In its 2020 concluding observations, CESCR expressed its concern regarding Norway’s licensing of oil/gas exploration in the Arctic and Barents Sea because of their impact on global warming. The CESCR recommended that the government reconsiders its licensing decision and make human rights the primary consideration of its natural resource exploitation and export policies. While this […]
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A group of children and youth have brought a mitigation claim to the Committee on the Rights of the Child. They argue that, as children, they are particularly vulnerable to the short and long-term impacts of climate change. By not taking adequate action to reduce their GHG emissions, they are arguing that several governments are […]
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In 2017, the IACtHR handed down an advisory opinion on the environment and human rights. The advisory opinion made it clear that: The right to a healthy environment is an enforceable right; States have obligations to prevent significant environmental damage that impacts human rights; These obligations could apply to climate change. This advisory opinion could pave the […]
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Client Earth’s recent complaint against BP for breaching the OECD guidelines. This alleges a BP advertising campaign in relation to its low carbon activities was misleading.
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Assessment of the legal liability of credit rating agencies for their failure to take account of climate risks in their credit risk assessments.
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An Australian pension fund member filed suit against the Retail Employees Superannuation Trust (REST) alleging that the fund violated the Corporations Act 2001 by failing to provide information related to climate change business risks and any plans to address those risks. The complaint alleged that the pension fund Trustees owed “fiduciary” duties to the members […]
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Client Earth made a complaint to the FRC in 2018 in relation to Lancashire Holdings, an insurance Company, alleging failure to deal adequate with climate risks in its Annual Report. The claim was based on a breach of the European Transparency Directive. Similar claims have been made based on obligations in the Companies Act, including under section […]
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The Commonwealth Climate and Law Initiative has published reports into Directors’ duties here and here. These provide a detailed guide to the duties of directors, trustees and others in common law jurisdictions in the UK, Australia, Canada and South Africa. These duties arise both under common law (duties of care and fiduciary duties) and under companies legislation.
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The claimants purchased shares in Exxonmobill in 2016. The complaint alleged that Exxon’s public statements at that time were materially false and misleading because they failed to disclose that internally generated reports concerning climate change recognized (a) the environmental risks caused by global warming and climate change, and (b) that due to risk associated with […]
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Shareholders of Exxon sued on behalf of the company to recover moneys and assets allegedly wasted by Exxon management. The claim alleged that the Exxon management provided misleading information to investors and regulators on the degree of climate risk to the company, and were in breach of their duty as directors.
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