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, published in partnership with Minter Ellison, offers a general taxonomy of litigation risks that may catalyse, and/or result from, the transition. It proposes eight categories of claim, grouped within three broad classes:

  1. Failure to mitigate claims seeking to establish liability for emissions and/or associated climate change impacts;
  2. Failure to adapt (including failure to report or disclose) – claims deriving from commercial failures to risks associated with climate change into account, and/or to accurately disclose related exposures;
  3. ET-specific regulatory compliance – claims arising from laws and standards introduced to implement energy transition policies, and related consumer protection law claims.