DLA Piper reporting at CB COP15: Biodiversity and Litigation Risks

DLA Piper, one of the world’s leading law firms with offices in 40+ countries, warns corporations that they are facing an increasing risk of litigation around biodiversity issues — including due to efforts by Conservation Litigation.

“NGOs active in the field of biodiversity have shown they’re ready and willing to engage in strategic litigation relating to biodiversity. That should come as no surprise. Strategic human rights and climate change litigation against private companies has surged in the past few years.”

“There’s an increasing risk that companies will face litigation on biodiversity issues”

Writing during the Convention on Biological Diversity 15th Conference of Parties, Jorian Hamster and Arjen de Snoo highlight that these are new risks that should prompt corporations to mitigate the risks of legal action by better accounting for biodiversity in their businesses.

“All companies have to map the potential negative effects of their activities on biodiversity. For multinational corporations with complex value chains this will be challenge. With the growth of legislation and soft law in the next few years, companies need to start as early as possible with this.”

We consider this emerging recognition from the private sector very significant. It suggests that they are already anticipating how our strategic litigation actions are likely to create risks that will catalyse transformative changes across sectors and value chains. Realising this potential, however, first relies on refining our ability to effectively litigate across jurisdictions where such legal actions are still rare.