In our November 9, 2023, blog we discussed the increased focus on Environmental, Social, and Governance (ESG), Greenwashing, and Climate litigation. While they are interrelated, the focus on climate is leading to more litigation that can affect companies, boardrooms, investors, and governments.
Rising Climate Lawsuits
As we reported in the above-referenced blog, The United Nations reported that there have been 2,180 climate-related cases filed in 65 jurisdictions (as of the end of 2022). This pace seems to have quickened in recent years. Note that any bold in the quotes below are our emphasis.
A December 15, 2023, blog by Osler focused on the impact of litigation and regulations surrounding climate. “In light of the continued focus on climate change worldwide, we expect climate litigation and policy-making to increase in 2024. Going forward, businesses should prepare for an anticipated rise in lawsuits targeted at preventing perceived environmentally harmful development and investment activities, scrutinizing businesses’ environmental disclosure and climate claims and targeting corporate boards and their decision-making. Businesses can also expect enhanced legislative and regulatory action mandating disclosure regarding climate change matters by issuers.”
In a January 4, 2024, blog by Torys, they write, “In La Rose v. Canada, 2023 FCA 241, the Federal Court of Appeal permitted a novel climate change action against the Government of Canada to proceed. The appeal court reversed the Federal Court’s decision that had struck out the claim. The Court of Appeal concluded contrary to two lower court decisions that climate change issues are justiciable and that government responses to them may ground a claim under section 7 of the Canadian Charter of Rights and Freedoms.”
In that case, two groups consisting of children and Indigenous persons sued the Government of Canada for its failure to address climate change.
In the United States, another similar case is moving forward as a Federal Judge recently ruled that the climate change lawsuit could move forward based on “constitutional violations.” The plaintiffs in the case in Oregon argued that the government has violated young people’s “constitutional rights to life, liberty and property.”
There continues to be pressure to reduce overall anthropogenic emissions of greenhouse gases. In some cases, this is leading to climate litigation (Image by Jukka Niittymaa from Pixabay).
Climate Issues Affecting Transportation
This litigation surrounding anthropogenic emissions and climate issues is part of the global focus on climate and the reduction of carbon dioxide equivalent emissions (CO2e). It also includes the ambitious Zero Emission Vehicle (ZEV) goals established by the Canadian Government.
The Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations were published in the Canada Gazette on December 15, 2023. Beginning in 2026, an increasing number of new vehicles sold in Canada are required to be ZEVs. The sales target for vehicles is 100% by 2035.
Canada Gazette – Purpose of Amendments
The purpose of the amendments to the regulations is to reduce greenhouse gas emissions from passenger automobiles and light trucks by establishing:
(a) emission standards and test procedures that are aligned with the federal requirements of the United States; and
(b) requirements that, beginning in the model year 2026, will incrementally lead to all new passenger automobiles and light trucks being zero-emission vehicles as of the model year 2035 (Source: December 20, 2023, Canada Gazette).
Enforcement
From a blog by Dentons, “The annual sales targets will be enforced by the federal Government through the establishment of a compliance credit system. If a manufacturer/importer exceeds its ZEV sales target, it will earn compliance units for excess ZEV vehicles offered for sale. If a company misses its ZEV sales target, it will incur a compliance deficit, which must be satisfied by obtaining credits.”
For perspective, according to the Canada Energy Regulator, the last reporting year (2021) shows that electric vehicles made up just over 5% of vehicle registrations.
Environmental Protection
There have been many advancements in personal transportation. From better gas mileage to hybrids and ZEVs, we are making great strides in reducing emissions. However, we need to be cautious about growing mandates that are not being debated in an open and robust manner.
Since the modern environmental protection movement began (~1970), we have cleaned up past problems, reduced waste, and created a cleaner environment. Regardless of the environmental challenge, we must have a robust scientific/economic understanding of the issue. Then and only then can we move toward a solution that will protect human health, the environment, and economies that allow for human flourishing.
If you need assistance with an environmental-related matter, contact Christopher Pare’, P.Geo. Q.P. at 519-948-7300, Ext. 114.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan holds an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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