Climate change and sustainability disputes

Asset management and climate change and sustainability disputes risk

Banking and finance perspective

Energy perspective

Climate change disputes cross border guide: Infrastructure, Mining and Agribusiness perspectives

Insurance perspective

Technology and innovation perspective

Transport perspective

The international legal framework

This article provides an introduction to the current international legal framework addressing climate change and tracks key stages in the framework’s development over the past 60 years.

Anti-trust and competition perspective

International arbitration perspectives

International arbitration is well-placed to play a leading role in resolving climate change and sustainability disputes arising in the context of contractual relationships, investment treaties or state-to-state obligations.

Directors and officers perspective

Securities and regulation perspective

Supply chains perspective

In the fight against climate change and other sustainability concerns, challenges faced by companies in navigating their supply chain woes cannot be ignored.

Climate change and sustainability disputes: Greenwashing

As the demand for eco-friendly products and services grows, so too does the risk of companies overstating their sustainability credentials in order to attract and retain customers and investors. This phenomena has been coined ‘greenwashing’ or the ‘green sheen’ and regulators are starting to take action.”

Climate change and sustainability disputes: Business and human rights perspectives

Human rights based arguments are increasingly being used by claimants in their efforts to hold governments and businesses legally accountable for the effects of climate change. This article provides an overview of emerging trends in rights-based climate litigation, and the risks and ramifications which these trends pose for companies.

Cross-border guide to parent company liability for foreign subsidiaries

The modernisation of international trade fundamentally changed how companies do business. This has also changed, by necessity, how companies structure themselves to operate within this global environment.

Sustainable financing and overcoming the risks of ‘greenwashing’

The appetite for sustainable financing has gained enormous momentum, driven by international initiatives to tackle climate change and promote sustainable development and the significant flows of international capital towards ESG investments.

Climate change litigation update

As at July 2021, the total number of climate change cases filed to date has reached over 1,800 up from about 1,650 as at November 2020.

Dutch court orders Shell to reduce CO2 emissions

On May 26 2021, the district court of The Hague rendered a ground-breaking judgment in collective action proceedings initiated by several non-governmental organizations (including Friends of the Earth (Milieudefensie)) (the NGOs) against Royal Dutch Shell plc (Shell). The NGOs claimed, in short, that Shell had to reduce its overall CO2 emissions by at least 45% from 2019 levels, by the end of 2030 (the Target Reduction). The court ruled in favour of the NGOs and ordered Shell to reach the Target Reduction (the Shell Case). This is stated to be the first time that a court ordered a company to reduce its CO2 emissions in line with the climate goals included in the Paris Agreement.

Landmark climate change decision

An extremely significant decision in the context of climate change litigation was handed down by Bromberg J in the Federal Court (Court) on 27 May 2021 in Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment (Sharma).

UN Report on Climate Litigation Released

In January, the United Nations Environment Programme (UNEP) published a summary of the status and trends in climate change litigation, in cooperation with the Sabin Center for Climate Change Law titled, ‘Global Climate Litigation Report: 2020 Status Review’ (the UNEP Report).

Court of Appeal dismisses climate challenge to development of large-scale gas plant in North Yorkshire

The Court of Appeal has dismissed an appeal by ClientEarth in respect of the Secretary of State’s decision to grant a development consent order (DCO) to Drax Power Limited (Drax) for the construction and operation of two gas-fired generating units at the Drax Power Station in North Yorkshire.

Climate change litigation update

Since our last update, progress on addressing climate change has slowed as the world grapples with responding to the devastating COVID-19 pandemic. As recently noted by António Guterres, the UN Secretary General “the world is way off track” in taking action consistent with the targets in the Paris Agreement.

Heathrow ruling endangers projects globally

The Court of Appeal of England and Wales’ unanimous ruling on 27 February 2020 that the National Policy Statement (NPS) providing for the construction of a third runway at Heathrow Airport was invalid could have wide ramifications for all carbon-intensive industries.

Climate change commitments lead to invalidity of Heathrow Airport extension policy

R (Friends of the Earth) v Secretary of State for Transport and Others [2020] EWCA Civ 214 The UK’s “Airports National Policy Statement: new runway capacity and infrastructure at airports ...

Australia: Climate change litigation update

Globally, 2019 saw a strong rise in climate related litigation. As at January 2020, the total number of climate change cases filed to date has reached approximately 1,444 , up from 1,302 since our update in March last year.

Climate change litigation update

The total number of climate change cases filed to date has now reached 1,302, with 148 new cases being filed since August 2018.