News & Analysis as of

Climate Change Duty of Care

K&L Gates LLP

Climate-Related Financial Disclosures: What are They and What do They Mean?

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Overview - Background - The Australian Government recently released an exposure draft of the legislation to implement mandatory climate-related financial disclosures (Draft Legislation). This follows the release of draft...more

Latham & Watkins LLP

New Zealand Supreme Court Paves Way for Novel Climate Change Claim

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On appeal of a strike out decision, the Court gives the plaintiff “his day in court” to argue that corporates owe a common law duty of care in tort to reduce greenhouse gas emissions. On 7 February 2024, the Supreme...more

Paul Hastings LLP

The Evolving Role of Boards of Directors Regarding Business and Human Rights

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Three years ago, as part of the EU’s initiative on sustainable governance, the European Commission released a lengthy study on directors’ duties. The study affirmed what many already understood: corporate decision makers face...more

Hahn Loeser & Parks LLP

The Metaverse: Will It Be a Better-Verse for Climate Change Awareness?

If you started off your knowledge of the Metaverse by calling it an “adult version of the SIMS”, then don’t worry, you’re in good company. The Metaverse—the “next evolution” of Facebook— is essentially where our digital world...more

BCLP

Banking Bites - June 2022

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New High Court case considers nature and scope of the Quincecare duty - In June, the Court of Appeal expanded the scope of a bank’s duty of care to protect its customers from fraud to encompass instructions by those other...more

Akin Gump Strauss Hauer & Feld LLP

‘Mission Critical’—Revisiting the Board’s Oversight Role After In re: Boeing Co.

Recent rulings in the United States and overseas, coupled with the Securities and Exchange Commission’s (SEC) recently proposed disclosure rules covering climate-risk disclosures, underscore the attention boards of directors...more

White & Case LLP

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

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In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

Hahn Loeser & Parks LLP

“OK, Doomer”: Climate Change Litigation Led by Our Youth and Indigenous Peoples

In both Australia and the United States, indigenous peoples and the younger generation have been raising the torch in instituting legal battles to challenge the government and the private sector regarding climate change...more

A&O Shearman

New Zealand Court of Appeal rejects claim seeking to hold large corporates accountable for climate emissions

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New Zealand’s Court of Appeal dismissed the first climate change litigation case brought in New Zealand targeting corporate defendants for their greenhouse gas emissions....more

Jones Day

Belgian and French Courts Ruled on New Climate Lawsuits Against Governments

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On May 26, 2021, the Hague District Court ordered, in a groundbreaking decision, Royal Dutch Shell Plc to ensure that the aggregate annual volume of all carbon dioxide emissions of the Shell group, its suppliers, and...more

White & Case LLP

Next up in Climate Litigation: Belgian Court condemns Climate Change Policies of Belgian Federal and Regional Governments

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As yet another sign of the surge of climate change litigation around the world, yesterday the Brussels Court of First Instance found the Belgian federal and regional governments in breach of their duty of care and human...more

Jones Day

Federal Court of Australia Rules That the Government Owes Duty of Care to Australian Youth on Climate Change

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The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma) that, when deciding whether or not to grant approval to a coal mine...more

K&L Gates LLP

A Novel Duty of Care? Recent Developments in Australian and International Climate Change Law

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In the past month, a number of landmark developments have occurred in climate change law in Australia and overseas, which have the potential to materially impact emissions intensive corporations and projects. These reflect...more

Jones Day

Landmark Settlement of Lawsuit Against Australian Superannuation Fund Over Climate Change Risks

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A major superannuation fund has promised to enhance its management of climate change risks, disclose to members how those risks are addressed and align its investment portfolios to net-zero emissions by 2050. In mid-2018,...more

Jones Day

Class Action Suit Filed in Australia Opposes Coal Expansion Project on Behalf of Global Youth

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On September 8, 2020, the law firm Equity Generation Lawyers filed a class action on behalf of young people globally, seeking an injunction to restrain the Australian Government's Minister for the Environment, Sussan Ley,...more

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