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This paper provides a general overview of climate litigation risks in the US and Europe; considers the main legal issues and implications that arise for various actors; and makes recommendations. The paper is based on an online survey of legal and insurance experts conducted by Germanwatch in October 2009 which found that an increase in claims for damages directly and indirectly related to climate change is expected over the next few years.
The main result of the October 2009 expert elicitation on climate change related litigation risks is an expected increase of claims frequency both for damage directly related to CO2 / GHG emissions and for damage indirectly caused by climate change. Among those experts who think that these claims are basically possible to grant, the majority expects the first successful claims to occur within the next six years.
This paper assesses potential impacts of the current financial crisis on the investment industry's efforts to integrate environmental, social and governance (ESG) issues in general, and climate change issues in particular, in its products and processes.