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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