By Jacqueline Peel
This exam of the position of litigation in addressing the matter of weather switch focuses not just on how the big and transforming into variety of court cases impacts law without delay, but additionally on how the proceedings form company behaviour and public opinion. It offers readers with an realizing of ways those court cases have formed techniques to mitigation and version, and feature been used to aim to strength and to dam rules. there's a specific emphasis on court cases within the usa and Australia, the 2 jurisdictions that have had the main weather switch litigation on the earth, and the teachings supply broader insights into the position of courts in addressing weather swap.
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Extra resources for Climate Change Litigation: Regulatory Pathways to Cleaner Energy
Sample text
In common law countries, half a dozen cases each have been brought in Canada and New Zealand. Several Canadian cases have focused on the necessity of considering greenhouse gas emissions and climate change impacts in development, including fossil fuel extraction and power generation projects. Other cases have sought to question Canada’s compliance with duties under legislation implementing the Kyoto Protocol and the decision of the Canadian government in 2011 to withdraw from the Protocol. Lisa Vanhala, “The Comparative Politics of Courts and Climate Change” (2013) 22(3) Environ.
237 (arguing that litigation has an important “diagonal quality” that can create intersections between different levels of government and different actors – public and private – concerned with a climate issue). Nonetheless, climate litigants, like other public interest claimants, face access to justice barriers. These barriers and the extent to which they have been addressed in climate litigation are examined in Chapter 7. Skype interview, Australian Participant 4 (Mar. 20, 2013). See also David B.
Each chapter draws on doctrinal materials and insights from interviewees to elaborate different facets of the regulatory significance of climate change litigation. Chapter 2 presents the model we have developed for understanding the ways in which climate change litigation can serve as a pathway for achieving regulatory outcomes regarding climate change. This model 26 why climate change litigation matters distinguishes between the direct and indirect impacts of litigation on regulation. Direct effects of the case law flow from its capacity to produce legal change through the interpretation of constitutional provisions, statutory mandates and requirements, or common law doctrines.