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ARTICLE · 20 JUNE 2018

Ten Inconvenient Truths About Climate Change Tort Claims

In the last decade a series of tort claims have been brought in the US against oil, gas and coal producers, power companies and car manufacturers seeking compensation ...

United StatesLitigation, Mediation & Arbitration

In the last decade a series of tort claims have been brought in the US against oil, gas and coal producers, power companies and car manufacturers seeking compensation for loss and damage said to be the result of climate change caused by GHG (GreenHouse Gas) emissions. To date, none has succeeded. The imposition of private law liability for climate change "has been seen as a kind of holy grail by environmental campaigners and as an unacceptable disaster scenario by sectors of industry which might have to bear the cost" (Lord et al. Climate Change Liability: Transnational Law and Practice (2012)).

In January 2018 it was widely reported that New York City has filed a lawsuit against five major oil companies, claiming for the costs of modifying city infrastructure (coastal defences, storm drains, air conditioning in public buildings etc.) to cope with rising sea levels, extreme weather events and increased summer heat attributed to global warming. Coastal cities in

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