Property, negligence, and the intergenerational inequity of climate change
Date
2016
Authors
Babie, P.
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Journal article
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Alternative Law Journal, 2016; 41(3):179-182
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Paul Babie
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Abstract
The recent decision of the United States District Court in Kelsey Cascade Rose Juliana et al v The United States of America¹ (‘Kelsey’) denied a motion to dismiss a suit brought on the basis of damages for future harms, suggesting that the law could be capable of developing in a novel way to allow claims on the basis of future harm from climate change. This article addresses the way in which such future harm may be conceived as part of a negligence claim, grounded in private property rights afforded by government.
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© 2016 Paul Babie