Commentary and analysis on developments in environmental, climate change and public law.

Smith v Fonterra statutory bar: my briefing to officials

In July 2025, Ministry of Justice officials contacted me to ask whether I’d be willing to meet virtually to discuss what was then an idea under consideration by Ministers — a statutory bar on greenhouse gas-related tort claims. The immediate context for the proposal was — and is — the Smith v

UN General Assembly endorses ICJ Advisory Opinion on Climate Change

On 20 May 2026, the UN General Assembly — the main deliberative policymaking and representative forum of the United Nations containing all 193 UN members — by overwhelming majority (141 for; 8 against and 28 abstentions) endorsed the landmark advisory opinion of the International Court of Justice from July 2025 on the