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

San Diego Legal Studies Paper No. 08-014

23 Pages Posted: 28 Mar 2008

See all articles by Lesley K. McAllister

Lesley K. McAllister

University of California, Davis - School of Law

Date Written: April 2008

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.

Keywords: climate change, environmental impact, Australia, greenhouse gas emissions, coal mining

JEL Classification: K32

Suggested Citation

McAllister, Lesley K., Litigating Climate Change at the Coal Mine (April 2008). ADJUCATING CLIMATE CHANGE: SUB-NATIONAL, NATIONAL, AND SUPRA-NATIONAL APPROACHES, William C.G. Burns, Hari M. Osofsky, eds., Cambridge University Press, Forthcoming, San Diego Legal Studies Paper No. 08-014, Available at SSRN: https://ssrn.com/abstract=1113540

Lesley K. McAllister (Contact Author)

University of California, Davis - School of Law ( email )

400 Mrak Hall Dr
Davis, CA CA 95616-5201

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