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

15312
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 the most prominent common law claims being litigated

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Jurit LLP—Caroline Williams

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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