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05 February 2020 / Gordon Wignall
Issue: 7873 / Categories: Features , Climate change litigation
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Climate control

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Climate change nuisance litigation: a potential US export, asks Gordon Wignall
  • Common law climate change claims.
  • Displacement by statute: placing limitations on environmental degradation.
  • Public nuisance: the main thrust in the US municipality-led climate changes.
  • Causation: breathtaking theories.

Common law nuisance claims in the US as a species of climate change litigation are little known in England & Wales. Are they likely to have any relevance here?

A symposium at the British Institute of International and Comparative law (BIICL) in January presented a wide range of impressive speakers commenting on various aspects of climate change litigation.

At an early stage, two prominent slides formed part of a presentation by Michael Gerrard, Director of the Sabin Center for Climate Change Law (Columbia Law School). The first showed the number of ‘climate change’ cases being prosecuted around the globe. The US comes in well ahead (in excess of 1,000), with the UK a moderate second (in excess of 50).

The second slide, available for a few seconds, flashed up the titles of

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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