Against an international backdrop of political shifts, regulatory changes, emboldened activism and the United Nations’ landmark report on climate change, the landscape for climate change litigation in the United States and Canada is both clear and present.

Private law claims against fossil fuel producers are being brought by major U.S. cities. An investigation by the New York attorney general has resulted in a securities misrepresentation claim against Exxon Mobil Corp. In Canada, major class actions typically follow (and often copy) U.S. litigation. We expect it is only a matter of time before climate change is litigated in a Canadian court.