Will Carbon Emissions Litigation Become the Next Asbestos Deluge for the Construction Industry?

In an article published this week in Business Insurance magazine (republished in IndustryBrief at Buildings' Carbon Emissions), author Stacy Shapiro poses the question whether in a few decades building owners, contractors and architects might face huge liability claims for failing to build green buildings, creating a wave of litigation that could dwarf the tobacco and asbestos litigation of prior years.  If carbon emissions are the largest man-made contribution to climate change, buildings, residential and commercial, account for approximately 38% of such emissions in the United States, more than either the transportation or industrial sectors.

At present, attention largely rests on such entities as power companies and automobile manufacturers and there is no know litigation targeting carbon emissions from buildings.  However, Ms Shapiro observes that legal experts see a real potential for litigation in the commercial construction sector either from the buildings' inhabitants who complain of losses from violations of health and safety laws, or from other potential plaintiffs seeking accountability for failing to keep pace with climate change regulations.

Although it may several decades before this type of litigation emerges, it is not too soon to be watching what one commentator calls the New Carbon Cycle.