A Nuisance Or A Nonsense? Liability For Products With Greenhouse Emissions

Key Points

• It is unlikely an action in Australia alleging that products which emit greenhouse gases are a public nuisance or defective would be successful at present.

• Companies should be aware of the risk of litigation for publicity reasons or to promote law reform.

Media attention, a growing public awareness and a change in the political climate have pushed climate change to the forefront of public debate. As a result, environmental groups and other litigants around the world are exploring ways to seek redress for the harm caused by greenhouse gas emissions.

Should Australian manufacturers and suppliers of such goods be concerned?