climate torts
Harmful Activities, the Duty to Rescue, and Climate Change
A concept from tort law suggests another argument for international climate adaptation funding.
Do countries that caused past carbon emissions have a duty to help pay for adaptation and disaster response? Much of the argument about this is phrased in terms of damages for past actions, not unlike arguments that oil companies should pay damages for oil spills. Tort law suggests another way of looking at the issue, one that doesn’t depend on whether the past emissions themselves give rise to duty for reparations. Instead, it depends on the principle that people whose activities contribute to accident risks, even innocently, have a duty to assist victims.
CONTINUE READINGWildfire Liability in California: A Primer
California has a unique approach to lawsuits against utilities for causing fires.
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent – in other words, failed to exercise reasonable care – plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation. The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGMrs. Palsgraf, Meet Enviromental Law
A case involving a freakish accident with fireworks casts a big shadow in environmental law.
Today in my first-year Torts class, I teach the Palsgraf case, one of those cases that every lawyer knows by heart. More about Palsgraf in a moment. It’s a tort case, so it won’t surprise you that oil companies use similar arguments against having to pay damages for climate change. But it may be more …
Continue reading “Mrs. Palsgraf, Meet Enviromental Law”
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