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Project title

Legal Accountability for Environmental Harm Caused by Climate Change: the Emerging Field of Corporate Responsibility

Primary Funding Agency

Irish Research Council

Co-Funding Organisation(s)

Environmental Protection Agency

Lead Organisation

Irish Research Council (UCD)

Lead Applicant

Calum MacLaren

Project Abstract

This research investigates the various emerging approaches to corporate legal accountability for environmental harm. As the climate crisis worsens, the legal world has been forced to diversify its approach to tackling environmental harm, a promising facet of which has been ‘climate litigation’, which is proving a powerful bulwark against ever-increasing environmental degradation. Cases, such as Urgenda in the Netherlands, have paved the way for innovative litigation in this sphere, but most cases have focused on holding governments accountable. However, it is apparent that the majority of environmental and climate harm comes at the hands of private corporations. The proposed research will evaluate the efficacy and viability of various legal approaches to holding corporations accountable for this damage. The present research will take the form of a PhD by papers; that is, a collection of papers of publishable/peer-reviewed standard, accompanied by a critical and theoretical overview of the work presented in the papers. The provisional titles of these three papers are as follows: (1) The Horizontal Application of Constitutional Rights in the Context of Environmental Harm in Ireland and Abroad (target journal: Irish Planning and Environmental Law Journal). This article will evaluate the merits of combining the horizontal application of constitutional rights with climate litigation in order to directly address those responsible for environmental harm. (2) Do Fossil Fuel Companies Owe a Duty to Mitigate Climate Change? The Implications of Milieudefensie for Climate Litigation (target journal: Journal for European Environmental and Planning Law). This article will investigate whether there has been a shift in the juristic and governance approaches to corporate responsibility for climate harms. (3) Diverse approaches to corporate legal accountability: Private Litigation, the Philippines Climate Majors Report and Individual Liability (target journal: Journal of Environmental Law) . This article will evaluate emerging aspects of private climate litigation and personal liability.

Grant Approved

�84,000.00

Research Hub

Climate Change

Research Theme

n/a

Start Date

01/09/2023

Initial Projected Completion Date

31/08/2026