Klein, Jennifer. "Potential Liability of Governments for Failure to Prepare for Climate Change". Sabin Center for Climate Change Law, Columbia Law School. August 2015. https://web.law.columbia.edu/...

This paper examines the potential legal liability of governments by accumulating risks of climate change.  It addresses negligence, fraud, and takings, describing the benefits and challenges of each, and explores ways to overcome a government’s claim of sovereign immunity in the context of a negligence claim.  It describes the challenges of bringing a claim for fraud where officials intentionally "obscure relevant information" about climate change risks, including the sovereign immunity defense and difficulties proving causation and intent.  It also explores claims for just compensation where property is damaged or destroyed through government failure to prevent the impacts of climate change.

Posted on 03/02/22

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