The Carbon Boomerang - Litigation Risk as a Driver and Consequence of the Energy Transition

Climate change-related litigation risks have the potential to act as both a material driver, and consequence, of the energy transition (or ‘ET’). This Report offers a general taxonomy of litigation risks that may catalyse, and/or result from, the transition.

The Report analyses the nature of claims within each category, along with an overview of relevant cases. It also provides specific, additional analysis of securities fraud and misleading disclosure laws following the recent release of the Final Recommendations of the G20 Financial Stability Board’s Taskforce on Climate-related Financial Disclosures (‘TCFD’).

The Report is part of a broader research effort - the ET Risk research consortium - and thus focuses on the intersection of litigation risk and the energy transition. It does not, therefore, purport to cover other categories of climate litigation that relate to the physical impacts of climate change, unless those claims are themselves a direct and significant driver of ET policy reform.

Companies, their investors and financial services providers should seek to understand each relevant category of claim to enable a diligent assessment of their bearing on risk and value in specific circumstances.

To download the full text, please click here.