Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wzw2p Total loading time: 0 Render date: 2024-06-02T13:34:57.641Z Has data issue: false hasContentIssue false

7 - ‘Next Generation’ Climate Change Litigation in Australia

from Part III - Domestic Law and Domestic Adjudication

Published online by Cambridge University Press:  06 November 2020

Jolene Lin
Affiliation:
National University of Singapore
Douglas A. Kysar
Affiliation:
Yale University, Connecticut
Get access

Summary

Since the conclusion and entry into force of the Paris Agreement and the high-profile Urgenda case, possibilities for exploring new avenues of strategic climate change litigation in Australia have received considerable attention. To date, most Australian cases have involved administrative challenges to projects under environmental laws to have climate change impacts taken into account. While this ‘first generation’ of cases has achieved significant results, there is increasing interest in taking forward a ‘next generation’ of cases that have a broader focus on holding governments and corporations directly accountable for the climate change implications of their actions. This chapter explores the contours of next-generation climate change litigation in Australia, including the drivers for these lawsuits and the potential legal avenues by which they might be brought. Rather than abandoning first-generation challenges — which have targeted Australia’s principal sources of greenhouse gas emissions such as coal-fired power stations and coal mines — we argue that the most fruitful strategy for future climate change litigation in Australia is one that continues to advance lower risk cases building from existing litigation, while simultaneously attempting novel approaches.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×