Category Archives: Land use and Environment

Lynda Butler, ‘Property’s Problem with Extremes’

Abstract Western-style property systems are ill-equipped to deal with extremes – extreme poverty, extreme wealth, extreme environmental harm. Though they can effectively handle many problems, the current systems are inherently incapable of providing the type of reforms needed to address extreme situations that are straining the fabric of societies – situations that are stressing the […]

‘Personal Data as an Environmental Hazard’

Omri Ben-Shahar, ‘Data Pollution’, University of Chicago Public Law & Legal Theory Paper Series, No 679 (forthcoming 2018), available at SSRN. What was the nature of the harm when data on 143 million Equifax consumers was stolen? More generally, what is the problem with personal data use and misuse by commercial players? The most immediate […]

‘Report On Debate At SPUI25: The Urgenda-Judgement: Judicial Activism or Logical Step?’

“On the 6th of November, a public debate was organized by SPUI25 in collaboration with the Paul Scholte Centre for Jurisprudence and the Faculty of Law of the University of Amsterdam in response to the recent Urgenda-decision. In this decision, the Hague Court of Appeal concluded that the State is acting tortuously in having a […]

Peel, Osofsky and Foerster, ‘A “Next Generation” of Climate Change Litigation?: An Australian Perspective’

Abstract Since conclusion of the Paris Agreement and the high-profile Urgenda case, potential new avenues for strategic climate litigation have received considerable attention in many countries, including Australia. Australia already has a substantial climate jurisprudence, primarily involving administrative challenges under environmental laws. This paper aims to examine the prospects for a ‘next generation’ of cases […]

Ganguly, Setzer and Heyvaert, ‘If at First You Don’t Succeed: Suing Corporations for Climate Change’

Abstract This article discusses the history and the future prospects of private climate litigation, which seeks to hold private entities legally accountable for climate change-related damage or threats of damage. It argues that, following failed attempts to clear judicial thresholds with regard to standing, proof of harm and causation, a new wave of private climate […]

‘Climate Change, Responsibility and Liability’: International Conference, Graz, Austria, 8-10 November 2018

“Conference Program: Thursday, November 8th, 2018: University of Graz, Aula – 9:00 Welcome: Dean, Faculty of Law. Climate change, impacts and attribution of anthropogenic causes: status and challenges Gottfried Kirchengast, Douglas Maraun, Andrea Steiner, University of Graz; Oslo Principles and Climate Principles for Enterprises Jaap Spier, University of Amsterdam; Attribution of moral and political responsibilities […]

‘Dutch court upholds dike against climate change, while Trump Administration seeks to stop climate-change “trial of the century” in Oregon’

“On Tuesday, an intermediate appellate court in the Netherlands upheld a verdict against the government demanding more state action to curb carbon emissions and combat climate change. The court’s decision in favor of energy NGO Urgenda came just one day after the dire 12-year warning of the special report of the UN Intergovernmental Panel on […]

‘Historical moment in European private law: Urgenda Decision UPHELD by Dutch Court of Appeal and provided with stronger legal ammunition’

Today, another historical decision is rendered in the Dutch Urgenda case, this time by the national Court of Appeal in The Hague. For the first time ever, Articles 2 and 8 of the European Convention on Human Rights (ECHR) are interpreted to cover positive obligations related to climate change. These lead to state liability under […]

Ben Pontin, ‘A room with a view in English nuisance law: exploring modernisation hidden within the “textbook tradition”’

Abstract The paper critically examines the consensus among tort scholars that an injured view can never be actionable in nuisance. The consensus, it is argued, is based on a problematic understanding of the permanence of early modern nuisance authority, and a neglect of modernisation in the definition of actionable injury in the nineteenth century, in […]

‘Verchick Podcasts on Climate Change Tort Litigation’

“Rob Verchick has edited two podcasts on climate change tort litigation for the Center for Progressive Reform. He describes them as follows: ‘The episodes, which are part of CPR’s Connect the Dots with Rob Verchick, examine climate change tort lawsuits brought by municipalities against oil and gas companies for damages related to climate change impacts […]