Tort Liability for Omissions in the Context of Corporate Climate Liability

The growing body of climate litigation has increasingly focused on the role of corporations in contributing to climate change, not only through harmful acts but also through failures to act. This article explores tort liability for omissions in the context of corporate climate liability, with a particular focus on the Estonian legal system. It examines how omissions – such as failing to reduce emissions, implement mitigation measures, or meet evolving standards of care – can constitute unlawful conduct when linked to a duty to act. The analysis addresses the traditional reluctance to impose liability for omissions, grounded in philosophical, political, moral, and economic considerations, and shows how these rationales are being challenged by the systemic and cumulative nature of climate harm. Particular attention is devoted to the preconditions for liability – protective norms, duties to maintain safety, and fault – as well as the difficulties of proving causal connections in multi-actor settings. Drawing on key developments such as Milieudefensie v. Shell, Lliuya v. RWE, and the KlimaSeniorinnen judgment, the article highlights the gradual expansion of enforceable climate duties. Ultimately, it argues that omissions-based liability, while limited, may serve as an important complement to public regulation by concentrating liability on those corporate actors with disproportionate capacity to prevent climate-related harm.