It’s a question a lot of people are asking as the world is increasingly lashed by the storms, floods and wild fires unleashed by global warming. And when you realise that the world’s fossil‑fuel giants collectively command over six trillion dollars a year — more economic power than most nations on Earth-it’s a tempting pot of money to aim at. What would you do with even one of those trillions? So we asked our Legal People: Can an individual sue a fossil fuel company to pay for flood/fire/storm damage, or the rising insurance premiums, that go with all those things?
The chances of getting anywhere on your own are slim. Firstly, you must show that any damage has been made worse by global warming (there will always be a background level of storms and things). Secondly, that a specific company’s emissions and /or “misinformation” caused that extra damage. And above all that the company chosen has a “duty of care” anyway. Quite a big ask when you think how much legal brainpower that $6 trillion is going to buy against you.
However, joining in with group actions increases your chances of getting something back. [1] . In the USA there are now 86 lawsuits against fossil fuel companies, including the very biggest. This class alleges that these companies “knew about the dangers of global warming and did nothing”. Even worse, it is alleged, they “actively misled” about those dangers. These suits will be fiercely contested; and the Jury will decide, as they say.[2] But there is a juicy second front opening. Home owners in Washington State are suing oil companies for climate‑driven increases in insurance costs. which they allege “are driven by global warming.”[3] As such costs may well be set to rise astronomically for all of us, their battle is indeed a noble one.
In the meantime there at least two things you can do. Work with climate litigation NGOs Groups like ClientEarth, Global Legal Action Network,[4] and the Climate Litigation Network are actively exploring new legal strategies. Document your damages If future cases open the door to compensation, having detailed records of storm impacts and repair costs will matter. Courts are increasingly willing to treat climate damage as a foreseeable, preventable harm caused in part by corporate deception. That shift is what makes future individual claims more plausible. There’s little doubt at fossil fuel companies represent a big barrel of money. Could some of it one day belong to you?
[3]Homeowners Sue Oil Companies as Climate Damage Drives up Insurance Rates – Environmental Magazine
[4] GLAN – Global Legal Action Network
#global warming #climate change #fossil fuels #legal action #money #insurance
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