Greenhouse gases as relational wrongs? Smith v Fonterra and public nuisance climate suits

Climate suits against corporations are becoming an increasing area of scholarly focus. But they present complex questions for both climate policy, and for tort theory. In this presentation, Sam Bookman will use the New Zealand case of Smith v Fonterra to unpack how climate cases fit within the bigger picture of tort law generally, and common law public nuisance in particular. To what extent do these suits fit within the pattern of “relational wrongs”, the primary basis for tort liability? Sam will argue that three features of climate change and climate science – climate presentism; attribution science; and our developing understanding of carbon majors’ historical emissions – have significantly shifted the case for tort liability in recent years. While many challenges remain, the conceptual barriers to public nuisance liability are rapidly dissolving.

Sam Bookman is a fellow at the Edmond & Lily Safra Center for Ethics at Harvard University, a SJD Candidate at Harvard Law School, and Adjunct Professor at Boston College. His research focuses on the intersection of environmental law and constitutional law, both in the United States and abroad. As a Senior Staff Attorney at the Cyrus R. Vance Center for International Justice, he regularly advises and represents clients before international tribunals. Sam qualified in both New York and New Zealand, where he clerked for the country’s Chief District Court Judge.

This event is open to all LSE researchers and policy staff. No pre-registration required to attend the event.  If you wish to attend please email Gri.Events@lse.ac.uk.