Download Adjudicating Climate Change: State, National, and by William C. G. Burns, Hari M. Osofsky PDF

By William C. G. Burns, Hari M. Osofsky

Courts have emerged as an important battleground in efforts to manage weather swap. during the last a number of years, tribunals at each point of presidency all over the world have noticeable claims relating to greenhouse gasoline emissions and affects. those situations depend upon various felony theories, yet all specialize in executive legislation of weather swap or the activities of significant company emitters. This e-book explores weather activities in nation and nationwide courts, in addition to overseas tribunals, that allows you to clarify their regulatory value. It demonstrates the position that those circumstances play in broader debates over weather coverage and argues that they function a huge strength in pressuring governments and emitters to handle this significant challenge. As legislation organisations and public curiosity firms more and more enhance weather perform components, the e-book serves as a very important source for practitioners, policymakers, and teachers.

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Extra info for Adjudicating Climate Change: State, National, and International Approaches

Sample text

Four environmental groups brought an action in the Victorian Civil and Administrative Tribunal alleging that a reviewing panel’s failure to consider potential greenhouse gas emissions from the project violated the Victorian Planning and Environment Act of 1987. 153 r In Gray v. Minister for Planning, an activist brought an action in the New South Wales Land and Environment Court, contending that the project’s greenhouse gas assessment should have included greenhouse gas emissions from the combustion of coal bought from the project by third parties.

THE NEED FOR ASSESSMENT As climate change litigation proliferates around the world, an assessment of what its role is and should be in transnational regulatory governance becomes important. This volume provides such an assessment by exploring representative examples at subnational, national, and supranational levels. Through employing the perspectives of academics and practitioners on a wide range of adjudication, the book explores the present and future of this litigation as part of multiscalar regulation of climate change.

22 William C. G. Burns and Hari M. S. S. S. 149 r Canada r In 2007, the NGO Friends of the Earth Canada filed a lawsuit against the government of Canada alleging that the federal government is violating section 166 of the Canadian Environmental Protection Act, which requires compliance with international agreements to prevent pollution. 150 r New Zealand r Greenpeace New Zealand Inc. v. Northland Regional Council and Mighty River Power Limited involved the application by a power company to a regional council to develop a coal-fired facility.

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