Litigating Climate Change at the Coal Mine
Lesley K. McAllister
University of San Diego School of Law
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
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.
Number of Pages in PDF File: 23
Keywords: climate change, environmental impact, Australia, greenhouse gas emissions, coal mining
JEL Classification: K32Accepted Paper Series
Date posted: March 28, 2008
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