Local:
Challenge attempts to pre-empt liability locally

Play a watchdog role, exposing and challenging insidious attempts at the local level by polluting corporations to seize opportunities to avoid liability for harms done.

What does this look like?

  • Coordinate with government officials and decision-makers at all levels of governance to ensure that cities and communities have the ability to pursue liability against polluting industries without the possibility of pre-emption at the regional, country, and/or international level.

  • Identify and challenge attempts by the industry to pre-empt local liability claims for past, current, or future harms through legislation, voluntary agreements, litigation, or other means.  

 

Implementing the measures of the liability roadmap

Decision-makers and movements at all levels should keep the following in mind when implementing the measures laid out in this roadmap:

  • Enacting these policies and measures is simply the first step to holding polluting and destructive industries liable: There will be much work for government officials, decision-makers, activists and civil society alike to do to ensure these measures are fully implemented and move us toward the transformative change the world needs.

  • Liability should be applied to all industries and corporations that make business decisions that contribute to climate change and its impacts, or that cause harm to people and nature. In addition to the fossil fuel industry, these industries include but are not limited to agribusiness, forestry, mining, and the energy sector. 

  • Many of these measures could equally apply to State-owned corporations. Because the national contexts and unique needs vary from country to country, it is worth considering where to apply and how to adapt the principles and measures listed in the liability roadmap to address State-owned polluting corporations. Factors to consider when doing so could include but are not limited to the degree of democratic control over the entity, role and use of funding from oil/gas revenues, and responsiveness of the entity to transition to regenerative, renewable energy sources. 

  • Measures implemented at the national level should support and reinforce, rather than contradict, measures implemented at the sub-national and local, and vice versa.

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