1. Causes of Action

6. HURDLES AND CHALLENGES

Complexities of bringing climate-related claims under consumer protection laws, ranging from issues of vagueness in terminology, as seen in the case of Deutsche Umwelthilfe v. TotalEnergies Wärme & Kraftstoff Deutschland GmbH, to jurisdictional disputes as seen in the case of District of Columbia v. Exxon Mobil Corp.. Another hurdle lies in lack of specific domestic provisions as seen in China and lack of enforcement mechanism. For example, in Japan, environmental litigation takes the form of joint actions by concerned individuals, making it challenging to address collective environmental issues. In Nigeria, Kenya, India and the Philippines consumer cases have not yet developed that involve issues related to the climate or the environment.

There are certain obstacles and difficulties that arise when attempting to pursue climate-related claims within the framework of consumer protection laws.

Vagueness in Terminology: As seen in the case of Deutsche Umwelthilfe v. TotalEnergies Wärme & Kraftstoff Deutschland GmbH, the lack of clear definitions and standards in environmental laws can lead to ambiguities and make it difficult to bring successful claims.

Jurisdictional Disputes: Jurisdictional issues, such as those seen in the case of District of Columbia v. Exxon Mobil Corp., can complicate matters further. These disputes can delay proceedings and create additional barriers for plaintiffs.

Lack of Specific Domestic Provisions: In countries like China, the absence of specific domestic provisions relating to environmental protection can hinder the progress of climate-related claims.

Lack of Enforcement Mechanism: Even when laws are in place, the lack of an effective enforcement mechanism can render them ineffective. This is a significant challenge in countries like Japan, where environmental litigation often takes the form of joint actions by concerned individuals, making it difficult to address collective environmental issues.

Underdeveloped Consumer Cases: In countries like Nigeria, Kenya, India, and the Philippines, consumer cases involving issues related to climate or the environment are still in their infancy. This lack of precedent can make it challenging to navigate and succeed in bringing climate-related claims.

Preemption Challenges: In some jurisdictions, state law claims are often preempted by federal law, which can pose a significant hurdle for plaintiffs. For instance, many second-wave cases have brought more greenwashing suits and claims under consumer protection statutes to avoid preemption.

Statute of Limitations: For claims brought under various state deceptive trade practice or consumer protection acts, the statute of limitations generally begins to run when the cause or right of action has accrued or arisen. This can limit the timeframe within which a claim can be brought.