the Clean Power Plan. The order is Trump’s most aggressive move yet to dismantle federal climate regulations even as established climate science shows that man-made global warming is a growing threat to human life and the economy. In all, Trump’s executive order targets at least 23 federal rules, regulations, executive orders, memorandums and reports related to energy and climate change, many of which are likely to be tied up in years of legal wrangling before being decided. The total number is likely much higher because the order directs federal agencies to tally up all their rules and regulations that can be interpreted to “constrain” energy production and prepare them to be rescinded if they’re deemed to be a “burden” on energy production and use. Legal experts and climate scientists say the move abdicates U.S. leadership on climate change and incentivizes nearly unfettered fossil fuels development across the country. Those steps could diminish the chances that countries can prevent the world from warming to levels that scientists consider dangerous — 2°C (3.6°F). ….The details of Tuesday’s executive order show the breadth of the Trump administration’s desire to dispense with existing U.S. climate and energy policy. Read More here
28 October 2016, Renew Economy, Coal wars: A fact check for the Turnbull government. Since Malcom Turnbull replaced Tony “coal is good for humanity” Abbott, the Adani Carmichael Mine, the Galilee Basin and environmental “Lawfare” had been out of the news. But an increase in the coal price and Turnbull’s apparent change of view means the Coal Wars are BACK. It’s time to re-arm yourselves the facts.
CLAIM: The Adani mine will create 10,000 jobs.
FACTS: Adani’s own economist contradicted this under oath in the Queensland Land Court, saying: “Over the life of the Project it is projected that on average around 1,464 employee years of full time equivalent direct and indirect jobs will be created”.
Adani’s economist, Jerome Fahrer from ACIL Allen, found that Adani’s mine and rail operations would employ around 1,800 people directly and create around 1,000 downstream jobs in “other services”. But, in building and operating such a big mine, ACIL found that the project would reduce employment in agriculture, manufacturing and other mining projects by around 1,400 jobs. All this is shown in ACIL’s graph below, with increased jobs at the Carmichael mine in yellow, increases in services in dark purple and reductions in manufacturing, agriculture and other mining below the axis: Read More here