Abstract
ABSTRACT Climate litigation against companies has increased significantly in the past couple of years. At the same time, regulation with respect to climate change is developing rapidly, such that it may be difficult for companies to identify which laws apply to them and how they should address the legal risks relating to climate change and climate litigation. This paper discusses court rulings which could be considered ‘landmark cases’ since they are the first to assess questions around the responsibility for climate-related damages and the curbing of CO2 emissions, and highlights climate litigation proceedings that are still pending, illustrating the types of claims which may be expected going forward. It then outlines the risks for companies or their boards of directors to be sued for alleged damages relating to climate change or greenwashing, illustrated by an analysis under Swiss laws, and provides concrete measures for boards of directors and the management of companies to minimise these risks.
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