2. Procedures and Evidence
E. Limitation Periods
7. POTENTIAL FUTURE APPLICATIONS
The potential application of limitation periods in climate and environmental claims could use a nuanced approach that includes universally recognised doctrines like "continuous harm," allowing for the extension of limitation periods where ongoing environmental damage is apparent. Another potential method would be amplified usage and acceptance of the 'discovery rule', where the limitation period starts upon discovering the harm by the claimant that addresses the issue of latent damages. Additionally, allowing judicial discretion in extending limitation periods in exceptional cases could provide a necessary balance between legal certainty and the urgency of environmental justice. Such reforms need careful consideration to ensure they are effectively integrated into domestic legal systems and address the unique challenges of climate and environmental litigation.
