AIDA Climate & Catastrophic Events Working Party 21st Meeting - 4 October 2019 Who is really accountable when climate policies and catastrophic event safeguards fail? AGENDA Welcome & Introduction - Tim Hardy (UK) Chair, AIDA CCEWP Urgenda case: what now for governments in the Netherlands and beyond? Sjoerd Meijer, Nauta Dutilh, Amsterdam (Netherlands) Liability for Climate Change – European perspective Prof. Dr Stefan Perner, Vienna University of Economics & Business (Austria) Update on US Climate Change Litigation and liability issues Richard Traub, Traub Lieberman (US) Panel/Open Discussion: Other countries/what’s in store for re/insurers? Future CCEWP activities and meetings and close.

AIDA Climate & Catastrophic Events Working Party 21st Meeting - 4 October 2019 Who is really accountable when climate policies and catastrophic event safeguards fail? INTRODUCTION Accountability for climate change, implementation of climate policy, responsibility for cat event shortcomings - as critical to us all as ever Role/impact of litigation => consequences for re/insurance market Implications of “Climate change litigation” (especially in the US) - monitored for many years. 2015 a landmark year. “Pro- climate” decisions in Ashgar Leghari case (Pakistan) and Urgenda (Netherlands) + adoption of Paris Agreement Since => Increased international attention upon significance and impact of climate change litigation: to effect change in both climate policies adopted and implemented to alter liabilities of both public and private entities to have resulting implications for re/insurance markets professing to and being recognised as having vital role to play. Dec 2019: Dutch Supreme Ct judgment in Urgenda case expected - following 2nd appeal by Dutch government. Timely to take brief stock across the whole climate change litigation and liability landscape worldwide.

CLIMATE CHANGE LITIGATION – SOME 2019 HEADLINE ISSUES AIDA Climate & Catastrophic Events Working Party 21st Meeting - 4 October 2019 Who is really accountable when climate policies and catastrophic event safeguards fail? CLIMATE CHANGE LITIGATION – SOME 2019 HEADLINE ISSUES (see Setzer & Byrnes [2019] Global trends in climate change litigation, LSE/Grantham Research Institute, UK) Expanding to 28 countries at last known count (US has 75%) Strategic v routine v unreported (esp. potential bias where in English + commercial disputes administered by dispute resolution bodies) Defendants most commonly governments/public entities/agencies + increasing no. v major GHG emitters Claimants increasingly include investors, activist shareholders, cities/states Litigation in low- and middle-income countries growing in quantity and perceived importance Human rights and climate science playing increasingly significant roles Increasing ingenuity in overcoming familiar obstacles of legal attribution, causation, justiciability, standing Greater assessment needed of impacts beyond the courtroom …

AIDA Climate & Catastrophic Events Working Party 21st Meeting - 4 October 2019 Who is really accountable when climate policies and catastrophic event safeguards fail? CLIMATE CHANGE LITIGATION – CASES BY JURISDICTION *Others inc. cases v Human rights courts and commissions per Setzer/Byrnes (ibid.) US 1,023 Australia 94 EU 55 UK 53 New Zealand 17 Canada 17 Spain 13 India 10 France 6 Brazil 5 Germany 5 Ireland 3 S Africa 3 Colombia 2 Netherlands 2 Pakistan 2 Philippines 2 Ukraine 2 Others 15* TOTAL 1,328

Useful data sources for developing story AIDA Climate & Catastrophic Events Working Party 21st Meeting - 4 October 2019 Who is really accountable when climate policies and catastrophic event safeguards fail? Useful data sources for developing story Visit (and contribute to) datasets of climate change laws and cases maintained jointly by Sabin Center for Climate Change Law/Columbia Law School http://climatecasechart.com/us-climate-change-litigation and the Grantham Research Institute on Climate Change & the Environment http://www.lse.ac.uk/GranthamInstitute/climate-change-laws-of- the-world/

AIDA Climate & Catastrophic Events Working Party 21st Meeting - 4 October 2019 Who is really accountable when climate policies and catastrophic event safeguards fail? AGENDA Welcome & Introduction - Tim Hardy (UK) Chair, AIDA CCEWP Urgenda case: what now for governments in the Netherlands and beyond? Sjoerd Meijer, Nauta Dutilh, Amsterdam (Netherlands) Liability for Climate Change – European perspective Prof. Dr Stefan Perner, Vienna University of Economics & Business (Austria) Update on US Climate Change Litigation and liability issues Richard Traub, Traub Lieberman (US) Panel/Open Discussion: Other countries/what’s in store for re/insurers? Future CCEWP activities and meetings and close.