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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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