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Smith V Fonterra Co-operative Group Ltd
''Smith v Fonterra Co-Operative Group Ltd'' is a landmark New Zealand tort law case, concerning liability of major fossil fuel polluters for climate damage. The NZ Supreme Court held that polluting companies could be liable in tort to pay damages from global warming and rising sea levels to people whose coastal property is damaged, overturning courts below. Facts Mike Smith (activist), Michael John Smith stated that he was of Ngāpuhi and Ngāti Kahu descent, and was the climate change spokesman for the National Iwi Chairs Forum, Iwi Chairs’ Forum. He claimed customary interests in lands and other resources situated in or around Mahinepua in Northland Region, and argued that various sites of customary, cultural, historical, nutritional and spiritual significance to him are close to the coast, on low-lying land or are in the sea. Smith brought suit against several defendants that operate facilities that emit greenhouse gas emissions, including dairy farms, a power station, and an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New Zealand
The Supreme Court of New Zealand () is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016. The current Supreme Court should not be confused with the High Court of New Zealand, which was known as the Supreme Court until 1980. The High Court, New Zealand’s superior court, was established in 1841 as the “Supreme Court of New Zealand”. Its name was changed in anticipation of the eventual creation of this final court of appeal within New Zealand. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ExxonMobil
Exxon Mobil Corporation ( ) is an American multinational List of oil exploration and production companies, oil and gas corporation headquartered in Spring, Texas, a suburb of Houston. Founded as the Successors of Standard Oil, largest direct successor of John D. Rockefeller's Standard Oil, the modern company was formed in 1999 following the merger of Exxon and Mobil. It is Vertical integration, vertically integrated across the entire oil and gas industry, as well as within its chemicals division, which produces plastic, synthetic rubber, and other chemical products. As the largest U.S.-based oil and gas company, ExxonMobil is the List of largest companies in the United States by revenue, seventh-largest company by revenue in the U.S. and List of largest companies by revenue, 13th-largest in the world. It is the largest investor-owned oil company in the world. Approximately 55.56% of the company's shares are held by institutions, the largest of which as of 2019 were The Vanguard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGaughey And Davies V Universities Superannuation Scheme Ltd
''McGaughey and Davies v Universities Superannuation Scheme Ltd and Directors'' 023EWCA Civ 873is a UK company law, climate litigation, and pension law case, seeking permission for a derivative claim to enforce duties of the directors of the UK university pension fund, USS Ltd. The case was first to sue for directors of a major UK corporation to divest fossil fuels, and is the first case of beneficiaries of a pension corporation bringing a derivative claim for breaches of directors' statutory duties. The High Court accepted that the claimants had standing to bring a derivative claim, but refused permission based on the rule in ''Foss v Harbottle''. The claimants secured permission to appeal to the Court of Appeal with a hearing in June 2023, but were unsuccessful, as Asplin LJ held that the appropriate procedure was a "beneficiary derivative claim" where directors' duties may be held on trust. The fossil fuel risk claim was not addressed in substance but "well suited" for being br ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Milieudefensie V Royal Dutch Shell
''Milieudefensie v Royal Dutch Shell'' (2021) is a human rights law and tort law case heard by the district court of The Hague in the Netherlands in 2021 related to efforts by several NGO's to curtail carbon dioxide emissions by multinational corporations. It was brought by the Dutch branch of Friends of the Earth and a group of other NGO's against the oil corporation, Shell plc. In May 2021, the court ordered Shell to reduce its global carbon emissions from its 2019 levels by 45% by 2030, relating not only to the emissions from its operations, but also those from the products it sells. However, on 12 November 2024, The Hague's appeals court dismissed the 2021 ruling that had required Shell to cut its emissions, determining that there was no "societal standard of care" to enforce specific emissions reductions on Shell. Facts Following the global adoption of the Paris Agreement in 2015, which aimed to limit the rise in the global average temperature to under 1.5 °C through v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Neubauer V Germany
''Neubauer v Germany'' (also the ''Klimaschutz'' case) was a landmark German constitutional law case, concerning the duty of the German federal government to take action to prevent climate damage. In this court case, which was decided on 24 March 2021, a group of activists sued over the vagueness present in the 2019's Climate Protection Act. The German Constitutional Court declared the Federal Climate Protection Act partly unconstitutional because it did not sufficiently protect young people against future infringements and limitations of their existing fundamental rights because of climate change. Text was copied from this source, which is available under Creative Commons Attribution 4.0 International License/ref> Facts Activists backed by Fridays For Future, Greenpeace, Friends of the Earth, and other NGOs brought a claim that the lack of a comprehensive legal framework to reduce carbon emissions by 2030 violated their fundamental rights as enshrined in German basic law. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Urgenda V State Of Netherlands
''Urgenda Foundation'' v ''State of the Netherlands'' (2019) (in Dutch: Klimaatzaak Urgenda ) is climate change litigation heard by the Supreme Court of the Netherlands related to government efforts to curtail carbon dioxide emissions. The case was brought against the Dutch government in 2013, arguing the government, by not meeting a minimum carbon dioxide emission-reduction goal established by scientists to avert harmful climate change, was endangering the human rights of Dutch citizens as set by national and European Union laws. The initial ruling in 2015, requiring the government to meet an emissions goal of 25% reduction from 1990 levels by 2020, was upheld through the Supreme Court on appeals, affirming that reduction in emissions was necessary for the Dutch government to protect human rights. It is the first such tort case taken against a government challenging climate change aspects based on a human rights foundation, and the first such successful climate justice case. Bac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lliuya V RWE AG
''Lliuya v RWE AG'' (2015) Case No. 2 O 285/15 (Essen Oberlandesgericht) was a German tort law and climate litigation case started by , concerning liability for climate damage in Peru from a melting glacier, against Germany's largest coal burning power company, RWE, which has caused approximately 0.47% of all historic greenhouse gas emissions. If successful, it would have establish legal precedent that companies contributing to climate change are liable for damages they cause. It was appealed in the Higher Regional Court in Hamm, North Rhine-Westphalia. On 28 May 2025, the court rejected Lucino's lawsuit. Facts , a Peruvian farmer from Huaraz, population 120,000, claimed against RWE, Germany's largest electric company, that it knowingly contributed to climate damage by emitting greenhouse gases, and was partly responsible for melting mountain glaciers near his town. This caused Palcacocha, a nearby glacial lake, to increase in size since 1975, creating a major flood risk to the t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Nuisance
In English criminal law, public nuisance is an act, condition or thing that is illegal because it interferes with the rights of the general public. In Australia In ''Kent v Johnson'', the Supreme Court of the ACT held that public nuisance is "an unlawful act or omission ... which endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise or enjoyment of any right common to all".''Kent v Johnson (Minister of State for Works)'' (1973) 2 ACTR 1; (1973) 21 FLR 177, Supreme Court (ACT, Australia). And also, public nuisance is a criminal offense at some common law and by statute under some states. To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, (2) that the interference is with a public right and (3) that the defendant's interference is substantial and unreasonable. # Title to sue: In the case ''Walsh v Ervin'',. as the general principle is usually sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bathurst Resources
Bathurst Resources, along with a number of subsidiaries, is a coal mining company in New Zealand that was established in 2010. History The company was originally based in Perth, Western Australia, and incorporated on 30 May 2007, listing on the Australian Securities Exchange (ASX) on 19 December 2007. The company's purpose at the time was to develop its interest in the Mt Clifford nickel, base metals and gold exploration project, in WA. In October 2008 it withdrew from this project, and instead acquired a coal producer in Kentucky, US. By November 2009 Bathurst Resources ceased producing coal from Eastern Kentucky LLC, on the return of this company to its original owners. As a result, Bathurst Resources carried out a strategic realignment in early 2010, with a view to producing coal in New Zealand. Bathurst Resources Limited was incorporated in New Zealand on 16 November 2010. The name of this company was changed to BR Coal Pty Ltd on 6 December 2013, with Pier Westerhuis as its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of island countries, sixth-largest island country by area and lies east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The Geography of New Zealand, country's varied topography and sharp mountain peaks, including the Southern Alps (), owe much to tectonic uplift and volcanic eruptions. Capital of New Zealand, New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and subsequently developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northland Region
Northland (), officially the Northland Region, is the northernmost of New Zealand's 16 regions of New Zealand, local government regions. New Zealanders sometimes refer to it as the Winterless North because of its mild climate all throughout the year. The major population centre is the city of Whangārei, and the largest town is Kerikeri. At the 2018 New Zealand census, Northland recorded a population growth spurt of 18.1% since the previous 2013 New Zealand census, 2013 census, placing it as the fastest growing region in New Zealand, ahead of other strong growth regions such as the Bay of Plenty Region (2nd with 15%) and Waikato (3rd with 13.5%). Geography The Northland Region occupies the northern 80% () of the Northland Peninsula, the southernmost part of which is in the Auckland region. It is bounded to the west by the Tasman Sea, and to the east by the Pacific Ocean. The land is predominantly rolling hill country. Farming and forestry occupy over half of the land and are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Iwi Chairs Forum
The National Iwi Chairs Forum is an entity founded in 2005 made up of the chairpersons of 71 iwi groups in New Zealand, facilitating the sharing of information among iwi leaders. The Forum holds meetings four times a year at different marae throughout the country and brings together Māori leaders around strategic topics. Organisation The National Iwi Chairs Forum was formed in 2005 with the aim of increasing mana motuhake, or autonomy and self-governance, and held its first meeting at Takahanga Marae in Kaikōura in November 2005. It was the brainchild of Ngāi Tahu leader Mark Solomon. It has also been known as the Iwi Leaders Forum or the Iwi Leadership Forum. The second meeting was a three-day hui held at Pipitea Marae in Wellington in March 2006. That meeting was criticised by the then chairman of the National Urban Māori Authority, Willie Jackson, who said that it was ignorant of the iwi leaders to exclude urban Māori. Peter Love, spokesman for the Iwi Chairs Forum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
