Litigating Climate Change at the Coal Mine

McAllister, Lesley K.

Abstract

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Litigating Climate Change at the Coal Mine

Lesley K. McAllister

University of San Diego School of Law

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

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.

Number of Pages in PDF File: 23

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

JEL Classification: K32

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Date posted: March 28, 2008

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: http://ssrn.com/abstract=1113540

Contact Information

Lesley K. McAllister (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States