Failure to adapt professional advice or services

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Failure to adapt professional adviceor servicesFailure of fiduciaries related to theaboveFAILURE TO MITIGATEGHG EMISSIONSIn Clyde & Co’s last report on ClimateLiability Risk,Rising Tide,228we consideredclimate-relatedcasesbroughtagainstgovernments for failure to adhere to andimplement policy in line with the ParisAgreement and other internationalor otherinternational or national commitments.We also considered the tort cases thathave been brought primarily in the USagainstthoseconsideredresponsiblefor GHG emissions, including oil majors,airlines and others, which seek to link theextraction and sale of fossil fuels to lossand damage caused by climate change.For example, inLliuya v RWE, a Peruvianfarmer is pursuing a case in a Germancourt against RWE, Germany’s largestelectricity producer, alleging that RWEknowingly contributed to climate changeby emitting substantial volumes of GHGsand thus bears a share of responsibility forthe melting of mountain glaciers near MrLliuya’s home town of Huaraz, Peru.67228Nigel Brook and Neil Beresford, Report:Climate change - the evolving landscape of litigation,2019,
229Marco Poggio, Climate Liability News,Toronto Will Explore Suing Big Oil for Climate Costs,2019, 230Ucilia Wang, Climate Liability News,Paris, Inspired by New York City, Considers Climate Suit Against Oil Companies,2018,231Kaitlin Sullivan, Climate Liability News,Hawaii Leaders Mull Potential of Climate Liability Cases,232Nigel Brook and Neil Beresford, Clyde & Co, Report:Climate change - the evolving landscape of litigation, 2019,233Tyler J. Kelley, The New York Times,The Fight to Tame a Swelling River With Dams That May Be Outmatched by ClimateChange, 2019, In the US, a number of cases have beenbroughtbycitiesandmunicipalitiesincluding New York, Boulder, Seattle,San Francisco and Baltimore against oilmajors seeking compensation for thecosts of adapting to climate change. Thetide of direct climate litigation in tortrelated to GHG emissions continues torise, with reports of Toronto229, Paris230andHawaii231potentially expanding the list ofcity or state governments contemplatinglitigation against emitters for costs ofadaptation to climate change.Litigants against GHG emitters haveshown creativity in both approach andtargets and also by developing newtheories of causation. These cases havebeen largely unsuccessful in court.232However, if any of the current cases resultin successful judgments, the damageswould be substantial and could cause aripple effect across jurisdictions. The legalcosts of defending such claims are alsosignificant. For more detail on these cases,their bases and the strategies adoptedby the plaintiffs to date, see Clyde & Co’sRising Tidereport.

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