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Lawsuits Pending in California

Page history last edited by PBworks 13 years, 9 months ago

Lawsuits against 6 car makers for global warming damage

 

http://www.news.com.au/story/0,23599,20677416-1702,00.html

 

October 31, 2006 05:46pm

 

LAWSUITS against governments and companies over their roles in global

warming have a good chance of success, academics say.

 

University of Adelaide researchers say scientific evidence shows a `human

signature' on global warming as great as that linking cigarette smoking with

cancer.

 

Researchers Dr Joseph Smith and Professor David Shearman said they had

analysed the basis for potential legal claims against governments and

companies over climate change.

 

"The potential grounds of liability are now quite clear," Dr Smith said.

 

"And the scientific evidence is at a point where, in many cases, it would

meet the legal requirements for civil standards of proof – that is, the

balance of probability being greater than 50 per cent."

 

He cited an ongoing law suit in the US by the state of California against

six major car manufacturers seeking monetary damages for alleged

contributions to global warming.

 

"Major grounds against companies could include negligence, product

liability, nuisance, breach of directors' duties and liability under

environmental pollution statutes," Dr Smith said.

 

"For governments, actions are likely to be based on administrative laws for

failing to fulfill statutory obligations to protect the environment."

Prof Shearman said there was clear evidence of global warming's effects on

human health such as increasing deaths through heat stress and injury from

storms, as well as the impact of large communities losing areas of

productive lands

 

 

 

posted to Yahoo Group ClimateConcern

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