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Better Science Will Win Climate Court Battles Says Report

A report published this week in the Nature Climate Change journal has called on scientists to be used to better connect emissions with specific damages to the planet. The so-called attribution science could see more successful lawsuits in cases of litigation, helping campaigners to hold governments and companies to account. Lawsuits are currently one of the main weapons to fight climate change, particularly in countries where politicians appear apathetic to environmental concerns. Just last month a court in Holland ruled that Shell oil must cut its carbon dioxide emissions by 45 per cent by the end of the decade. There are approximately 1,500 climate change lawsuits around the world according to the Oxford University researchers.

“It’s no longer far-fetched to think that these companies can be taken to court successfully,” said Rupert Stuart-Smith, one of the lead authors of the report. “The strength of evidence is bolstering these claims, and giving a firm evidentiary basis for these court cases.

“It’s possible that we will see precedents made that will make it easier to file future lawsuits on climate impacts.

“If more of these cases are successful, then corporate emissions could be seen as liabilities. There is concern in investor circles about the legal risk. This could have substantial consequences for investors.”

It’s not just companies that are facing the heat in courtrooms, in April a German court ruled that its own country’s climate targets were not enough and therefore against the constitution.

“The power of climate litigation is increasingly clear”, Stuart-Smith said. “If litigation seeking compensation for losses suffered due to climate change is to have the best chance of success, lawyers must make more effective use of scientific evidence. “Climate science can answer questions raised by the courts in past cases and overcome hurdles to the success of these lawsuits.”

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