1. 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.

2. 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.

3. CLIMATE CHANGE LITIGATION – SOME 2019 HEADLINE ISSUES
AIDA Climate & Catastrophic Events Working Party 21st Meeting 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 …

4. 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

5. Useful data sources for developing story
AIDA Climate & Catastrophic Events Working Party 21st Meeting 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
and the Grantham Research Institute
on Climate Change & the Environment
the-world/

6. 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.