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Climate Change Litigation: Regulatory Pathways to Cleaner by Jacqueline Peel

By Jacqueline Peel

This exam of the function of litigation in addressing the matter of weather switch focuses not just on how the big and growing to be variety of proceedings affects law at once, but additionally on how the complaints form company behaviour and public opinion. It presents readers with an figuring out of ways those complaints have formed methods to mitigation and edition, and feature been used to aim to strength and to dam legislation. there's a specific emphasis on complaints within the usa and Australia, the 2 jurisdictions that have had the main weather swap litigation on the planet, and the teachings supply broader insights into the position of courts in addressing weather swap.

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Hari M. Osofsky, “The Continuing Importance of Climate Change Litigation” (2010) 1 Clim. L. 3. Hari M. S. and Australian Climate Change Governance” (2013) 25 Georgetown Intl. Environ. L. Rev. 207. 48 This literature often draws from theories of international law, such as polycentric governance and global legal pluralism, which have an inclusive vision of lawmaking. Such theories treat treaties between nation-states as important but also look to the contributions of a diverse set of actors at multiple levels to climate change governance.

Osofsky, “The Intersection of Scale, Science, and Law in Massachusetts v. EPA” in William C. G. Burns and Hari M. ), Adjudicating Climate Change: State, National, and International Approaches (2009, Cambridge University Press, New York), 129; Kathryn A. Watts and Amy J. Wildermuth, “Massachusetts v. EPA: Breaking New Ground on Issues Other Than Global Warming” (2008) 102 Nw. Univ. L. Rev. 1029. For prominent examples, see Markell and Ruhl, “An Empirical Survey” and “A New Jurisprudence or Business as Usual”; Navraj S.

Sci. Technol. 429. Clean Energy Legislation (Carbon Tax Repeal) Act 2014 (Cth). Ongoing negotiations between the government and senators who hold the balance of power suggest other legislation designed to dismantle clean energy institutions such as the Climate Change Authority or the Clean Energy Finance Corporation may be blocked in the Senate. au/climate-change/repealing-carbon-tax. Canada is another similarly placed country, but its climate litigation has been far more limited than the litigation of either the United States or Australia.

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