Below is a link to a CNBC article about a Dutch Court holding that Shell must cut carbon emissions by 45% to be in line with the Paris Agreement. Shell is appealing the decision; however, the decision does raise a lot of issues and questions for United States businesses, entities, and people internationally, and for United States businesses, entities and people in the United States, not the least of which might be the following two multiple issues and questions:
- To what extent might a court of another country have authority to order and compel a United States business, entity or person to reduce its carbon or any other emissions to be in line with the Paris Agreement or to be in line with any other climate agreement or standard?
- To what extent might a United States court, United States regulatory agency, state court, state regulatory agency, or other entity or person in the United States have authority to order and compel a United States business, entity or person to reduce its carbon or any other emissions to be in line with the Paris Agreement or to be in line with any other climate agreement or standard?
The article indicates a possible wave of litigation, which would not surprise me. See the link to the article below.
* * * * *
Best to you. David Tate, Esq. (and inactive CPA)
——————————————————————–
Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.
Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.
My two blogs are:
Business, D&O, audit committee, governance, compliance, etc. http://auditcommitteeupdate.com
Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com
Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only.
⁃ Litigation, disputes and trials (primarily in the following areas):
Commercial and business, and business owner, investor, shareholder, D&O, officer, director, governance, accountings, lost income, profits and royalties, and business-related;
Trust, estate, elder abuse, POA, conservatorship, contentious administrations, ethics, etc.;
Workplace and employment, and real property; and
Various other cases and areas (environmental contamination, accidents, insurance, etc.).
⁃ Boards and committees including audit and governance committees, investigations, independence, conflicts, governance, diligence, risk management, ESG, etc. – representation and advising re conduct, authority, duties and responsibilities, rights and liability.
⁃ Services as a mediator, and dispute resolution.
A blog discussing the law, D&O, governance, liability and other aspects of public and private businesses, not for profit organizations, and governmental entities – see additional detail below - note: sometimes I post information just to pass it along on these topics (not an endorsement), and sometimes I provide only brief comments or no comments, not a more full discussion. 