Adjudicating Climate Change State, National, and International Approaches

Author: William Burns; Hari Osofsky
Publisher: Cambridge University Press
ISBN: 9780521879705
Published In: October 2009
Format: Hardback
Jurisdiction: International, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Addresses roles of courts in regulation of global climate change
Analyzes a crucial emerging area of litigation
Looks at lawsuits at multiple levels of governments brought under a wide range of legal theories

Contents:: Preface Peter E. Roderick; 1. Introduction: the exigencies that drive potential causes of action for climate change William C. G. Burns and Hari M. Osofsky; Part I. Subnational Case Studies; 2. State action as political voice in climate change policy: the Minnesota environmental cost valuation regulation Stephanie Stern; 3. Limiting climate change at the coal mine Lesley K. McAllister; 4. Cities, land use, and the global commons: genesis and the urban politics of climate change Katherine Trisolini and Jonathan Zasloff; 5. Atmospheric trust litigation Mary Christina Wood; Part II. National Case Studies; 6. The intersection of scale, science, and law in Massachusetts v. EPA Hari M. Osofsky; 7. Biodiversity, global warming, and the United States Endangered Species Act: the role of domestic wildlife law in addressing greenhouse gas emissions Brendan R. Cummings and Kassie R. Siegel; 8. An emerging human right to security from climate change: the case against gas flaring in Nigeria Amy Sinden; 9. Tort-based climate litigation David A. Grossman; 10. Insurance and climate change litigation Jeffrey W. Stempel; Part III. Supranational Case Studies; 11. The world heritage convention and climate change: the case for a climate-change mitigation strategy beyond the Kyoto protocol Erica J. Thorson; 12. The Inuit petition as a bridge? Beyond dialectics of climate change and indigenous peoples' rights Hari M. Osofsky; 13. Bringing climate change claims to the accountability mechanisms of international financial institutions Jennifer Gleason and David B. Hunter; 14. Potential causes of action for climate change impacts under the United Nations Fish Stock Agreement William C. G. Burns; 15. Climate change litigation: opening the door to the international court of justice Andrew Strauss; 16. The implications of climate change litigation: litigation for international environmental law-making David B. Hunter; 17. Conclusion: adjudicating climate change across scales Hari M. Osofsky.