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ARTICLE · 03 NOVEMBER 2026

Climate Damage Liability – Different Legislative Aspects Are Coming Into Play

Weightmans LLP
Weightmans LLP
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Climate damage liability litigation continues to evolve globally as governments introduce legislative measures that could fundamentally reshape how companies and insurers approach greenhouse gas emission-related claims. From New Zealand's decision to prevent civil liability findings to US states pursuing 'climate superfund' legislation modeled on toxic waste cleanup laws, the regulatory landscape is shifting dramatically while cases against major emitters proceed through multiple jurisdictions.

United KingdomEnvironment
Aidan Thomson
Aidan Thomson

As climate damage liability litigation rumbles on in multiple jurisdictions, legislative developments will threaten to alter the landscape.

Earlier this year, we warned that the possibility of liability for the injury and damage caused by severe weather is hard for companies responsible for greenhouse gas emissions and their insurers to ignore.

Cases such as the “Peruvian farmer” case and the “Pakistan farmers” case (both brought in Germany against large greenhouse gas emitters based there in relation to climate damage issues in Peru and Pakistan respectively) and the action brought against Shell in the courts of England and Wales by claimants in the Phillippines based on damage caused by Typhoon Odette are becoming more common across a number of jurisdictions.

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