Drought

Climate change and bank liability: Identifying the risk

Publication December 2019

The trend toward corporate liability for climate change-related harm continues to grow. Litigants are identifying novel causes of action and strategies to fix companies with liability for the alleged impact of corporate activity on the environment and, by extension, individuals affected by it. Courts have become more receptive to claims premised on climate risk, where previously such claims would have been considered untenable for want of justiciability, foreseeability or recognized categories of duty of care. In this article, we identify potential litigation risks for banks and recommend how to mitigate those risks.

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