Rights of Nature: what are they, where do they come from, and why are they important?

Author: Matthew Hunt, Senior Associate Pogust Goodhead has a direct interest in Rights of Nature because of its experience in representing indigenous communities and people, its interest in developing the boundaries of the law, and its commitment to using litigation to address the climate crisis. Pogust Goodhead is also exploring how to introduce Rights of Nature […]

EPA Takes Major Steps to Protect the Public from Toxic PFOS and PFOA in U.S. Drinking Water

polluted water

Author: Daniel J. Harrison, Esq. On October 18, 2021, the U.S. Environmental Protection Agency (EPA) released its PFAS Strategic Roadmap announcing plans to address the urgent public health and environmental crises stemming from the widespread use of per-and poly-fluoroalkyl substances (PFAS) across the United States. PFAS are a group of dangerous man-made chemicals that have […]

The burden of proof in environmental cases under Brazilian law

Author: Filipe Carvalho, Associate It is a rule in Brazilian law that generally whoever alleges must prove the allegation. Pursuant to article 373 of the Brazilian Civil Procedure Code[1], the burden of proof rests on the claimant, to prove the constitutive facts of their case (item I) and on the defendant, to prove facts impairing, […]

Big Oil’s ‘Black Wednesday’ One Year On

Author: Emma O’Brien, Associate ‘Black Wednesday for big oil’, as the media1 dubbed it on 26 May 2021, was the day when some of the biggest players in the industry – ExxonMobil, Chevron, and Shell – suffered a “stunning series of defeats” which appeared to mark a turning point in attitudes towards the fossil fuel […]

An international first in Australian climate change litigation: Australasian Centre for Corporate Responsibility v Santos Ltd

Climate change

Author: Luke Villiers, PGMBM Associate In previous posts, PGMBM examined recent landmark climate change cases and litigation trends and the new European human rights and environmental due diligence legislative regime. As these posts show, environmental litigation is on the rise as individuals and organisations seek to ensure corporations and governments uphold their environmental and human […]

Climate Change through the Courts: Trends in Environmental Litigation

Environmental protection

Authors: Meabh Kirby and Dominique Ouwerkerk, Trainee Solicitors Environmental litigation is on the rise as individuals and organisations take to the courts to hold corporations and governments accountable under their environmental and human rights obligations. This article provides an overview of recent landmark climate change cases and litigation trends. Milieudefensie v Shell Case On 26 […]

Corporate Liability for Environmental Harm: considerations under the Brazilian model

Brazil

Author: Catarina Ferraz, PGMBM Associate In countries with great environmental potential, it is common for natural resources to become one of the main sources of national income through public and private investments. In this scenario, Brazil is a reference nation on the subject: in addition to being one of the countries with the greatest ecosystem […]

“Access [To Justice] Denied” – Municipio De Mariana Ors V BHP Plc BHP Ltd

Mariana

On 09 November 2020, Mr Justice Turner of the High Court, handed down a judgment that denied the jurisdiction of the English Court to adjudicate the liability of BHP Plc and BHP Ltd on the merits, for the catastrophic consequences caused by the 2015 Fundão dam collapse in Mariana. The judgment struck out the claims of over 200,000 Brazilian Claimants […]