AN INTERVIEW WITH PROFESOR CYNTHIA WILLIAMS, OSLER CHAIR IN BUSINESS LAW, OSGOODE HALL LAW SCHOOL Companies in all sectors – including those in the construction sector – are facing more scrutiny from a wide range of stakeholders in regard to the effect their activities have on the environment. Also under scrutiny are the effects climate change is having and will have on companies. This increased oversight is being undertaken by regulators, investors, envi- ronmental groups, and clients, including government clients at all levels – municipal, provincial and federal. IN MY OPINION WHY DIRECTORS AND OFFICERS NEED TO KEEP CLIMATE CHANGE TOP OF MIND Sewer and Watermain companies need to be aware of the worldwide increase in litigation related to climate change As a result, public and privately owned construction companies – including those in the sewer and watermain sector – need to be aware of this trend and consider the long-term material and economic risks climate change could pose for their companies, as well as the potential liability of their officers and directors. The Undergrounder spoke with Professor Cynthia Williams, Osler Chair in Business Law, at Osgoode Hall Law School, about long-term material and economic risks climate change could pose for Canadian companies, as well as the potential liability their officers and directors face. Professor Williams’ research, as part of the Commonwealth Climate and Law Initiative (CCLI), a project out of Oxford University, delves into expanded sustainability disclosure, officers’ and directors’ fiduciary obligations to consider climate change in their strategic decision-making, and corpo- rate responsibility. Q: You say the risk for companies in regard to climate change litigation is real. Therefore, do companies need to put the potential of climate change on their radar and incorporate climate change and the risk of litigation into their strategic development? A: Absolutely. According to The Status of Climate Change Litigation: A Global Review, published by the United Nations Environment Programme, as of March 2017, climate change cases had been filed in 24 countries (25 if one counts the European Union), with 654 cases filed in the U.S. and over 230 cases filed in all other countries combined. Given that climate change litiga- tion against companies for actions perceived to have contributed to climate change is exploding, and that the highest number of cases are in the U.S., at the very least, Canada is in the crosshairs for potential litiga- tion from some of the lawyers who have been participating in the U.S. Q: What kinds of cases have been filed so far? A: Many of the cases have involved cities, counties and one state (Rhode Island) suing oil, gas and coal companies for their specific contributions to climate change and thus their share of the costs to public entities from increased intensity and frequency of storms, which require improvements in 24 UNDERGROUNDER Fall 2018