Back in May, I wrote about the state of climate tort suits in New Zealand. A 2024 Supreme Court decision allowed citizens to bring private litigation against parties historically responsible for emissions and recover for harms suffered as a result of climate change. Following the decision, the legislature got to work undermining the courts, drafting a ban on climate tort suits. Now they have passed the New Zealand Climate Change Response (Tort Liability) Amendment Act 2026, giving blanket tort immunity to all emitters, ensuring that no one can hold those parties responsible for knowingly contributing to climate change. A recent Linklaters memo describes the law:
“The Act inserts a new Part 8 into the Climate Change Response Act 2002 (“CCRA”), creating a statutory bar on tort liability for climate change damage caused by greenhouse gas (“GHG”) emissions. The bar applies to any person (including the Crown) whose activity causes or contributes to GHG emissions, directly or indirectly (including Scope 3 emissions), regardless of where or when the activities, emissions or effects occur. It extends to all forms of tort liability, including novel torts, and applies to proceedings not finally determined before commencement. No compensation is payable.”
The U.S. may be in for similar treatment. Our Supreme Court is awaiting oral argument this fall in Suncor Energy v. Commissioners of Boulder County. This case is expected to answer whether state tort law is preempted by federal energy policy. However, even if SCOTUS does find in favor of the plaintiffs and allows tort litigation to continue, our own federal legislature may stand in the way. Some senators are already looking to ban climate tort suits, now they have a model framework in New Zealand’s new law.
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