Category Archives: Land use and Environment

Mitchell and Rostill, ‘Making sense of mesne profits: causes of action’

ABSTRACT The article examines a series of cases spanning a 250-year period in which the courts have awarded ‘mesne profits’ against defendants who have occupied claimants’ land. The article argues (1) that various causes of action are disclosed by the facts of cases in which such awards have been made, (2) that these causes of […]

‘Prescriptive easements: deciding on whether user was as of right’

“In Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) the court had to consider a claim to have acquired by prescription a right to park in a particular place in a private street by a person (Cousins) who had a house in the street. It mattered because Poste Hotels had a right of way […]

‘UKSC Judgment in Okpabi and Others vs Royal Dutch Shell and Another, and Colonial Vestiges’

“The February 2021 Judgment of the UK Supreme Court (UKSC) in Okpabi and Others vs Royal Dutch Shell and Another (Okpabi Case) has been deservingly applauded across the board, even though the Judgment is as of today not more than a procedural triumph for the claimants. From the point of view of access to remedies […]

Joseph Manning, ‘Climate Torts: It’s a Conspiracy!’

ABSTRACT As public concern about climate change grows, so does frustration with the federal government’s inability to develop a strategy for reducing greenhouse gas emission. Consequently, in the past decade, multiple states and municipalities have filed lawsuits seeking to address climate change through common law claims, such as public nuisance. Courts, however, dismissed many of […]

Ewan McGaughey, ‘Liability for climate damage and shipping’

ABSTRACT How can the global shipping industry play its part in the fight to stop climate damage? Shipping accounts for around 90% of all international trade, and for 2.5% to 4% of all global greenhouse gas emissions, which damage the Earth’s climate. The shipping industry is also heavily concentrated. The top four European firms alone […]

Wagner and Arntz, ‘Liability for Climate Damage under the German Law of Torts’

ABSTRACT With the case of Lliuya v RWE, climate change litigation has come to Germany. The article explores the German law of torts or delict, asking whether it has something to offer to victims of climate change. The essential elements of negligence liability, ie scope of protection, duty of care, breach of duty, regulatory compliance […]

‘Corporate Purpose: Sustainability as a Game Changer’

“An increasing number of firms make reference to the pursuit of environmental and social goals in the definition of their purpose. This raises important issues with respect to the way in which the trade-offs between profit maximization and social value are solved. In a recent paper, an edited version of which will appear in a […]

Jill Fraley, ‘Climate Change, Sustainability, and the Failure of Modern Property Theory’

ABSTRACT Property rights are, I argue, the single largest legal limitation on our ability to respond effectively to the climate change crisis. This is because our understanding of the scope of property rights shapes and limits legal concepts such as regulatory takings, land use law, common law tort and property claims, and statutory environmental regulation. […]

Kristen Stilt, ‘Rights of Nature, Rights of Animals’

“… In this Essay, I show how developments and achievements in the field of environmental rights and specifically rights of nature can be instructive, intellectually and practically, to the cause of animal protection and animal rights. That instruction includes not only positive examples but also notes of caution, where animal law may face different and […]

Maziar Peihani, ‘Pension Fiduciaries and Climate Change: A Canadian Perspective’

ABSTRACT Climate change has emerged as a major issue of financial risk for Canadian pension funds when determining where to place investments. The author argues that while such pension funds recognize climate change as an issue that holds the potential for significant financial risk, the funds’ current approach to climate-related risks faces critical limitations. The […]