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Climate Change Litigation
Regulatory Pathways to Cleaner Energy

AUD$47.95 inc GST

Part of Cambridge Studies in International and Comparative Law

  • Date Published: November 2017
  • availability: Available
  • format: Paperback
  • isbn: 9781316641071
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About the Authors
  • This examination of the role of litigation in addressing the problem of climate change focuses not only on how the massive and growing number of lawsuits influences regulation directly, but also on how the lawsuits shape corporate behaviour and public opinion. It provides readers with an understanding of how these lawsuits have shaped approaches to mitigation and adaptation, and have been used to try to force and to block regulation. There is a particular emphasis on lawsuits in the United States and Australia, the two jurisdictions which have had the most climate change litigation in the world, and the lessons provide broader insights into the role of courts in addressing climate change.

    • The examination of the regulatory effects of climate change litigation is relevant to readers who want to know about the real world impact of lawsuits which raise climate change issues
    • Looks at the direct and indirect regulatory effect in order to demonstrate how these lawsuits change corporate behaviour and public opinion
    • Considers both pro- and anti-regulatory litigation, thereby providing a balanced perspective on the role that courts are playing in climate change regulation
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    Reviews & endorsements

    'Peel and Osofsky do an excellent job of providing the necessary factual and legal information needed to understand the various aspects of this complex topic. Whether the reader possesses only a basic knowledge of the subject or is well versed, this book should provide considerable insight. While Climate Change Litigation provides information, theories, and strategies designed to assist those seeking to use the court system as a vehicle for reducing carbon emissions, attorneys, advocacy groups, and other stakeholders positioned on the opposite side of such efforts also will find this book to be a useful resource for generating legal strategies and preparing for potential future legal actions.' Mark Popielarski, Law Library Journal

    Customer reviews

    12th Jul 2015 by Tay80

    This text is an authoritative and innovative analysis on the role climate change litigation can and does have in terms of both regulatory impact and in shaping wider social norms. Complimenting doctrinal analysis with qualitative data via participant interviews, the authors embark on a detailed discussion of US and Australian legal developments in the climate change litigation space. It offers new insights with a broader framing of litigation, and in so doing it highlights the crucial impact that the court system has on influencing social behaviours - with or without legal precedent. It reviews the case law of both jurisdictions in great detail, combining this legal analysis with excerpts of the data to give the two case study areas both richness and depth to illustrate the important role of law in the climate change space. This text is an excellent contribution to the scholarship of climate change litigation, climate change mitigation and adaptation, and to sociolegal research more generally.

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    Product details

    • Date Published: November 2017
    • format: Paperback
    • isbn: 9781316641071
    • dimensions: 229 x 152 mm
    • weight: 0.503kg
    • contains: 2 b/w illus.
    • availability: Available
  • Table of Contents

    1. Why climate change litigation matters
    2. Model for understanding litigation's regulatory impact
    3. Litigation as a mitigation tool
    4. Litigation as an adaptation tool
    5. Corporate responses to litigation
    6. Litigation's role in shaping social norms
    7. Barriers to progress
    8. The future of climate change litigation.

  • Authors

    Jacqueline Peel, University of Melbourne
    Jacqueline Peel is Professor of Law at Melbourne Law School, Australia, and an internationally recognised expert on climate change law. Her teaching and research interests lie in the areas of environmental law (domestic and international), risk regulation and the role of science, and climate change law.

    Hari M. Osofsky, University of Minnesota
    Hari M. Osofsky is a Professor of Law at the University of Minnesota, where she is also the Director of the Energy Transition Lab and the Director of the Joint Degree Program in Law, Science, and Technology. Her research focuses on energy transition and climate change.

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