Academic

McAllister on Litigating Climate Change

By Lawrence Solum

Lesley K. McAllister (University of San Diego - School of Law) has posted Litigating Climate Change at the Coal Mine (ADJUCATING CLIMATE CHANGE: SUB-NATIONAL, NATIONAL, AND SUPRA-NATIONAL APPROACHES, William C.G. Burns, Hari M. Osofsky, eds., Cambridge University Press, Forthcoming) on SSRN. Here is the abstract:

In several prominent climate change cases, Australian environmentalists have sought to compel government agencies responsible for approving coal mining projects to consider the impact of the greenhouse gases that will be emitted at the time that the mined coal is burned to generate energy. With this approach, environmentalists have had some notable success in forcing such "indirect" or "downstream" greenhouse gas emissions to be assessed in the decision-making process. This article describes these cases and analyzes legal barriers that prevent favorable outcomes for plaintiffs in such cases.

Full post as published by Legal Theory Blog on April 04, 2008 (boomark / email).