• Increase in Climate Change Litigation in U.S. Courts Could Spill Over into Canada
  • December 2, 2009 | Authors: Jack D. Coop; C. W. Daniel Kirby
  • Law Firm: Osler, Hoskin & Harcourt LLP - Toronto Office
  • Climate change litigation is proliferating in the United States. In the fall of 2009, in the decisions in State of Connecticut et al. v. American Electric Power Company Inc., et al. (Connecticut); Native Village of Kivalina, and the City of Kivalina v. ExxonMobil Corporation et al. (Kivalina); and Ned Comer, et al. v. Murphy Oil USA, et. al. (Comer), three different American courts ruled on the potential for tort claims to be brought against large emitters of Greenhouse Gases (GHGs). These cases present two disparate interpretations of the role litigation will play in the climate change policy debate. They also create significant uncertainty for large emitters.