U S Climate Change Regulation And Litigation

Author : Francesco Sindico,Makane Moïse Mbengue
Publisher : Springer Nature
Page : 615 pages
File Size : 49,5 Mb
Release : 2021-01-21
Category : Law
ISBN : 9783030468828

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Comparative Climate Change Litigation: Beyond the Usual Suspects by Francesco Sindico,Makane Moïse Mbengue Pdf

This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Author : Coplan, Karl S.,Green, Shelby D.,Fischer Kuh, Katrina,Narula, Smita,Rábago, Karl R.,Valova, Radina
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 40,5 Mb
Release : 2021-12-10
Category : Law
ISBN : 9781839101304

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Climate Change Law by Coplan, Karl S.,Green, Shelby D.,Fischer Kuh, Katrina,Narula, Smita,Rábago, Karl R.,Valova, Radina Pdf

This timely and incisive book combines an introduction to the core legal and policy issues presented by climate change with a deeper analysis of decisions that will define the path forward. Offering a guide to key terms, concepts, and legal principles in the field, this book will help readers develop a sophisticated perspective on issues central to climate change law and policy.

Author : William C. G. Burns,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 413 pages
File Size : 40,9 Mb
Release : 2009-07-27
Category : Law
ISBN : 9781139480895

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Adjudicating Climate Change by William C. G. Burns,Hari M. Osofsky Pdf

Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.

Author : Congressional Research Service
Publisher : Createspace Independent Publishing Platform
Page : 46 pages
File Size : 41,9 Mb
Release : 2017-04-07
Category : Electronic
ISBN : 1545218048

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U.s. Climate Change Regulation and Litigation by Congressional Research Service Pdf

On March 28, 2017, President Trump signed an executive order to encourage and promote energy development by modifying climate change policies. As the Trump Administration implements its environmental policies, various legal challenges to Obama Administration climate change regulations remain pending before courts. During the last term of the Obama Administration, the Environmental Protection Agency (EPA) and the National Highway and Traffic Safety Administration finalized a series of regulations to address emissions from cars, trucks, and their engines that may contribute to climate change. In addition, EPA finalized regulations pursuant to its authority under the Clean Air Act (CAA) to reduce GHG emissions from stationary sources such as power plants, GHG-emitting oil and gas sources, and landfills. Various stakeholders have challenged a majority of these rules generally contesting the scope of EPA's authority and its methods for regulating GHG emissions. In addition to the CAA, other environmental statutes such as the Endangered Species Act and the National Environmental Policy Act require federal agencies to consider climate change in their actions and decisions. The extent to which agencies may consider climate change effects and rely on predictive models, studies, and assumptions, however, has been challenged in court. Federal agencies are also required to consider the cost of GHG emissions in their rulemakings and environmental reviews. As the Trump Administration implements its policies on climate change, stakeholders may sue to ensure compliance with laws and judicial precedent that require consideration of climate change effects or costs. Climate change litigation may potentially increase as some stakeholders seek to reduce GHG emissions and address climate change effects. In the past, plaintiffs have had little success in using federal common law nuisance claims to force private entities to reduce their GHG emissions or pay damages for alleged injuries caused by their emissions. In 2011, the Supreme Court determined that these claims were displaced when Congress granted EPA authority to regulate GHG emissions under the CAA. If Congress amends the CAA to remove EPA's authority, plaintiffs may seek to reintroduce these common law nuisance claims. However, they will likely face jurisdictional barriers that may be difficult to overcome. Federal courts often do not reach the merits of climate change suits due to threshold procedural and jurisdictional barriers, such as whether a plaintiff or petitioner has the right to bring a lawsuit in the first place or whether the court has jurisdiction over a type of claim. These difficult procedural and jurisdictional barriers are at the center of a recent case claiming that the government has a duty to safeguard certain natural resources for the benefit of the public and that duty compels the government to address climate change. This report will cover a brief history of U.S. climate change regulation; review the different types of regulation and legal actions that have been pursued in the national debate over GHGs; examine selected legal issues and next steps in related litigation; and address what these legal and regulatory developments mean for Congress.

Author : Anonim
Publisher : Unknown
Page : 280 pages
File Size : 53,9 Mb
Release : 2008
Category : Attorneys general
ISBN : STANFORD:36105063781772

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Symposium, Global Climate Change by Anonim Pdf

Author : Christina Voigt
Publisher : Cambridge University Press
Page : 505 pages
File Size : 54,6 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108497176

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International Judicial Practice on the Environment by Christina Voigt Pdf

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Author : Jacqueline Peel,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 377 pages
File Size : 42,6 Mb
Release : 2015-04-09
Category : Law
ISBN : 9781107036062

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Climate Change Litigation by Jacqueline Peel,Hari M. Osofsky Pdf

This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.

Author : Giedr? Kaminskait?-Salters
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 54,7 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041132536

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Constructing a Private Climate Change Lawsuit Under English Law by Giedr? Kaminskait?-Salters Pdf

The issue of tortious liability for harm caused by climate change has risen to some prominence in recent legal literature. However, except for a few U.S. cases, litigation in this area remains dormant in most jurisdictions. Now, in anticipation of the likelihood - and desirability - of such litigation, this ground-breaking study examines the extent to which a claim brought by a private, public, or quasi-public claimant against a private defendant (such as a producer of fossil fuels or major emitter of greenhouse gases) alleging climate change-related damage, and based on one or more causes of action under the English law of torts, can be pursued in the English Courts.

Author : Michael Gerrard
Publisher : American Bar Association
Page : 796 pages
File Size : 40,6 Mb
Release : 2007
Category : Law
ISBN : 1590318161

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Global Climate Change and U.S. Law by Michael Gerrard Pdf

This comprehensive, current examination of U.S. law as it relates to global climate change begins with a summary of the factual and scientific background of climate change based on governmental statistics and other official sources. Subsequent chapters address the international and national frameworks of climate change law, including the Kyoto Protocol, state programs affected in the absence of a mandatory federal program, issues of disclosure and corporate governance, and the insurance industry. Also covered are the legal aspects of other efforts, including voluntary programs, emissions trading programs, and carbon sequestration.

Author : Jean-François Masson
Publisher : Unknown
Page : 176 pages
File Size : 40,7 Mb
Release : 2010
Category : Climatic changes
ISBN : STANFORD:36105134522718

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Climate Change Litigation and Law by Jean-François Masson Pdf

Climate change is viewed as a global issue, but proposed responses require action at the national level. Over the past 16 years, a variety of voluntary and regulatory actions have been proposed or undertaken in the United States, including monitoring of electric utility carbon dioxide emissions, improved appliances efficiency, and incentives for developing renewable energy sources. The Energy Policy Act of 2005 included provisions indirectly related to greenhouse gas emissions, such as energy efficiency and renewable energy. The Energy Independence and Security Act of 2007 addresses renewable energy and conservation, but also includes provisions specifically on climate change. This book emphasises the steps that need to be taken to reduce the growth of greenhouse gas emissions. The authors of this book also discuss international law aspects of a nation's contributions to climate change, and the few international claims made against the United States to date. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

Author : William C. G. Burns,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 413 pages
File Size : 47,8 Mb
Release : 2009-07-27
Category : Law
ISBN : 9780521879705

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Adjudicating Climate Change by William C. G. Burns,Hari M. Osofsky Pdf

This book examines lawsuits over climate change that have been brought around the world. It can serve as a resource for those interested in the problem of climate change and in the role that courts are playing in climate regulation. The chapters analyze examples of cases in state, national, and international tribunals, as well as this litigation's broader significance.

Author : Richard Lord,Silke Goldberg,Lavanya Rajamani,Jutta Brunnée
Publisher : Cambridge University Press
Page : 711 pages
File Size : 44,7 Mb
Release : 2011
Category : Law
ISBN : 9781107017603

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Climate Change Liability by Richard Lord,Silke Goldberg,Lavanya Rajamani,Jutta Brunnée Pdf

"As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law"--

Author : Rosemary Gail Rayfuse,Shirley V. Scott
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 42,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006085

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International Law in the Era of Climate Change by Rosemary Gail Rayfuse,Shirley V. Scott Pdf

'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

Author : Alina Averchenkova,Sam Fankhauser,Michal Nachmany
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 51,9 Mb
Release : 2017-12-29
Category : Electronic
ISBN : 9781786435781

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Trends in Climate Change Legislation by Alina Averchenkova,Sam Fankhauser,Michal Nachmany Pdf

A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.

Author : Hari Osofsky,Lesley McAllister
Publisher : Aspen Publishing
Page : 554 pages
File Size : 44,5 Mb
Release : 2012-08-21
Category : Law
ISBN : 9781454836025

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Climate Change Law and Policy by Hari Osofsky,Lesley McAllister Pdf

Pioneers in an emergent field, the authors of Climate Change Law and Policy have created a modular and accessible text with extensive web resources. Designed for 2- and 3-credit courses, discussion, commentary, and exercises are integrated into every chapter. Tracing key legal developments, the scope of this landmark text spans international, United States, foreign, state and local, and nongovernmental efforts to address climate change. A concise text that takes a global view, Climate Change Law and Policy features: accessible and modular format that can adapt to a variety of teaching objectives timely coverage of key legal developments in climate change control around the world discussion of the role of non-nation-state actors in forming climate change policy, including cities, corporations, NGO's, and individuals draws from commentary of leading experts on each topic exercises in each chapter based on major law and policy issues extensive web resources, including updates and links