* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Download Liability for climate change-related damage in
Climate change and poverty wikipedia , lookup
Fred Singer wikipedia , lookup
Effects of global warming on humans wikipedia , lookup
Global warming controversy wikipedia , lookup
Global warming wikipedia , lookup
Attribution of recent climate change wikipedia , lookup
Media coverage of global warming wikipedia , lookup
Global warming hiatus wikipedia , lookup
Scientific opinion on climate change wikipedia , lookup
United Nations Framework Convention on Climate Change wikipedia , lookup
Climate change, industry and society wikipedia , lookup
Climate change feedback wikipedia , lookup
Politics of global warming wikipedia , lookup
IPCC Fourth Assessment Report wikipedia , lookup
Surveys of scientists' views on climate change wikipedia , lookup
Liability for Climate Change-Related Damage in Domestic Courts: Claims for Compensation by Elena Kosolapova Centre for Environmental Law University of Amsterdam Outline: • • • • Introduction Summary of claims Analysis of legal challenges Conclusion Introduction • UNFCCC liability mechanism NO • Claims in international courts NO • Claims in domestic courts YES Climate Change Litigation: 1. Claims related to procedural injury 2. Claims for injunctive and/or declaratory relief 3. Claims for compensation Claims summarised • California v GMC California v General Motors Corporation, et al., Case No. C06-05755 MJJ, Order Granting Defendants’ Motion to Dismiss (N.D. Cal. 2007) • Comer v Murphy Oil Comer, et al. v Murphy Oil USA, inc., et al., 2009 WL 3321493 (C.A.5 (Miss.)) • Kivalina Native Village of Kivalina v ExxonMobil Corp., et al.,2009 WL 3326113 (N.D. Cal.) California v GMC • Public nuisance global warming lawsuit for damages • Dismissed under political question doctrine • Appeal filed with Ninth Circuit 10/2007, Briefing completed 8/2008, Oral argument in 2009 Comer v Murphy Oil • Public nuisance class action suit for damages • Dismissed due to lack of standing & under political question doctrine • Plaintiffs appealed Comer v Murphy Oil (cont’d) • 16 October 2009: district court’s judgement reversed by Fifth Circuit • Plaintiffs-appellants have Article III standing • Claims do not present non-justiciable political questions Kivalina • Public nuisance global warming action for damages • 30 September 2009: claim dismissed by district court due to lack of standing & under political question doctrine Legal Challenges: • • • • • Non-justiciability of political questions Standing Causation Attribution (please see paper) Retroactivity (please see paper) Non-justiciability of Political Questions • Separation of powers • Political questions to be decided by the elected branches Standing [T]o satisfy Article III’s standing requirements, a plaintiff must show (1) it has suffered an “injury in fact” that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.[1] [1] Friends of the Earth, Inc. v Laidlaw Environmental Services, Inc., 120 S.Ct. 693 (2000), p. 704, citing Lujan v Defenders of Wildlife, footnote omitted. Causation 1. Causation as an element of standing (“fairly traceable”) 2. Causation on the merits Complex causal chain: GHG emissions from a given source global warming () climate change extreme weather events injury suffered by plaintiffs Conclusion • • • • Challenges at the interstate level: Attribution, causation, retroactivity & standing PLUS Breach of an international obligation Competent courts Compensation amounts DECLARATORY RELIEF? Questions? Comments?